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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
DECEMBER 11, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:01 p.m.
2. ROLL CALL
Present: Mayor Bruce Ehlers, Deputy Mayor Joy Lyndes, Council Members Jim O’Hara and Luke Shaffer
There is one vacancy on the City Council – District 4.
Absent: None.
Also present: Acting City Manager Campbell, City Attorney Preziosi, Director of Engineering Bankston, Assistant Director of Development Services Colamussi, Principal Engineer Cabrera, Associate Planner Carr, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of the Encinitas Historical Society’s Archiving Program by Hillel Schwartz, Archivist.
Hillel Schwartz, Archivist for the Encinitas Historical Society provided an overview of their archiving program and responded to questions from the Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Stephen Lord and Glen Johnson congratulated the new City Council.
Emily Kessler spoke regarding RFQ-24-03.
Jarrod Panza spoke regarding Sun Vista Park.
Kelly McCormick spoke regarding pediatric THC poisoning.
Natalie Settoon spoke regarding the Santa Fe Corridor.
Kristine Schindler spoke regarding various topics.
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Ellen Burr spoke regarding policy and operations.
Parker Cohn spoke regarding prioritization of a green parks initiative.
Scott Campbell spoke regarding City Council Policy C003.
Philip Koekemoer spoke regarding a residential height ordinance.
Maria Ardantz spoke regarding various topics.
Mark Miville spoke regarding various topics.
Carol Wood spoke regarding traffic calming measures.
Rachel Graves spoke regarding the Municipal Code related to campaign contributions.
Sheila Cameron spoke regarding an orientation program for new City staff.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
7. CHANGES TO THE AGENDA
Mayor Ehlers announced that item 10E would be heard out of order after item 10B.
8. CONSENT CALENDAR
City Clerk Hollywood announced that items 8C and 8H were removed from the Consent Calendar by members of the public, item 8E was removed by Deputy Mayor Lyndes, and item 8I was removed by Mayor Ehlers.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to close and adopt the Consent Calendar with the exception of items 8C, 8E, 8H, and 8I. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None.
Absent: None. Abstain: None.
8A. Approval to waive the full reading of the text of all ordinances and resolutions introduced/adopted at this meeting. Ordinances and resolutions shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
8B. Approval of the Minutes of the November 13, 2024, Regular Meeting; Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
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November 19, 2024, Special Closed Session Meeting; November 19, 2024, Special Meeting; November 20, 2024, Special-Closed Session Meeting; November 20, 2024, Special Meeting; and November 20, 2024, Regular Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8D. Consideration of Proposed Changes to the 2025 calendar year City Council Meeting Schedule. Contact Person: City Clerk Hollywood Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Approve the proposed changes to the 2025 calendar year City Council Meeting Schedule and adopt City Council Resolution 2024-115, titled “A Resolution of the City Council of the City of Encinitas, California, Approving Changes to the Calendar Year 2025 City Council Meeting Schedule.”
8F. Consideration of a 15-year lease agreement for the use of Encinitas coastal beaches within the California State Lands Commission jurisdiction, in conjunction with the City’s Opportunistic Beach Fill Program (OBFP) and Sand Compatibility and Opportunistic Use Program (SCOUP). Contact Person: Coastal Zone Program Administrator Mierau
Environmental Considerations: The recommended action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of the CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
The current Mitigated Negative Declaration (MND) prepared and adopted for the OBFP included the Cities of Encinitas, Solana Beach, Coronado, and Imperial Beach in April 2008 (SCH No. 2008021048), and the City adopted a Final Mitigated Negative Declaration to amend the City of Encinitas OBFP in February 2014 (SCH No. 2013111057). There are no changes proposed for the current program at this time, aside from extending the existing permits, including the lease permit through the California State Lands Commission
Recommended Action: Adopt Resolution No. 2024-128 titled, “A Resolution of the City Council of the City of Encinitas, California, to Authorize the City Manager, or Their Designee, to Execute a 15-Year Lease Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
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Agreement with the California State Lands Commission to Allow Continued Sand Nourishment Along the Encinitas Coast, Consistent with the Locations Set Through the Encinitas Opportunistic Beach Fill Program (OBFP) and Sand Compatibility and Opportunistic Use Program (SCOUP)” authorizing the City Manager, or their designee, in coordination with the City Attorney, to execute a 15-year lease agreement with the California State Lands Commission to allow continued sand nourishment along the Encinitas coast, consistent with the locations set through the Opportunistic Beach Fill Program (OBFP) and Sand Compatibility and Opportunistic Use Program (SCOUP).
8G. Amendment No. 2 to Agreement for Professional Consultant Services between the City of Encinitas (“City”) and Interwest Consulting Group, Inc. (“Interwest”) to add $120,000 for additional support with as-needed civil engineering services for private land development projects. Contact Person: Principal Engineer Cabrera
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not a “project” under Section 15378(b)(5) of CEQA Guidelines. The actions involve organizational or administrative activities of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 2 to the Agreement with Interwest in substantial form, to add $120,000 of capacity to the professional consultant contract, for a new not-to-exceed amount of $415,000; and 2) Adopt City Council Resolution No. 2024-131, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget” to appropriate $120,000 to the Land Development Division Professional Services Budget.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8C. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
SPEAKER:
Mark Miville spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to approve the warrants. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None.
Absent: None. Abstain: None.
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8E. Professional Consultant Services Agreement between the City of Encinitas and Ascent Environmental, Inc. (“Ascent”) to provide a focused amendment to the Resource Management Element of the General Plan pursuant to Senate Bill (“SB”) 1425 and Assembly Bill (“AB”) 1889. Contact Person:
Senior Mobility Planner Jedynak
Environmental Considerations: The action before the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the action is not a “project” pursuant to Section 15378(b)(5). The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. Environmental review would be determined and conducted prior to the adoption of any resulting General Plan amendment.
Recommended Action: Authorize the City Manager, in coordination with the City Attorney, to execute a Professional Consultant Services Agreement, in substantial form, for a focused amendment to the Resource Management Element with Ascent, in an amount not-to-exceed $470,687.
Deputy Mayor Lyndes announced that she had pulled item 8E from the Consent Calendar to daylight the importance of the contract associated with the Resource Management Element of the General Plan.
Senior Mobility Planner Jedynak presented the staff report.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to authorize the City Manager, in coordination with the City Attorney, to execute a Professional Consultant Services Agreement, in substantial form, for a focused amendment to the Resources Management Element with Ascent, in an amount not-to-exceed $470,687. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None. Abstain:
None.
8H. Summary (street) vacation of 10-foot portion of unused road right of way on the southwest corner of Assessor Parcel Number (APN): 260-30-11-00 adjacent to MacKinnon Avenue for a length of 40 feet. Contact Person:
Principal Engineer Cabrera
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
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Recommended Action: Adopt City Council Resolution No. 2024-98, titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of a 10 Foot Public Road Right-of-Way Between Lot A In Block 3 and Lot M in Block 2 of Map No. 1680 on Windsor Road at Mackinnon Avenue” approving the summary vacation of 10-foot of unused road right-of-way granted to the County of San Diego and assumed by the City of Encinitas upon incorporation for that portion of public right-of- way in between Lot A in Block 3, and Lot M in Block 2 of Map No. 1680 on Windsor Road at MacKinnon Avenue. (CASE NO. SUB-007085; APN: 260- 305-11)”
SPEAKER:
Pat Wright and Dolores Welty spoke regarding this item.
COUNCIL ACTION:
Lyndes moved, O’Hara seconded to adopt City Council Resolution No. 2024-98, titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of a 10 Foot Public Road Right-of-Way Between Lot A In Block 3 and Lot M in Block 2 of Map No. 1680 on Windsor Road at Mackinnon Avenue” approving the summary vacation of 10-foot of unused road right-of-way granted to the County of San Diego and assumed by the City of Encinitas upon incorporation for that portion of public right-of-way in between Lot A in Block 3, and Lot M in Block 2 of Map No. 1680 on Windsor Road at MacKinnon Avenue. (CASE NO. SUB-007085; APN: 260-305-11)” 8I. Belmont Village/Greystar open space conservation easement. Contact Person: Planning Manager Innes
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Authorize a private property owner to grant an open space conservation easement in favor of the Nature Collective with the power of enforcement by the City of Encinitas and the State Attorney General.
Mayor Ehlers announced that he had pulled this item from the Consent Calendar requesting an abbreviated staff report.
Assistant Director of Development Services Colamussi presented the staff report and responded to questions from the Council.
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SPEAKER:
Bradley Nussbaum spoke in support of the recommended action.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to authorize a private property owner to grant an open space conservation easement in favor of the Nature Collective with the power of enforcement by the City of Encinitas and the State Attorney General. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None. Abstain: None.
10. ACTION ITEMS To speak on action items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.
10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL- 007691-2024) of the Planning Commission’s approval of a density bonus and design review permit authorizing the construction of an 87-unit apartment project (Camino Apartments) and associated improvements on a 1.93 gross acre site. The project is located on the east side of El Camino Real and north of Garden View Road. Contact Person: Senior Planner Danna
This agenda item has been removed from the agenda and will be rescheduled and renoticed for the regular meeting of January 15, 2025.
It only appears on the agenda because it was legally noticed. 10B. Public hearing to consider a timely-filed appeal (Case No. APPEAL- 007676-2024) of the Planning Commission’s approval of a density bonus, tentative map, design review permit, and coastal development permit authorizing a 17-lot density bonus subdivision with associated site, grading, and public improvements, located on Bella Vista Drive (APN: 216-122-17).).
Contact Person: Assistant Director of Development Services Colamussi Environmental Considerations: Pursuant to the California Environmental Quality Act (CEQA), an Environmental Initial Study (IS) was conducted which determined that the proposed project may have significant environmental effects related to aesthetics, biological resources, cultural resources, geology (paleontological resources), and tribal cultural resources. The project, with incorporation of the specific mitigation measures set forth in the approval, avoid or mitigate the potential significant environmental impacts to a less than significant level. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the proposed project and adopted by the Planning Commission.
Recommended Action: Deny the appeal and adopt the attached draft City Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
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Council Resolution No. 2024-129 titled “A Resolution of the City Council of the City of Encinitas, California Denying the Appeal Filed by United Citizens for Responsible Development of Bella Vista and Affirming the Planning Commission’s Decision Approving a Density Bonus, Tentative Map, Design Review Permit, and Coastal Development Permit Authorizing the Subdivision of One (1) Existing Lot Into 17 Residential Lots (15 Market Rate and Two “Very-Low” Affordable Lots) and One (1) Private Street Lot Utilizing the State Density Bonus Law; Construction of One (1) Private Cul-De-Sac Road (Lot A), Grading to Exceed Four (4) Feet of Fill and Eight (8) Feet of Cut, and Landscape, Utility, Stormwater Drainage, and Site/Public Improvements; Encroachment Into Steep Slopes; and Use of a Construction Trailer, for Property Located on Bella Vista Drive (APN: 216- 122-17) (CASE NOS. APPEAL-007676-2024, MULTI-005107-2022, SUB- 005109-2022, DR-005108-2022, CDPNF-005602-2022; APN: 216-122- 17)” affirming the Planning Commission’s decision to adopt Resolution No. 2024-31 approving the density bonus, tentative map, design review permit, and coastal development permit (Case Nos. MULTI-005107-2022, SUB- 005109-2022, DR-005108-2022, CDPNF-005602-2022) with conditions.
City Clerk Hollywood announced the appeal procedures.
Assistant Director of Development Services Colamussi presented the staff report and responded to preliminary questions from the Council.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Shaffer disclosed that he met with a realtor and representatives of the appellant.
Council Member O’Hara disclosed that he had spoken with Scott Maloni.
Deputy Mayor Lyndes had no disclosures.
Mayor Ehlers disclosed that he had spoken with Scott Maloni and discussed Density Bonus Law.
Mayor Ehlers opened the public hearing at 7:39 p.m.
Scott Maloni, and Peter Martensen representing the appellant, United Citizens for the Responsible Development of Bella Vista presented their appeal.
Erin McKinely, representing the applicant, Future West Land Company, LLC presented the project.
SPEAKERS:
Carl Schneider, Dolores Welty, Andy Laats, Daniel Roberts, and John Braman spoke in opposition to the recommended action.
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Marco Gonzalez, Kyle Murphy, and Kevin Doyle spoke regarding this item.
Erin McKinley, representing the applicant, Future West Land Company, LLC presented their rebuttal.
Scott Maloni, and Peter Martensen representing the appellant, United Citizens for the Responsible Development of Bella Vista presented their rebuttal.
Mayor Ehlers called the meeting into recess at 8:28 p.m., and reconvened the meeting at 8:42 p.m. All members of the City Council were present.
City Attorney Preziosi provided clarification on the actions the City Council could take on this item.
Assistant Director of Development Services Colamussi responded to questions from the Council.
Erin Mckinley, representing the applicant, Future West Land Company, LLC responded to questions from the Council.
Mayor Ehlers closed the public hearing at 9:18 p.m.
COUNCIL ACTION:
Lyndes moved, O’Hara seconded to deny the appeal and adopt the attached draft City Council Resolution No. 2024-129 titled “A Resolution of the City Council of the City of Encinitas, California Denying the Appeal Filed by United Citizens for Responsible Development of Bella Vista and Affirming the Planning Commission’s Decision Approving a Density Bonus, Tentative Map, Design Review Permit, and Coastal Development Permit Authorizing the Subdivision of One (1) Existing Lot Into 17 Residential Lots (15 Market Rate and Two “Very-Low” Affordable Lots) and One (1) Private Street Lot Utilizing the State Density Bonus Law; Construction of One (1) Private Cul-De-Sac Road (Lot A), Grading to Exceed Four (4) Feet of Fill and Eight (8) Feet of Cut, and Landscape, Utility, Stormwater Drainage, and Site/Public Improvements; Encroachment Into Steep Slopes; and Use of a Construction Trailer, for Property Located on Bella Vista Drive (APN: 216-122-17) (CASE NOS. APPEAL-007676-2024, MULTI-005107- 2022, SUB-005109-2022, DR-005108-2022, CDPNF-005602-2022; APN:
216-122-17)” affirming the Planning Commission’s decision to adopt Resolution No. 2024-31 approving the density bonus, tentative map, design review permit, and coastal development permit (Case Nos.
MULTI-005107-2022, SUB-005109-2022, DR-005108-2022, CDPNF- 005602-2022) with conditions. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None. Abstain: None.
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10E. SANDAG Update on the Batiquitos Lagoon Double Tracking Project, and Requests related to City-Owned Parcels at La Costa Avenue and N. Coast Highway 101. Contact Person: Director of Engineering Bankston Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
SANDAG has filed a Notice of Exemption for the BLDT project, State Clearing House Number 2024061076.
Recommended Action: 1) Receive Update from SANDAG on the Batiquitos Lagoon Double Tracking Project (BLDT); 2) Authorize SANDAG access to the BLDT project site on North County Transit District (NCTD) parcels through City-owned Parcels at La Costa Avenue and N. Coast Highway 101, which would eliminate the need for a large retaining wall and allow for revegetation of NCTD land adjacent to the City’s parcels; 3) Approve SANDAG’s offer to complete site improvements as mitigation for community impacts and authorize staff to negotiate an MOU reflecting this agreement; and 4) Consider SANDAG’s request for non-standard construction hours.
Director of Engineering Bankston, and David Cortez, Director of Planning and Engineering for SANDAG presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, O’Hara seconded to continue the meeting past 10:00 p.m. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None.
Abstain: None.
SPEAKERS:
Ellen Burr, Marco Gonzalez, Kevin Doyle, and David Hill spoke in opposition to the recommended action.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to: 1) deny SANDAG access to the BLDT project site on North County Transit District (NCTD) parcels through City-owned Parcels at La Costa Avenue and N. Coast Highway 101, which would eliminate the need for a large retaining wall and allow for revegetation of NCTD land adjacent to the City’s parcels; 2) deny SANDAG’s offer to complete site improvements as mitigation for community impacts and authorize staff to negotiate an MOU reflecting this agreement; and 3) approve SANDAG’s request for non-standard construction hours as follows: Monday through Friday from 6:30 a.m.
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to 6:00 p.m., and on Saturdays from 7:30 a.m. to 5:30 p.m. and authorizing staff to negotiate hours for the month of September Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays:
None. Absent: None. Abstain: None.
10C. Discussion and action regarding options for filling the District 4 Council seat left vacant by Bruce Ehlers being elected Mayor. Contact Person: City Clerk Hollywood
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: City Council discuss and provide direction to staff regarding filling the District 4 City Council vacancy.
City Clerk Hollywood presented the staff report and responded to questions from the Council.
SPEAKERS:
Marco Gonzalez, Brian Stone, Rachel Graves, Sheila Cameron, Suzanne Stone, and Dennis Kaden spoke regarding this item.
COUNCIL ACTION:
Ehlers moved, Shaffer seconded to approve filling the District 4 vacancy by appointment and to approve the draft application and timeline. Motion Carried. Ayes: Ehlers, O’Hara, and Shaffer. Nays:
Lyndes. Absent: None. Abstain: None.
10D. Discussion and possible appointments of Encinitas City Council Members to Regional Boards and Committees, and consideration and possible action regarding existing Standing Subcommittee and Active Ad Hoc Subcommittee appointments. Contact Person: Executive Assistant to Mayor and City Council Blease
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) City Council to make recommendations and approve final appointments of Representative and Alternate to the North County Transit District (NCTD) 2025 Board of Directors; 2) City Council to Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
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make recommendations and approve final appointments of Representative, Alternate, and Second Alternate to the San Diego Association of Governments (SANDAG) 2025 Board of Directors; 3) Mayor to make recommendations and City Council to approve all other 2025 regional board and committee appointments; and 4) City Council to consider and possibly take action regarding appointments to standing subcommittee and active ad hoc subcommittee appointments.
Acting City Manager Campbell presented the staff report.
SPEAKERS:
Natalie Settoon and Sheila Cameron spoke regarding this item.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to appoint Council Member O’Hara as the NCTD representative and Mayor Ehlers as the alternate. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None.
Absent: None. Abstain: None.
COUNCIL ACTION:
Ehlers moved, Shaffer seconded to appoint Mayor Ehlers as the SANDAG representative, Council Member Shaffer as the alternate SANDAG representative, and Deputy Mayor Lyndes as the second alternate SANDAG representative. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None. Abstain:
None.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to approve the Mayor’s
recommendations for the remaining Regional Boards and
Committees, existing Standing Subcommittees, and active Ad Hoc Subcommittees. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Deputy Mayor Lyndes reported on attending a San Diego County Water Authority Meeting and a Metropolitan Water District meeting.
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Mayor Ehlers reported on an Encina Wastewater Authority Meeting.
14. CITY MANAGER REPORTS
Acting City Manager Campbell thanked all of the elected officials, commissioners, clubs, organizations, and residents for their efforts at the Encinitas Holiday Parade.
Acting City Manager Campbell also reported on AB 413 and stated there would be new information available soon on the City’s website.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported on public comments regarding Encinitas campaign contribution regulations found in Chapter 2.16 of the Encinitas Municipal Code.
Encinitas Municipal Code generally prohibits campaign contributions in excess of $250. Encinitas Municipal Code was last updated in 2001, shortly after 2001 there was a 9th Circuit Court of opinion that struck down a similar campaign Ordinance by the City of San Diego. Since that time there have been successive 9th Circuit opinions and a Supreme Court opinion that reiterates political campaign contributions are entitled to first amendment protections. In essence as germane to the issue here, the Supreme Court and 9th Circuit have ruled that independent expenditures that are made to support, or oppose a candidate, or an issue, such as a ballot initiative those are not subject to campaign contribution limits. Upon receiving the filing indicating there was a contribution in excess of $250 for Encinitas United in Support of Tony Kranz for Mayor 2024, the City Clerk sent a notice of violation indicating the contribution had to be returned, or other corrective actions taken. Encinitas United in Support of Tony Kranz for Mayor 2024 subsequently filed amended paperwork indicating that they were an independent expenditure committee and no campaign funds were donated to or controlled by Mayor Kranz himself. The City Attorney’s Office and City Clerk’s Office consulted with outside legal counsel and it was determined that interpreting Encinitas Municipal Code in such a way to prohibit independent expenditures in excess of $250 would likely run a foul of the 9th Circuit and the United States Constitution.
To that end, a notice was issued following the determination by the City Clerk’s office, the Clerk’s office accepted the amendments to their campaign statements.
Moving forward the Attorney’s office along with the City Clerk’s office plans to bring in January, or February to seek permission to amend Encinitas Municipal Code section 2.16 to clarify the issues when campaign contribution limits apply and don’t apply
City Clerk Hollywood reported that based on Council action tonight applications will be posted for the District 4 vacancy. In addition, applications are available online for City Council posted vacancies for Mobility Traffic and Safety Commission, and two unscheduled vacancies on the Public Health and Safety Commission.
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16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 12:09 a.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Pete Weichers, Deputy
City Clerk
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