Encinitas council moves to closed session on two legal matters after public defense of Aug. 20 emergency action

The Encinitas City Council convened a special meeting and entered closed session to discuss two legal matters: potential litigation involving Clark Avenue Apartments and a threat of litigation tied to a demand-to-cure letter over the council's Aug. 20 emergency action, officials said.

The meetings were held under the authority of Government Code 54956.9(d)(2), the council said in its public session remarks. The council identified one potential case involving Clark Avenue Apartments, listed as case number Multi0046092021, and a second potential matter described as a demand cure letter from Jay Garvin Walsh related to “emergency action item number 7” on Aug. 20, 2025.

The closed-session agenda drew public comment. Robin Sales, an Encinitas resident, said she has lived in the city for 38 years and objected to suggestions that participants in the Aug. 20 meeting were outside agitators. “I really resent that there are people in the community who are saying that we don't have a stake in our own community,” Sales said, and added a request that the council continue attention to safe routes for cyclists and e-bikes.

Garvin Walsh, who identified himself as the author of the demand-to-cure letter referenced on the closed-session agenda, told the council he viewed the meeting as an opportunity to “learn from the experience” of Aug. 20 but argued the council failed to provide required public notice for that meeting. “You didn't do that in this case,” Walsh said, adding that the council did not make the required finding of an immediate need to take action under the municipal code and state law. Walsh also urged the council to consider obtaining outside legal advice, saying City Attorney Preziosi is implicated and citing “Rule 1.7 of the rules of professional conduct” regarding conflicts of interest.

Audrey Critchlow, a retired Encinitas Union School District employee, told the council she was “really proud of the way the whole meeting went” on Aug. 20 and said the community came together quickly to express concerns about children’s safety. Ruth Johnson, a retired teacher and longtime Encinitas resident, echoed that support, saying “ditto to what everybody said. It was an amazing night.” Jeremy Ross also spoke in support of the council’s actions on Aug. 20, saying council members “did not fail, but you succeeded.”

No public vote or report was taken in open session on the legal items. Mayor Mary Ehlers said the council would adjourn into closed session and would report back afterward in the council chambers.

The record at the start of the meeting showed all council members present: Mayor Mary Ehlers, Deputy Mayor [Lines], Councilmember San Antonio, Councilmember Schaeffer and Councilmember O'Hara. City Attorney Preziosi was listed as counsel in the chambers during public comment.