Encinitas council adjourns to closed session to discuss three litigation matters

At the start of its meeting (date not specified in the transcript), the Encinitas City Council adjourned to closed session to confer with legal counsel on three items, the meeting clerk announced.

The clerk listed the first item as an existing litigation matter: "The name of the case is Kirk Van Allen versus the city of Encinitas, and that is case number 26 CU012128N," and the second as "Nicholas Duchay versus the city of Encinitas, and that case number is 26 CU016002C." The clerk also said a third item involved "significant exposure to litigation" under Government Code section 54956.9(d)(2) and that there were two cases to be considered under that authority.

Roll call at the start of the meeting showed Councilmember Lines, Councilmember San Antonio and Councilmember Shafer present; Deputy Mayor O'Herron was not present at the moment of roll call; Mayor Ellers was present. The clerk said there were no public speakers for the closed-session items and that the council would "report out during our regular session at 6:00." The transcript does not provide the clerk's name.

California law permits certain deliberations in closed session for existing litigation and for situations where a governing body faces significant exposure to litigation; the council's announcement cited Government Code section 54956.9 for the two named cases and the 54956.9(d)(2) provision for the exposure-to-litigation items. The transcript contains only the agenda announcement and the adjournment to closed session; no deliberations or outcomes from the closed session appear in the public transcript.

The council adjourned to closed session to consider the announced matters; the clerk said the body will report any required public disclosures when it reconvenes during the regular session at 6:00.