92-0327_CC_Minutes_Special Meeting221
MARCH 27, 1992
SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Special Meeting of the City Council of the City of San Juan Capistrano, California,
was called to order by Mayor Jones at 10:30 a.m., in the City Council Chamber, to
convene a Closed Session to discuss pending litigation pursuant to Government Code
Section 54956.9(a) - Committee to Restore Integrity to San Juan Capistrano, et al. v. The
City of San Juan Capistrano, et al.
ROLL CALL PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Mayor pro tem
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
(arrived at 10:33 a.m.)
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; George Scarborough, Assistant City
Manager; Owen Lubow, Deputy City Attorney; Cheryl Johnson, City Clerk.
CLOSED SESSION
Councilman Harris inquired whether in the Deputy City Attorney's legal opinion, he found
it was necessary on the City's behalf to conduct meetings in Closed Sessions and if it was
necessary for the City Council to go into Closed Session, did he recommend that the
Council do so; was it is in the best interests of the City. The Deputy City Attorney
responded affirmatively. The Attorney also responded affirmatively to Councilman
Hausdorfer's inquiry whether the Attorney felt the Council would return for discussion if
necessary.
Council recessed to a Closed Session at 10:33 a.m., to discuss pending litigation, the City
Clerk being excused therefrom, at reconvened at 10:52.
COUNCIL ACTION
Direction to Offer Permission for Release from Liability:
It was moved by Councilman Friess, seconded by Councilman Harris to direct Counsel, in
the Settlement Conference with Superior Court, to present the City's permission for
three of the litigants in the Committee to Restore Integrity in San Juan Capistrano v.
The City, et. al. lawsuit to be released from any liability to the City as a result of their
action if they wish to remove themselves from the lawsuit; those three being Adele
Keithahn, Julian Keithahn and Timothy Byers.
In response to Councilman Harris, the Deputy City Attorney advised that it would be in
the best interest of the City not to provide any further information other than
identifying the names of the individuals who wish to be dismissed from the lawsuit.
Councilman Friess stated that if members of the press wished to do so they could review
the deposition. The Deputy City Attorney advised that withdrawal was up to the
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plaintiffs, but could occur as soon as Monday. Councilman Harris suggested that the
City's offer to permit the withdrawal be effective for only a certain amount of time.
Councilman Vasquez stated he would support the motion but felt time constraints were
not necessary.
With the concurrence of the second, Councilman Friess amended his motion to include an
indication that withdrawal from lawsuit should occur by April 1st for the City to consider
relieving plaintiff from any remedial action on the part of City.
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris,
Vasquez and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:57
a.m., to the next meeting date of Tuesday, March 31, 1992, at 1:00 p.m., in the City
Council Chamber to conduct a budget work session on programs and priorities.
Respectfully submitted,
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