12/18/24 Special Meeting Page 1 Mtg. #2024-____, Bk#40, Page _____
MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING
DECEMBER 18, 2024, 3:30 P.M., 505 SOUTH VULCAN AVENUE
CALL TO ORDER/ROLL CALL
Mayor Ehlers called the meeting to order at 3:30 p.m.
Present: Mayor Bruce Ehlers, Deputy Mayor Joy Lyndes, and Council Members Jim O’Hara (arrived at 3:32 p.m.), and Luke Shaffer
There is one vacancy on the City Council – District 4.
Absent: None.
Also present: Acting City Manager Campbell, Deputy City Manager Sapa’u, City Attorney Preziosi, Administrative Services Director Schwarm, Special Counsel Mitch Dean (Items #1-2), Special Counsel Krista MacNevin Jee (Item #4), Director of Engineering Bankston (Item #4), City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
CLOSED SESSION
1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING
LITIGATION
AUTHORITY: Government Code 54956.9
NAME OF CASE: Obayashi v. City of Encinitas
Case No. 37-2024-00001278-CU-NP-NC
2. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING
LITIGATION
AUTHORITY: Government Code 54956.9
NAME OF CASE: Hart v. City of Encinitas, et al
Case No. 37-2020-00047994-CU-PO-NC
3. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING
LITIGATION
AUTHORITY: Government Code 54956.9
NAME OF CASE: Rosenstein, et al v. City of Encinitas, et al Case No. 24CU013082N
4. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, SIGNIFICANT
EXPOSURE TO LITIGATION
AUTHORITY: Government Code 54956.9 d
NAME OF CASE: Two (2)
CIRCUMSTANCES: #1 State of CA, et al v. City of Encinitas #2 Easement Access
Mayor and City Council adjourned into Closed Session at 3:33 p.m.
Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787
12/18/24 Special Meeting
12/18/24 Special Meeting Page 2 Mtg. #2023-____, Bk#39, Page _____
REPORT FROM CLOSED SESSION
City Attorney Preziosi reported at the 6:00 p.m. regular City Council meeting that the City Council held a Closed Session at approximately 3:30 p.m. to discuss five matters on the Closed Session Agenda. As to the first two cases under the Closed Session Agenda, Obayashi v. City of Encinitas and Hart v. City of Encinitas no reportable actions were taken. In relation to Closed Session Item #3, Rosenstein v. City of Encinitas, and Closed Session Item #4-1 State of CA, et al v. City of Encinitas, the City Council on a 4-0 vote motion made by Deputy Mayor Lyndes and seconded by Mayor Ehlers to authorize settlement of the claim, they also authorized the acceptance of defense and indemnity to the State of California in the case of Rosenstein, et al v. City of Encinitas, et al. In regard to Closed Session Item #4-2 – Easement Access, no reportable action was taken.
ADJOURNMENT
Mayor Ehlers adjourned the meeting at 4:55 p.m.
________________________ __________________________
Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Pete Weichers, Deputy
City Clerk
Docusign Envelope ID: 7BD0613D-0914-4DDB-9E15-035BE9C33787