Encinitas — 2025-08-13

10A. Public hearing to consider a timely-filed appeal (Case No. APPEAL-0080542025) of the Planning Commission’s determination (Case No. ITRP-0077932025) that off-premise alcoholic beverage sales for beer and wine cannot be\nconsidered an accessory use to a primary retail use within the Limited Local\nCommercial (L-LC) zone for the property located at 1988 Village Park Way.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nIn addition, pursuant to Section 15270 of the CEQA Guidelines, CEQA does\nnot apply to projects which a public agency rejects or disapproves. Contact\nPerson: Associate Planner Carr\nRecommended Action: Deny the appeal and adopt the draft City Council\nResolution No. 2025-62 titled, "A Resolution of the City Council of the City of\nEncinitas, California, Denying an Appeal Filed by R. Bruce Evans and\nAffirming the Planning Commission's Determination that the "Alcoholic\nBeverage, Sales-Off Premises" Land Use Cannot Be Considered as an\nAccessory Use to the Primary Retail Use in the Limited Local Commercial (LLC) Zone, for the Property Located at 1988 Village Park Way," affirming the\nPlanning Commission's decision to adopt Resolution No. PC 2025-11\ndetermining that off-premise alcoholic beverage sales of beer and wine cannot\nbe considered an accessory use to a primary retail use within the Limited\nLocal Commercial (L-LC) zone, for the property located at 1988 Village Park\nWay.\n2025-08-13 Item 10A 7-11 Appeal

10B. Review and approve amendments to Encinitas Municipal Code Chapter 2.48\nYouth Commission, Section 2.48.020 Membership.\nEnvironmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nCity Clerk Hollywood\nRecommended Action: Introduce Ordinance No. 2025-09, titled "An\nOrdinance of the City Council of the City of Encinitas, California, Amending\nEncinitas Municipal Code Chapter 2.48 Youth Commission, Section 2.48.020\nMembership" and/or provide direction to staff.\n2025-08-13 Item 10B Youth Commission Add Alternates

10C. Consider local Municipal Code amendments which modify the 2025 California\nBuilding Standards Code related to building safety, fire prevention, energy\nefficiency and green building, in alignment with the City’s Climate Action Plan\ngoals and targets. Environmental Considerations: The amendments proposed\nwill not have a significant effect on the environment because the strengthened\nrequirements reduce hazards and accommodate features to reduce\nenvironmental effects. Adoption of the amendments is exempt from\nenvironmental review as per Section 15308 of the CEQA Guidelines, which\nallows a categorical exemption for "actions taken by regulatory. agencies, as\nauthorized by state or local ordinance, to assure the maintenance, restoration,\nenhancement, or protection of the environment where the regulatory process\ninvolves procedures for protection of the environment." Furthermore, the\namendments related to energy efficiency and green building were previously\nevaluated in the Final Negative Declaration (ND) for the Climate Action Plan\n(Case No. 17-224), dated December 5, 2017, and Addendum to the ND (Case\nNo. ENV-004106-2020), dated Oct 20, 2020. The ND and the Addendum\nevaluated the potential environmental effects of the implementation of the\nClimate Action Plan, including the adoption and enforcement of energy\nefficiency and renewable energy ordinances. This project is within the scope\nof the Final Negative Declaration and the Addendum, and no further California\nEnvironmental Quality Act (CEQA) compliance is required. Contact Persons:\nPrincipal Planner Maynard, Sustainability Manager Najera, and Interim Fire\nMarshall Villagomez\nRecommended Action: Direct staff to prepare ordinances for City Council\nconsideration, to adopt local Municipal Code amendments which modify the\n2025 California Building Standards Code, and continue the following existing\nlocal codes which require enhanced building safety, fire prevention, energy\nefficiency and green building regulation, with minor changes: 1) Building Code\nAmendments (EMC 23.12.030.B); 2) Fire Code Amendments (EMC\n10.04.020); 3) Electric Readiness (EMC 23.12.080.J); 4) Existing Building\nEnergy Efficiency (EMC 23.12.080.D and E); 5) Electric Vehicle Charging\n(EMC 23.12.110.E); and 6) Graywater Systems (EMC 23.12.110.D).\n2025-08-13 Item 10C Direction on Reach Codes

12A. Council Initiated Item from Council Member Jim O’Hara to amend Ordinance\n9.01.010, Camping on Private Property, by removing the clause “at night”.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nRecommended Action: Direct City Staff and City Attorney to review\nordinance 9.01.010 and update the ordinance to remove the clause “at night.”\n2025-08-13 Item 12A Council Initiated item O’Hara - Ordinance 9.01.010

12B. Council initiated item from Council Member Jim O’Hara regarding amending\nEncinitas Municipal Code 14.40.145 regarding the restricted hours for parking\nrecreational vehicles on public streets and property. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n“project” under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment.\nRecommended Action: Direct staff to draft the necessary revisions to\nMunicipal Code 14.40.145, updating the restricted parking hours to reflect the\nnew timeframe. The revised code should clarify that all recreational vehicles—\nincluding trailers, camper trailers, boats and trailers, cab-over campers,\nmotorhomes, and vans or van conversions used for habitation or camping—\nare subject to these regulations unless they display a valid permit under\nsection 14.40.150.\n2025-08-13 Item 12B Council Initiated item O’Hara - Code 14.40.145

12C. Council Initiated Item from Council Member Jim O’Hara to amend Ordinance\n9.01.025 addressing sleeping in vehicles, by changing the affected hours from\n“10p.m. to 6a.m.” to “from dusk till dawn.” Environmental Considerations: The\naction being considered by the City Council is exempt from the California\nEnvironmental Quality Act (CEQA) because it is not a “project” under Section\n15378(b)(5) of CEQA Guidelines. The action involves an organizational or\nadministrative activity of government that will not result in the direct or indirect\nphysical change in the environment.\nRecommended Action: Direct staff to collaborate with the sheriff department\nand city attorney to update Ordinance 9.01.025 to create an ordinance that is\neffective “from dusk till dawn.”\n2025-08-13 Item 12C Council Initiated item O’Hara - 9.01.025

8A. Approval to waive the full reading of the text of all ordinances and resolutions\nintroduced/adopted at this meeting. Ordinances and resolutions shall be\nintroduced/adopted by title only. Contact Person: City Clerk Hollywood\nRecommended Action: Approve.

8B. Approval of the Minutes of the June 11, 2025, Regular Meeting; June 18,\n2025, Regular Meeting; June 25, 2025, Special Joint Meeting; and June 25,\n2025, Regular Meeting. Contact Person: City Clerk Hollywood\nRecommended Action: Approve the Minutes.\n2025-08-13 Item 08B Minutes

8C. Approval of the Warrants List (Register of Demands). Contact Person: Finance\nManager Dinh\nRecommended Action: Staff recommends that the City Council review and\napprove the warrants.\n2025-08-13 Item 08C Approval of Warrants

8D. Ratification of Assembly Bill 3 (AB 3) legislative position letter of support and\nSenate Bill 131 (SB 131) legislative position letter request for veto.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of the City of\nEncinitas that will not result in direct or indirect physical change in the\nenvironment. Contact Person: Deputy City Manager Sapa’u\nRecommended Action: 1) Ratify Support Letter for AB 3 (Dixon) - Alcohol\nand Drug Treatment Facilities: Local Regulation; and 2) Ratify Letter Request\nfor Veto for SB 131 (Wiener) - Local Housing Plans: Enforcement.\n2025-08-13 Item 08D Legislative Position Letter AB3 and SB131

8E. Emergency Declaration: Moonlight Beach Sewer Force Main Emergency\nRepairs. Environmental Considerations: The action being considered by the\nCity Council is exempt from the California Environmental Quality Act (CEQA)\nbecause it is an Emergency Project as defined under Section 15269(b) of\nCEQA Guidelines. The action involves emergency repairs to publicly owned\nfacilities necessary to maintain service essential to public health and safety.\nContact Person: Principal Engineer Alex\nRecommended Action: Authorize emergency repairs to the Moonlight Beach\nSewer Force Main under the Emergency Declaration.\n2025-08-13 Item 08E Emergency Declaration Moonlight Beach Force Main

8F. Acceptance of the FY 2024 Annual Sewer Rehabilitation Phase 1 Project\n(CC04E/CE04H). Environmental Considerations: The action being considered\nby the City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\nthe government that will not result in a direct or indirect physical change in the\nenvironment. Contact Person: Principal Engineer Alex\nRecommended Action: 1) Authorize the filing of the Notice of Completion for\nthe subject project; 2) Authorize the release of the Payment Bond in full upon\nthe recording of the Notice of Completion; 3) Authorize the release of the\nPerformance Bond in full one (1) year after the recording of the Notice of\nCompletion; and 4) Adopt City Council Resolution No. 2025-84, titled "A\nResolution of the City Council of the City of Encinitas, California, Accepting the\nPublic Improvement for the FY 2024 Annual Sewer Rehabilitation Phase 1\nProject (CC04E/CE04H)."\n2025-08-13 Item 08F Sewer AR FY 2024 Sewer Rehab NOC

8G. Memorandum of Understanding between the City of Encinitas and the\nEncinitas Historical Society for a community special event. Environmental\nConsiderations: The action being considered by the City Council is exempt\nfrom the California Environmental Quality Act (CEQA) because it is not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The action involves\nan organizational or administrative activity of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nParks, Recreation and Cultural Arts Director Knopp\nRecommended Action: Approve and authorize the City Manager in\ncoordination with the City Attorney, to execute a Memorandum of\nUnderstanding (MOU) between the City of Encinitas and the Encinitas\nHistorical Society to host the Heritage Tree Lighting event on December 5,\n2025 in substantial form.\n2025-08-13 Item 08G Encinitas Historical Society MOU for Heritage Tree\nLighting Event

8H. Amendment No. 2 to the Master Sports Independent Contractor Agreement.\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Recreation Services Manager Hamer\nRecommended Action: Approve and authorize the City Manager in\nconsultation with the City Attorney, to execute Amendment No. 2 in substantial\nform, increasing the Instructor compensation, not to exceed amount from the\ninitial agreement to the projected amount in Amendment No. 2.\n2025-08-13 Item 08H Amendment to Master Sports Agreement

8I.\nAcceptance of the Wales Drive - Crest Drive Emergency Access Gate Project\n(CS23E). Environmental Considerations: The actions being considered by the\nCity Council are exempt from the California Environmental Quality Act (CEQA)\nbecause they are not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The actions involve organizational or administrative activities of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Engineer I Estellar\nRecommended Action: 1) Authorize the filing of the Notice of Completion for\nthe subject project; 2) Authorize the release of the payment bond for the\nsubject project in full upon the recording of the Notice of Completion; 3)\nAuthorize the release of the performance bond for the subject project in full,\none (1) year after the recording of the Notice of Completion; 4) Adopt City\nCouncil Resolution No. 2025-82, titled "A Resolution of the City Council of the\nCity of Encinitas, California, Accepting the Public Improvements for Wales\nDrive - Crest Drive Emergency Access Gate Project (CS23E)"; and 5) Increase\nthe contract not-to-exceed amount of $122,414 for the Quality Construction &\nEngineering, Inc. by $1,551 for a new not-to-exceed construction contract\namount of $123,965 for the Wales Drive - Crest Drive Emergency Access Gate\nProject (CS23E).\n2025-08-13 Item 08I NOC for WalesDrCrestDrEmergencyGate

8J. Acceptance of the City Hall Parking Lot Repair Project (CF25B).\nEnvironmental Considerations: The actions being considered by the City\nCouncil are exempt from the California Environmental Quality Act (CEQA)\nbecause they are not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The actions involve organizational or administrative activities of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Senior Engineer Stryker\nRecommended Action: 1) Authorize the filing of the Notice of Completion for\nthe subject project; 2) Authorize the release of the payment bond for the\nsubject project in full upon the recording of the Notice of Completion; 3)\nAuthorize the release of the performance bond for the subject project in full,\none (1) year after the recording of the Notice of Completion; and 4) Adopt City\nCouncil Resolution No. 2025-81, titled "A Resolution of the City Council of the\nCity of Encinitas, California, Accepting the Public Improvements for the City\nHall Parking Lot Repairs (CF25B)."\n2025-08-13 Item 08J NOC City Hall Parking Lot Overhang

8K. Award a construction contract to L.C. Paving & Sealing, Inc. for the Citywide\nPedestrian Crossing Upgrades Project (CS23G).\nEnvironmental\nConsiderations: The proposed project is exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15301(c) of the CEQA\nGuidelines. This section exempts projects characterized as minor alterations\nto public facilities, involving negligible or no expansion of the existing use.\nMaintenance, striping, and repair are proposed on an existing public street and\ndoes not create additional automobile lanes. The proposed project meets the\ncriteria for this exemption. Contact Person: Engineer II Barr\nRecommended Action: Authorize the City Manager, or designee, to execute\na contract in substantial form and any necessary amendments and time\nextensions, in consultation with the City Attorney, with L.C. Paving & Sealing,\nInc., in the amount of $248,985 plus 15 percent contingency of $37,348, for a\ntotal construction contract not-to exceed amount of $286,333 for construction\nof the Citywide Pedestrian Crossing Upgrades Project (CS23G).\n2025-08-13 Item 08K HSIP 11 Award CS23G Contract

8L. Authorize the Request for Funding from the California Coastal Commission’s\nPublic Recreation Beach Impact Mitigation Fund Managed by SANDAG for the\nSwami’s Beach Access Staircase Project (CP26A).\nEnvironmental\nConsiderations: The actions being considered by the City Council are exempt\nfrom the California Environmental Quality Act (CEQA) because they are not a\n"project" under Section 15378(b)(5) of CEQA Guidelines. The actions involve\norganizational or administrative activities of government that will not result in\nthe direct or indirect physical change in the environment. Contact Person:\nSenior Engineer Stryker\nRecommended Action: Adopt City Council Resolution No. 2025-78 titled "A\nResolution of the City Council of the City of Encinitas, California, Requesting\nFunding from the California Coastal Commission's Public Recreational Beach\nImpact Mitigation Fund Administered by the San Diego Association of\nGovernments for the Swami's Beach Access Staircase Project".\n2025-08-13 Item 08L Swami’s Staircase SANDAG Funding Rqst

8M. Award Construction Contract to Wright Construction Engineering Corp. for the\n444 El Camino Real Drainage Channel Repair Project (CD25B).\nEnvironmental Considerations: The project is exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to CEQA Guidelines Section\n15301(b), which categorically exempts repair and maintenance of an existing\npublicly owned facility drainage channel and will result in no expansion of\nexisting or former use. None of the exceptions in Section 15300.2 of the\nCEQA Guidelines are applicable to the project. Contact Person: Senior\nEngineer Stryker\nRecommended Action: 1) Authorize the City Manager, or designee, to\nexecute a contract in substantial form and any necessary amendments and\ntime extension, in consultation with the City Attorney, with Wright Construction\nEngineering Corp. in the amount of $124,000 plus 15 percent contingency of\n$18,600 for a total construction contract not-to-exceed amount of $142,600 for\nconstruction of the 444 El Camino Real Drainage Channel Repair Project\n(CD25B); and 2) Adopt City Council Resolution No. 2025-79, titled "A\nResolution of the City Council of the City of Encinitas, California, Amending the\nFiscal Year 2025-2026 Budget" to appropriate $187,600 to the El Camino Real\nDrainage Channel Repair Project (CD25B).\n2025-08-13 Item 08M 444 ECR Drainage Award

8N. Request by the California Department of Housing and Community\nDevelopment (HCD) to repeal and replace Resolution No. 2022-114 and\nincorporate specific information for the Permanent Local Housing Allocation\n(PLHA) Grant Award. Environmental Considerations: The action being\nconsidered by the City Council is exempt from the California Environmental\nQuality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of\nCEQA Guidelines. The action involves an organizational or administrative\nactivity of government that will not result in the direct or indirect physical\nchange in the environment. Contact Person: Planning Manager Anders\nRecommended Action: Adopt Resolution No. 2025-86 titled "A Resolution of\nthe City Council of the City of Encinitas to Repeal and Replace Resolution No.\n2022-114 Authorizing the Application and Adopting the PLHA Plan for the\nPermanent Local Housing Allocation Program."\n2025-08-13 Item 08N Permanent Local Housing Allocation Grant

8O. Discussion and possible update to Regional Boards, CSA-17 Advisory\nCommittee and Council Standing Subcommittee and Active Ad Hoc\nSubcommittee,\nEncinitas\nTraffic\nManagement\nProgram\n(ETMP).\nEnvironmental Considerations: The action being considered by the City\nCouncil is exempt from the California Environmental Quality Act (CEQA)\nbecause it is not a "project" under Section 15378(b)(5) of CEQA Guidelines.\nThe action involves an organizational or administrative activity of government\nthat will not result in the direct or indirect physical change in the environment.\nContact Person: Executive Assistant to Mayor and City Council Blease\nRecommended Action: 1) Mayor to make recommendations and City Council\nto approve 2025 regional board update to CSA-17 Advisory Committee\nappointment as follows: Council Member Luke Shaffer from Representative to\nAlternate and Council Member Marco San Antonio from Alternate to\nRepresentative; and 2) Mayor to make recommendations and City Council to\napprove 2025 Council Standing and Ad Hoc Subcommittee update to\nEncinitas Traffic Management Program (ETMP) as follows: Replace Mayor\nBruce Ehlers, Representative, with Council Member Jim O'Hara as\nRepresentative.\n2025-08-13 Item 08O Regional Boards CSA-17 Advisory Committee, Standing\nSubcommittee, Active Ad Hoc Subcommittee

8P. 2024 State Homeland Security Program Grant in the amount of $18,321 for\nthe Purchase of Hydraulic Powered Rescue Equipment for the Fire\nDepartment and Proposed Off-Cycle Fiscal Year 2025-26 Budget\nAmendment. Environmental Considerations: The action being considered by\nthe City Council is exempt from the California Environmental Quality Act\n(CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA\nGuidelines. The action involves an organizational or administrative activity of\ngovernment that will not result in the direct or indirect physical change in the\nenvironment. Contact Person: Management Analyst Flores\nRecommended Action: 1) Accept $18,321 in federal funds from a 2024 State\nHomeland Security Program (SHSP) grant awarded to the City of Encinitas for\nthe purchase of hydraulic powered rescue equipment for the Fire Department;\n2) Authorize the City Manager, or their designee, to sign and submit the\nrequired California Governor's Office of Emergency Services Standard\nAssurances for Cal OES Federal Non-Disaster Grant Programs; and 3) Adopt\nResolution Number 2025-89, titled "A Resolution of the City Council of the City\nof Encinitas, California, Amending the Fiscal Year 2025-26 Budget" to\nappropriate the grant amount.\n2025-08-13 Item 08P 2024 State Homeland Security Grant Acceptance