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MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING
SEPTEMBER 2, 2025, 11:00 A.M., 505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024
CALL TO ORDER/ROLL CALL
Mayor Ehlers called the meeting to order at 11:01 a.m.
Present: Mayor Bruce Ehlers, Deputy Mayor Joy Lyndes, Council Members Jim O’Hara (arrived at 11:02 a.m.), Luke Shaffer, and Marco San Antonio
Absent: None
Also present: City Manager Campbell, City Attorney Preziosi, Assistant City Manager Schwarm, Fire Chief Gordon (Item #1) Special Counsel Barabra Kautz (Item #1), Special Counsel Leslie Devaney (Item #2), City Clerk Hollywood, and Management Analyst Rapp
There being a quorum present, the meeting was in order.
CLOSED SESSION
1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, SIGNIFICANT
EXPOSURE TO LITIGATION
AUTHORITY: Government Code 54956.9 (d)(2)
NUMBER OF POTENTIAL CASES: (1) One
CIRCUMSTANCES: Clark Avenue Apartments
Case No. MULTI-004609-2021
2. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, THREAT OF
LITIGATION
AUTHORITY: Government Code 54956.9 (d)(2)
NUMBER OF POTENTIAL CASES: (1) One
CIRCUMSTANCES: City Council Emergency Action Item #7 on August 20, 2025, Demand to Cure Letter from J. Garvin Walsh
PUBLIC SPEAKERS:
Robin Sales (Item #2), Garvin Walsh (Item #2), Audrey Critchlow (Item #2), Ruth Johnson (Item #2), and Jeremy Ross (Item #2).
The Mayor and City Council adjourned into Closed Session at 11:13 a.m.
Council Member Shaffer left the meeting at 1:13 p.m. and returned at 1:43 p.m.
REPORT FROM CLOSED SESSION
The City Council held a Closed Session at approximately 11:00 a.m. to discuss two matters listed on the Closed Session Agenda.
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09/02/25 Special Meeting
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Regarding Closed Session Item #1, the Clark Avenue Apartments, the City Council voted to place the item on the September 24, 2025, agenda for further review. The motion, made by Ehlers and seconded by San Antonio, directs staff to revisit the conditions of approval specifically including, but not limited to, the application of fire code requirements to the project. The motion passed with the following vote: Ayes: Ehlers, San Antonio, O’Hara; Nays: Lyndes; Absent: Shaffer.
Regarding Closed Session Item #2, with a motion made by Shaffer and seconded by Lyndes the City Council unanimously voted 5-0 to direct Special Counsel Devaney to respond to the Demand to Cure Letter and to return this item to the agenda on September 17, 2025.
ADJOURNMENT
Mayor Ehlers adjourned the meeting at 2:22 p.m.
________________________ __________________________
Kathy Hollywood, City Clerk Bruce Ehlers, Mayor
By: Jackie Rapp, Management Analyst
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