08/27/2025 Regular Meeting Page 1 Mtg. #2025-____, Bk#41, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 27, 2025, 6:00 P.M., 505 SOUTH VULCAN AVENUE,
ENCINITAS, CA 92024
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Bruce Ehlers, Deputy Mayor Joy Lyndes, Council Members Jim O’Hara (arrived at 6:06 p.m.), Marco San Antonio, and Luke Shaffer
Absent: None
Also present: Assistant City Manager Schwarm, City Attorney Preziosi, Interim Director of Engineering Magdosku, Director of Parks, Recreation and Cultural Arts Knopp, Fire Chief Gordon, Deputy City Clerk Weichers, and Management Analyst Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Proclamation honoring the life and legacy of Robert “Bob” Bonde
Mayor Ehlers presented the proclamation to Jennifer Allen, daughter of honoree, Bob Bonde in recognition of the life and legacy of Robert “Bob” Bonde.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mayor Ehlers stated that due to the number of speakers under oral communications the first 10 speakers would be heard, and the remaining speakers would be heard after item 12B.
Elizabeth Whitteker spoke regarding council actions.
Bernie Dillon spoke regarding illegal fireworks.
Kristine Schindler shared a video regarding traffic safety.
Jessie Conn spoke regarding past comments and prior council action.
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08/27/2025 Regular Meeting Page 2 Mtg. #2025-____, Bk#41, Page __ Melissa Scharbarth spoke regarding Emery’s legacy and renaming Village Square Drive to Emery’s Crossing.
Ellen Burr spoke regarding various topics.
Diana Kutlow from Senator Blakespear’s office spoke regarding the Sante Fe Corridor.
Scott Campbell spoke regarding various topics.
Eleanor Bushnell spoke regarding safety within the City.
Natalie Settoon spoke regarding a proposed proclamation for women’s sports.
6. REPORT FROM CLOSED SESSION
There was no Closed Session.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
Deputy City Clerk Weichers announced that a member of the public pulled item 8D from the Consent Calendar.
COUNCIL ACTION:
Shaffer moved, San Antonio seconded to close and adopt the Consent Calendar with the exception of item 8D. 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 Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. Reject all bids for the El Camino Real and Via Molena Storm Drain Replacement Project (CD25A). Contact Person: Engineer I Esteller Docusign Envelope ID: D51588DF-39E0-4F8D-B6FC-C8F38409B000
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08/27/2025 Regular Meeting Page 3 Mtg. #2025-____, Bk#41, Page __ 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) Reject all bids received for construction of the El Camino Real and Via Molena Storm Drain Replacement Project (CD25A); and 2) Direct staff to value engineer the scope of work for the compromised Corrugated Metal Pipe (CMP) beneath El Camino Real near Via Molena and re-bid the project.
8E. Acceptance of the Olivenhain Trail Enhancements Project (CP23E).
Contact Person: Senior Engineer Baldenegro
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) 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. 2025-85, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Olivenhain Trail Enhancements Project (CP23E).”
8F. Award Construction Contract to HSCC Inc. for the Grandview Stairs Repair Project (CP23A) and Adopt Resolution No. 2025-80 to Fund Repairs to the Grandview Beach Access Stairway. Contact Person: Senior Engineer Stryker
Environmental Considerations: This project is Categorically Exempt (CE) from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (d) of the CEQA Guidelines. This section exempts rehabilitation of deteriorated or damaged structures to meet current standards of public health and safety.
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 HSCC, Inc. in the amount of $640,102 plus 15 percent contingency of $96,015 for a total Docusign Envelope ID: D51588DF-39E0-4F8D-B6FC-C8F38409B000
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08/27/2025 Regular Meeting Page 4 Mtg. #2025-____, Bk#41, Page __ construction contract not-to-exceed amount of $736,117 for construction of the Grandview Stairs Repair Project (CP23A); and 2) Adopt City Council Resolution No. 2025-80, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget” to increase the Grandview Stairs Project (CP23A) by $468,237. 8G. Annual Holiday Banners and Downtown Lighting MOU with Encinitas 101 Mainstreet Association (E101). 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 the City Manager to execute the new Memorandum of Understanding (MOU) with Encinitas 101 Mainstreet Association for Annual Holiday Banners and Downtown Lighting, in consultation with the City Attorney, in substantial form as set forth in Attachment 1 of the agenda report.
8H. Acceptance of a donation from Encinitas Community Emergency Response Team (CERT), Inc. 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) City Council to accept the monetary donation from Encinitas CERT, Inc. which will be used to purchase equipment and supplies to support the City’s Encinitas CERT program; and 2) Approve Resolution No. 2025-93, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget.” 8I. Authorize to enter into a Professional Services Agreement with Bureau Veritas Technical Assessment LLC to provide a citywide Facilities Condition Assessment. 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.
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08/27/2025 Regular Meeting Page 5 Mtg. #2025-____, Bk#41, Page __ Recommended Action: 1) Authorize the City Manager, or designee, in consultation with the City Attorney, to execute an agreement with Bureau Veritas Technical Assessments LLC for professional services in substantial form, in the amount of $339,377.66, plus a five percent (5%) contingency, for a one-year-term, with an option to extend upon mutual consent, for one additional one-year term, for a not-to-exceed two-year term and for a total agreement cost not to exceed $356,346.54; and 2) Adopt Resolution No. 2025-49 titled, “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8D. Approve Design and Plans and Request to Advertise for the Glen Park ADA Improvements Project (CF18A). Contact Person: Senior Engineer Baldenegro
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 the plans for the Glen Park ADA Improvements Project (CF18A); 2) Adopt Resolution No. 2025-90 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Design and Plans for Construction of the Glen Park ADA Improvements Project (CF18A), Pursuant to Government Code Section 830.6.”; and 3) Authorize the advertisement of the Glen Park ADA Improvements Project (CF18A) for construction bids.
Principle Engineer Widelski and Interim Director of Engineering Magdosku presented the staff report.
SPEAKERS:
Ellen Burr and Kristine Shindler spoke on this item.
Principle Engineer Widelski, Senior Engineer Baldenegro, and Director of Parks, Recreation and Cultural Arts Knopp answered Council questions.
COUNCIL ACTIONS:
Shaffer moved, Lyndes seconded to: 1) Approve the plans for the Glen Park ADA Improvements Project (CF18A); 2) Adopt Resolution No. 2025-90 titled, “A Resolution of the City Council of the City of Encinitas, California, Approving the Design and Plans for Construction of the Glen Park ADA Improvements Project (CF18A), Pursuant to Government Code Section 830.6;” and 3)Authorize the advertisement of the Glen Park ADA Improvements Project (CF18A) Docusign Envelope ID: D51588DF-39E0-4F8D-B6FC-C8F38409B000
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08/27/2025 Regular Meeting Page 6 Mtg. #2025-____, Bk#41, Page __ for construction bids. 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. Updates to the City of Encinitas Permit Parking Program and Municipal Code Chapter 14.41 and Introduction of Ordinance No. 2025-06 and Updates to City of Encinitas Municipal Code 14.42 and Introduction of Ordinance No. 2025-13. Contact Person: City Traffic Engineer Bandegan 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) Conduct a public hearing regarding amending Chapter 14.41, Permit Parking Zones, and Chapter 14.42 Parking Violation Enforcement of the Encinitas Municipal Code; 2) Receive the report by Dixon Resources Unlimited, Inc. on City of Encinitas’ Permit Parking Program; 3) Introduce Ordinance No. 2025-06, titled “An Ordinance of the City Council of the City of Encinitas, California, amending Chapter 14.41, Permit Parking Zones, of the Encinitas Municipal Code”; and 4) Introduce Ordinance No. 2025-13, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Chapter 14.42, Parking Violation Enforcement, of the Encinitas Municipal Code.”
Interim Director of Engineering Magdosku stated that Ana Nava-Colin, Certified Professional Translator, was available for translation services on this item.
Interim Director of Engineering Magdosku and Ben Verdugo Consultant with Dixon Resources Unlimited presented the 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.
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08/27/2025 Regular Meeting Page 7 Mtg. #2025-____, Bk#41, Page __ Deputy Mayor Lyndes stated she had nothing to disclose.
Mayor Ehlers stated he had nothing to disclose.
Interim Director of Engineering Magdosku, City Traffic Engineer Bandegan, Ben Verdugo Consultant with Dixon Resources Unlimited answered preliminary questions from the Council.
Mayor Ehlers opened the public hearing at 7:09 p.m.
SPEAKERS
Molly Hintlian, Sandra Anderson, Wendy Scheler, Steven Gerken, Karen Kaden, Dennis Kaden, and Ellen Burr spoke regarding this item.
Mayor Ehlers closed the public hearing at 7:35 p.m.
Staff responded to questions from the Council.
COUNCIL ACTION:
Ehlers moved, O’Hara seconded to create a subcommittee of Mayor Ehlers and Council Member Shaffer to finalize the ordinance language based on community input; conduct a line-by-line review of the proposed ordinance; and hold publicly noticed community meetings as needed that include participation from residents of Zone D. 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 7:49 p.m., and reconvened the meeting at 8:03 p.m.
10B. Proposed Public Health & Safety Commission Work Plan for Fiscal Year 2026. 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: Approve the proposed Fiscal Year 2026 Public Health and Safety Commission Work Plan.
Fire Chief Gordon, Public Health and Safety Commission Chair Morton, and Senior Management Analyst Jones-Kirk presented the staff report and responded to preliminary questions from the City Council.
Natalie Settoon spoke regarding this item.
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08/27/2025 Regular Meeting Page 8 Mtg. #2025-____, Bk#41, Page __ Staff responded to questions from the Council.
COUNCIL ACTIONS:
Ehlers moved, O’Hara seconded to approve the proposed Fiscal Year 2026 Public Health and Safety Commission Work Plan with the following amendments: remove Goals 4 and 6; combine Goals 3 and 5 into a single goal to review and comment on the Homeless Action Plan polices, goal and plan; add Kratom to Goal 2; and as time permits, review and revise goals as needed to reflect changes affecting the Safety Element. Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None. Abstain: None. 10C. Leucadia Oaks Native Plant Demonstration Garden Design Concepts.
Contact Person: Park Operations Manager Norgard
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: Receive a presentation from staff on the Leucadia Oaks Native Plant Demonstration Garden and select a preferred design concept.
Park Operations Manager Norgard and Howard Pierce Landscape Architect with MW Peltz + Associates, Inc., presented the staff report and responded to questions from the Council.
SPEAKERS:
Mark Wisniewski, Dave Billings, and Sheila Cameron spoke on this item.
COUNCIL ACTION:
Shaffer moved, O’Hara seconded to select design concept one.
Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None. Abstain: None.
COUNCIL ACTION:
O’Hara moved, San Antonio 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.
11. INFORMATIONAL ITEMS
There were no Informational items.
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12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Council Member Jim O’Hara regarding Clark Avenue Apartments – Fire Apparatus Access Compliance and SB 35 Eligibility.
Environmental Considerations: This action is exempt from CEQA as it is not a “project” under CEQA Guidelines § 15378(b)(5). It directs staff to evaluate and enforce existing code requirements and does not itself authorize construction or a physical change to the environment.
Recommended Action: 1) Place the residents’ August 6, 2025 demand letter into the official record and agendize it for full Council review; 2) Suspend further permit processing for the Clark Avenue Apartments until full compliance with Encinitas Municipal Code § 321.3 is demonstrated, or a lawful modification under California Fire Code § 104.8 is produced with the required findings; 3) Evaluate the project’s eligibility under SB 35 in light of the fire code deviations and AMMR requirement; 4) Initiate CEQA review of the project, consistent with its discretionary status; and 5) Report back to Council on corrective steps and the potential legal exposure if the City continues ministerial processing despite these deviations from both the procedural requirements and the substantive provisions of the Encinitas Municipal Code and California Fire Code.
Council Member O’Hara presented the report and provided a presentation.
SPEAKERS:
Philip Senese, Bryan Campbell, Mike Grudek, Cynthia Shey Palmer, Kathleen McDowell, Marco Gonzalez, Jeff Miller, Rachel Graves, and Karen Kaden spoke regarding this item.
Steve Nolan, Bernie Dillon, Natalie Settoon, and Mandi Grudek registered support for the recommended action but chose not to speak.
Chief Gordon, Assistant Director of Development Services Openshaw, and Interim Director of Engineering Magdosku responded to questions from the Council.
COUNCIL ACTIONS:
Ehlers moved, to schedule a closed session to discuss the threat of litigation next Tuesday. Motion failed due to a lack of second.
O’Hara moved, Shaffer seconded to schedule a closed session at the earliest possible time based on outside counsel’s availability to discuss the threat of litigation; direct the City Manager to consult with outside counsel and identify a new, appropriate attorney for this type of litigation; continue and agendize the report for the September 10, Docusign Envelope ID: D51588DF-39E0-4F8D-B6FC-C8F38409B000
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08/27/2025 Regular Meeting Page 10 Mtg. #2025-____, Bk#41, Page __ 2025, Council meeting including the following; , “direct staff to look at suspending all further ministerial processing of Clark Avenue Apartments project unless compliance of the objective standards is demonstrated; recognize that any modification under CFC 104.8 and 104.9 is discretionary and therefore requires further review before further permits can proceed; direct the fire department to connect with the city on written findings; direct staff to evaluate and report on the projects eligibility under government code 65583.2hi in light of its failure to meet objective fire safety standards and its reliance on discretionary approvals; direct staff to initiate review of the project with preparation of a full environmental impact report addressing at minimum fire access, traffic safety, and air quality impact from the freeway agency; and lastly direct the City Manager and the City Attorney to retain outside counsel to verify these issues and advise the City Council on corrective steps and potential legal exposure if theCcity were to proceed under unlawful ministerial processing.” Motion Carried. Ayes: Ehlers, O’Hara, San Antonio, and Shaffer.
Nays: Lyndes. Absent: None. Abstain: None.
12B. Council initiated item from Deputy Mayor Lyndes to approve a Resolution (2025-95) to acknowledge our long-standing support for traffic calming and declare ongoing support for traffic calming in our city.
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 direct or indirect physical change in the environment.
Recommended Action: Approve the Resolution No. 2025-95 to acknowledge long standing community support for traffic calming and ratify to continue to improve and support traffic calming in Encinitas, titled “A Resolution of the City Council of the City of Encinitas Acknowledging Long Standing Community Support and Ratifying Continued City Support for Traffic Calming.”
Deputy Mayor Lyndes presented the report.
SPEAKERS:
Molly Hintlian, Bernie Dillon, Natalie Settoon, Laura Van Dusen, Ron Medak, Dr. Jack Santone, Leigh Ratcliffe, Rebecca Troyan, Rhiana Colur, Chris Giles, Laura Grimmer, Aaron Hebshi, Lara Grimmer, Rachel Graves, and Brad Lefkowitz spoke regarding this item.
Karen Koblentz registered support but chose not to speak.
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08/27/2025 Regular Meeting Page 11 Mtg. #2025-____, Bk#41, Page __ COUNCIL ACTIONS:
Lyndes moved to approve Resolution No. 2025-95 to acknowledge long standing community support for traffic calming and ratify to continue to improve and support traffic calming in Encinitas, titled “A Resolution of the City Council of the City of Encinitas Acknowledging Long Standing Community Support and Ratifying Continued City Support for Traffic Calming.” Motion failed for lack of a second.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF - CONTINUED Sheila Cameren spoke regarding blinking crosswalk lights.
Bob Ayers spoke regarding a community event last Saturday regarding Santa Fe Drive.
Dave Dean spoke regarding meeting time management.
Laura Van Dusen spoke regarding traffic safety.
Jermey Ross spoke regarding council prior council action.
Bryan Campbell spoke regarding Lyme Disease.
Rhonda Graves congratulated Assistant City Manager Schwarm on her new position and spoke regarding traffic safety.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
NoCity Council member reports were given.
14. CITY MANAGER REPORTS
Assistant City Manager Schwarm reported that a community meeting to discuss the proposed bike route design plans will be held on August 28, 2025; construction on the D Street Stairs began today; and City Hall will be closed on Monday, September 1, 2025, in observance of Labor Day.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
No City Clerk report was given.
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16. ADJOURNMENT
Mayor Ehlers adjourned the meeting on Thursday, August 28, 2025, at 1:02 a.m.
_________________________ ____________________________ Pete Weichers, Deputy City Clerk Bruce Ehlers, Mayor
By: Jackie Rapp, Management Analyst
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