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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 19, 2025, 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, Marco San Antonio, and Luke Shaffer
Absent: None
Also present: Interim City Manager Campbell, City Attorney Preziosi, Interim Director of Development Services Colamussi, Fire Chief Gordon; Senior Deputy Fire Marshal Villagomez; Director of Engineering Bankston, Acting Deputy City Manager Schwarm; City Clerk Hollywood, and Management Analyst Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Proclamation in recognition of National Spay/Neuter Awareness Month Mayor Ehlers presented a proclamation to Dorell Sackett and Volunteers with Spay Neuter Action Project (SNAP) in recognition of National Spay/Neuter Awareness Month.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mayor Ehlers stated that due to the number of speakers the allotted speaking time would be reduced to two minutes and the first 30 minutes of speakers would be heard with the remaining speakers to be heard after Item 12.
Council Member Shaffer spoke regarding community dialog and his remarks from a prior council meeting.
Tony Kranz spoke about the American Flag and land use.
Kristine Schindler spoke regarding cross bike lanes, fall prevention, and respect.
Molly Hintlian spoke regarding traffic.
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Marlon Taylor spoke regarding comments made by the Mayor and Council Members at a prior meeting.
James Morton spoke on various topics.
Terry Wirth spoke regarding parking regulations.
Brad Lefkowitz spoke regarding infrastructure within the City.
Dave Dean spoke regarding graffiti.
Brian Stone spoke regarding gun violence and Council Member remarks from a prior meeting.
Sheila Cameron spoke on various topics.
Scott Campbell spoke on various topics.
Terri-Ann Skelly spoke regarding the Start Smart Program.
Bernadette Dillon spoke regarding illegal fireworks and gang activity in the City.
Ellen Burr spoke regarding information presented at prior meetings.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that item 8G had been removed from the Consent Calendar by a member of the public.
COUNCIL ACTION:
Shaffer moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of item 8G. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, 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 January 15, 2025, Special Closed Session 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.
8D. Council to review and approve proposed changes to City Council Policy C003 – Policies and Protocols for City Council Meetings. 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: Adopt Resolution No. 2025-14 titled “A Resolution of the City Council of the City of Encinitas, California, Approving Amended City Council Policy C003 – Policies and Protocols for City Council Meetings” to reflect new submittal deadline for City Council Initiated Items. 8E. A Memorandum of Understanding between the City of Encinitas and Encinitas Environment Day for a community special event at Encinitas Community Park. Contact Person: Senior Management Analyst Gilliam Environmental Considerations: The action 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 and authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City of Encinitas and Encinitas Environment Day (EEDAY) in substantial form in consultation with the City Attorney to host the EcoFest event on Sunday, June 1, 2025, at Encinitas Community Park from 11:00 a.m. – 3:00 p.m. 8F. Request to authorize staff to file a $1.819M grant application through the California State Department of Parks and Recreation, Division of Boating and Waterways (DBW) for Phase 2 of the United States Army Corps of Engineers (USACE) San Diego County, CA Project (Storm Damage Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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Reduction Project) for the Pre-construction, Engineering, and Design (PED) portion of the second phase of this project. Contact Person: Coastal Zone Program Administrator Mierau
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15060(c)(3) because it is not a “project” as per Section 15378(b)(5). 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.
On October 14, 2015, the City Council approved Resolution No. 2015-36 certifying the Final Environmental Initial Study (FEIS) and Final Environment Impact Report (FEIR) for the 50-year life of the Storm Damage Reduction Project. The City Council determined that the FEIR is complete and adequate in scope and in compliance with NEPA and the State CEQA Guidelines. According to the Encinitas FEIS/FEIR, all of the potentially significant impacts of the project can be avoided or reduced to a level below significance by the implementation of feasible mitigation measures.
Recommended Action: Authorize the Interim City Manager, or designee, to apply for grant funding for the PED Phase 2 of the USACE San Diego County, CA Project through DBW, for funding to be allocated during Fiscal Year 2026-27.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8G. Adoption of Ordinance No. 2025-02 Assigning Equivalent Dwelling Units (EDUs) for Sewer Capacity Fees for the Cardiff Sanitary Division (CSD) and the Encinitas Sanitary Division (ESD) and Amending Encinitas Municipal Code §18.08.025(A)). Contact Person: Senior Management Analyst Elmore
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: Staff recommends that the City Council adopt Ordinance No. 2025-02 titled “An Ordinance of the City Council of the City of Encinitas, California, Assigning Equivalent Dwelling Units for Sewer Capacity Fees for the Cardiff Sanitary Division and Encinitas Sanitary Division and Amending Encinitas Municipal Code §18.08.025(A).”
PUBLIC SPEAKERS:
Ellen Burr spoke regarding this item.
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Senior Management Analyst Elmore responded to questions regarding this item.
COUNCIL ACTION:
Lyndes moved, Shaffer seconded to adopt Ordinance No. 2025-02 titled “An Ordinance of the City Council of the City of Encinitas, California, Assigning Equivalent Dwelling Units for Sewer Capacity Fees for the Cardiff Sanitary Division and Encinitas Sanitary Division and Amending Encinitas Municipal Code §18.08.025(A)”. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, 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- 007775-2024) of the Planning Commission’s approval of a design review permit and coastal development permit for the construction of detached two- family dwellings and two accessory dwelling units on a vacant lot located east of San Elijo Avenue. The project is located east of San Elijo Avenue, West of Summit Avenue and south of Santa Fe Drive. Contact Person:
Senior Planner Bustamante
Environmental Considerations: In accordance with the California Environmental Quality Act (CEQA) guidelines, Class 32, Section 15332 (Infill Development Projects), the project is exempt from CEQA in that this project is consistent with all applicable general plan land use and all applicable policies as well as with all applicable zoning designations and regulations, as outlined in the staff report and resolution. The proposed development occurs within city limits on a project site, no more than five acres, and is substantially surrounded by urban uses, the project would not result in any significant impacts relating to vehicle miles traveled, noise, air quality or water quality.
Recommended Action: Deny the appeal and adopt the draft City Council Resolution No. 2025-27 titled, “A Resolution of the City Council of the City of Encinitas, California Denying an Appeal Filed by Michael Seskin and Affirming the Planning Commission’s Approval of a Design Review Permit and Coastal Development Permit for the Construction of Detached Two- Family Dwellings and Two Accessory Dwelling Units on a Vacant Lot Located East of San Elijo Avenue, West of Summit Avenue, and South of Santa Fe Drive. (APN 260-621-04)” affirming the Planning Commission’s decision to adopt Resolution No. PC 2024-38 approving the design review permit and coastal development permit, (Case No. MULTI 006424-2023) with conditions.
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Senior Planner Bustamante and Interim Director of Development Services Colamussi presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member San Antonio had nothing to disclose.
Council Member Shaffer had nothing to disclose.
Council Member O’Hara had nothing to disclose.
Deputy Mayor Lyndes had nothing to disclose
Mayor Ehlers had nothing to disclose.
Mayor Ehlers opened the public hearing at 7:00 p.m.
Michael Seskin, the appellant, presented the appeal.
Tyler Van Strait, with JLC Architecture, representing the applicant Constande Frances V Living Trust 06-08-92 presented the project.
There were no public speakers on this item.
The applicant had no rebuttal.
Chris Crocker representing the appellant gave the rebuttal.
Mayor Ehlers closed the public hearing at 7:19 p.m.
Senior Planner Bustamante, Interim Director of Development Services Colamussi, and Deputy Fire Marshal Villagomez responded to questions from the Council.
COUNCIL ACTION:
Shaffer moved, Lyndes seconded to deny the appeal and adopt City Council Resolution No. 2025-27 titled, “A Resolution of the City Council of the City of Encinitas, California Denying an Appeal Filed by Michael Seskin and Affirming the Planning Commission’s Approval of a Design Review Permit and Coastal Development Permit for the Construction of Detached Two-Family Dwellings and Two Accessory Dwelling Units on a Vacant Lot Located East of San Elijo Avenue, West of Summit Avenue, and South of Santa Fe Drive. (APN 260-621-04)” affirming the Planning Commission’s decision to adopt Resolution No.
PC 2024-38 approving the design review permit and coastal development permit, (Case No. MULTI 006424-2023) with conditions.
Motion carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None. Abstain: None.
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Mayor Ehlers called the meeting into recess at 7:48 p.m. and reconvened the meeting at 8:01 p.m.
10B. Council to hear from applicants for the Mobility and Traffic Safety Commission At-Large Representatives, Parks and Recreation Commission, and Public Health and Safety Commission. 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: 1) Hear from applicants regarding qualifications and interest in serving on a City Commission; 2) Discuss as needed; and 3) Mayor to make recommendations with City Council approval to make two appointments to the Mobility and Traffic Safety Commission (At-Large Representatives) for full three-year terms expiring March 2028, one appointment to fill one unscheduled vacancy on the Parks and Recreation Commission with a term expiring March 2027, and two appointments to fill two unscheduled vacancies on the Public Health and Safety Commission with terms expiring March 2026.
City Clerk Hollywood presented the staff report.
MOBILITY AND TRAFFIC SAFETY COMMISSION (At Large
Representatives):
June Honsberger, Bridget Kimball, Ronald Medak, Ronald Ridenour, Paul Templin, and James Wang presented their qualifications and interest in serving on the Mobility and Traffic Safety Commission.
COUNCIL ACTION:
Ehlers moved, O’Hara seconded to appoint Ronald Medak to the Mobility and Traffic Safety Commission – At Large Representative with a term ending March 2028. Motion carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays: Lyndes. Absent: None. Abstain: None.
Ehlers moved, Shaffer seconded to appoint Bridget Kimball to the Mobility and Traffic Safety Commission – At Large Representative with a term ending March 2028. Motion failed. Ayes: Ehlers and Shaffer.
Nays: Lyndes, O’Hara, and San Antonio. Absent: None. Abstain:
None.
Ehlers moved, O’Hara seconded to appoint Paul Templin to the Mobility and Traffic Safety Commission – At Large Representative with a term ending March 2028. Motion carried. Ayes: O’Hara, San Antonio, Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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and Shaffer. Nays: Ehlers and Lyndes. Absent: None. Abstain: None.
PARKS AND RECREATION COMMISSION:
Nathan Bussell, Bridget Kimball, and Farhad Mahmoudi presented their qualifications and interest in serving on the Parks and Recreation Commission.
COUNCIL ACTION:
Ehlers moved, Shaffer seconded to appoint Bridget Kimball to the Parks and Recreation Commission with a term ending March 2027.
Motion carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays:
Lyndes. Absent: None. Abstain: None.
PUBLIC HEALTH AND SAFETY COMMISSION:
Steven Cesnauskas, Farhad Mahmoudi, Harriet Seldin, Christopher Seneca, Suzanne Stone, and Paul Templin presented their qualifications and interest in serving on the Public Health and Safety Commission.
Applicants Stephen Meiche and Alexander Riley were unable to attend.
COUNCIL ACTION:
Ehlers moved, O’Hara seconded to appoint Steven Cesnauskas and Harriet Seldin to the Public Health and Safety Commission with terms ending March 2026. Motion failed. Ayes: Ehlers and O’Hara. Nays:
Lyndes, San Antonio, and Shaffer. Absent: None Abstain: None.
Ehlers moved, San Antonio seconded to appoint Steven Cesnauskas to the Public Health and Safety Commission with terms ending March 2026. Motion carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer.
Nays: Lyndes. Absent: None Abstain: None.
Ehlers moved, Lyndes seconded to appoint Harriet Seldin to the Public Health and Safety Commission with terms ending March 2026.
Motion carried. Ayes: Ehlers, Lyndes, O’Hara, and San Antonio. Nays:
Shaffer. Absent: None Abstain: None.
PUBLIC SPEAKERS:
Sheila Cameron and Vivienne Vail spoke regarding this item.
10C. Discussion and possible updates to Regional Boards, Committees and Active Ad Hoc Subcommittee appointments following the appointment of Marco San Antonio as Council Member for District 4 on January 22, 2025.
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.
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government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Mayor to make recommendations and City Council to approve all other 2025 regional board and committee appointments; and 2) City Council to consider and possibly take action regarding appointments to standing subcommittee and active ad hoc subcommittee appointments.
Interim City Manager Campbell presented the staff report.
COUNCIL ACTIONS:
Lyndes moved, O’Hara seconded to approve the: 1) Mayor ’s recommendations to the following changes to the Committee and Board Appointments:
• ACWA/JPIA replace Shaffer with San Antonio as Director • SFID/SDWD JFAC & R.E. Badger replace O’Hara with San
Antonio as Representative
• CSA-17 replace O’Hara with San Antonio as Alternate
• North County Dispatch replace O’Hara with San Antonio as Alternate
• San Diego Community Power replace Shaffer with San Antonio as Representative
2) Council Standing & Ad HOC Subcommittee Appointments as follows:
• Encinitas Traffic Management Program replace O’Hara with San Antonio
Motion carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None Abstain: None.
Ehlers moved, Shaffer seconded to approve to replace SANDAG Board of Directors Alternate from Shaffer to San Antonio. Motion carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer.
Nays: None. Absent: None Abstain: None.
COUNCIL ACTION:
O’Hara moved, Shaffer seconded to continue the meeting past 10:00 p.m., to 11:00 p.m. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer.
Nays: None. Absent: None. Abstain: None.
10D. Encinitas Fire Station #1 Selection of Temporary Location at the Pacific View Arts Center and Design Funding for Temporary Relocation. Contact Person: Fire Chief Gordon
Environmental Considerations: The project proposes to temporarily locate a fire support trailer and garage on a developed site. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15269(c), 15301(b), 150303(c),15303 (e) and 15303 (f), the project would be exempt Docusign Envelope ID: 4B270EC2-3754-45CE-902A-FC13CF96232C
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from environmental review. The relocation of Fire Station #1 is necessary to address an emergency at the current location due to seismic safety conditions of the existing building consistent with Section 15269(c) of the CEQA Guidelines. The project is consistent with Section 15301(b) because it is located on a developed site with existing parking and utilities such as gas, sewer, water and electrical amenities. The project is also consistent with Section 150303(c) because the total floor area of the two (2) temporary buildings is less than the maximum 10,000-square foot floor area allowed under the exemption. Section 15303(e) exempts accessory (appurtenant) structures such as a garage. Section 15304(f) exempts minor trenching conducted to connect to existing underground offsite utilities and the surface would be restored. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project.
Recommended Action: 1) Approve the temporary relocation of Encinitas Fire Station #1 from its current location at 415 Second Street to a temporary facility at the Pacific View Arts Center (PVAC) property located at 608 Third Street at the Southeast site option; and 2) Adopt Resolution No. 2025-21, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" to appropriate $125,000 to the Emergency Fire Station #1 Relocation (CF25A) Project.”
Fire Chief Gordon, Director of Engineering Bankston, and Acting Deputy City Manager Schwarm presented the staff report and responded to Council questions.
PUBLIC SPEAKERS:
Tony Kranz spoke in support of this item.
COUNCIL ACTIONS:
Lyndes moved, O’Hara seconded to: 1) Approve the temporary relocation of Encinitas Fire Station #1 from its current location at 415 Second Street to a temporary facility at the Pacific View Arts Center (PVAC) property located at 608 Third Street at the Southeast site option; and 2) Adopt Resolution No. 2025-21, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" to appropriate $125,000 to the Emergency Fire Station #1 Relocation (CF25A) Project.” Motion carried. Ayes:
Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None Abstain: None.
10E. Introduction of Ordinance No. 2025-01, regulating mature trees in the City of Encinitas. Contact Person: Senior Mobility Planner Jedynak This agenda item has been removed from the agenda and will be rescheduled and re-noticed for a future meeting. The item only appears on this agenda because it was continued to a date certain from the January 22, 2025, Regular City Council.
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Interim City Manager Campbell stated that this item will be heard by the Planning Commission at their meeting tomorrow, February 20, 2025; and on February 27, 2025, it will be on the Urban Forest Advisory Committee (UFAC) agenda. The item will return to the City Council in March or April.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (continued from earlier in the meeting)
Maria Ardantz spoke regarding builder’s remedy.
Pam Zimbalist spoke regarding the Quail Meadows project.
Suzanne Stone spoke regarding Quail Meadows project.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Shaffer spoke regarding the San Diego Community Power’s new contract rates; and reported on attending CS-17, San Elijo JPA, and SFID meetings.
Council Member O’Hara reported on attending a San Elijo JPA meeting, Santa Fe Irrigation District meeting, and the CA League of Cities in Anaheim.
Deputy Mayor Lyndes reported on attending three Encina Wastewater Authority Meetings, a SANDAG meeting regarding LOSSAN, and the San Diego County Water Authority Board Meeting.
Mayor Ehlers reported on attending the general board meeting for Encina Wasterwater Authority, a SANDAG Shoreline Preservation Joint working meeting, and a SANDAG Board Meeting.
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14. CITY MANAGER REPORTS
Interim City Manager Campbell provided updates regarding smoke shop code violations; SANDAG’s construction on the Batiquitos Lagoon on February 22-23, 2025, from 7:00 a.m. to 6:00 p.m., for the double tracking on the La Costa; and the next session of the Encinitas Academy starting April 8.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi gave a procedural update.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 10:49 p.m.
_______________________________ __________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Jackie Rapp, Management Analyst
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