Minutes 89-07-12
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HINUTES OF A SPECIAL CYPRESS CITY COUNCIL HEETING
HELD
July 12, 1989
A special meeting of the Cypress City Council was called to order at 6:01 p..m.
on Wednesday. July 12. 1989. in the Cypress City Council Chambers, 5275 Ora~ge
Avenue. Cypress. California. Hayor Pro Tem John Kanel presiding.
PRESENT: Councilmembers Age. Arnold. Kerry and Kanel
ABSENT: None
Also present were City Hanager/City Clerk Darrell Essex. City Attorney Jerry
Patterson and Acting City Attorney Bob Flandrick.
At the request of Hayor Pro Tem Kanel and with the concurrence of the
Councilmembers. it was agreed that a complete transcript would be made part of
the record for this Special Heeting.
DISCUSSING LITIGATION REGARDING BOWHAN V. CITY OF CYPRESS: Hayor Pro Tem
Kanel requested that a brief description be provided to the Councilmembers by
the City Attorney and/or Acting City Attorney on the proceedings in the
litigation hearing held on July 11. 1989. The Acting City Attorney stated the
written material was submitted to the Court by Hr. Bowman's attorney and by
the City Attorney on behalf of the City and the City Clerk. The judge
reviewed that. had oral argument. and ultimately determined that the votes
which were cast in terms of abstention would be counted under the municipal
code provision as being affirmative votes; therefore. the appointment carried
by a four to zero vote as the net result of that opinion. The judge has
signed a judgment. the Clerk has issued a writ and a response to that writ is
required by July 25.
Councilmembers then asked questions of the City Attorney on the proceedings,
i.e., briefs, oral arguments, the special election, the judge's experience and
the City Charter v. the City Code.
The Councilmembers also conducted a lengthy discussion with the City Attorney
regarding abstention votes.
CLOSED SESSION: Hayor Pro Tem Kanel called for a closed session at 6:55 p.m.
and reconvened the meeting at 7:11 p.m., with all Councilmembers present.
It was moved by Councilmember Kerry and seconded by Councilmember Kanel to
obtain a second opinion from a reputable firm; that a week be allowed to
review the case; to give advice as to what could be arguable as a defense in
an appellate court for an appeals case and what the chances would be on such
an appeal. Hayor Pro Tem Kanel remarked that something like this can be done
in a matter of two or three days and the cost is nominal. Also, he stated
that it was his personal opinion that the vacancy on the Council occurred on
February 28.
Councilmember Age stated she would not support the motion for a second opinion
because it is not worth the City's time, effort or money.
Councilmember Arnold stated that she would not support this motion and as far
as she as concerned the matter has been determined.
The motion failed by the following roll call vote:
AYES: 2 COUNCILHEHBERS: Kerry and Kane 1
NOES: 2 COUNCILHEHBERS: Age and Arnold
ABSENT: 0 COUNCILHEHBERS: None
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It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
instruct the City Attorneys to appeal the decision that was rendered on July
11 in the matter of the City of Cypress vs. Bowman. The motion failed by the
following roll call vote:
AYES: 2 COUNCILHEHBERS: Kerry and Kanel
NOES: 2 COUNCILHEHBERS: Age and Arnold
ABSENT: 0 COUNCILHEHBERS: None
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City Councf lHi nutes July 12, 1989
Councilmember Kerry commented that the result of this vote means that there
will be no appeal and Hr. Bowman will be seated on the City Council.
Councilmember Age advised that she did not believe a second opinion was
needed, she wanted to work together as a Council and commended Hayor Pro Tem
Kanel for his professionalism.
Councilmember Arnold requested that the Council focus on the real issue which
was the meaning of an abstention vote, had nothing to do with who the
candidate is but had to do with the action of two Councilmembers who chose to
abstain. She does not support any further activity on this item and looks
forward to welcoming the fifth member of the Council, Hr. Bowman.
Hs. Joyce Nicholson, 6045 Jeffrey Hark Street, Cypress, asked if there was a
doubt as to whether or not the vote was valid.
Hs. Jane Wozniak,' 4480 Avenida Granada read a statement as a taxpaying, voting
citizen of the City of Cypress regarding the election, the review of the
Haster Plan and Hollywood Park.
Ms. Dorianne Garcia, 5732 Cathy lane, Cypress, suggested that perhaps
extensive training on Councilor parliamentary procedures is needed. She
challenged Hr. Bowman to keep in mind the directives of the citizens and not
be guided totally by personal feelings or outside influences.
Hr. Walter K. Bowman, 6086 Barry Drive, Cypress, asked to be sworn in as soon
as possible so he could commence his job.
Mayor Pro Tem Kanel stated that the swearing in process had been discussed, it
can take place tomorrow and it would not be this evening.
The entire transcript is on file in the City Clerk's office.
ADJOURNMENT: Mayor Pro Tem Kanel adjourned the meeting at 7:45 p.m.
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~A OR PRO TEH OF THE CITY OF CY ESS
ATTEST:
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CITY ClE~ THE CITy.~YPRESS
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