The Encinitas City Council will meet in special closed session Tuesday, Oct. 6, to discuss potential litigation tied to the Paul Ecke Central Elementary School rebuild, according to the meeting agenda.

The agenda lists the $60 million school project as a "significant exposure to litigation" under California Government Code Section 54956.9(d)(2). It identifies one potential case, with the Encinitas Union School District's Paul Ecke Central project as the circumstance.

The closed session marks at least the second time the council has met behind closed doors on the matter. A Sept. 16 special meeting agenda listed the same litigation-exposure item for the "Paul Ecke School District Project."

The legal discussions come as the city and EUSD continue to negotiate over permitting for the school's rebuild on Vulcan Avenue. City Manager Jennifer Campbell has said the city's concerns include traffic congestion during drop-off and pick-up and the project's stormwater drainage plans.

Parents warned at a Sept. 24 City Council meeting that a two-year delay could add $9 million to the project's cost. "If we go to litigation, everybody loses," parent Mary Anne Mendenhall, who has two children enrolled at Paul Ecke Central, said at that meeting, as reported by the San Diego Union-Tribune.

Campbell said at the same Sept. 24 meeting that staff had held at least a dozen meetings with district representatives since May to work through the issues. Mayor Bruce Ehlers told parents at that meeting the city had been "bending over backwards" to resolve the permitting problems.

Still, the two sides have shown signs of progress. City and EUSD leaders met Oct. 1 and reported headway on drainage, queuing, traffic circulation, right-of-way dedication and frontage improvements, according to a joint statement. They agreed to meet again Thursday, Oct. 8.

The EUSD Board of Trustees voted 5-0 on July 16 to adopt Resolution 01-2627, exempting the project from local zoning ordinances. The district has obtained permits for the first phase of work, covering demolition, rough grading and underground utilities. Permits for the second phase, covering building construction and roadway improvements, remained under city review as of late September.

The school will not reopen in time for the 2027-28 school year, according to EUSD officials. Students are split between El Camino Creek Elementary and Park Dale Lane Elementary during construction.

Tuesday's closed session also includes a second item: existing litigation in Van Allyn v. City of Encinitas, Case No. 26CU012128N. No public details on the lawsuit's claims are available.

The 4 p.m. meeting at 505 South Vulcan Ave. can be streamed at encinitasca.gov/Government/Agendas-Webcasts. Written comments may be submitted to [email protected].