02/25/2026 Regular Meeting Page 1 Mtg. #2026-____, Bk#41, Page ___
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 25, 2026, 6:00 P.M., 505 SOUTH VULCAN AVENUE,
ENCINITAS, CA 92024
1. CALL TO ORDER
Mayor Ehlers called the meeting to order at 6:02 p.m.
2. ROLL CALL
Present: Mayor Bruce Ehlers, Deputy Mayor Jim O’Hara (arrived at 6:06 p.m.), Council Members Joy Lyndes, Marco San Antonio, and Luke Shaffer
Absent: None
Also present: City Manager Campbell, Assistant City Manager Schwarm, Interim City Attorney Thind, Sheriff Captain Watts, Fire Chief Gordon, Director of Engineering Nutter, Director of Development Services Drapkin, Interim City Clerk Weichers, and Interim Deputy City Clerk Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Presentation of Check from The Encinitas Project
Mayor Ehlers accepted a check from members of The Encinitas Project. 4B. Quarterly Sheriff’s Update
Sheriff Captain Watts presented the Quarterly Sheriff update and responded to questions from the Council.
4C. Quarterly Fire Department Update
Fire Chief Gordon and Deputy Fire Chief Sanchez presented the Fire Department update and responded to questions from the Council.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Sheila Cameron spoke regarding City Commissions.
Tony Kranz spoke on various topics.
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02/25/2026 Regular Meeting Page 2 Mtg. #2026-____, Bk#41, Page __ Stuart Donelson spoke regarding ICE activity in the City.
Stephen Lord spoke regarding natural gas use.
Ellen Burr spoke regarding the Citizen Participation Program process.
Philip Koekemoer spoke regarding City ordinances regarding view impacts.
Marisa Patel, George Guntrip, Jonah Figerora, and Jackson Elliott spoke regarding plastic use and marine debris.
6. REPORT FROM CLOSED SESSION
The Closed Session was cancelled and Interim City Attorney Thind answered Council questions regarding the notice of cancellation
7. CHANGES TO THE AGENDA
Deputy City Clerk Weichers announced there were no changes to the posted agenda.
8. CONSENT CALENDAR
Interim City Clerk Weichers announced that items 8G and 8F were pulled from the Consent Calendar by members of the public.
COUNCIL ACTION:
San Antonio moved, O’Hara seconded to close and adopt the Consent Calendar with the expedition of 8F and 8G. 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: Interim City Clerk Weichers
Recommended Action: Approve.
8B. Approval of the Minutes of the February 11, 2026, Special-Closed Session Meeting; and February 11, 2026, Special Meeting. Contact Person: Interim City Clerk Weichers
Recommended Action: Approve the Minutes.
8C. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
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02/25/2026 Regular Meeting Page 3 Mtg. #2026-____, Bk#41, Page __ Recommended Action: Staff recommends that the City Council review and approve the warrants.
8D. Authorization to award a Five-Year lease renewal for Kyocera Printer Fleet and Managed Print Services. Contact Person: IT Operations and Engineering Supervisor O’Connor
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 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it 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 to renew the Kyocera Document Solutions lease agreement with US Bank in the amount of $29,152 annually. FY 2025-26 includes a onetime origination fee of $125.
For a total not to exceed amount of $145,885; 2) Authorize the City Manager to renew the Kyocera Maintenance and Supply Agreement for the annual amount of $30,000 from FY 2025-26 through FY 2030-31 for a total not to exceed amount of $150,000.
8E. Acceptance of the D Street Staircase Emergency Repair Project (CX25A).
Contact Person: Senior Engineer Ben 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 the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The actions are also exempt from CEQA under section 15378(b)(5) of the CEQA Guidelines because it 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; 4) Adopt City Council Resolution No. 2026-11, titled “A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the D Street Staircase Emergency Repair Project (CX25A)”; and 5) Adopt City Council Resolution No. 2026-12, titled “A Resolution of the City Council of Docusign Envelope ID: 905BAE6F-0E74-4343-A112-BDBD8EC6286D
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02/25/2026 Regular Meeting Page 4 Mtg. #2026-____, Bk#41, Page __ the City f Encinitas, California, Amending the Fiscal Year 2025-26 Budget” to appropriate $1,007,419 to the D Street Staircase Emergency Repair Project (CX25A).
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8F. Authorize the award of a professional services contract to Michael Baker International, Inc. for the Santa Fe Drive Western Phase Modification Project (CS19E). Contact Person: Engineer II Suleiman
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 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it 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, in consultation with the City Attorney, to execute a contract in substantial form and any necessary amendments and time extensions with Michael Baker International, Inc. for $417,634, plus a 10 percent contingency of $41,764 for a total cost not-to-exceed $459,398 for the design of the Santa Fe Drive Western Phase Modification Project (CS19E).
Engineer Suleiman presented the staff report
Tony Kranz, Bernie Dillon, Jeremey Blakespear, Dadla Ponizil, Chris Giles, Molly Hintlian, Judy Berlfein, Howard La Grange, David Edwards, Natalie Settoon, Marley Jaoudi, Rachel Graves, and Quincie Bump, spoke regarding this item.
Theresa Beauchamp and Boy Ayers are in opposition to the recommended action but chose not to speak.
Scott Campbell is in support of the recommended action but chose not to speak.
Council Member Lyndes gave a statement regarding the Santa Fe Drive Western Phase project, and Council deliberated.
COUNCIL ACTION:
O’Hara moved, Ehlers seconded authorize the City Manager or designee, in consultation with the City Attorney, to execute a contract in substantial form and any necessary amendments and time extensions with Michael Baker International, Inc. for $417,634, plus a Docusign Envelope ID: 905BAE6F-0E74-4343-A112-BDBD8EC6286D
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02/25/2026 Regular Meeting Page 5 Mtg. #2026-____, Bk#41, Page __ 10 percent contingency of $41,764 for a total cost not-to-exceed $459,398 for the design of the Santa Fe Drive Western Phase Modification Project (CS19E); with direction to staff to schedule a Special Meeting of the City Council at the 50% completion of the design phase to review the project design with full public input, clear diagrams and renderings the public can understand. Motion Carried.
Ayes: Ehlers, O’Hara, San Antonio, and Shaffer. Nays: Lyndes.
Absent: None. Abstain: None.
8G. Off-cycle Fiscal Year 2025-26 Budget Appropriation for Equipment Replacement Fund 623, Authorization to Purchase a Rodder Truck Outfit, and Request for Letter of Intent to Purchase a Sewer Vacuum Truck.
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.
Recommended Action: 1) Adopt City Council Resolution Number 2026- 18, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget” approving an off-cycle appropriation to the Fiscal Year 2025-26 operating budget for the Machinery & Equipment Replacement Fund (Fund 623); and 2) Authorize the purchase and installation of a new rodder truck outfit on an existing chassis in accordance with the attached quote, for an amount of $115,792, plus a 10 percent contingency of $11,580, for a total amount not to exceed $127,372; and 3) Authorize the City Manager, or her designee, to provide a letter of intent to purchase a vacuum truck from identified vendor, to be purchased in Fiscal Year 2026-27.
Fabian Gonell spoke regarding this item.
Senior Management Analyst Elmore answered public speaker and Council questions.
COUNCIL ACTION:
O’Hara moved, Lyndes seconded to: 1) Adopt City Council Resolution Number 2026-18, titled “A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2025-26 Budget” approving an off-cycle appropriation to the Fiscal Year 2025-26 operating budget for the Machinery & Equipment Replacement Fund (Fund 623); and 2) Authorize the purchase and installation of a new rodder truck outfit on an existing chassis in accordance with the attached quote, for an amount of $115,792, plus a 10 percent Docusign Envelope ID: 905BAE6F-0E74-4343-A112-BDBD8EC6286D
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02/25/2026 Regular Meeting Page 6 Mtg. #2026-____, Bk#41, Page __ contingency of $11,580, for a total amount not to exceed $127,372; and 3) Authorize the City Manager, or her designee, to provide a letter of intent to purchase a vacuum truck from identified vendor, to be purchased in Fiscal Year 2026-27. Motion Carried. Ayes: Ehlers, O’Hara, Lyndes San Antonio, and Shaffer. Nays: None. Absent: None.
Abstain: None.
Mayor Ehlers called the meeting into recess at 8:30 p.m., and reconvened the meeting at 8:46 p.m.
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- 008659-2026) of the Planning Commission’s denial of a concession and imposition of conditions requiring construction of frontage improvements for a 120-unit multi-family apartment development on a 5.23-acre vacant site.
The project is located on the south easterly corner of Sage Canyon Drive and El Camino Real. Contact Person: Senior Planner Bustamante Environmental Considerations: The project is statutorily exempt from CEQA under Government Code Sections 65583.2(h) and (i), which provide that, if a project is located on a site designated for ‘by right’ approval, contains at least 20 percent of the units affordable to lower income households, and is not requesting a subdivision, the City of Encinitas may only require design review and coastal development permit approval of the project, and approval shall not constitute a “project” under CEQA. The State Department of Housing and Community Development, in their letter to the City of Encinitas dated October 8, 2019, stated that the “20 percent calculation is based upon the total number of units in the development exclusive of additional units provided by a density bonus.” The Sage Canyon project is statutorily exempt from CEQA in that it is located in the R-30 Overlay Zone, which is designated for ‘by right’ approval by Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix, Note 35), proposes that 24 of 120 units (20 percent of base density), will be affordable to lower income households; and is not requesting a subdivision.
Recommended Action: Deny the appeal and adopt the draft City Council Resolution No. 2026-14 titled, “A Resolution of the City Council of the City of Encinitas, California Denying An Appeal Filed By Dennis Szuberia and Affirming the Planning Commission’s Approval of a Density Bonus, Waivers, Design Review Permit and Coastal Development Permit for the Construction of 120 Multi-Family Residential Units (24 Low-Income and 96 Market Rate Units) and Amenities Within One Building Including Grading, Docusign Envelope ID: 905BAE6F-0E74-4343-A112-BDBD8EC6286D
02/25/2026 Regular Meeting
02/25/2026 Regular Meeting Page 7 Mtg. #2026-____, Bk#41, Page __ Landscaping Site Improvements and a Temporary Construction Trailer, Denying a Concession Request and Recommending Approval of Reduced Public Improvements on El Camino Real. Located on a Vacant Lot Located East of South El Camino Real, South of Sage Drive and North of Manchester Avenue. (APN 260-061-85) (CASE NO. MULTI-007196-2024, DR-007229-2024, SRVRQST-007232-2024, CDP-007230-2024 and APPEAL-008959-2026)” affirming the Planning Commission’s decision to adopt Resolution No. PC 2025-36 approving the density bonus, waivers, design review permit, and coastal development permit (Case No. MULTI- 007196-2024, DR-007229-2024, CDP-007230-2024) with conditions, and denying the requested concession.
Based on the City’s adopted appeal procedures and described further in the “conclusion” section of this report, at the public hearing, the City Council shall receive and consider the public hearing staff report, which will include the materials submitted to the Planning Commission, the resolution setting forth proposed findings, conclusions and determinative actions; timely filed written positions with arguments, documents, information, exhibits, letters, photos, charts, diagrams, or videos; and staff responses to material filed.
No other materials shall be received or considered at the public hearing.
The City Council shall only receive and consider the following oral presentations: the oral staff report, an oral presentation from the appellant or appellant representative and oral comments from any member of the public present at the hearing. The City Council may ask questions of City staff or any speaker in order to clarify information and shall consider an oral rebuttal/summation from the appellant and the appellant's representative, if any. The City Council may ask questions of the rebuttal/summation speaker in order to clarify information.
Senior Planner Bustamante provided a staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Lyndes stated she had been invited to meet with the neighbors and nearby businesses.
Council Member San Antonio stated he had nothing to disclose.
Council Member Shaffer stated he had nothing to disclose.
Deputy Mayor O’Hara stated he had nothing to disclose.
Mayor Ehlers stated Council has received emails regarding the project.
Staff responded to preliminary questions from the Council.
Mayor Ehlers opened the public hearing at 9:19 p.m.
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02/25/2026 Regular Meeting Page 8 Mtg. #2026-____, Bk#41, Page __ Austin Wermers, Patrick Zebrocki, Tim Hutter, Attorney with Allen Matkins presented the appeal on behalf of the applicant/appellant Dennis Szuberla.
SPEAKERS
Jose Cherbowsky, Molly Hintlian, Stuart Grauer, Scott Campbell, Eric Cusick, Cary Weisenberger, Alex Bernabelt, and Sheila Cameron spoke in support of the staff recommendation to deny the appeal.
Ben Bowen registered support of the staff recommendation to deny the appeal but chose not to speak.
COUNCIL ACTION:
O’Hara moved, San Antonio seconded to continue the meeting past 10:00 p.m.
Motion Carried. Ayes: Ehlers, Lyndes, O’Hara, San Antonio, and Shaffer. Nays:
None. Absent: None. Abstain: None.
Austin Wermers representing the applicant/appellant presented the rebuttal.
Mayor Ehlers closed the public hearing at 10:01 p.m.
Staff and Special Counsel Barbara Kautz responded to questions from the Council.
COUNCIL ACTION:
O’Hara moved, Ehlers seconded to Deny the appeal and adopt the draft City Council Resolution No. 2026-14 titled, “A Resolution of the City Council of the City of Encinitas, California Denying An Appeal Filed By Dennis Szuberia and Affirming the Planning Commission’s Approval of a Density Bonus, Waivers, Design Review Permit and Coastal Development Permit for the Construction of 120 Multi-Family Residential Units (24 Low-Income and 96 Market Rate Units) and Amenities Within One Building Including Grading, Landscaping Site Improvements and a Temporary Construction Trailer, Denying a Concession Request and Recommending Approval of Reduced Public Improvements on El Camino Real. Located on a Vacant Lot Located East of South El Camino Real, South of Sage Drive and North of Manchester Avenue. (APN 260-061-85) (CASE NO. MULTI-007196- 2024, DR-007229-2024, SRVRQST-007232-2024, CDP-007230-2024 and APPEAL-008959-2026)” affirming the Planning Commission’s decision to adopt Resolution No. PC 2025-36 approving the density bonus, waivers, design review permit, and coastal development permit (Case No. MULTI-007196-2024, DR-007229-2024, CDP-007230- 2024) with conditions, and denying the requested concession; and with the revisions shown during the staff presentation to pages nine and 51 of Resolution No. 2026-14. Motion Carried. Ayes: Ehlers, Docusign Envelope ID: 905BAE6F-0E74-4343-A112-BDBD8EC6286D
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02/25/2026 Regular Meeting Page 9 Mtg. #2026-____, Bk#41, Page __ O’Hara, Lyndes San Antonio, and Shaffer. Nays: None. Absent: None.
Abstain: None.
Mayor Ehlers called the meeting into recess at 10:26 p.m., and reconvened the meeting at 10:34 p.m.
10B. Traffic Signal Improvements on Chesterfield Drive at the intersections of San Elijo Avenue and South Coast Highway 101. Contact Person: Traffic 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 of CEQA exempts projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing use such as the creation of existing automobile lanes.
Recommended Action: Approve the proposed traffic signal modifications on Chesterfield Drive at the intersections of San Elijo Avenue and South Coast Highway 101.
City Traffic Engineer Bandegan and Jason Stack with STC Traffic, Inc., presented the staff report.
There were no speakers on this item.
COUNCIL ACTION:
Lyndes moved, O’Hara seconded to approve the proposed traffic signal modifications on Chesterfield Drive at the intersections of San Elijo Avenue and South Coast Highway 101. Motion Carried. Ayes:
Ehlers, O’Hara, Lyndes San Antonio, and Shaffer. Nays: None.
Absent: None. Abstain: None.
11. INFORMATIONAL ITEMS
There were no Informational Items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Initiated Items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Lyndes attended the SANDAG Transportation Planning Committee Meeting.
Council Member San Antonio reported he had a staff briefing with San Diego Joint Docusign Envelope ID: 905BAE6F-0E74-4343-A112-BDBD8EC6286D
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02/25/2026 Regular Meeting Page 10 Mtg. #2026-____, Bk#41, Page __ Power regarding volunteer opportunities for Encinitas Residents to serve on the Community Advisory Committee (CAC).
Council Member Shaffer reported he attended the North County Dispatch Board Meeting.
Deputy Mayor O’Hara reported he and Council Member Shaffer attended the School Liaison Meeting.
Mayor Ehlers reported he attended the Encina Wastewater Authority Board meeting, and a North County Mayors meeting with Congressman Levin and Immigration Enforcement Agency.
14. CITY MANAGER REPORTS
City Manager Campbell gave an update on the Community Grant Program with a deadline of March 6, 2026; and gave an update for an upcoming Community Workshop for L7 Park.
15. CITY ATTORNEY REPORTS
No City Attorney report was given.
Interim City Clerk Weichers reported we are accepting applications for the Business Commission, and the deadline is tomorrow at 5:00 p.m.
16. ADJOURNMENT
Mayor Ehlers adjourned the meeting at 10:55 p.m.
______________________________ __________________________ Pete Weichers, Interim City Clerk Bruce Ehlers, Mayor By: Jackie Rapp, Interim Deputy City Clerk
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