City Council - Regular Meeting

Mrs. Peak, could you please call us back from close session?

Thank you, Madame Mayor. The council has now reconvened from close session during which it discussed potential litigation under government code section 54956.9 subd sub 2 uh and sub e sub3. Uh the city council discussed the matter uh with council including special counsel Allison Burns and provided unanimous direction to staff. Uh not no reportable action was taken and that concludes a close session report. Okay, close session meeting is adjourned and we will start our regularly scheduled meeting in just a couple of minutes. Jesus Christ. Welcome everyone to the regularly scheduled city council meeting. If you could please rise for the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay. God, we ask your blessings on those who have been called to lead the community in which we live, work, and play. Guide us peacefully through debate. Remind us that we are not only leaders, but first and foremost, servants, and that it is our responsibility to serve the common good of all. Grant us the wisdom and the courage to know what is good and do right. May we speak out when it is time to speak out and listen patiently and respectfully when it is time to listen. May we always be guided by the spirit of community, by the spirit of justice, and by the spirit of love. Amen.

Okay, Mr. Scolic, could we please have a roll call? Council member Leblang, present. Council member Musgrove, here. Council member Nunes, present. Deputy Mayor Sella, here. And Mayor Jones,

here. Okay. Uh, we have a smile award this evening. Uh, council member, I'm sorry, deputy mayor, would you like to Okay. Well, good evening everyone. Debbie, can we have you come down for a second? This is a really special evening for me. I've known Debbie for 25 years at least, maybe more. Well, um, for those that don't know, we do, um, each of the council members have a a nomination annually for what we call the Smile Award. And the Smile Award is short for San Marco's inspiration, leadership, and excellence. And this award is given out to individuals and organizations that embody the community spirit of service and dedication each year. Um, and this is my my time of the year to give the award, and I couldn't be more happy to give it to Debbie Thompson. Um whether Debbie is raising money for youth programs, mentoring the next generation, or helping guide major community nonprofits, Debbie has long been one of San Marcos's go-to leaders. And like I said, Debbie's been doing it a long time, for as long as I can remember. Um just a complete dedication to our community and a lot of things San Marcos. Her service uh to the Clay Marcos community began in 2001 when she attended a Boys and Girls Club auction 20 24 years later, 24 auctions later now, right? We just had that not too long ago a few weeks ago. Uh by the end of the evening, uh she was asked to help um with the the following year's auction and uh that invitation sparked decades of involvement. Since then, she has

played a key role in helping the organization of the Boys and Girls Club grow and mature with expanded programming, professional staff, and many locations. Yes,

her impact doesn't stop with with just the Boys and Girls Club. Over the past 30 years, Debbie has contributed contributed her time and leadership to the organizations including uh Rotary, Palmer College, Friends of San Marcos Parks and Recre, and the San Marcos Chamber of Commerce. much of her work has focused on scholarships, mentorship, and opportunities that empower young people. And in your free time, you happen to manage one of our local banks, which you've been managing for a long time as well. California uh the bank and trust. Thank you.

Um if all those organizations that I mentioned, most people might get involved in one of them. You've there's like five here. And all of those organizations play such a critical role in our community. It it covers the full gamut. Youth, education, business, all of it. You've literally touched and worked for organizations that have had such a positive impact on I'd say 10 thousands, not not to exaggerate, but probably real realistically hundreds of thousands of uh residents and people around the north county. So, that is just phenomenal. And I hope it's okay to say to read the next sentence here. Even after decades of service, Debbie Debbie shows no signs of slowing down. Hopefully, it's true. Continuing to inspire others and strengthen the community she loves. Debbie Debbie represents the very best of San Marcos. She doesn't just give her time, she gives her heart. Our community is stronger, kinder, and more connected because of her leadership and generosity. We are truly grateful for all she has done and continues to do for San Marcos.

Thank you. Thank you. Appreciate it. Welld deserved. Thank you. Congratulations. Appreciate it. Thank you.

Did you want to say a few words or just or just take a photo? Uh, you know, one thing I that we didn't put in there is I am involved with Rotary and one of the things in Rotary is the four-way test. And it's something that I have um actually lived by and I feel that my grandkids should be living by. And it's um the four-way test the things we think, say, or do. Is it the truth? Is it fair to all concerned? Will it build goodwill and better friendships? Will it be beneficial to all concerned? So in life around the community, I think that's one of the things that we can all live by and make the community even better if everybody just does that. Be nice. So thank you.

I think we need the flowers for the picture and my someone's my daughter and my grandkids are here or two of them. I think definitely you should bring those down. Yes. So sweet. All right, come here. Come here. We take a picture. Yes. Come here real quick. Can we take one with us? Yes. More the Thank you. Oops. Oops. Here. This way. Thank you.

Thank you. You don't have to stay for the whole meeting. Oh, you're halfway out the door.

Oh, I'm sorry. Are we that boring? Oh, geez. Thank you. And congratulations. Yeah, I've known Debbie a very long time. It's It's really good to see her um honored like that. All right, moving on to our consent calendar. Are there any items that any council members wish to pull? Seeing none, uh, do I have a motion? I'll move. Second.

Okay, motion and a second. All in favor? I. Any? Seeing none, uh, passes unanimously. Uh, next up, oral communications. I do believe we have some speaker slips. Thank you so much. Okay, first up is C. Chen, followed by Natalie Agular, and then Allison Stanton. Good evening, Mayor Jones and esteemed council members. Uh my name is C. Chen. I am the current president of uh the Skylark Owners Association representing our community of 89 homes on North Lasus Road. I was here previously here before you last month and would like to give you an update on our community. So work on the city trail running through our Skylar community is progressing at a rapid rate. We want to thank you, our city council, the members of our city staff, and our developer LAR for that those continued efforts. However, we remain very concerned that there has been no significant forward progress on the 40 acre Skyllock open space preserve. The protective fencing insulation around Quail Lake that was promised to both the city and our HOA in September was to have been started last month. This has not happened. Promised stop gap measures such as temporary fencing and increased signage also have yet to be initiated. This piece of land remains unprotected and continues to be a safety hazard to the entire San Marcos community surrounding the lake and the open space. That being said, our community is hopeful that LAR continues to consider public safety a priority and will initiate the promised fencing around Quail Lake immediately. We are thankful that members of our city staff have been able to bring together all stakeholders including our HOA Fbrook Land Conservancy, LAR, and the city of San Marcos to enter into a transparent and goodfaith discussion this coming Friday.

We want to thank you again, Mayor Jones, and esteemed city council members for continuing to empower our city staff members to facilitate collaborative discussions on protecting and completing the Skylark Open Space Preserve and to transfer it to the able hands at Fbrook Land Conservancy to be managed appropriately. Thank you very much for your consideration and I'm happy to answer any questions you might have. Uh, thank you, Mr. Chen. Uh, any questions? Seeing none, thank you so much. Appreciate you. Uh, next up, Natalie Aguilar, followed by Allison Stanton, and then Liz Santos. Hi, Natalie.

Hello. Good evening, mayor and city council members. I'm Natal, um, community educator with Univers, and here to provide our on the record updates. First, I would like to share a little bit about how our how our local community families are doing with the government shutdown. Um, many low-income families in our community are experiencing deep stress and uncertainty as a result of the government shutdown. For those already living paycheck to paycheck, the disruption in access to essential services and supports, especially food assistance, has created real hardship. People are worried about how they will feed their families, pay their bills, and stay afloat during this time. Um, in this time of need, we continue to maintain our univers pantry, serving community members in our area. Uh we are experiencing increased needs and demand for food, housing, transportation and other critical needs especially among elders and agricultural workers. Donations are always welcome at our pantry. Food items of special need include salt, oil, maseca, which is corn flour, beans, and rice. And then last is my regular update on the civics program. Uh we continue to rent the community room on Tuesdays um from 5:00 to 7:00 p.m. to host civics education classes. Um, and our class continues to grow. Um, thank you for the partnership with the city of San Marcos, whose collaboration makes our mission of empowering the community through civic engagement possible. Thank you, and I hope you all have a good evening.

Thank you so much, Natalie. Um, I had a quick question of staff. Um, Michelle, I know that we had talked about um having a link to the county website and their food resources. Um, have we do is Univers on that? Do we know? Um I'm not sure that I don't believe university ad popular is on that but we do on our news room on the front page of the website have uh information and links linking folks to where those resources can be found and we've educated our information desk staff as well. We've had a couple calls and our housing group uh is aware so that we can refer people to the most appropriate resource.

Perfect. Thank you so much and uh thank you Natalie and and we do take this very seriously. So we definitely are responding in ways that we can too. So keep uh fighting the good fight and uh helping people. Really appreciate that. Thank you, Madam Mayor. Um I do have a followup on that because um

I've been very concerned about the uh really the uncertainty that a lot of our residents are facing. Um, are we putting out any kind of social media and any kind of announcements about how to navigate some of these resources or um, not right now, but if we could look at that because um, I think a lot of the fear is the uncertainty around the time frame in terms of whether or not there's going to be a continued government shutdown and whether or not people are going to have resources. So, it is something that I've been very concerned about and I know a lot of our residents are concerned about and whether or not they're going to be able to feed their families or have basic necessities. So, um I would like some sort of update for our residents as to how we're helping to navigate a lot of the uncertainty.

Um yes, thank you, Council Member Nunes. We um we are going to be sharing some of the county's information and if we don't have any county information to share, we're going to create a social media post to assist. And then also one uh last thing, 211. Um it's a great resource for all of your needs. Um and that's something that we are um we've invested in that for as long as I can recall um at the city level. So that is something that we participated that it's really important for folks to be able to find information um especially in these uh very uncertain times. So thank you. Okay. Um next up Allison Stanton followed by Liz Santos. Welcome. Good evening madame mayor and council members. Uh my name is Allison Stanton and I live in the Rancho Tasaura community where I serve on the board of directors for our HOA. I'm here tonight to speak on behalf of our community. Recently we had a concerning incident in the city maintained open space adjacent to our neighborhood. A truck entered the area after hours, was doing donuts, overturned and caught fire. Thanks to the incredibly swift action of our first responders, the fire was contained before it could spread. likely preventing what could have been a catastrophic event for our surrounding neighborhoods. Just a few days later, another truck was seen off-roading in the same area during daylight hours. Our residents were able to capture the vehicle's license plate and report it to the sheriff's department with the support of Deputy Mayor Mike Sinella. These back-to-back incidents are unfortunately not isolated occurrences. This pattern of behavior has been escalating over the past year and and has understandably raised serious concerns among our nearby residents, especially given the dry conditions, wildfire in the area and proximity to

homes. I want to sincerely thank Deputy Mayor Mike Sinella, our District 2 representative, San Marcos Fire, and the Sheriff's Office for their responsiveness and communication. We truly appreciate hearing that city staff plans to evaluate the site this week to look at possible hardening solutions. It's reassuring to see the city take this seriously. We encourage the city to move swiftly once the evaluation is complete. implementing both short-term safeguards such as temporary barricades, signage, or restricted access, and long-term measures like reinforced barriers or design changes that make it impossible for vehicles to enter the open space. Our HOA and neighboring residents are eager to support any interim steps or community education efforts the city recommends. on behalf of our community, thank you again for your partnership, your quick response, and your continued commitment to keeping San Marco safe.

Thank you, Allison. Uh, one thing that I would recommend, and thank you for being our eyes and ears, because we obviously can't be everywhere all at the same time. Um, one of the things that I would recommend, and I recommend this for anyone that has issues in their neighborhood, is to, and we have two of our amazing uh, sheriff uh, deputies in the back here. um it would be great if you could schedule a neighborhood watch. They'll come out. They're free of charge. They'll actually help you with ways to um help your community specifically and um you know, you can and and it's important for everyone to have each other's phone numbers and and whatnot. Um sometimes even a Facebook page is very helpful uh because if one person sees it and they don't say anything, obviously that's a problem. So, we uh definitely rely on our residents a lot to help us keep the community safe. And we've always um you know, made sure that we keep those uh lines of communication open. So, if you could maybe schedule that being that you're on the homeowners association, that would be really great. Um and they're a great resource, too. Ways that you can help uh um keep people from coming into the neighborhoods. Unfortunately, we can't stop everyone from uh bad behavior. Obviously, when we put up barriers, that's what they are. their barriers. Uh but anyway, thank you for your help and you seemed like you want to say something.

Thank you, Alison, for the kind words, especially for our first responders. Thank you. And I will definitely take your suggestion. Wonderful. And I'm sure they'll be happy to help you this evening. Thank you so much. Thank you. Uh next up is Liz Santos. Welcome. I do have a onepage handout for you. Is that okay? Okay, you could just give that to the city clerk and they will um distribute it. Thank you.

Good evening, honorable Mayor Jones and city councilman members. My name is Liz Santos. I speak for my 81-year-old mother to report discriminatory actions against her property and the city staff's failure to resolve an ongoing civil liability matter impacting California and federal laws. My 81-year-old mother is being pushed off her property by powerful interest and she deserves immediate protection and justice. The city staff has presented confusion. In one moment, they acknowledged the oversight in the approved grading pan GP20-00007, directing the contractor to make corrections and stating to use our real estate per our grant deed while gates are open. In the same strike, the city staff is unwilling to revise plans leaving our family exposed. As a result, we have suffered two violent altercations, one nearly lifeending. Mayor Jones, we look to you. We look to your leadership and consistency, having previously stated that changes affecting private property require written consent impact owners as directed per common law. Those conditions on any entitlement imposed fidiciary responsibilities by city staff and anything short violated public policy. The proposed work under TPM19001 and current issues with the city staff have directly contributed to ongoing confrontations. This is not about holding out for money, but my mother owning her place, piece of land, and being able to do what she wants with it as it is her right. To be specific, private property rights cannot be altered without written consent as required by the California Subdivision

Mapped Act and the conditions of TPM19001. No such consent was obtained. The city ordered corrections to relocate fencing and adjust grading GP207, but those connections remain incomplete. Permanent fencing still blocks our easement and grading changes restrict access. Safety has been compromised on September 24th, 2025. The construction debris shattered our vehicle's rear window nearing missing my mother. On October 31st, 2025, unauthorized work and aggressive behavior from the developer crew left our family feeling endangered. These incidents implicate the city's duty under CCR title 16475 and business profession code section 6775 to protect public safety and property rights. Our requests are simple and urgent. Please provide documentation. Thank you.

Thank you. Um have a good evening. Mrs. Peak, I assume that your office is um going to be handling this. the um city staff has already responded to Miss Santos uh and uh special counsel is also addressing it. Okay. Okay. All right. So, we've got people on it. Um so, they will be responding. Okay. Thank you.

Thank you. Thank you. Okay. Um next up, ordinances. Uh item number 11, uh ordinance number 20251569 and 20251570 amending San Marcus Municipal Code Chapter 17.64 to adopt the 2025 California Fire Code and declaring local conditions to amend certain provisions of the same. an ordinance adopting the 2025 California Wildland Urban Interface Code and the 2024 International Wildland Urban Interface Code and declaring local conditions to amend certain provisions of the same to be the San Marcus Fire Protection District Wildland Urban Interface Code. And there he is, our fire marshal.

That's great. So, I got I got all of the heavy lifting out of the way so you can just give your presentation. Wonderful. We're uh we have our division chief Nan with us this evening and he's going to go through the high points on this. There it is.

Good evening, Mayor Jones and council. Uh so this is the trienal fire code and buoy code adoption. Every three years the state of California adopts a new fire code and these are our local amendments that are specific to San Marcos and the fire district. And this is to align us with the state codes and the county codes that are um passed down to us. So, we're just bringing our code up to uh current conditions, I guess. Correct. Yes, we're making this San Marcos specific. Um Okay. There hasn't been many changes since last code. Um and we also are adopting the San Diego County Wooi code with San Marcos amendments.

Okay. And these are the introductions. Uh, are there any discussions from uh, councel? No. Seeing none, do I have a motion to adopt? I'll move to adopt. I'll second. Okay, we have a motion and a second. All in favor? I. Any nos? Seeing none. You're done. That was pretty quick. Thank you.

Good for you. That's the first time. I think it was that quick. All right. Uh, moving on to our public hearings. Ordinance number 20251568 amending title 20 of the San Marcos Municipal Code to comprehensively update the zoning ordinance/title 20 of the San Marcos Municipal Code and finding that sudden uh amendment is exempt from review under the California Environmental Quality Act. And here we are. Uh okay, Mr. Farace. Yeah. Good evening, Mayor Jones, council members. Uh Sarah Kloff, our senior planner, is the project manager for this and we'll be will be providing a presentation for council tonight.

Thank you, Mr. Farra and Mayor Jones. I don't think your microphone's on.

Thank you. Thank you, Mayor Jones. Thank you, Mr. Farra. All right. Our item tonight proposes updates to title 20 of the San Marcos Municipal Code, the zoning ordinance. Before you now is the planning division's request for approval of a text amendment for the first phase of a compre comprehensive update to the zoning ordinance and adoption of a SQA exemption for the project. The zoning ordinance is a citywide regulating document that regulates built form and use of all property in the city to protect the health, safety, and welfare of the residents of the city. All development projects that occur in the city are evaluated for conformance with the general plan and also with the development standards in the zoning ordinance. Over time, as the zoning ordinance has been implemented by city staff, various inconsistencies, conflicting information, and discrepancies with state law have been identified, highlighting the need for updates. Since last year, staff has been working on a comprehensive revision to the entire entitle entire title 20 collaborating with various city departments to identify necessary changes. Given the scope of title 20, updates will be presented to city council for approval in phases. Tonight, we are presenting those amendments proposed under the first phase of the comprehensive zoning ordinance update. The amendments in the establishment of zones chapter include corrections and revisions to be consistent with the general plan, including clarification of the allowed number of dwelling units per acre and updating titles of land use classifications. Updates to the land use and development approval chapter include adding a temporary event permit as a type of permit to allow for temporary events and uses such as Christmas tree lots. The amendments to the agricultural zone chapter include clarifications and

corrections to the permitted uses table such as added references to other code sections to provide clarifying definitions or specific land use requirements described elsewhere in the zoning ordinance. ensuring land uses and use permit requirements are similar to other residential zones in the city and are in compliance with the state law. Outdoor lighting in this zone will be updated to provide permit requirements and standards for non-residential uses such as sports courts and horse arenas. Additional cross references to other sections in the code are added to further clarify how standards are identified. The updates to the residential zones chapter include consistency in provision of dwelling units, dwelling unit density across all residential zones and clarification of zone definitions. Clarifications and corrections to the permitted uses table are proposed, such as added references to other code sections for clarification and ensuring land uses and use permit requirements earn compliance with the state law. Figures will be updated for clarity and consistency. and one new figure will be added to represent R2 zone setback standards which had previously been omitted. Multifamily amenities requirements and design standards are updated to further clarify the intent of regulations and for ease of use. Updates to the commercial zone chapter include organizational corrections to the permitted uses table as well as addition of references to other chapters in title 20 and ensuring that land uses and use permit requirements are in compliance with the state law. The amendment clarifies office floor area allowances for commercial land uses and updates allowances of business activities permitted outside of enclosed buildings to now clearly identify automobile rentals and plant nurseries.

Updates to the mixeduse zone chapters include minor corrections and reorganization of and updated uses in the permitted uses table to be more consistent with other commercial zones in the city. Land uses similar to those already permitted have been added to be in greater alignment with commercial zone permitted uses, allowing more flexibility to developers to obtain and keep businesses. Updates to the industrial zone chapter include the addition of references to other chapters of title 20 and an increase in ancillary retail sales from 10% to 20% based upon staff's experience working with industrial property users in the city and confirmation of alignment with neighboring jurisdictions ordinances for examples of retail floor area. Updates to the public, institutional, and open space zones chapter include correction of the chapter's title to also reference the open space zone, minor corrections, and removing the incorrect use permit requirements. Since the voters approved addition of this ordinance in 2006, zoning code updates to chapter 2260, the ridge line protection and management overlay zone over the years included minor minor edits and cor reorganization. This update returns language and organization to that in the original voter-approved ballot measure. The amendments to the inclusionary housing chapter include clarification that the inclusionary housing inloo fee shall apply to and the fee shall be calculated based on the total number of housing units to be built. This update makes application consistent with the fee adopted in city count by the city council in November of 2024 based upon the inclusionary housing inloo fee study. Also, the ENLU fee will be

applied to the total number of housing units prior to any increase in the allowable number of units authorized by any density bonus. Since voters approved addition of this ordinance in 1998, zoning code updates to chapter 2315, the residential growth management zone, over the years included minor edits and reorganization. This update returns language and organization to that in the original voter-approved ballot measure. The specific use standards chapter section 2400160 places of assembly will be updated to add objective standards for approval of a conditional use permit for places of assembly to be consistent with recent case law within agricultural and residential zones. New objective standards now include hours of operation, parking standards to minimize impacts to surrounding properties, and capacity of assembly being based upon the size of the property, intensity of surrounding development, and capacity of streets serving the facility. The site development plan review chapter will be updated to extend the lapse of time an approved site development plan from one to two years based upon staff's experience working with the developers and property owners which have identified one year as too short of a time to pull the permits for the construction of projects after approval of entitlements. This amendment will remove the need to process unnecessary permit extensions for site development plans. The conditional use permits chapter will be updated to state that conditional use permits must be approved or denied based upon objective evidence. This update is needed to make this section consistent with recent case law. The proposed updates to title 20 have

been reviewed by staff for compliance with the California Environmental Quality Act or SQA. Staff recommends a finding of no physical effect and or an exemption under SQA as the proposed text amendment is not a project within the meaning of section 15378 of the SQA guidelines because there is no potential for it to result in a physical change in the environment either directly or indirectly. Additionally, if the proposed text amendment was considered to be a project under SQUA, pardon me, subject to SQA, it would be exempt pursuant to section 15061 B3 of the SQA guidelines because it can be seen with certainty that there is no possibility that it would have a significant effect on the environment. Accordingly, staff recommends adoption of notice of exemption EX2530. The city conducted a noticed public workshop held on April 30th, 2025 to present changes to 13 of the municipal code chapters before you today. The city conducted a subsequent noticed workshop held on September 4th, 2025 to present changes to the San Marcos Municipal Code Chapter 2310 for inclusion in this text amendment. Planning Commission conducted public hearing on October 6th, 2025. No further public comments were received at the planning commission meeting. The planning commission recommended approval by a 7 to zero vote. Based upon the facts and findings provided in the project staff report and project conditions, staff recommends adoption of SQA exemption EX25-030 and approval of ordinance number 2025-1568

for the first phase of the comprehensive zoning ordinance update. This concludes staff's presentation. Thank you so much. Okay, so basically we're introducing this this evening so that we align with um all of the state laws and clear up uh some of the uh verbiage. I just um I did want to um speak to the chapter 20.260 which is our ridge line protection and management overlay zone. I know it does say in here that it's updated language to be consistent with voter approved initiative, but I feel that I must say we're not making any changes. We can't do that. It was voted on by the residents of San Marcos that we want to protect the ridge lines because they're very special. There's they're part of our community that um I think kind of sets us apart from other cities. Um and that we're not making any um changes to it and if we were to try to make a change, it would have to go to a vote of the people. So, I just want to uh clarify that and that um it's just updating the footnotes as well. And that's it. Just wanted to make sure everyone was aware of that. Uh any other discussion? Yes, Council Member Moscow.

Thank you, Mayor. Excuse me. with the everchanging final product of SB79 and given that the public hearings were conducted earlier this year, are we still within compliance and do we still reserve our authorities as a charter city in the event that we need to use that? I know we have to be within compliance, but when it comes to the residential ordinances, very sensitive as to what we're giving up to remain in compliance. But we're not changing uh anything substantial in terms of the residential zone. Um in terms of SB79, we would need to comply with the requirements of state law uh if and when someone wants to apply that apply SB79.

So this framework allows us to do that within the ordinance as with the revised ordinance. It it does it I mean it there it's basically clarification to the residential zones. It doesn't uh it's not making any substantive changes. Okay. Thank you. Additionally, if I could note, the city's charter was amended to provide that the city will follow um uh state law with respect to planning and zoning matters, which was a sad day for me, but yes, uh the city is required to follow state law on planning and zoning matters. So, these changes are consistent with that.

Right. And whether we updated this or we didn't, we still have to follow SB79, one of the most terrible laws. Well, honestly, I don't know. There's there's been over 70 of them in the last uh I'm sorry, 170 of them in the last uh two years. So, um it's terrible. Anyway, um yes, we have to follow those laws. Um Deputy Mayor, did you No. Any other um Okay. All right. Well, then um I make a motion that we introduce this uh this is the first reading and that is I already read the whole title, I think, so I don't think I have to read it a second time. Sorry, Mrs. Peak. I already read the full title. Yeah, we were just wondering if we could close a public hearing.

Oh, sorry. Um, close the hearing. Okay. Yeah. Uh, sorry, I forgot it was a public hearing. I'll second the motion. All right. Motion is second. All in favor? I. I. Okay. So, my motion is to introduce um uh the um and I already read the full title, but it's ordinance 20251568. Uh do I have a second? Second. All right. Motion and a second. All in favor?

I. Any nos? Seeing none. Okay, moving on to item number 13, which is also a public hearing. Ordinance number 20251571. This is the second second extension of an interim agency I'm sorry urgency ordinance of the city council of the city of San Marcos California imposing a temporary citywide moratorum on the conversion slash change of any mobile home park existing in the city from a park occupied primarily or exclusively by residents aed 55 years or older to be a mobile home park allowing residents of all ages to take effective immediately. So the recommendation is to uh adopt and there is no second uh reading that's required because this is um an extension uh the ordinance extending for a second time the interim urgency um ordinance impro imposing a temporary citywide moratorum of the conversion/change of said mobile home parks occupied by primarily uh people that are 55 or older like me um and to a mobile home park allowing residents of all ages and that is uh pursuant to for a period of one year pursuant to California government code section 65858A and do we have any discussion on this being this is an extension

uh it's an extension I'm happy to give a brief staff report if you need one but it's you've been there and done that you've seen it before this is the second extension uh there's it is the final extension that is permitted it's for one year uh we are hoping that um in the interim there may be some case law that comes um gets finalized that uh will provide some direction uh in terms of what can and cannot be done. Um uh and then uh staff has also as outlined in the staff report uh performed some additional research and evaluation of uh the possibility of proposed amendments. the scope and nature of the um uh changes to be proposed have been discussed and are undergoing additional evaluation. Uh so um uh in addition to uh the um all of those issues, we're also looking at whether any SQA review is going to be required uh for the adoption of uh a proposed zoning ordinance. And we did uh include as required the public report uh pursuant to government code section 65858. And we do recommend adoption of the uh interim ordinance extension.

Okay. Uh thank you for the clarification, Mrs. Peak. Um uh this this is something I definitely think is very important. This is the second extension and we will um uh be seeing this again. Uh is there any further discussion by the council? And we it is a public hearing, so we do need to close the public hearing. Um do I have a motion to close the public hearing? We don't have any speakers, by the way. And by the way, on the previous um items, we didn't have any public speakers, which is why I didn't uh close. Okay. We have a motion and a second. All in favor? I I Okay. Um public hearing is closed. Uh do we have a motion or further discussion on this item? Move to approve. Second.

All right. We have a motion and a second. All in favor? I. Any nos? Seeing none, motion passes unanimously. Okay, moving on to new business. Uh this is uh the city council policy 202514 policy for the council recognition of our smile award program which we had earlier this evening. I believe we have a short sorry going so fast. Uh we have a short uh discussion on this. Uh yes, thank you madam mayor. Our director of lean government, Christina Ray, is going to provide us with a very brief presentation.

Good evening. Um, wow. Okay, one moment. Excellent uh tech support from our city clerk. Um, yes. So, this evening um we are going to talk about the smile award. Um, just as some brief background, uh, the city council established this award in 2021 and it's really meant to recognize some of the maybe lesser known or unsung uh, people who really exemplify that spirit of service that makes San Marcos so special. Um, you named it the Smile Award, which stands for San Marcos Inspiration, Leadership, and Excellence. And uh the way it's worked uh since then is it rotates among the council members where each council member has an opportunity once a year to give the recognition. Uh here you can see some of the materials associated with the award. Uh the person being recognized um gets a certificate. We put them on the website and we also send out a news release. And so, um, under the municipal code, uh, the mayor or any two council members can request that an item be brought forward for the city council's consideration. And so, this evening, we are proposing um a policy. When the city council um voted for the Smile Award back in 2021, it was uh through a minute motion, so it was less formal. And so, what we're proposing is it be a city council policy. And the goal was to clarify that it is uh meant to be unifying and not at all considered political. And so here are some of the the provisions that we are recommending be in the policy. Um that it not be uh awarded to uh existing or former elected officials or candidates for office or

other individuals or groups that would otherwise be considered political. Um, we also added a provision uh that the awardee we um does not need to be a resident of of San Marcos, just that their contributions would have benefited the San Marcos community. And then in terms of the process, uh we're recommending that the city council member who is honoring the individual um be the one to prepare a short write up and a photo and then city staff will take that and use it for the news release and the website and the other um promotional materials. And that concludes our short presentation.

Thank you so much uh Tina. Um, you know, I I actually really am glad that we're uh creating an actual policy on this because the smile award I think I think has gotten off track a little bit and that is because it should not be used for political p purposes. It should not be people that are running for office. It is not and and I like the the actual um criteria. This is this is really the unsung heroes of our community. And I think, you know, our our recipient this evening could not have been a a more ideal uh person to celebrate. someone that has never held office, someone that uh remains in the background, but does a lot of hard work for the community, bringing people together, um serving with no recognition actually needed or wanted, but it's a way for us to actually uh celebrate their um and and like Debbie Thompson this evening. Um but having that no one that's running it for office um no officers or employees of political parties you know the beautiful thing about our city and the reason that we get so much done as in our city is we stay on focus of serving our residents without politics of it. You know, a lot of people say to me, "Mayor, why why is it that uh San Marcos is doing so well um and and is so unified and people care for one another." And that is because it's not about party. It's not about politics. It's about the people and it always has been. And that is something, you know, that we've had from well before I got here 20 years ago. Well, I guess I'm I guess I'm kind of dating myself because I've actually known uh uh Debbie Thompson as long as I've actually been in the city um back in the city anyway. Um raising my kids. Um but I moved back in 2000 and I, you know, there are a lot of people that we have

to recognize that have done so many great things. um uh recognizing people that are running for office or in office or were in office. That's not what the the um the spirit of of the Smile Award is to me. And so I'm glad that we're actually talking about this in public and discussing what all of us want. So I'm just one um but I'd like to hear what the rest of us um really feel about this. Yes, Council Member Muskrev.

Thank you, Mayor. It's really interesting and and I agree this we have strayed and we need to get it back on track and I will cite three particular individuals who I think exemplify why we brought this forward. I'll start out with uh Rick Renitis who heads our chamber of commerce who spends incredible amount of time benefiting our business community which benefits our community at large. Star Rivera Lacy who we will be losing her she's a president of Palomar College. is going up to Riverside has done fantastic work facilitating educational programs and working with Cal State San Marcos to ease that transition for community college students to move on to a 4-year university. And an hour ago, 45 minutes ago, Debbie Thompson, she gives her life to this city and doesn't live in the city. So, this is a particular case where you can look at it and say, "This person doesn't live here, but has contributed greatly to our community." And I think that's a fantastic example. Thank you, Mayor.

Thank you, uh, Deputy Mayor. Yeah, I agree with both of you and I'm not going to repeat everything that you just said. And, um, for me, it's it's really simple. This this award is such a special part of our community and just a great way to recognize people that are deserving, but it never ever um was intended, at least my understanding, to recognize ourselves either currently or after we're out of office. I I just don't I don't agree with that. and I'm glad that we're taking uh some um specific action to to prevent that from happening again.

Right. Okay. Thanks. Yes, Council Member Leblain. So, I'm definitely generally in support of this policy because I agree with you. I think the Smile Award should be for stars in our community and not to recognize ourselves. But I'm going to pull a a lawyer here uh because of my background and I just think the wording is a little too vague. I think that the portion that says it's not intended to recognize is a little too vague. I'd like to see that tightened up because it still technically leaves the door open to nominate shall not recognize. Yes, I feel like it should be definitive and not vague. Okay, I'm I'm good with that. Um,

can I can I chime in on that? I I think if we close that door completely, we close it indefinitely. So we may have as an example uh Pia Harris she would have been precluded from this and she was certainly deserving of it. So I think if we just leave that there and we trust that we will do the right thing as we move forward I think that's a better way to resolve this and as written. Thank you.

I still think we should change the wording and make it more definitive. I like shall not but we could also maybe elaborate on it a little bit. Um, I don't know if we could say something about I don't know a time frame. I'm not sure how we would word that, but something so that it's not, you know, let's say somebody, you know, like PIO was great. Um, somebody goes on to do something, you know, becomes like president or something. I don't know. I mean, let's just set our sights high. But if something like that were to happen, we don't want to say, "Oh, well, we can't give them the smile award because we have this policy." So, I don't know if there's a way to elaborate on it. Put something else in there. I I I don't know. Honestly, I you know how much I love Pia Harris. However, I do I mean I I just feel like this is not what the spirit of the Smile Award is about. The Smile Award is to recognize folks that weren't in office because they're doing they're they're doing it for a reason of they just want to give back, you know, and I was an activist before I was on the city council. Like I wanted to give back. I w I I've been um involved with the Boys and Girls Club for a very long time, but I also don't feel that I want to be eligible for this. And so for that reason, I I don't know. Oh, I I like shall not recognize candidates for uh public office officers of employees and then make it that or the election or um appointment of public officials. I just feel like the spirit of it is our unsung heroes. The spirit of it is the spirit of service of our community. That is what

makes San Marcos San Marcos. And I feel like it would take us off. And no disrespect, uh, Council Member Musgrove, I just feel like I want to make it so that no elected official could get it. Yeah. Because that's not what it's for. And I I'd agree with that. This is a city council given award and we should not be giving it to ourselves. There's so many people

people that we worked for. Yeah. There's so many people in our community that that are worthy to be recognized and this is our way to say thank you and recognize them in public and just show that um that you know we're just so grateful for everything that they do for our community. It should have nothing ever to do with us because we're the ones giving the award and so even when we leave office we should still not not receive this this particular award, right? And so I I I do agree with um the shall not. Okay. shall not is that does that appease you, council member Leblang?

Yes, I like the shell not and I just wanted to add that I do think we want everyone in our community to feel like they have the opportunity to maybe be nominated for this award at some point. It's something to aspire to to know that we recognize you in the community for giving back and for wanting to be a positive light in our community. Okay. Council member Nunes, did you have any comments?

Yeah, thank you, Mayor. Um, I'm generally in support of the of the policy that's in front of us. I'm in support of the of the Smile Award. Um, I do think there's a lot of vagueness in the process and in the selection. Um, so considering the shell, um, for me doesn't take care of a lot of the vaguess, but in general, I'm in support of the of the policy. All right. So, um, did you want to let us know what you're that you find vague, so maybe we could clear it up?

For me, this is a great start. Ultimately, I think, um, as I understand, we're going to maintain this is our own individual nomination. It doesn't require, um, a vote. But I don't see any of that. So in terms of how we each individual come to a decision, uh that doesn't seem to be addressed here. So I'm generally in favor of what's in front of us. So So this is what's being proposed.

So So the action this evening is to consider adopting um a policy to clarify the smile award program. So are you um if we make a motion and we move forward it would be to consider um uh adopting this would you be do we need to clear anything up to make you more comfortable with it? For me actually the shell kind of creates a lot more procedural potential I think conflicts and uncertainty. Uh, so for me that doesn't address, but like I said, I'm I'm inclined to approve this as it stands.

Oh, okay. All right. I just wanted to make sure we couldn't do anything to maybe we could get you um to feel really comfortable with it, but I guess you're you're good with it. I would still approve. For me, it just creates more more of a potential procedural uh conflict, but Okay. All right. Well, I I'm I I would be inclined to vote for the language as it's proposed. Okay. All right. With the uh this word is shall not. This word shall not instead of um is not intended to with that. Um mayor, can I make a substitute motion then? She didn't make a motion yet. Oh, I thought she made the motion to adopt with the wording.

No, I I I did not. My my comment is that I'm inclined to to vote in favor of the language as it's as is. With that, the shell changes. For me, the shell creates potential problems for this body and for city staff. Okay. Um, council member, did you have a motion that we adopt the policy with the the change to reflect shall as opposed to the original verbiage? Well, it's actually I think shall Yeah. shall not. Correct. Yeah. Okay. So, with shall opposed to intended.

Okay. Yes. Perfect. Okay. So, shall not is the change. Um, and city staff and Mrs. Peak can make those uh changes. So, you have a motion. I'll second that. Uh, let's vote. Um, all in favor? I. Any nose? No.

I'm sorry. I'm sorry, council member. You took me by surprise. Didn't you just say that you're inclined to Sorry. I I was trying to figure out if we could have a unanimous vote. For me, the shock creates more potential conflicts. Okay. All right. I was confused. I'm sorry. I thought you said you were voting with us. Okay. All right. Uh that would be 4-1 uh would be the vote. So um moving on to oral communications, no more speakers. Um and then uh reports. Sand. Council member Musgrove, you attended in mystead.

Yes, mayor. Thank you. And time me, please. We discussed policy updates which you will be seeing at your next meeting. They cover compensation for virtual meetings and there was a a staff recommendation that those who attend virtually receive compensation. And there was quite a bit of push back on that. And it the essence of it was presented by one of our mayors who said if you can't get up to come to a meeting, you're not going to be compensated. So that you'll be revisiting that one. Well, okay. I I do have a question. Is that if you attend and you're sick because I'd prefer someone if they're sick, I'd prefer them not to come and cough on me.

So, okay, since you're asking, so then it said as long as you're otherwise in compliance with the legal requirements for the Brown Act, but then the question was brought up. So all I have to do is say I have a runny nose and I can stay home. So So this is why it needs to be addressed. Well, we should be adults, right? We should responsible adults. I guess

um we discussed the responsibilities of the several packs, the policy advisory committees of which I chair one that they want regular reports back to the board. So that'll be something you'll revisit. Sponsored events and they they specifically use the bike anywhere but not that there's an issue with that. But they want to make sure that we are being very and I say we Sande are being very judicious in which events they sponsor because we're using public funds and where we put our branding. So that's I think a great idea. And then to ensure that we do not fall out of compliance for potential FRA, Federal Rail Authority grants and other funds that might come in. Being very cognizant of the wording in all of our documentation so that we do not run a foul of the current administration and they use the example of DEI in some of our documentation. So that will have to be reviewed and amended as necessary.

I think our director of internal controls would be um probably on that. They are in fact. Thank you. Okay, perfect. And then the roles of council general and board and they also to allow the CEO to settle claims up to $50,000.

And then the update to the debt policy and the toll policy such as naming. So right now we refer to the state route 125 as a South Bay expressway. Just it's a toll road. They just want to call it a toll road which is what it is. and the and I use the word infamous my wording the infamous uh back office system project for the toll roads are in the fiscal year 26 budgets that's three years now we'll be dealing with that cost some jobs cost a lot of money let's see um so this goes into other issues now uh the I-15 SR78 and I only I'm bringing two issues up because it affects all of us here the I-15 SR78 HO connector and if you don't know that there is a plan to put in a flyover express lane from Barhamm all the way to Interstate 15 and then reverse so you can avoid that whole log jam right there. Let's see. The design phase is in the 20 FY26 budget. However, the 60 to 70 million are not yet identified or appropriated, but what is currently in the FY26 budget are the estimated 38 to $43 million for the environmental studies. And it's anticipated that in the FY27 budget will contain the line item to start the construction phase for the Barum SR78 HOV interchange and I asked this question for clarification and it went to Antwanette who then checked with CALR so they wrote back to me an email that the realignment of Barham and I know mayor you're well aware of that the realignment of Barham to and if if you would please when I'm finished express the details to the to the community the realignment of Barham to a more conventional interchange with the SR78 is part of the project but not part of phase one because it involves rights of way of property acquisitions which is a nice way to put what they're really going to do. they need to be hammered out before the surface street alignments take place. And that is the end of my report.

And the widening of the bridge um because that's actually the biggest part of it. And as you go under Woodland, there's a problem there. Obviously, we all know um that's actually why it doesn't flow very well over there. Um so, and we were the only city that was actually collecting money um for the 78, for the improvements, for that um BAM interchange. Um, so I'm not sure where we're at financially on that. Um, I haven't gotten an update on that recently. Um, and maybe I'm actually going to have a meeting with Mario on Wednesday, Mario Orso, our new director. Um, I will, uh, bring that up to him because, um, yeah, it's needs to happen. Thank you, mayor.

Okay. Thank you. Uh, moving on to League of Sorry, I then I remembered, wait, we don't have League of California City, so I'm skipping that one. Well, actually, mayor, just to clarify, at the last uh council meeting, I said we would be meeting in November and then realized we do not have a November meeting. So, we will meet in December. Is that December? Yes. Okay. I I saw that and I was like, "Oh, shoot. Wait, I remember you telling me." Okay. So, North County Transit District, Deputy Mayor. Yes, we meet next week. Next week. Okay. Uh North County Dispatch, we meet in December. December. Uh Clean Energy Alliance, Council Member Nunees.

Uh thank you, Mayor. Uh we did meet this past um October 30th. Um it was um a pretty tough meeting. Um we began discussions about our projections uh for the um projected rates and the forecast so far looks pretty grim for our residents. Uh so I think we're going to have some tough discussions. It's still preliminary. Uh we're waiting for the CPU uh to make some decisions. Uh we should be seeing some updates hopefully with before the end of the year. Um so I'm thinking once we have a better idea of what the projected numbers will look like. Um I'm hoping that our CA from the clean energy of alliance Greg Wade will come and do an update uh for the entire council and for the residents. Um, so I'll certainly work with staff to to make sure we coordinate that. Um, we are meeting uh this coming um at the end of November, November the 20th, and then we'll be dark in December for the year. Okay. Um, I do want to announce that we do have um an application period that's open for our citizens advisory representatives. We have two individuals that currently serve and so their um term ends at the end of the year. So we are accepting applications for any of our residents who are interested in serving in an advisory capacity.

Same as our city commissions. Yes. Yes. Okay. We redclared the vacancies earlier in our consent calendar. Okay. All right. Thank you, council member. Um moving on to city council business visits. I see the picture here of Council Member Leblang and uh Council Member Musgrove in the rocks. You got a lot of rocks out there in Twin Oaks Valley at KRC. Lots of rocks. Lots of rocks. Lots of rocks. Yes. Giant rocks everywhere. 1984.

So they have been around since 1984 and they provide hardcape uh to residents. uh they deal with a lot of uh contractors. They source from around the world. They are open to the public. They wanted to make sure that everybody knows that because you can walk in, see their beautiful rocks. They have some amazing fire pits. They do pool tiling. They do a little bit of everything. Basically, anything you need for your yard, they will have. They do uh turf and they do a lot of commercial projects, but they also do residential as well. So, they're basically your one-stop shop for all of your hardscape and artificial turf needs. And just really great people. They have um I think it was six employees that have been with them for over 30 years. Uh they are looking to grow a little bit and they have a great space out off of Twin Oaks Valley Road, but they you know they're always looking for more space because they are growing. They're thriving. Council member Musgrove, do you want to add anything?

You took just about all of it there. Sorry. That's a great job though. Better than I would have done. I would just add that they have an operation in Elcohone and in Powe. Is that correct?

Yes. Um, so with respect to looking for more room, it's not to leave San Marcos that they're committed to staying here. Correct. They would just like a little more uh area and they are very when I use don't want to use the word sensitive. They're very sensitive to the fact that the neighbors will hear noise all the time. Some of them are commercial, but just to the south you'll hear it's residential, so they will hear the the multi-tonon rocks sometimes being moved around. We watched um a loader moving some rocks around to get the right size to put into a truck and they do a very good job of not dropping things. They set them down as quietly as possible. Um they're very very considerate of their neighbors and they when they do have a big project they will let all the neighbors know what's going on because they have been there for quite a while. They want to stay there. Uh Tim Jolls is the is the owner. He bought the business quite a few years ago and it was it was really interesting to walk in there. I've been in there before. Um, and just to reiterate that while it looks like it's an industrial operation, they have a showroom. We were there. They were laying out uh tiles so that if you were going to put some uh stonework in your yard for a foot path, they had that all set up. They have a really nice artificial little fountain with a creek in it so that you can get an idea. And they have planners there that will come out to your property and help you out. And again, they they source stone work from all around the world. bring it in. Very nice. They do not go to construction sites and buy product from them. They buy quality granite primarily for a lot of their work. Very nice.

Yeah, they had a really caring sales team. Tim was really amazing. He was he's really engaged with the community and really passionate about what he does. And just the one thing they do not do is installation. They do not install. So, you just have to make sure you cover that side of it. And they basically have everything else you need. I have some rock in my backyard that my landscapers went and got. So when I was having Yes, of course. They're like, "Well, um, we'll actually save a little bit of time because we're going to get the rock right at KRC." I have very low maintenance backyard. I have only hardscape grass, fake grass, and river rock. That's it.

That's the way to go. Plants, but nothing major. I do not have a green thumb. So, that's that's kind of how my yard looks, too. Lots of succulents and lots of hardscape. Yep. Anyway, they do a great job. Yes, they really do. It's incredible.

Okay. Um, council commentary tomorrow, Veterans Day, be at Helenburgger Park, if you'd like to celebrate our uh veterans. Uh, that is right there at the corner of Rock Springs and um Woodland. It's a little park. It's beautiful. Um, it's uh starts at 11:00. Uh, but folks need to be there a little bit early. There's not a heck of a lot of parking, so we generally park across the way at the um at the church. Uh, plenty of parking over there, and they're so gracious. They open up the parking lot for us. Um, so anyway, and the Rapids will start right at 11:00, mayor. So, yes, you said Rock Springs.

Did I Did I say Rock? Did I say Rock Springs? On the other side, it's Rock Springs. Yeah. Sorry. Um, okay. Any other discussion? A look at that. Thank Thank you, mayor. Letters for us.

On Friday, I was invited uh to High-Tech Middle um to u be a guest speaker for Miss Wagner's seventh grade class, periods one and two. So, I spent two hours with them and these students were just phenomenal and they asked so many questions and they were so curious about local government and the future of San Marcos and where we're going and they asked great questions even about building amusement parks in in the city, which of course we're not going to do, but um it would be nice, but we're kind of, you know, don't break their hearts. I know we don't have we don't have the land, but um but it was really great and um they wrote all of us letters and I told them that I would bring these tonight and I would give them to everybody. So Ed, here's your package of letters.

That's my favorite. Here's a package for Councilwoman Nunes. Nunes. Yes. How sweet is that? And a package for Councilwoman Leblang. Councilwoman Leblang. And a package for Mayor Rebecca. Yes. So, thank you. It was a lot of It was a lot of fun. Love that. Well, we're gonna have to read these. So, I actually love to keep these. So, when I'm feeling like someone's angry, I go to one of these. They always make me feel better. All right. Uh, with that, um, any other commentary? Nope. Uh, this meeting is adjourned. Thank you.

I see a lot of stuff about ebikes. It was great timing, right? Yes.