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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
DECEMBER 18, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:00 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, Principal Engineer Widelski, 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
There were no Special Presentations or Proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Leo Gonzalez spoke regarding homelessness.
James Morton spoke regarding school shooting data.
Dave Dean spoke regarding sidewalks on Second Street.
Treena Priest spoke regarding cannabis businesses in the City.
Ellen Burr spoke regarding various topics.
Natalie Settoon spoke regarding quality assurance.
Jeryl Anne Kessler spoke regarding the Staver project on Melba road.
Kristine Schindler spoke regarding various topics.
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Peggy Walker spoke regarding second-hand exposure to tobacco and marijuana smoke.
Mark Miville spoke regarding various topics.
Lisa Provenzano spoke regarding housing developments in Encinitas.
Jennifer Hewitson spoke regarding Density Bonus Laws.
Sheila Cameron spoke regarding asbestos.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 3:30 p.m. to discuss five matters on the Closed Session Agenda.
As to the first two cases under the Closed Session Agenda, Obayashi v. City of Encinitas and Hart v. City of Encinitas no reportable actions were taken. In relation to Closed Session Item #3, Rosenstein v. City of Encinitas, and Closed Session Item #4-1 State of CA, et al v. City of Encinitas, the City Council on a 4-0 vote motion made by Deputy Mayor Lyndes and seconded by Mayor Ehlers to authorize settlement of the claim, they also authorized the acceptance of defense and indemnity to the State of California in the case of Rosenstein, et al v. City of Encinitas, et al. In regard to Closed Session Item #4-2 – Easement Access, no reportable action was taken.
7. CHANGES TO THE AGENDA
Mayor Ehlers announced that Item 12A would be heard out of order after item 10A.
8. CONSENT CALENDAR
City Clerk Hollywood announced that items 8D and 8I were removed from the Consent Calendar by members of the public.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to close and adopt the Consent Calendar with the exception of items 8D 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.
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8B. Approval of the Minutes of the December 4, 2024, Special Meeting. Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
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.
8E. Summary vacation of the 10-foot Irrevocable Offer of Dedication (IOD) granted to the County of San Diego over portions of Lot 5 and Lot 6 of Block 103 of Map 1547, along Sheffield Ave., Oxford Ave., and Bristol Ave.
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.
Recommended Action: Adopt City Council Resolution No. 2024-86 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of a 10-Foot Irrevocable Offer of Dedication (IOD) for Public Right-of-Way Over Portions of Lot 5 and Lot 6 of Block 103 of Map 1547, Along Sheffield Ave., Oxford Ave., and Bristol Ave.” CASE NO. SUB-005898-2023; APN: 260-282-25
8F. Increase the construction contract not-to-exceed amount of the Quality Construction and Engineering, Inc. contract for the Wales Drive - Crest Drive Emergency Access Gate Project (CS23E) by $27,000 plus 20 percent contingency of $5,400 for a total of $32,400, from $90,014 to $122,414 and increase the total CS23E project budget by $47,400 from $109,507 to $156,907. Contact Person: Engineer I Esteller
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is defined as an Emergency Project under Section 15269 of CEQA Guidelines. The project involves emergency repairs to publicly owned services facilities necessary to maintain service essential to the public health, safety or welfare.
Recommended Action: 1) Increase the contract not-to-exceed amount of $90,014 for the Quality Construction & Engineering, Inc. contract by Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
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$27,000 plus 20 percent contingency of $5,400 for a total of $32,400 for a new not-to-exceed construction contract amount of $122,414 for the Wales Drive – Crest Drive Emergency Access Gate Project (CS23E); and 2) Adopt City Council Resolution No. 2024-134, titled, “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2024-2025 Budget” to appropriate $47,400 to the Wales Drive – Crest Drive Emergency Access Gate Project (CS23E).
8G. Amendment No. 3 to the Professional Services Agreement (PSA) with Dudek to provide engineering and environmental consulting services for the Annual Sewer Rehabilitation Program (CC04E and CE04H). Contact Person: Senior Engineer Nutter
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 the City Manager, or designee, in consultation with the City Attorney, to execute Amendment No. 3 to the agreement with Dudek for professional services, in substantial form as contained in Attachment 1, to extend the term of the agreement two (2) years to December 31, 2026.
8H. Approval of Three (3) As-Needed Project Management Service Agreements. Contact Person: Principal Engineer Widelski
Environmental Considerations: The recommended action is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” per Sections 15060(c)(3) and 15378(b)(5) of the CEQA Guidelines.
The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager in consultation with the City Attorney, to execute professional services agreements in substantial form, and any necessary time extensions, with Project Partners, Villa Civil, and EXP US Services Inc. Each contract will be for a total not- to-exceed amount of $250,000 for As-Needed Project Management Services, providing a total contract capacity of $750,000.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Approval of street list and authorization to advertise the FY 2024-25 Pavement Rehabilitation Project (CS25A). Contact Person: Engineer I Suleiman
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Environmental Considerations: The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing use. Maintenance and repair are proposed on existing public streets but do not create additional automobile lanes. The proposed project meets the criteria for this exemption.
Recommended Action: 1) Approve the street list for the FY 2024-25 Pavement Rehabilitation Project (CS25A); 2) Approve plans for the restriping of Birmingham Drive, Leucadia Boulevard, and Mountain Vista Drive; 3) Adopt City Council Resolution No. 2024-101 titled, “A Resolution of the City Council of the City of Encinitas, California Approving the Design and Plans for Restriping of Birmingham Drive, Leucadia Boulevard, and Mountain Vista Drive, Pursuant to Government Code Section 830.6”; and 4) Authorize advertisement of the FY 2024-25 Pavement Rehabilitation Project (CS25A).
SPEAKER:
Sheila Cameron spoke regarding this item.
Engineer I Suleiman presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Ehlers moved, O’Hara seconded to: 1) approve the street list for the FY 2024-25 Pavement Rehabilitation Project (CS25A); 2) approve plans for the restriping of Birmingham Drive, Leucadia Boulevard, and Mountain Vista Drive; 3) adopt City Council Resolution No. 2024-101 titled, “A Resolution of the City Council of the City of Encinitas, California Approving the Design and Plans for Restriping of Birmingham Drive, Leucadia Boulevard, and Mountain Vista Drive, Pursuant to Government Code Section 830.6”; and 4) Authorize advertisement of the FY 2024-25 Pavement Rehabilitation Project (CS25A). Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer.
Nays: None. Absent: None. Abstain: None.
8I. Authorization to execute a Memorandum of Understanding (MOU) for technical assistance and appropriate multiple funding sources from grants and previous contributions to fund a Microtransit Study for the City of Encinitas (“City”). Contact Person: Mobility Manager Buck 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: 1) Authorize the City Manager, or designee, in coordination with the City Attorney, to execute a Cooperative Research and Development Agreement (CRADA) between the City of Encinitas and the Alliance for Sustainable Energy, LLC. In substantial form, to prepare the Encinitas Microtransit Study; 2) Adopt Resolution No. 2024-135, titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget,” and appropriate awarded San Diego Community Power grant funds and Fox Point Farms Contribution to Microtransit Program Study Project WC23C; and 3) Authorize the City Manager, or designee, in coordination with the City Attorney, to execute San Diego Community Power Grant Agreement and Conditions between the City of Encinitas and the University of San Diego in substantial form.
SPEAKER:
Ron Medak spoke in opposition to the recommended action.
Mobility Manager Buck and Climate Action Administrator Najera presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
O’Hara moved, Shaffer seconded to: 1) authorize the City Manager, or designee, in coordination with the City Attorney, to execute a Cooperative Research and Development Agreement (CRADA)
between the City of Encinitas and the Alliance for Sustainable Energy, LLC. In substantial form, to prepare the Encinitas Microtransit Study; 2) adopt Resolution No. 2024-135, titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget,” and appropriate awarded San Diego Community Power grant funds and Fox Point Farms Contribution to Microtransit Program Study Project WC23C; and 3) authorize the City Manager, or designee, in coordination with the City Attorney, to execute San Diego Community Power Grant Agreement and Conditions between the City of Encinitas and the University of San Diego in substantial form.
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. Update on Santa Fe Drive Corridor Improvements Projects, and request for direction. Contact Person: Principal Engineer Widelski
Environmental Considerations: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA Guidelines, which exempts projects characterized as minor alterations to existing public facilities, involving negligible or no expansion of the existing use. The types of existing facilities Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
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include public streets where sidewalks, bicycle lanes, pedestrian crossings other similar alterations are proposed but do not create additional automobile lanes.
Recommended Action: 1) Receive update from Staff on Santa Fe Drive Corridor Improvements West and East Projects; and 2) Consider deferring construction of the Santa Fe Drive protected intersections at Nardo Rd/MacKinnon Avenue and Bonita Drive/Windsor Road, and the mid-block traffic signal from the Sante Fe West project and either: a) Include them as additive alternative option for the Santa Fe East project; or b) Create a separate new project for the deferred improvements to be constructed during Summer 2025 or as directed by City Council.
Principal Engineer Widelski presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
State Senator Catherine Blakespear, Jessica Toth, Brad Lefkowits, Kristine Schindler, Susan Sherod, Niels Lund, Carol Wood, Russell Levan, Judy Berlfein spoke in support of completing the project.
Bernadette Dillon, John Smith, Harry Phillips, Peter Brown, Natalie Settoon, Mark Selander, Jennifer Hewitson, Donna Westbrook, Dr. Cap, and Rachel Graves spoke in support of deferring construction of the project Steve Fox registered support for completing the project, but chose not to speak.
Julie Graboi registered support for deferring construction of the project, but chose not to speak.
Mayor Ehlers called the meeting into recess at 8:42 p.m., and reconvened the meeting at 8:56 p.m.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to: 1) defer construction of the Santa Fe Drive protected intersections at Nardo Rd/MacKinnon Avenue and Bonita Drive/Windsor Road, and the mid-block traffic signal from the Santa Fe West project; and 2) create a separate new project for the deferred improvements after review and observation of the new improvement conditions by May 2025. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None. Abstain:
None.
Item 12A was taken out of order and heard next.
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12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Councilmember Jim O’Hara and Councilmember Luke Shaffer regarding the status of the L-7 parcel and its zoning designation. Contact Person: Council Member Jim O’Hara
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 is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.
Recommended Action: Designate and Downzone L-7 and any other parkland that is not designated parkland. Direct staff to prepare a staff report in order to consider the downzoning of the L-7 parcel to a Community Park (public/semi-public use) and rezone any current parkland that is not designated parkland. This item should be reviewed by the Planning Commission and presented to the council within 90 days for final review.
Council Member O’Hara presented the Council Initiated Item.
SPEAKERS:
James Mills, Glen Johnson, Elena Thompson, Dick Stern, Oliver Pratt, Jessica Pratt, Angela Carroll, Farhad Mahmoudi, and Sheila Cameron spoke in support of the recommended action.
Jim Stiven, Bob Kent, and Suzanne Stone spoke in opposition to the recommended action.
Julie Graboi and Donna Westbrook registered support for the recommended action, but chose not to speak.
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.
COUNCIL ACTION:
O’Hara moved, Shaffer seconded to direct staff to prepare a staff report in order to consider the downzoning of the L-7 parcel to a Community Park (public/semi-public use) and rezone any current parkland that is not designated parkland. Motion Carried. Ayes:
Ehlers, Lyndes, O’Hara, and Shaffer. Nays: None. Absent: None.
Abstain: None.
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10. ACTION ITEMS-CONTINUED 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.
10B. City Council consideration of appointment of an Interim City Manager.
Contact Persons: Mayor Ehlers and Human Resources Director Schwarm 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) Consider adoption of Resolution No. 2024-137, titled, “A Resolution of the City Council of the City of Encinitas, California, Appointing Jennifer Campbell as the Interim City Manager; and 2) Consider adoption of Resolution No. 2024-138, titled, “A Resolution of the City Council of the City of Encinitas, California, Approving and Adopting the Interim City Manager Pay Schedule,” effective December 1, 2024.
Human Resources Director Schwarm presented the staff report and responded to questions from the Council.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to: 1) adopt resolution No. 2024-137, titled, “A Resolution of the City Council of the City of Encinitas, California, Appointing Jennifer Campbell as the Interim City Manager; and 2) adopt Resolution No. 2024-138, titled, “A Resolution of the City Council of the City of Encinitas, California, Approving and Adopting the Interim City Manager Pay Schedule,” effective December 1, 2024.
Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, and Shaffer. Nays:
None. Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Deputy Mayor Lyndes reported on attending a SANDAG sustainable communities working group and an Encina Wastewater Authority Meeting.
Mayor Ehlers reported on attending an Encina Wastewater Authority Meeting and a SANDAG board meeting.
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14. CITY MANAGER REPORTS
Interim City Manager Campbell provided the following holiday safety tips:
• Check your fire alarms and smoke detectors
• Do not leave anything on the stove or oven unattended • Keep candles and heating devices away from combustible items
15. CITY ATTORNEY REPORTS
City Attorney Preziosi wished the City Council and staff a Happy Holidays.
City Clerk Hollywood reported that applications are available online for the District 4 City Council Vacancy and the annual commission recruitment.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 10:50 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Pete Weichers, Deputy
City Clerk
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