Encinitas council announces closed session on multiple litigation files and RiverWatch Clean Water Act letter

The Encinitas City Council announced it would adjourn into closed session to discuss six existing litigation files and three cases of potential exposure to litigation, including a July 3, 2024 letter from RiverWatch alleging Clean Water Act issues.

Under authority of Government Code section 54956.9, council members listed six pending files that would be discussed in closed session: file number 7181813; file number 12-465-464; file number 13-507594; file number ADJ111-28021; file number 21-156 274; and file number 21-1584456. The council also identified three cases described as “significant exposure to litigation” under Government Code 54956.9(d), citing a RiverWatch letter dated July 3, 2024 regarding the Clean Water Act.

Record was taken during roll call that Council Member Schaffer was present, Council Member O'Hara was not present at the time, Deputy Mayor Lyons was present and Mayor Ehlers was present. A staff member noted that when Council Member O'Hara joined closed session, that attendance would be recorded.

The publicly available portion of the meeting ended as the council recessed into closed session. No deliberations from the closed session are included in the public transcript; state law limits public disclosure of closed-session discussions on pending litigation until disclosure is permitted or required.

The items the council scheduled for closed-session discussion are listed in the public meeting record as cited above; the council did not vote on any substantive matter in the portion of the transcript provided.