City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, AUGUST 13, 2025 -
06:00 PM
p.m.
City of Encinitas - City Council Chambers
505 S. Vulcan Avenue
Encinitas, California 92024
Each speaker is allowed three (3) minutes to address the City Council.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS – NONE
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Each speaker is allowed three (3) minutes to address the City Council. Please submit a “WHITE” speaker slip to the City Clerk. Time donations are not permitted during Oral Communications. Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda. 2025-08-13 Item 05 Oral Communication Received
6. REPORT FROM CLOSED SESSION (IF HELD)
7. CHANGES TO THE AGENDA Announcements of administrative changes to the agenda, in compliance with the Brown Act.
8. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Any member of the public may remove an item by submitting 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. Items removed from the Consent Calendar by a Council Member or the public will be considered immediately following the Consent Calendar. 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 Approve.
8B.
Approval of the Minutes of the June 11, 2025, Regular Meeting; June 18, 2025, Regular Meeting; June 25, 2025, Special Joint Meeting; and June 25, 2025, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2025-08-13 Item 08B Minutes
8C.
Approval of the Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2025-08-13 Item 08C Approval of Warrants
8D.
Ratification of Assembly Bill 3 (AB 3) legislative position letter of support and Senate Bill 131 (SB 131) legislative position letter request for veto. 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 the City of Encinitas that will not result in direct or indirect physical change in the environment. Contact Person: Deputy City Manager Sapa’u 1) Ratify Support Letter for AB 3 (Dixon) - Alcohol and Drug Treatment Facilities: Local Regulation; and 2) Ratify Letter Request for Veto for SB 131 (Wiener) - Local Housing Plans: Enforcement. 2025-08-13 Item 08D Legislative Position Letter AB3 and SB131 8E.
Emergency Declaration: Moonlight Beach Sewer Force Main Emergency Repairs. Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is an Emergency Project as defined under Section 15269(b) of CEQA Guidelines. The action involves emergency repairs to publicly owned facilities necessary to maintain service essential to public health and safety. Contact Person: Principal Engineer Alex Authorize emergency repairs to the Moonlight Beach Sewer Force Main under the Emergency Declaration. 2025-08-13 Item 08E Emergency Declaration Moonlight Beach Force Main 8F.
Acceptance of the FY 2024 Annual Sewer Rehabilitation Phase 1 Project (CC04E/CE04H). 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 the government that will not result in a direct or indirect physical change in the environment. Contact Person: Principal Engineer Alex 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. 2025-84, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvement for the FY 2024 Annual Sewer Rehabilitation Phase 1 Project (CC04E/CE04H)." 2025-08-13 Item 08F Sewer AR FY 2024 Sewer Rehab NOC
8G.
Memorandum of Understanding between the City of Encinitas and the Encinitas Historical Society for a community special event. 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. Contact Person: Parks, Recreation and Cultural Arts Director Knopp Approve and authorize the City Manager in coordination with the City Attorney, to execute a Memorandum of Understanding (MOU) between the City of Encinitas and the Encinitas Historical Society to host the Heritage Tree Lighting event on December 5, 2025 in substantial form. 2025-08-13 Item 08G Encinitas Historical Society MOU for Heritage Tree Lighting Event 8H.
Amendment No. 2 to the Master Sports Independent Contractor Agreement. 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. Contact Person: Recreation Services Manager Hamer Approve and authorize the City Manager in consultation with the City Attorney, to execute Amendment No. 2 in substantial form, increasing the Instructor compensation, not to exceed amount from the initial agreement to the projected amount in Amendment No. 2. 2025-08-13 Item 08H Amendment to Master Sports Agreement 8I.
Acceptance of the Wales Drive - Crest Drive Emergency Access Gate Project (CS23E). 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. Contact Person: Engineer I Estellar 1) Authorize the filing of the Notice of Completion 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; 4) Adopt City Council Resolution No. 2025-82, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for Wales Drive - Crest Drive Emergency Access Gate Project (CS23E)"; and 5) Increase the contract not-to-exceed amount of $122,414 for the Quality Construction & Engineering, Inc. by $1,551 for a new not-to-exceed construction contract amount of $123,965 for the Wales Drive - Crest Drive Emergency Access Gate Project (CS23E). 2025-08-13 Item 08I NOC for WalesDrCrestDrEmergencyGate 8J.
Acceptance of the City Hall Parking Lot Repair Project (CF25B). 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. Contact Person: Senior Engineer Stryker 1) Authorize the filing of the Notice of Completion 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. 2025-81, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the City Hall Parking Lot Repairs (CF25B)." 2025-08-13 Item 08J NOC City Hall Parking Lot Overhang
8K.
Award a construction contract to L.C. Paving & Sealing, Inc. for the Citywide Pedestrian Crossing Upgrades Project (CS23G). 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, striping, and repair are proposed on an existing public street and does not create additional automobile lanes. The proposed project meets the criteria for this exemption. Contact Person: Engineer II Barr Authorize the City Manager, or designee, to execute a contract in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, with L.C. Paving & Sealing, Inc., in the amount of $248,985 plus 15 percent contingency of $37,348, for a total construction contract not-to exceed amount of $286,333 for construction of the Citywide Pedestrian Crossing Upgrades Project (CS23G). 2025-08-13 Item 08K HSIP 11 Award CS23G Contract
8L.
Authorize the Request for Funding from the California Coastal Commission’s Public Recreation Beach Impact Mitigation Fund Managed by SANDAG for the Swami’s Beach Access Staircase Project (CP26A). 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. Contact Person: Senior Engineer Stryker Adopt City Council Resolution No. 2025-78 titled "A Resolution of the City Council of the City of Encinitas, California, Requesting Funding from the California Coastal Commission's Public Recreational Beach Impact Mitigation Fund Administered by the San Diego Association of Governments for the Swami's Beach Access Staircase Project". 2025-08-13 Item 08L Swami’s Staircase SANDAG Funding Rqst 8M.
Award Construction Contract to Wright Construction Engineering Corp. for the 444 El Camino Real Drainage Channel Repair Project (CD25B). Environmental Considerations: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b), which categorically exempts repair and maintenance of an existing publicly owned facility drainage channel and will result in no expansion of existing or former use. None of the exceptions in Section 15300.2 of the CEQA Guidelines are applicable to the project. Contact Person: Senior Engineer Stryker 1) Authorize the City Manager, or designee, to execute a contract in substantial form and any necessary amendments and time extension, in consultation with the City Attorney, with Wright Construction Engineering Corp. in the amount of $124,000 plus 15 percent contingency of $18,600 for a total construction contract not-to-exceed amount of $142,600 for construction of the 444 El Camino Real Drainage Channel Repair Project (CD25B); and 2) Adopt City Council Resolution No. 2025-79, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-2026 Budget" to appropriate $187,600 to the El Camino Real Drainage Channel Repair Project (CD25B). 2025-08-13 Item 08M 444 ECR Drainage Award
8N.
Request by the California Department of Housing and Community Development (HCD) to repeal and replace Resolution No. 2022-114 and incorporate specific information for the Permanent Local Housing Allocation (PLHA) Grant Award. 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. Contact Person: Planning Manager Anders Adopt Resolution No. 2025-86 titled "A Resolution of the City Council of the City of Encinitas to Repeal and Replace Resolution No. 2022-114 Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program." 2025-08-13 Item 08N Permanent Local Housing Allocation Grant 8O.
Discussion and possible update to Regional Boards, CSA-17 Advisory Committee and Council Standing Subcommittee and Active Ad Hoc Subcommittee, Encinitas Traffic Management Program (ETMP). 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. Contact Person: Executive Assistant to Mayor and City Council Blease 1) Mayor to make recommendations and City Council to approve 2025 regional board update to CSA-17 Advisory Committee appointment as follows: Council Member Luke Shaffer from Representative to Alternate and Council Member Marco San Antonio from Alternate to Representative; and 2) Mayor to make recommendations and City Council to approve 2025 Council Standing and Ad Hoc Subcommittee update to Encinitas Traffic Management Program (ETMP) as follows: Replace Mayor Bruce Ehlers, Representative, with Council Member Jim O'Hara as Representative. 2025-08-13 Item 08O Regional Boards CSA-17 Advisory Committee, Standing Subcommittee, Active Ad Hoc Subcommittee 8P.
2024 State Homeland Security Program Grant in the amount of $18,321 for the Purchase of Hydraulic Powered Rescue Equipment for the Fire Department and Proposed Off-Cycle Fiscal Year 2025-26 Budget Amendment. 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. Contact Person: Management Analyst Flores 1) Accept $18,321 in federal funds from a 2024 State Homeland Security Program (SHSP) grant awarded to the City of Encinitas for the purchase of hydraulic powered rescue equipment for the Fire Department; 2) Authorize the City Manager, or their designee, to sign and submit the required California Governor's Office of Emergency Services Standard Assurances for Cal OES Federal Non-Disaster Grant Programs; and 3) Adopt Resolution Number 2025-89, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget" to appropriate the grant amount. 2025-08-13 Item 08P 2024 State Homeland Security Grant Acceptance
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10A): New information such as documents, exhibits, letters, photos, charts, diagrams, videos, etc., WILL NOT be considered by the City Council if presented at this meeting. All material must have been submitted to the City Clerk no less than 7 calendar days prior to this hearing.
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-008054-2025) of the Planning Commission’s determination (Case No. ITRP-007793-2025) that off-premise alcoholic beverage sales for beer and wine cannot be considered an accessory use to a primary retail use within the Limited Local Commercial (L-LC) zone for the property located at 1988 Village Park Way. 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. In addition, pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Contact Person: Associate Planner Carr Deny the appeal and adopt the draft City Council Resolution No. 2025-62 titled, "A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal Filed by R. Bruce Evans and Affirming the Planning Commission's Determination that the "Alcoholic Beverage, Sales-Off Premises" Land Use Cannot Be Considered as an Accessory Use to the Primary Retail Use in the Limited Local Commercial (L-LC) Zone, for the Property Located at 1988 Village Park Way," affirming the Planning Commission's decision to adopt Resolution No. PC 2025-11 determining that off-premise alcoholic beverage sales of beer and wine cannot be considered an accessory use to a primary retail use within the Limited Local Commercial (L-LC) zone, for the property located at 1988 Village Park Way. 2025-08-13 Item 10A 7-11 Appeal
2025-08-13 Item 10A 7-11 Appeal - Attachment 01 - Appellant Submission 2025-08-13 Item 10A 7-11 Appeal - Public Comment
10B.
Review and approve amendments to Encinitas Municipal Code Chapter 2.48 Youth Commission, Section 2.48.020 Membership. 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. Contact Person: City Clerk Hollywood Introduce Ordinance No. 2025-09, titled "An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.48 Youth Commission, Section 2.48.020 Membership" and/or provide direction to staff. 2025-08-13 Item 10B Youth Commission Add Alternates
2025-08-13 Item 10B Youth Commission Add Alternates - Staff Presentation 2025-08-13 Item 10B Youth Commission Add Alternates - Public Comment 10C.
Consider local Municipal Code amendments which modify the 2025 California Building Standards Code related to building safety, fire prevention, energy efficiency and green building, in alignment with the City’s Climate Action Plan goals and targets. Environmental Considerations: The amendments proposed will not have a significant effect on the environment because the strengthened requirements reduce hazards and accommodate features to reduce environmental effects. Adoption of the amendments is exempt from environmental review as per Section 15308 of the CEQA Guidelines, which allows a categorical exemption for "actions taken by regulatory. agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment." Furthermore, the amendments related to energy efficiency and green building were previously evaluated in the Final Negative Declaration (ND) for the Climate Action Plan (Case No. 17-224), dated December 5, 2017, and Addendum to the ND (Case No. ENV-004106-2020), dated Oct 20, 2020. The ND and the Addendum evaluated the potential environmental effects of the implementation of the Climate Action Plan, including the adoption and enforcement of energy efficiency and renewable energy ordinances. This project is within the scope of the Final Negative Declaration and the Addendum, and no further California Environmental Quality Act (CEQA) compliance is required. Contact Persons: Principal Planner Maynard, Sustainability Manager Najera, and Interim Fire Marshall Villagomez Direct staff to prepare ordinances for City Council consideration, to adopt local Municipal Code amendments which modify the 2025 California Building Standards Code, and continue the following existing local codes which require enhanced building safety, fire prevention, energy efficiency and green building regulation, with minor changes: 1) Building Code Amendments (EMC 23.12.030.B); 2) Fire Code Amendments (EMC 10.04.020); 3) Electric Readiness (EMC 23.12.080.J); 4) Existing Building Energy Efficiency (EMC 23.12.080.D and E); 5) Electric Vehicle Charging (EMC 23.12.110.E); and 6) Graywater Systems (EMC 23.12.110.D). 2025-08-13 Item 10C Direction on Reach Codes
11. INFORMATIONAL ITEMS – NONE To speak on informational 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.
12. COUNCIL MEMBER INITIATED AGENDA ITEM To speak on Council Initiated 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. 12A.
Council Initiated Item from Council Member Jim O’Hara to amend Ordinance 9.01.010, Camping on Private Property, by removing the clause "at night".
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.
Direct City Staff and City Attorney to review ordinance 9.01.010 and update the ordinance to remove the clause "at night." 2025-08-13 Item 12A Council Initiated item O’Hara - Ordinance 9.01.010 2025-08-13 Items 12A 12B & 12C Public Comment
12B.
Council initiated item from Council Member Jim O’Hara regarding amending Encinitas Municipal Code 14.40.145 regarding the restricted hours for parking recreational vehicles on public streets and property.
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.
Direct staff to draft the necessary revisions to Municipal Code 14.40.145, updating the restricted parking hours to reflect the new timeframe. The revised code should clarify that all recreational vehicles—including trailers, camper trailers, boats and trailers, cab-over campers, motorhomes, and vans or van conversions used for habitation or camping—are subject to these regulations unless they display a valid permit under section 14.40.150. 2025-08-13 Item 12B Council Initiated item O’Hara - Code 14.40.145 2025-08-13 Items 12A 12B & 12C Public Comment
12C.
Council Initiated Item from Council Member Jim O’Hara to amend Ordinance 9.01.025 addressing sleeping in vehicles, by changing the affected hours from “10p.m. to 6a.m.” to “from dusk till dawn.” 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.
Direct staff to collaborate with the sheriff department and city attorney to update Ordinance 9.01.025 to create an ordinance that is effective “from dusk till dawn.” 2025-08-13 Item 12C Council Initiated item O’Hara - 9.01.025 2025-08-13 Items 12A 12B & 12C Public Comment
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Each speaker is allowed three (3) minutes to address the City Council. Please submit a “WHITE” speaker slip to the City Clerk. Time donations are not permitted during Oral Communications. Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON AUGUST 20, 2025 Notice to the Public:
To ensure that the City meets your needs when addressing the City Council, all presentation materials which require the use of visual equipment need to be submitted to the City's IT Division at least 24 hours in advance of the meeting (except for appeal hearings where materials must be submitted 7 days in advance). This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel).
No CD's, DVD's, or USB thumb/flash drives will be accepted at the meeting.
All materials must be in PC format and digital presentation items must be emailed to [email protected]
. Please label all materials with the corresponding agenda item number. Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of video/digital/photographs are considered part of the maximum time limit provided to speakers.