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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 13, 2025, 6:00 P.M., 505 SOUTH VULCAN AVENUE,
ENCINITAS, CA 92024
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:13 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, Assistant City Manager Schwarm, Fire Chief Gordon, Sheriff Captain Watts, Director of Development Services Drapkin, 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
There were no Special Presentations or Proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mayor Ehlers stated that due to the number of speakers the first 30 minutes of speakers would be heard at two minutes each, and the remaining will be heard after item 12C.
Leslie Enge spoke regarding an emergency declaration.
Mona Angel spoke regarding an emergency declaration.
Steven Cash spoke regarding issues with the County.
Bernie Dillon spoke regarding illegal fireworks and Santa Fe Drive Kristine Schindler spoke regarding various topics.
Melissa Scharbarth spoke regarding policy for safe streets.
Laura Van Dusen spoke regarding an emergency declaration.
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08/13/2025 Regular Meeting Page 2 Mtg. #2025-____, Bk#41, Page __ Carol Parker spoke regarding ebike safety and education.
Bridget & John Chalekian spoke regarding Emery’s legacy and renaming Village Square Drive to Emery’s crossing.
George Serhan chose to postpone his comment in honor of previous speakers
Dave Dean chose to postpone his comment in honor of previous speakers.
Judy Berlfein spoke regarding Santa Fe Drive.
Margarete Ho spoke regarding an emergency declaration.
Peggy Walker spoke regarding traffic safety and marijuana policy.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported at the 6:00 p.m. regular City Council meeting that the City Council held a Closed Session at approximately 3:30 p.m. While in closed session the City Council discussed four items as listed on the Special City Council Special Meeting -Closed Session agenda as follows.
1. The first item was Conference with Legal Counsel, Significant Exposure to Litigation, Authority: Government Code 54956.9(d)(2), Number of Cases (2) Two.
2. The second item was Conference with Legal Counsel, Existing Litigation, Authority: Government Code 54956.9a; Name of Case: Peterson v. City of Encinitas, et al; WCAB Case No. ADJ11389758, WCAB Case No.
ADJ9834316, Claim No. 09-265505; 13-501385; & 23-175639
3. The third item was Conference with Legal Counsel, Existing Litigation, Authority: Government Code 54956.9a, Name of Case: City of Encinitas, et al v. Purdue Pharma, L.P. et al /Sackler, (Opioid Litigation), Case No. 19-23649 & CL-1732093
4. The fourth item was Conference with Legal Counsel, Existing Litigation, Authority: Government Code 54956.9a; Name of Case: City of Encinitas, et al v. Alvogen, Amneal, Apotex, Hikama, Indivior, Mylan, Sun, and Zydus, et al, (Opioid Litigation), Case No. CL-1762157
Regarding Item #3 and Item #4 (Opioid Cases), the City Council authorized entering into settlement for both cases and authorized the City Manager to execute all necessary future documents to settle both cases.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
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8. CONSENT CALENDAR
City Clerk Hollywood announced that members of the public pulled items 8G and 8O from the Consent Calendar.
Council Member O’Hara pulled item 8N from the Consent Calendar.
COUNCIL ACTION:
Shaffer moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of items 8G, 8N, and 8O. 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 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 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. Ratification of Assembly Bill 3 (AB 3) legislative position letter of support and Senate Bill 131 (SB 131) legislative position letter request for veto.
Contact Person: Deputy City Manager Sapa’u
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.
Recommended Action: 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. 8E. Emergency Declaration: Moonlight Beach Sewer Force Main Emergency Docusign Envelope ID: 3AA2F166-C596-40D7-8703-5EF408E78985
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08/13/2025 Regular Meeting Page 4 Mtg. #2025-____, Bk#41, Page __ Repairs. Contact Person: Principal Engineer Alex
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.
Recommended Action: Authorize emergency repairs to the Moonlight Beach Sewer Force Main under the Emergency Declaration. 8F. Acceptance of the FY 2024 Annual Sewer Rehabilitation Phase 1 Project (CC04E/CE04H). Contact Person: Principal Engineer Alex 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.
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. 2025-84, 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).”
8H. Amendment No. 2 to the Master Sports Independent Contractor Agreement.
Contact Person: Recreation Services Manager Hamer
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Approve 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.
8I. Acceptance of the Wales Drive – Crest Drive Emergency Access Gate Project (CS23E). Contact Person: Engineer I Estellar
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08/13/2025 Regular Meeting Page 5 Mtg. #2025-____, Bk#41, Page __ 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 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).
8J. Acceptance of the City Hall Parking Lot Repair Project (CF25B). 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 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).”
8K. Award a construction contract to L.C. Paving & Sealing, Inc. for the Citywide Pedestrian Crossing Upgrades Project (CS23G). Contact Person: Engineer II Barr
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 Docusign Envelope ID: 3AA2F166-C596-40D7-8703-5EF408E78985
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08/13/2025 Regular Meeting Page 6 Mtg. #2025-____, Bk#41, Page __ 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.
Recommended Action: 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).
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).
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: 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”.
8M. Award Construction Contract to Wright Construction Engineering Corp. for the 444 El Camino Real Drainage Channel Repair Project (CD25B).
Contact Person: Senior Engineer Stryker
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.
Recommended Action: 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 Docusign Envelope ID: 3AA2F166-C596-40D7-8703-5EF408E78985
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08/13/2025 Regular Meeting Page 7 Mtg. #2025-____, Bk#41, Page __ 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). 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. Contact Person: Management Analyst Flores
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) 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.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8G. Memorandum of Understanding between the City of Encinitas and the Encinitas Historical Society for a community special event. Contact Person:
Parks, Recreation and Cultural Arts Director Knopp
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Approve 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.
The speaker did not need a staff report.
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08/13/2025 Regular Meeting Page 8 Mtg. #2025-____, Bk#41, Page __ SPEAKERS:
Jim Filanc spoke in support of this item.
COUNCIL ACTIONS:
Lyndes moved, Shaffer seconded to 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. Motion Carried. Ayes:
Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
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. Contact Person: Planning Manager Anders 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. 2025-86 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.”
Council Member O’Hara removed the item from the Consent Calendar for clarification of the item.
Director of Development Services Drapkin stated that the original anticipated funding award amount of $936,264 was not included within previously approved Resolution No. 2022-114 and this item repeals Resolution 2022-114 and replaces with Resolution 2025-86 to add the funding amount to Section 3 as requested by HCD.
COUNCIL ACTIONS:
O’Hara moved, San Antonio seconded to 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.” Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None.
Abstain: None.
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08/13/2025 Regular Meeting Page 9 Mtg. #2025-____, Bk#41, Page __ 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). Contact Person: Executive Assistant to Mayor and City Council Blease Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) 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.
SPEAKERS:
Susanne Stone and Brad Lefkowits spoke regarding this item.
COUNCIL ACTIONS:
O’Hara moved, Ehlers seconded to: 1) approve the Mayor’s recommendations 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) approve the Mayor’s recommendations 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; and 3) direction to Council Member O’Hara to bring back an item for Council consideration regarding the need for and purpose of the Subcommittee. Motion Carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays: Lyndes. 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- 008054-2025) of the Planning Commission’s determination (Case No.
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08/13/2025 Regular Meeting Page 10 Mtg. #2025-____, Bk#41, Page __ 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. Contact Person: Associate Planner Carr 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.
Recommended Action: 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.
Associate Planner Carr provided a staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member San Antonio stated he had nothing to disclose.
Council Member Shaffer stated he had nothing to disclose.
Council Member O’Hara stated he had nothing to disclose.
Deputy Mayor Lyndes stated she had nothing to disclose.
Mayor Ehlers stated he had previous discussions with the appellant and appellant’s attorney, but no additional information was received that is not in the current report.
Staff responded to preliminary questions from the Council.
Mayor Ehlers opened the public hearing at 7:10 p.m.
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08/13/2025 Regular Meeting Page 11 Mtg. #2025-____, Bk#41, Page __ Bruce Evans, representing the applicant/appellant and Reja Saini, applicant/appellant presented the appeal.
SPEAKERS
Sharon Kalish, Ryan Borsh, and Katie Poponyak spoke in support of the staff recommendation to deny the appeal.
No rebuttal was presented.
Mayor Ehlers closed the public hearing at 7:23 p.m.
Staff responded to questions from the Council.
COUNCIL ACTION:
O’Hara moved, Lyndes seconded to deny the appeal and adopt 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. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent:
None. Abstain: None.
10B. Review and approve amendments to Encinitas Municipal Code Chapter
2.48 Youth Commission, Section 2.48.020 Membership. 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: 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.
City Clerk Hollywood presented the staff report and responded to questions from the City Council.
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08/13/2025 Regular Meeting Page 12 Mtg. #2025-____, Bk#41, Page __ SPEAKERS:
Carrie Kelley, Ellen Burr, and Lars Willging spoke regarding this item.
Staff responded to questions from the City Council.
COUNCIL ACTIONS:
Ehlers moved, Lyndes seconded to refer draft Ordinance 2025-09 proposing amendments to Encinitas Municipal Code Chapter 2.48 Youth Commission, Section 2.48.020 Membership to the Youth Commission for their review and recommendations to the City Council including but not limited to the addition of alternates to the commission, allowing alternates to serve on subcommittees, and seating for alternates. Motion Carried.
Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
O’Hara made a substitute motion to 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.” Motion failed for lack of a second.
The original motion was voted on:
Ehlers moved, Lyndes seconded to refer draft Ordinance 2025-09 proposing amendments to Encinitas Municipal Code Chapter 2.48 Youth Commission, Section 2.48.020 Membership to the Youth Commission for their review and recommendations to the City Council including but not limited to the addition of alternates to the commission, allowing alternates to serve on subcommittees, and seating for alternates. 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 8:14 p.m., and reconvened the meeting at 8:29 p.m.
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. Contact Persons: Principal Planner Maynard, Sustainability Manager Najera, and Interim Fire Marshall Villagomez
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, Docusign Envelope ID: 3AA2F166-C596-40D7-8703-5EF408E78985
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08/13/2025 Regular Meeting Page 13 Mtg. #2025-____, Bk#41, Page __ 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.
Recommended Action: 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).
Director of Development Services Drapkin, Sustainability Manager Najera, Fire Chief Gordan, Interim Fire Marshall Villagomez, and Management Analyst Lamkin, and Consultant Misti Bruceri presented the staff report and responded to questions from the Council.
SPEAKERS:
Patty Stottlemyer, Judy Berlfein, Dan Hume, and Kristine Schindler spoke on this item.
COUNCIL ACTION:
Ehlers moved, O’Hara seconded to table this item and continue to a special meeting with a date certain of August 27, 2025 with direction to staff to bring back as much information and clarity regarding the implications of AB 130 and to provide the public with an opportunity to weigh in including options for the City, implications of adopting or not adopting the reach codes, and what happens in 3 years. Motion Carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays:
Lyndes. Absent: None. Abstain: None.
COUNCIL ACTION:
Shaffer moved, O’Hara seconded to extend the meeting past 10:00 p.m. Motion Carried. Ayes: Ehlers, Lyndes O’Hara, San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
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11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
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.
Recommended Action: Direct City Staff and City Attorney to review ordinance 9.01.010 and update the ordinance to remove the clause “at night.”
Council Member O’Hara presented the item.
Sheriff’s Captain Watts responded to questions from the Council.
SPEAKERS:
Elizabeth Whitteker and Ellen Burr spoke regarding this item.
Molly Hintlian and Bernie Dillon registered support for the recommended action but chose not to speak.
COUNCIL ACTIONS:
Shaffer moved, Ehlers seconded to direct City Staff and City Attorney to review ordinance 9.01.010 and update the ordinance to remove the clause “at night.” Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None. Abstain: None. 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.
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08/13/2025 Regular Meeting
08/13/2025 Regular Meeting Page 15 Mtg. #2025-____, Bk#41, Page __ Recommended Action: 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.
Council Member O’Hara presented the item.
Sheriff’s Captain Watts responded to questions from the Council.
SPEAKERS:
Brian Stone spoke regarding this item.
Molly Hintlian, Patty Stottlemyer, and Bernie Dillon registered support for the recommended action but chose not to speak.
The City Council took no action on this item.
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.
Recommended Action: 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.”
Council Member O’Hara presented the item.
Sheriff’s Captain Watts responded to questions from the Council.
SPEAKERS:
Cynthia Cooly and Brian Stone spoke regarding this item.
Molly Hintlian, Patty Stottlemyer, and Bernie Dillon registered support for the recommended action but chose not to speak.
COUNCIL ACTIONS:
Ehlers moved, O’Hara seconded to direct staff to amend Encinitas Municipal Code Chapter 9.01.025 as follows: 1) Change 9.01.025 title Docusign Envelope ID: 3AA2F166-C596-40D7-8703-5EF408E78985
08/13/2025 Regular Meeting
08/13/2025 Regular Meeting Page 16 Mtg. #2025-____, Bk#41, Page __ to Regulating Sleeping in Vehicles on a Public Street or Public Property; and 2) change 9.01.025.A times from “10:00 p.m. and 6:00 a.m.” to “8:00 p.m. and 6:00 a.m.” Motion Carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays: Lyndes. Absent: None.
Abstain: None.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF - CONTINUED Katie Ho spoke regarding a street name change and safe streets.
Patty Stottlemyer spoke regarding traffic in the City.
Brad Lefkowitz spoke regarding traffic safety.
Victoria McQuinn spoke regarding code enforcement.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member O’Hara reported on a tour of the SEJPA facility and an NCTD Board meeting.
Mayor Ehlers reported on attending multiple SANDAG meetings and an Encina Wastewater Authority Board meeting.
14. CITY MANAGER REPORTS
City Manager Campbell provided an update on the D Street Staircase repair project.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
No City Clerk report was given.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 11:52 p.m. in memory of Bob and Joanne Bonde. He stated that he would be presenting a proclamation to members of the Bonde family at the August 27, 2025 City Council meeting.
_________________________ ____________________________ Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Jackie Rapp, Management Analyst
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