01/21/2026 Regular Meeting Page 1 Mtg. #2026-____, Bk#41, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 21, 2026, 6:00 P.M., 505 SOUTH VULCAN AVENUE,
ENCINITAS, CA 92024
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:01 p.m.
2. ROLL CALL
Present: Mayor Bruce Ehlers, Deputy Mayor Jim O’Hara, Council Members Joy Lyndes, Marco San Antonio, and Luke Shaffer
Absent: None
Also present: City Manager Campbell, Interim City Attorney Thind, Fire Chief Gordon, Director of Finance Gallup, 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. Proclamation in Recognition of Certified Green Businesses: Surfdog’s; Java Hut; Encinitas Periodontics and Dental Implants; Solana Center for Environmental Innovation; Encinitas Public Library; and Pacific View Arts Center
Mayor Ehlers presented the Proclamations in Recognition of Certified Green Businesses to Encinitas Periodontics and Dental Implant; Encinitas Public Library; Pacific View Arts Center; Solana Center for Environmental Innovation; and Surfdog’s Java Hut and Surfdog’s/DKM Music Center. 4B. Presentation of CERT Program Update
Fire Chief Gordon and Emergency Manager Jones-Kirk presented an update on the CERT Program and responded to Council questions.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Steve Korts spoke regarding traffic safety improvements on South Willow Springs Drive.
Jeff Warner spoke regarding housing developments within the City.
Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 2 Mtg. #2026-____, Bk#41, Page __ Beth Whitteker spoke regarding individual Council affiliations and transparency.
Wes Sechrest spoke regarding flooding on his property.
Scott Campbell spoke on various topics.
Ellen Burr spoke on various topics
Terri Skelly spoke regarding marijuana.
Diana Kutlow spoke on various topics.
Theresa Beauchamp spoke regarding the Safe Parking Program status.
Dave Dean spoke on various topics.
6. REPORT FROM CLOSED SESSION
There was no Closed Session.
7. CHANGES TO THE AGENDA
Deputy City Clerk Weichers announced that there were no changes to the posted agenda.
8. CONSENT CALENDAR
Deputy City Clerk Weichers announced that Consent Calendar items 8J and 8N were removed from the Consent Calendar by Mayor Ehlers.
COUNCIL ACTION:
Shaffer moved, San Antonio seconded to close and adopt the Consent Calendar with the exception of items 8J and 8N. 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 December 10, 2025, Regular Meeting; December 17, 2025, Special-Closed Session Meeting; and December 17, 2025, Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes.
Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 3 Mtg. #2026-____, Bk#41, Page __ 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. A Memorandum of Understanding (MOU) between the City of Encinitas and Art Can’t Hurt You to host the Arts Alive Banner Program. Contact Person:
Arts Supervisor Roberts
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 a Memorandum of Understanding with Art Can’t Hurt You in conjunction with the City Attorney in substantial form, between the City of Encinitas and Art Can’t Hurt You to host Arts Alive Banner Program.
8E. Adoption of Ordinance 2025-19 amending Encinitas Municipal Code Chapter 6.13 Special Operations Permit: Use of Public Beaches for Professional Surf Instruction. Contact Person: Senior Management Analyst Gilliam
Environmental Considerations: The action considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Ordinance 2025-19 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 6.13 Special Operations Permit: Use of Public Beaches for Professional Surf Instruction.”
8F. Adoption of Ordinance No. 2025-22 Amending Encinitas Municipal Code Section 2.35.030 Regarding Public Health and Safety Commission Meetings. 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 Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 4 Mtg. #2026-____, Bk#41, Page __ government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Ordinance No. 2025-22, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.35.030 Regarding Public Health and Safety Commission Meetings.”
8G. Adopt Ordinance No. 2025-18 adding Encinitas Municipal Code Chapter
2.42 Establishing a Business Commission. Contact Person: Management Analyst III Welnick
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 Ordinance No. 2025-18 titled “An Ordinance of the City Council of the City of Encinitas, California, Adding Encinitas Municipal Code Chapter 2.42 to Establish a Business Commission.”
8H. Adoption of Ordinance No. 2025-15 for City Council initiated amendments to Encinitas Municipal Code Chapter 9.01 (General Offenses). Contact Person: Associate Planner Brenner
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” pursuant to 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 City Council Ordinance No. 2025-15, titled “An Ordinance of the City Council of the City of Encinitas, California, Adopting Amendments to Chapter 9.01 (General Offenses) of the Encinitas Municipal Code Relating to Camping and Sleeping in Vehicles.” 8I. Amendment No. 6 to the Civic Solutions, Inc. contract agreement for continued contractual planner support through the end of Fiscal Year 2025-
26. Contact Person: Planning Manager Maynard
Environmental Considerations: The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not a “project” as defined in Section 15378(b)(5). The action involves an Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 5 Mtg. #2026-____, Bk#41, Page __ organizational or administrative activity of government that will not result in direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager in consultation with the City Attorney to amend the Professional Servies Agreement with Civic Solutions, Inc., (Contract# 24300094) to increase funds authorized by $80,000, for a total not-to-exceed amount of $430,199 for Fiscal Year 2025- 26 and a total not-to-exceed contract amount of $2,078,986 over the five- year life of the Agreement.
8K. Acceptance of the 444 El Camino Real Drainage Channel Repair Project (CD25B). 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. 2026-001, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the 444 El Camino Real Drainage Channel Repair Project (CD25B)”.
8L. Acceptance of the FY 2024-25 Pavement Rehabilitation Project (CS25A).
Contact Person: Engineer II Suleiman
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. 2026-04, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the FY 2024-25 Pavement Rehabilitation Project (CS25A).” Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 6 Mtg. #2026-____, Bk#41, Page __ 8M. Award Professional Services Contract to Kleinfelder, Inc. to provide structural engineering services for the Bridge Structure Condition Assessment Report (WC26B). Contact Person: Senior Engineer Stryker Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Protection 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, or designee, to execute a contract in substantial form and any necessary amendments and time extensions, in consultation with the City Attorney, with Kleinfelder, Inc. in the amount of $231,940 plus an 18.5% contingency of $43,060 for a total contract not-to-exceed amount of $275,000 to evaluate the City’s bridges and develop a comprehensive condition assessment report and a 10-year capital maintenance program for the Bridge Structure Condition Assessment Report (WC26B).
8O. Letter of Opposition to SB 677 (Wiener) Housing Development: Transit- Oriented Development. Contact Person: Deputy City Manager James 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: Ratify the Letter of Opposition to SB 677 (Wiener) Housing Development: Transit-Oriented Development.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8J. Authorization of Amendment No. 2 to the General Services and Beach Maintenance Agreement with Whillock Contracting, Inc. associated with the Opportunistic Beach Fill Program (OBFP)/Sand Compatibility and Opportunistic Use Program (SCOUP), using available budget in Capital Improvement Project No. WB08C, to increase the current service contract agreement amount by $350,000, to support the sediment deposit effort of the Greystar SCOUP permit, which consists of placement of approximately 9,400 cubic yards of compatible sand sediment material at Leucadia State Beach (adjacent to Beacons Beach). Contact Person: Coastal Zone Program Administrator Mierau
Environmental Considerations: An existing Mitigated Negative Declaration (MND; SCH No. 2013111057) is certified and in place as it Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 7 Mtg. #2026-____, Bk#41, Page __ relates to the existing development permit for the OBFP/SCOUP Program (WB08C). However, the contract amendment action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because the additional funding being requested as part of this is existing contract is not a “project” pursuant to Section 15378(b)(5). The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.
Recommended Action: Authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment No. 2 to the General Services and Beach Maintenance Agreement with Whillock Contracting, Inc. to facilitate the installation of the Greystar SCOUP sediment placement at Leucadia State Beach, in substantial form with proposed scope and cost.
Coastal Zone Program Administrator Mierau responded to Council questions.
COUNCIL ACTION:
Ehlers moved, O’Hara second to authorize the City Manager, or designee, in consultation with the City Attorney, to execute Amendment No. 2 to the General Services and Beach Maintenance Agreement with Whillock Contracting, Inc. to facilitate the installation of the Greystar SCOUP sediment placement at Leucadia State Beach, in substantial form with proposed scope and cost. Motion Carried.
Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays: None. Absent: None. Abstain: None.
8N. Authorize the award of a Professional Services Contract to RICK for the Storm Drain System Condition Assessment (CD26B). Contact Person:
Engineer I Esteller
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Protection 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 City Manager, or designee, to execute a contract in substantial form 1 and any necessary amendments and time extensions, in consultation with the City Attorney, with RICK in the amount of $750,455 plus contingency of $49,545 for a total contract not-to- exceed amount of $800,000 to evaluate the City’s underground drainage infrastructure and develop a comprehensive condition assessment report Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 8 Mtg. #2026-____, Bk#41, Page __ and a five-year capital maintenance program for the Storm Drain System Condition Assessment Project (CD26B); and 2) Adopt City Council Resolution No. 2026-05, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget” to increase the Storm Drain System Condition Assessment Project (CD26B) by $300,000 for a revised budget of $800,000.
Staff responded to Council questions.
COUNCIL ACTION:
Ehlers moved, Shaffer second to: 1) 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 RICK in the amount of $750,455 plus contingency of $49,545 for a total contract not-to-exceed amount of $800,000 to evaluate the City’s underground drainage infrastructure and develop a comprehensive condition assessment report and a five-year capital maintenance program for the Storm Drain System Condition Assessment Project (CD26B); 2) Adopt City Council Resolution No. 2026-05, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget” to increase the Storm Drain System Condition Assessment Project (CD26B) by $300,000 for a revised budget of $800,000; and 3) direct staff to negotiate for an earlier start date with the contractor at no cost and integrate construction and funding into the schedule so we get early red flag feedback and can start construction as soon as possible.
Motion Carried. 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. Presentation of the City’s Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended June 30, 2025. Contact Person: Finance Manager Attili
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: Accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025.
Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 9 Mtg. #2026-____, Bk#41, Page __ Finance Manager Attili; Director of Finance Gallup; and Consultant Coley Delaney, Partner with The Pun Group, LLC presented the staff report and responded to Council questions.
Scott Campbell spoke regarding this item.
There was consensus from the Council to accept and file the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025 Mayor Ehlers called the meeting into recess at 8:18 p.m., and reconvened the meeting at 8:30 p.m.
10B. Annual Report Concerning the Mitigation Fee Act for Fiscal Year 2024-25.
Contact Person: Finance Analyst Ramos
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: Review and file the Annual Development Impact Mitigation Fee Report for Fiscal Year Ended June 30, 2025.
Finance Manager Ramos, Director of Finance Gallup, Director of Engineering Nutter presented the staff report and responded to questions.
There was consensus from the Council to file the Annual Development Impact Mitigation Fee Report for Fiscal Year Ended June 30, 2025.
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 create business hours (hour of operation) for the City of Encinitas.
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.
Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 10 Mtg. #2026-____, Bk#41, Page __ Recommended Action: Direct staff to collaborate with the Sheriff’s Department, Chamber of Commerce, and City Attorney to create hours of operation for business in the City of Encinitas.
Deputy Mayor O’Hara presented the staff report.
SPEAKERS:
Fabian Gonell spoke regarding this item.
Karen Kaden, Dennis Kaden, Molly Hintlian, and Rachel Graves registered support for the recommended action but chose not to speak.
COUNCIL ACTION:
Ehlers moved, Shaffer seconded to direct the Business Commission to review hours of operation for businesses within the City and to meet with 24-hour business owners to gather feedback on the potential drafting of an ordinance to restrict operating hours within the City.
O’Hara made a substitute motion, San Antonio seconded to direct City Staff to collaborate with the Sheriff’s Department to conduct preliminary research, gather public input, and research a draft ordinance to bring to Council for review as soon as possible; invite local businesses including 24-hour business owners, Chambers, and all business associations to attend that meeting and provide feedback; and move forward with the process of creating an ordinance to restrict business hours within the City. Motion Carried. Ayes:
Ehlers, O’Hara, San Antonio, and Shaffer. Nays: Lyndes. Absent None. Abstain: None.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member San Antonio reported he attended a San Diego Community Power Board Meeting.
Council Member Shaffer reported he attended the Reginal Solid Waste Association Meeting, and he attended a San Elijo Joint Powers Association and was named the Board Chair at the meeting.
Council Member O’Hara reported he attended a North County Transit District Board meeting.
Mayor Ehlers reported he attended two SANDAG Board Meetings.
Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D
01/21/2026 Regular Meeting
01/21/2026 Regular Meeting Page 11 Mtg. #2026-____, Bk#41, Page __
14. CITY MANAGER REPORTS
City Manager Campbell gave information on the upcoming Grand View Stairs Repair Project; the D Street Stairs Project which will be complete at the end of this month; and provided an update on Immigration and Customs Enforcement operations within the City.
15. CITY ATTORNEY REPORTS
No City Attorney report was given
Deputy City Clerk Weichers reported that the Boards and Commission recruitment is still open for all non-incumbents and will close tomorrow, January 22, 2026, at 5:00 p.m.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 9:38 p.m.
_______________________________ __________________________ Pete Weichers, Deputy City Clerk Bruce Ehlers, Mayor By: Jackie Rapp, Management Analyst
Docusign Envelope ID: 966BEE6D-8D48-41BA-B6D8-014D0B4D6D1D