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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
MARCH 12, 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: City Manager Campbell, City Attorney Preziosi, Director of Engineering Bankston, Interim Director of Development Services Colamussi, 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. Quarterly Sheriff’s Update.
Mayor Ehlers announced that this item was removed from the agenda and would be agendized to a date certain of April 16, 2025. 4B. Fire Department Update.
Fire Chief Gordon presented the Fire Department update and responded to questions from the Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mayor Ehlers announced that he was reducing Oral Communications speaking time to two minutes each due to the number of speakers.
Dave Miller, Roberta Miller, Christopher Seneca, Shervin Dehmoubed, Ramin Dehmoubed, Jeff Hoffman, Lynne Merchant, Chuck Lang, Roslyn Dillon, and Joe Cooper spoke regarding the Bobby Riggs Racket and Paddle Club.
Susan Turney spoke regarding RHNA allocations.
Scott Campbell spoke regarding traffic safety.
Sydney Manger spoke regarding climate change.
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Teri Ann Skelly spoke regarding cannabis advertisements in the City.
Elena Thompson and Julie Madden spoke regarding homelessness.
Derek Berg spoke regarding SB9 compliance.
6. REPORT FROM CLOSED SESSION
No Closed Session meeting was held.
7. CHANGES TO THE AGENDA
City Clerk Hollywood stated there were no changes to the posted agenda other than Item 4A being reagenized to April 16, 2025.
8. CONSENT CALENDAR
City Clerk Hollywood announced that no items from the Consent Calendar were removed by members of the public.
Council Member O’Hara announced that he was removing item 8H from the Consent Calendar.
COUNCIL ACTION:
Shaffer moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of item 8H. 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.
8B. Approval of the Minutes of the February 12, 2025, Regular Meeting; February 19, 2025, Regular 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. Acceptance of the FY 2023-24 Pavement Rehabilitation Project (CS24A).
Contact Person: Engineer I Suleiman
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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 an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the Payment Bond in full upon the recording of the Notice of Completion; 3) Authorize the release of the Performance Bond in full one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2025-20, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the FY2023-24 Pavement Rehabilitation Project (CS24A).”
8E. Acceptance of the South Coast Highway 101 Sidewalk Improvement Project (CS22D). Contact Person: Senior Engineer Stryker 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 filing of the Notice of Completion (NOC) for the subject project; 2) Authorize the release of the payment bond for the subject project in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond for the subject project in full, one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2025-18, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the South Coast Highway 101 Sidewalk Improvement Project (CS22D).”
8F. Acceptance of the Citywide Striping Improvements Project (CS01E / CS02F). Contact Person: Engineer II Hekmat
Environmental Considerations: The actions being considered by the City Council are exempt from the California Environmental Quality Act (CEQA) because they are not “projects” under Section 15378(b)(5) of CEQA Guidelines. The actions involve an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Authorize the filing of the Notice of Completion (NOC) for the subject project; 2) Authorize the release of the Payment Bond Docusign Envelope ID: 83D9CFFD-40E8-499B-BE76-7C6B952BC587
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for the subject project in full upon the recording of the Notice of Completion; 3) Authorize the release of the Faithful Performance Bond for the subject project in full upon the recording of the Notice of Completion; 4) Authorize the release of the Maintenance Bond in full, one (1) year after the recording of the Notice of Completion; and 5) Adopt City Council Resolution No. 2025- 26, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Citywide Striping Improvements Project (CS01E / CS02F).”
8G. Amendment No. 3 to the Contract for Maintenance of Mechanical (HVAC) Systems at City Facilities Between the City of Encinitas (“City”) and Countywide Mechanical Systems, LLC (“Countywide”). Contact Person:
Management Analyst Horn
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) Approve and authorize the City Manager, or their designee, to execute Amendment No. 3 to the Contract for Maintenance of Mechanical Systems at City Facilities between the City of Encinitas and Countywide Mechanical Systems, LLC, in substantial form, in consultation with the City Attorney, which will accomplish the following: A.
Increase the not-to-exceed total contract cost by an additional $19,570; and B. Extend the contract term for an additional one-year period, which will run through March 31, 2026, for an annual amount of $109,918 in Year 5, and a total contract cost of $753,020 over the five-year period.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8H. Amendment No. 2 to the Urban Forestry Consultant Arborist Services Contract. Contact Person: Management Analyst Horn
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 City Manager, or their designee, in consultation with the City Attorney, to execute Amendment No. 2 in substantial form for City Arborist Services between the City of Encinitas and Dudek, extending the term of the contract for the final two-year period Docusign Envelope ID: 83D9CFFD-40E8-499B-BE76-7C6B952BC587
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ending on July 1, 2027, and increasing the annual amount to $186,125 for Years 5 and 6, for a new not-to-exceed total contract amount of $935,904.
Council Member O’Hara asked clarifying questions regarding this item.
Public Works Director Mabry and Senior Management Analyst Elmore responded to questions from the Council.
SPEAKER:
Brad Lefkowits spoke in support of the recommended action.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to authorize City Manager, or their designee, in consultation with the City Attorney, to execute Amendment No. 2 in substantial form for City Arborist Services between the City of Encinitas and Dudek, extending the term of the contract for the final two-year period ending on July 1, 2027, and increasing the annual amount to $186,125 for Years 5 and 6, for a new not-to-exceed total contract amount of $935,904. 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 provide comments on the Draft Fiscal Year (FY) 2025-29 Consolidated Plan prior to the release for the public comment period as required by the City’s Community Development Block Grant (CDBG) Citizen and Community Participation Plan and to consider funding requests for the FY 2025-26 Annual Action Plan (AAP) for the CDBG Program. Contact Person: Management Analyst Schubert
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) Provide comments on the draft FY 2025-29 Consolidated Plan; 2) Authorize the allocation of CDBG funds for eligible activities outlined in Attachment 2 and in the Analysis Section of the Agenda Report, for incorporation into the draft FY 2025-26CDBG Annual Action Plan; and 3) Continue the Public Hearing to April 16, 2025, to gather public input prior to Council’s consideration to approve the FY 2025-26 AAP.
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Mayor Ehlers outlined the Public Hearing Procedures.
Management Analyst Schubert and Dominique Clark from RSG Solutions 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 7:32 p.m.
SPEAKERS:
John Van Cleef and Marineke Vandervort spoke in support of the recommended action.
Martin Tracey, Patty Stottlemyer, and Elena Thompson spoke in opposition to the recommended action.
Housing Services Manager Dacey and Management Analyst Schubert responded to questions from the Council.
COUNCIL ACTION:
O’Hara moved, Shaffer seconded to: 1) continue the Public Hearing to April 16, 2025, to gather public input prior to Council’s consideration to approve the FY 2025-26 AAP; and 2) Authorize the allocation of CDBG funds for eligible activities outlined in Attachment 2 and in the Analysis Section of the Agenda Report, for incorporation into the draft FY 2025-26CDBG Annual Action Plan with direction to staff to work with the City Attorney on the addition of performance
standards/metrics/accountability in the organization Memorandums of Understanding as discussed; and 3) authorize a subsidy from the general fund to fully fund the three public services requests (Community Resource Center, Meals-on-Wheels, and Boys & Girls Clubs). Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None. Abstain: None.
Mayor Ehlers called the meeting into recess at 8:25 p.m., and reconvened the meeting at 8:35 p.m.
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10B. Public Health and Safety Commission (“Commission”) Work Plan Outcomes for Calendar Year 2024 and Proposed Work Plan for Calendar Year 2025. Contact Person: Fire Chief Gordon
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) Receive final reported outcomes for the Calendar Year 2024 Public Health and Safety Commission Work Plan; and 2) Approve the proposed Calendar Year 2025 Public Health and Safety Commission Work Plan.
Fire Chief Gordon presented the staff report and responded to questions from the Council.
SPEAKERS:
Matt Simmonds spoke regarding this item.
COUNCIL ACTION:
O’Hara moved, Ehlers seconded to: 1) send the proposed calendar year 2025 workplan back to the commission with the workplan centered around the Safety Element of the General Plan as the guiding document, and aligned with the current strategic plan and based on Council comments this evening; and 2) return to a City Council meeting with the modified workplan by July 1, 2025. Motion Carried.
Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
10C. Annual Progress Report on the Implementation of the General Plan.
Contact Persons: Associate Planner IV Cvetko and Housing Services Manager Dacey
Environmental Considerations: The General Plan Annual Progress Report is a reporting document and does not create or alter policy. 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. This informational item provides a means to monitor the implementation of the General Plan during the 12-month reporting period.
Recommended Action: Approve the General Plan Annual Progress Report including implementation measures.
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Associate Planner IV Cvetko and Housing Services Manager Dacey presented the staff report and responded to questions from the Council.
There were no public speakers.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to approve the General Plan Annual Progress Report including implementation measures. Motion Carried.
Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
10D. Assembly Bill 43 (AB 43) Speed Limit Lowering Effectiveness Review and Policy for Modification of AB43 Street List. Contact Person: City Traffic Engineer Bandegan
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.
Recommended Action: 1) Receive this report on AB 43 speed limit lowering effectiveness; and 2) Approve the AB 43 Street List Change Policy C037 establishing criteria for evaluating and implementing reduced speed limits on new residential roads or for eliminating roads from the program.
City Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
SPEAKER:
Scott Campbell spoke regarding this item.
COUNCIL ACTION:
Ehlers moved, Shaffer seconded to: 1) receive the report on AB 43 speed limit lowering effectiveness; and 2) approve the AB 43 Street List Change Policy C037 establishing criteria for evaluating and implementing reduced speed limits on new residential roads or for eliminating roads from the program. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent:
None. Abstain: None.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
11. INFORMATIONAL ITEMS
There were no Informational items.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Deputy Mayor Lyndes made the following announcement for the record: “My husband and family have been dealing with a significant struggle. My husband is fighting advanced cancer. The medical treatments and his fight to survive are continuing, intensifying and difficult. I appreciate all the care and generous assistance that friends and the community have given us throughout the past several months.
So that I can prioritize supporting him and my family through this hard time, I will be taking family medical leave from the city. This family medical leave will be no more than 60-days and will start on March 17th.
To facilitate smooth operations at the city, this week I am putting in place a system of communication so that I will stay fully informed on salient city issues throughout the leave. During this leave I anticipate that I will not be able to attend city council meetings or regional assignments, and I will have more limits on my ability to respond quickly, but I will stay engaged and informed.
I understand this places more responsibilities on my City Council colleagues, and I want to thank them in advance for their assistance. I appreciate my council colleagues’ willingness to provide support in my absence.
I’m honored to have been elected to serve the good people of Encinitas. You have my commitment that I will return as soon as possible.
Thank you in advance for your support. I’m proud to know that my family and I live in a supportive, spiritual and caring community.”
Deputy Mayor Lyndes reported on an Encina Wastewater Authority Meeting.
Mayor Ehlers reported on an Encina Wastewater Authority Meeting, a SANDAG Regional Planning Group meeting, and a City Selection Committee meeting.
Mayor Ehlers congratulated Jennifer Campbell’s appointment as the new City Manager for the City of Encinitas.
14. CITY MANAGER REPORTS
City Manager Campbell reported that a Wildfire Community Workshop would be held on Saturday March 22, 2025, at the Encinitas Community Center presented by the Encinitas Fire Department. She also reported that Fire Department staff participated in the Olivenhain Fire Preparedness workshop held on March 3, 2025.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
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City Clerk Hollywood announced that the City was accepting applications for unscheduled vacancies on the Urban Forest Advisory Committee and the Public Health and Safety Commission.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 9:58 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Pete Weichers, Deputy
City Clerk
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