MINUTES Meeting of the San Marcos City Council TUESDAY, AUGUST 12, 2014 City Council Chambers 1 Civic Center Drive, San Marcos, CA 92069 Regular City Council Meeting Regular San Marcos Public Financing Authority Meeting Special City of San Marcos as Successor Agency to the San Marcos Redevelopment Agency Meeting Special City of San Marcos as Successor Housing Agency to the San Marcos Redevelopment Agency Meeting Special Fire Protection District Meeting CALL TO ORDER: Mayor Desmond called the City Council Meeting to order at 6:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND ALSO PRESENT: City Manager Griffin, City Attorney Peak, City Engineer/Public Works Director Edwards, Planning Director Backoff, Building Official Reynolds, City Clerk Scollick, and Deputy City Clerk Cogle. PLEDGE OF ALLEGIANCE: Given by Boy Scout Troop #668. INVOCATION: Given by Mary Bruno. PRESENTATIONS A. Recognition of Eagle Scouts Troop #668: The City Council presented Alex Lamb, Joseph Hamblin and PJ Jaarsma with proclamations in recognition of achieving Eagle Scout. B. Planning Commission Chairman Report: Chair Flodine provided a report to the City Council. C. San Marcos Community Foundation Report: Vice Chair Terri Williams provided a report to the City Council. CONSENT CALENDAR ITEM NOS. 6, 7, AND 8 WERE REMOVED FROM THE CONSENT CALENDAR. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JABARA, TO APPROVE THE CONSENT CALENDAR EXCEPT ITEM NOS. 6, 7 AND 8, AS RECOMMENDED BY STAFF. # 2.1
Tuesday, August 12, 2014 Page 2 of 6 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND NONE NONE 1) WAIVER OF TEXT. This item is to waive the reading of the text of all Ordinances and Resolutions introduced or adopted at this meeting. Ordinances and Resolutions shall be introduced or adopted by title. 2) APPROVAL OF MINUTES. Regular City Council/Regular San Marcos Public Financing Authority/Special City of San Marcos as Successor Agency to the San Marcos Redevelopment Agency/Special City of San Marcos as Successor Housing Agency to the San Marcos Redevelopment Agency/Regular Fire Protection District Meetings, 7/22/2014. 3) APPROVAL OF WARRANTS. Approved City Council, Successor Agency, and Fire Protection District warrants. 4) RESOLUTION NO. FD 2014-323 MULTI-YEAR PLAN FOR SAN DIEGO COUNTY FIRE MITIGATION FUNDING. Approved the San Diego County Fire Mitigation Funding Multi-Year Plan. 5) RESOLUTION NO. 2014-7970 CITYWIDE REGULATORY AND WARNING SIGN UPGRADE PROJECT PHASE 1, CAPITAL IMPROVEMENT PROJECT NO. 88503. Approved the construction documents for the Citywide Regulatory and Warning Sign Upgrade Project Phase 1 and authorize advertising for bids. 6) RESOLUTION NO. 2014-7715 APPLICATION FOR GRANT FUNDS THROUGH THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP) FOR THE DISCOVERY URBAN TRAIL PROJECT. Consider approving the application for grant funds through the Environmental Enhancement and Mitigation Program (EEMP) for the Discovery Urban Trail Project. THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR. 7) ORDINANCE NO. 2014-1398 PROPOSED REPLACEMENT OF CHAPTER 20.465 (WIRELESS TELECOMMUNICATIONS FACILITIES) OF THE SAN MARCOS MUNICIPAL CODE (SMMC) AND AFFECTED SECTIONS OF SMMC TITLE 20. Consider approving second reading and adopted modifications to the San Marcos Municipal Code (SMMC) that supersede and replace Chapter 20.465 of the SMMC in its entirety and affected sections of SMMC Title 20, and an Addendum to the General Plan/Zoning Ordinance Update Program Final Environmental Impact Report (FEIR). THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR. 8) RESOLUTION NO. 2014-7972 AUTHORIZING DESIGNATED STAFF TO FILE WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES REQUESTS FOR FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT AND SIMILAR STATUES. Consider approving authorizing designated staff to file with the California Office of Emergency # 2.2
Tuesday, August 12, 2014 Page 3 of 6 Services for financial assistance under the Natural Disaster Assistance and similar statutes. THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR. ITEMS REMOVED FROM THE CONSENT CALENDAR 6) RESOLUTION NO. 2014-7715 APPLICATION FOR GRANT FUNDS THROUGH THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM (EEMP) FOR THE DISCOVERY URBAN TRAIL PROJECT. Consider approving the application for grant funds through the Environmental Enhancement and Mitigation Program (EEMP) for the Discovery Urban Trail Project. MICHAEL HUNSAKER, PODL, expressed concern relating to the diversion of taxpayer dollars to the Creek District development and believes it should benefit the community and not a specific project. He recommended the city look into reclaimed water from South Lake. Staff clarified that the majority of the Creek District project is funded by a grant. Councilmember Jabara clarified that the city does not own South Lake Park. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER JABARA, TO APPROVE ITEM NO. 6, AS RECOMMENDED BY STAFF. AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND 7) ORDINANCE NO. 2014-1398 PROPOSED REPLACEMENT OF CHAPTER 20.465 (WIRELESS TELECOMMUNICATIONS FACILITIES) OF THE SAN MARCOS MUNICIPAL CODE (SMMC) AND AFFECTED SECTIONS OF SMMC TITLE 20. Consider approving second reading and adopted modifications to the San Marcos Municipal Code (SMMC) that supersede and replace Chapter 20.465 of the SMMC in its entirety and affected sections of SMMC Title 20, and an Addendum to the General Plan/Zoning Ordinance Update Program Final Environmental Impact Report (FEIR). PAUL O BOYLE, LEGAL COUNSEL FOR CROWN CASTLE, requested the City Council consider the following modifications to the proposed Ordinance: 1) modify the definition of a utility pole; 2) the requirement of annual CUP updates, photo updates and RF reports are redundant; and, 3) the proposed ordinance favors City facilities and it could pose a problem if there is an underground district with only a City facility there and Section 20.465.070 E2 and E7 state that the applicant must demonstrate by technically sufficient and conclusive proof that a new pole is the only means to provide coverage. JOHN SIGNORINO, SAN MARCOS, requested the City Council reconsider the proposed Ordinance as it does not address the welfare and safety of the community and asked that the proposed Ordinance be required to go back through the process and reconsidered if a # 2.3
Tuesday, August 12, 2014 Page 4 of 6 cell tower is proposed in a non-preferred zone and that a third party independent analysis be required. MOVED BY MAYOR DESMOND, SECONDED BY VICE MAYOR JONES, TO ADOPT ORDINANCE NO. 2014-1398, AS RECOMMENDED BY STAFF. AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, DESMOND NOES: COUNCILMEMBERS: ORLANDO 8) RESOLUTION NO. 2014-7972 AUTHORIZING DESIGNATED STAFF TO FILE WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES REQUESTS FOR FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT AND SIMILAR STATUES. Consider approving authorizing designated staff to file with the California Office of Emergency Services for financial assistance under the Natural Disaster Assistance and similar statutes. MICHAEL HUNSAKER, PODL, requested that the City Council ensure that nothing in the approval authorizes staff, independent of the City Council, to select and approve the grants and assistance. MOVED BY VICE MAYOR JONES, SECONDED BY COUNCILMEMBER ORLANDO, TO APPROVE ITEM NO. 8, AS RECOMMENDED BY STAFF. ORAL COMMUNICATIONS ORDINANCES AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND MICHAEL HUNSAKER, PODL, requested the City Council consider the following as it relates to the speed limit in front of La Moree mobilehome park: 1) the City Attorney to petition the Court for legal authorities and the formal definition of a senior center ; 2) determine if the limit is set at 45 mph with a strictly enforced modifier would allow enforcement of as little as 46 mph or whether the 85% limit would increase it further with traffic speeds up to more than 45 mph as speed profiles are updated; and, 3) install speed indicating signs commonly used at schools to remind drivers of their speeding. 9) ORDINANCE NO. 2014-1399 UPDATE SAN MARCOS MUNICIPAL CODE TITLE 17 BUILDING CODE ADOPTION AND LOCAL AMENDMENTS. Consider approving the update and amendments to the San Marcos Municipal Code Title 17. # 2.4
Tuesday, August 12, 2014 Page 5 of 6 BUILDING OFFICIAL REYNOLDS provided staff report dated 8/12/14. Staff recommended the City Council introduce an ordinance amending Chapter 17 of the San Marcos Municipal Code. MOVED BY COUNCILMEMBER ORLANDO, SECONDED BY COUNCILMEMBER JENKINS, TO INTRODUCE ORDINANCE NO. 2014-1399, AS RECOMMENDED BY STAFF. NEW BUSINESS AYES: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND 10) WATER CONSERVATION EFFORTS BY THE CITY OF SAN MARCOS. Consider note and file of the City of San Marcos water conservation report. DANA FRIEHAUF, Acting Water Resources Manager, San Diego County Water Authority, provided a PowerPoint presentation, commended the City of San Marcos on water conservation efforts, and explained California emergency regulations that went into effect at the beginning of August. MARYANN ZAINES, San Marcos, commented on the following: 1) Hollandia and Mulberry parks appear to be overwatered; 2) there is no drip irrigation in the parks; 3) provide a report that addresses current landscape situations and future needs; 4) green space throughout the city needs to be reduced; and, 5) front lawns are not used or needed. DANA MCCOY, San Marcos, requested California native plants be made the default choice for any new and refurbished projects and to reconsider the Valley of Discovery motto and consider a new motto of San Marcos, California s Native City. PUBLIC WORKS DIRECTOR/CITY ENGINEER EDWARDS provided staff report dated 8/12/14 with no action recommended or taken. STAFF responded to INDIVIDUAL COUNCILMEMBER questions as follows: 1) the City has eighteen ground water wells; 2) the City is proceeding with the redesign of the turf area at City Hall and construction should begin in spring to convert the turf to meadow grass; 3) staff is coordinating with Vallecitos Water District as it relates to drought restrictions; 4) the landscape standards in the City s Ordinance are being researched as it relates to being applicable in single family residential areas; 5) city public outreach efforts will include Homeowner Associations and management companies; and, 6) a joint meeting with City Officials and the Vallecitos Water District Board of Directors will be held in the near future. INDIVIDUAL COUNCILMEMBERS requested the following: 1) that a non emergency hotline be made available for reporting water runoff within the city; 2) implement a no run off # 2.5
Tuesday, August 12, 2014 Page 6 of 6 policy for future development; 3) research the potential to capture run off; and, 4) audit city parks to ensure they are not being overwatered. ORAL COMMUNICATIONS There were no requests to speak from the public. REPORTS (Including AB 1234 Reporting Requirements) 11) REDEVELOPMENT AGENCY DISSOLUTION REPORT - CITY MANAGER. No report provided. 12) REGIONAL ECONOMIC REPORT - MAYOR DESMOND. Report provided with no action taken. 13) SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORT - COUNCILMEMBER ORLANDO. Report provided with no action taken. 14) NORTH COUNTY TRANSIT DISTRICT REPORT - VICE MAYOR JONES. No report provided 15) LEAGUE OF CALIFORNIA CITIES REPORT - COUNCILMEMBER JABARA. No report provided. 16) NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY REPORT - COUNCILMEMBER JENKINS. No report provided. COUNCIL COMMENTARY Councilmember Jenkins and Mayor Desmond reported on a visit they made to Baja Designs located on Bosstick who manufacture lighting for off-road vehicles. Councilmember Jenkins reported she attended the Kiwanis 50 th Birthday celebration and presented a proclamation on behalf of the City Council. Mayor Desmond reported he had breakfast with senior volunteers at Hometown Buffet. ADJOURNMENT Mayor Desmond adjourned the meeting at 7:46 p.m. ATTEST: JAMES M. DESMOND, MAYOR CITY OF SAN MARCOS PHILLIP SCOLLICK, CITY CLERK CITY OF SAN MARCOS # 2.6
MINUTES Special Meeting of the San Marcos City Council WEDNESDAY, AUGUST 20, 2014 City Council Chambers 1 Civic Center Drive, San Marcos, CA 92069 CALL TO ORDER: Mayor Desmond called the City Council Meeting to order at 1:00 p.m. The meeting was adjourned to this date and time on August 19, 2014 by Mayor Desmond due to lack of quorum. ROLL CALL: PRESENT: COUNCILMEMBERS: JABARA, JENKINS, JONES, ORLANDO, DESMOND ORAL COMMUNICATIONS There were no requests to speak. NEW BUSINESS 4. CONSIDER WHETHER TO HOLD THE NOVEMBER 2014 GENERAL MUNICIPAL ELECTION FOR THE OFFICE OF MAYOR, AND TAKE ACTION AS DESIRED PURSUANT TO ELECTIONS CODE SECTION 10229. CITY ATTORNEY PEAK introduced the item and clarified the appointment process including the any potential conflict of interest regarding voting on individual appointments and included, as part of the record, an email from the Fair Political Practices Commission (FPPC) clarifying the role and responsibilities of current Councilmembers voting on their own appointments. CITY COUNCIL DISCUSSION included the necessary process for the cancellation of the election and any needed subsequent voting on appointments; and clarification of the conflict of interest of personal loans to campaign committees or donations to individual councilmember campaigns within the last 12 months. CITY COUNCILMEMBERS expressed interest about the financial savings that would result from canceling the election, importance of transparent and democratic processes in government, right of citizens to vote, clarification of the nomination period, other potential uses of money savings, write-in process and success probability, reflection of community satisfaction survey, affirmation important part of process of democracy, balancing the financial and transparency values of the community, potential legal challenges and expenses have been budgeted and considered for fiscal year. # 2.7
Special City Council Tuesday, May 13, 2014 Page 2 of 3 MOVED BY VICE MAYOR JONES, SECONDED BY MAYOR DESMOND, TO APPROVE RESOLUTION NO. 2014-7974, TO CANCEL THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTIONS FOR THE OFFICE OF MAYOR. Cancellation of the Election for the Office of Mayor: AYES: COUNCILMEMBERS: JABARA, JONES, DESMOND NOES: COUNCILMEMBERS: JENKINS, ORLANDO 5. CONSIDER APPOINTMENT OF INCUMBENT TO THE OFFICE OF MAYOR FOR THE FULL FOUR- YEAR TERM FROM 2014 TO 2018, AND TAKE ACTION AS DESIRED. MAYOR DESMOND left the dais to avoid any potential conflict of interest. CITY COUNCILMEMBERS made no further comments. MOVED BY COUNCILMEMBER ORLANDO, SECONDED BY COUNCILMEMBER JENKINS, TO APPROVE RESOLUTON NO. 2014-7975, TO APPOINT TO THE OFFICE OF MAYOR FOR THE FULL FOUR-YEAR TERM FROM 2014-2018. AYES: COUNCILMEMBERS: JABARA, JONES, JENKINS, ORLANDO ABSTAIN: COUNCILMEMBERS: DESMOND MAYOR DESMOND returned to the dais. 6. CONSIDER WHETHER TO HOLD THE NOVEMBER 2014 GENERAL MUNICIPAL ELECTION FOR THE OFFICE OF COUNCILMEMBERS (2 SEATS), AND TAKE ACTION AS DESIRED PURSUANT TO ELECTIONS CODE SECTION 10229. COUNCILMEMBER ORLANDO left the dais citing a conflict of interest having loaned funds to his campaign committee. CITY COUNCILMEMBERS made no further comments. MOVED BY VICE MAYOR JONES, SECONDED BY MAYOR DESMOND, TO APPROVE RESOLUTON NO. 2014-7974, TO CANCEL THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTIONS FOR THE OFFICE OF COUNCILMEMBERS (2 SEATS). Cancellation of the Election for the Office of Councilmember (2 Seats): AYES: COUNCILMEMBERS: JABARA, JONES, DESMOND NOES: COUNCILMEMBERS: JENKINS ABSTAIN: COUNCILMEMBERS: ORLANDO # 2.8
Special City Council Tuesday, May 13, 2014 Page 3 of 3 7. CONSIDER APPOINTMENT OF INCUMBENTS TO OFFICE OF COUNCILMEMBER FOR THE FULL FOUR-YEAR TERM FROM 2014 TO 2018, AND TAKE ACTION AS DESIRED (2 SEATS). This item was bifurcated into the two separate motions for each individual city councilmember seat. CITY COUNCILMEMBERS made no further comments. MOVED BY COUNCILMEMBER JABARA, SECONDED BY VICE MAYOR JONES, TO APPROVE RESOLUTON NO. 2014-7976, TO APPOINT TO THE OFFICE OF COUNCILMEMBER FOR THE FULL FOUR-YEAR TERM FROM 2014-2018 (ORLANDO). AYES: COUNCILMEMBERS: JABARA, JONES, JENKINS, DESMOND ABSTAIN: COUNCILMEMBERS: ORLANDO COUNCILMEMBER ORLANDO returned to the dais. COUNCILMEMBER JABARA left the dais to avoid any potential conflict of interest. CITY COUNCILMEMBERS made no further comments. MOVED BY COUNCILMEMBER ORLANDO, SECONDED BY COUNCILMEMBER JENKINS, TO APPROVE RESOLUTON NO. 2014-7977, TO APPOINT TO THE OFFICE OF COUNCILMEMBER FOR THE FULL FOUR-YEAR TERM FROM 2014-2018 (JABARA). AYES: COUNCILMEMBERS: JONES, JENKINS, ORLANDO, DESMOND ABSTAIN: COUNCILMEMBERS: JABARA COUNCILMEMBER JABARA returned to the dais. COUNCILMEMBER COMMENTS CITY COUNCILMEMBERS offered congratulatory remarks and requested that future special meetings be scheduled for the evening, if scheduling permits. ADJOURNMENT Mayor Desmond adjourned the meeting at 1:35 p.m. ATTEST: PHILLIP SCOLLICK, CITY CLERK CITY OF SAN MARCOS JAMES M. DESMOND, MAYOR CITY OF SAN MARCOS # 2.9