Minutes 95-07-31
113
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
JUly 31, 1995
The Adjourned Regular Meeting of the Cypress City Council was called to order on
Monday, July 31,1995 at 8:37 a.m., In the Council Chamber, 5275 Orange Avenue, Cypress,
Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, Carroll, Jones, Kerry and Age
None
Also present were the City Manager/City Clerk Darrell Essex and City Attorney John
cavanaugh.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one wished to speak.
ORAL COMMUNICATIONS: For Clarification of Matters on the Agenda.
No one spoke.
CONSIDERATION OF CITY CLERK'S CERTIFICATE OF SUFFICIENCY OF VERIFIED SIGNATURES ON
RECALL PETITIONS OF WALTER K. BOWMAN: The City Manager presented the staff report
dated JUly 27, 1995, which Indicated that the certification had been completed by the
orange county Registrar of Voters. The City Clerk's office reviewed the signatures due
to some inconsistencies that had been brought to the City Clerk's attention by an
attorney representing Council member Bowman. As a result of those two reviews,
attached to the report was a copy of the City Clerk's Certificate of SUfficiency of verified
signatures on the Recall Petitions of Council member Walter K. Bowman. Also attached
was Resolution amending Resolutions No. 4510 and No. 4516 calling for the conduct of
the special Municipal Election to be held on November 7, 1995, which would add to the
ballot the additional question of the recall of Walter K. Bowman and the election of
candidates to fill the vacancy, if the recall prevails, for the unexpired term ending
November 3, 1998.
Councilmember Bowman asked the City Attorney if his understanding of the City Charter
was correct and this Item should be on the agenda of next regular scheduled meeting
of the City Council and the City Attorney replied In the affirmative. Councllmember
Bowman commented that theoretically this Item cannot be voted on today.
Council member Kerry asKed If Council could accept the certification but not vote on
putting the item on the ballot. Council member Bowman said that the ramifications are
if this item can't be voted on until the next regular meeting, then a Special Election
would be required for him. One election Is already going to cost approximately 570,000
and it was not his Intention to have the citizens pay an additional 530,000 for a second
election. So he would acquiesce his position. The City Attorney advised that
Councllmember Bowman was correct In that the State law says that the certification of
SUfficiency of signatures must be made at a regular scheduled meeting. Since
Council member Bowman has acquiesced to that, It will save the City the time and cost
of having a separate recall election.
Councllmember Carroll asked If Councllmember Bowman had the authority to waive his
rights. The City Attorney responded that Councllmember Bowman would be the
Individual that would challenge the City. Councllmember Kerry remarKed that other
citizens could challenge the vote also. She believed that the vote should proceed based
on Councllmember Bowman's acquiescence. It can be voted on today and reconfirmed
on August 14.
Councllmember Jones commented that she would abstain from that type of motion. If
It Is contrary to the law and that Is what the interpretation is, she expressed surprise
that Council Is only finding it out today.
Mayor Age expressed the opinion that she didn't feel Councilmember Bowman should
acquiesce to the citizens group that has gone out and told nothing but lies.
After further conversation, the City Attorney recommended that the discussion be
continued in Closed Session.
CLOSED SESSION: Mayor Age recessed the meeting at 8:46 a.m. and reconvened at 8:57
a.m. with all Council members present.
J/CjtJ-
The City Attorney explained that there was a question whether the certificate of
sufficiency had to be acted upon at the next regularly scheduled meeting. The City
Attorney and City ClerK's position Is that when the previous Council meeting was
adjourned, It was to an adjourned regular meeting. It is their Interpretation that this
complies with what state law requires In the elections code and he recommended that
the certifIcation of signatures be made and the election called.
Responding to the Mayor, the City Attorney answered that under the applicable statute
of Limitations period, Councilmember Bowman or any voter can challenge It.
It was moved by Council member Kerry and seconded by Council member Jones to:
1. Accept the City ClerK's Certificate of SUfficiency, as submitted, for the Recall
Petitions of Council member Walter K. Bowman, and
2. Adopt the attached Resolution, adding to the ballot of the November 7, 1995
Special Municipal Election, the question of the recall of Mr. Bowman and the
election of candidates to fill the vacancy, If the recall prevails, for the unexpired
term ending November 3, 1998.
RESOLUTION NO. 4519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
RESOLUTIONS NO. 4510 AND NO. 4516 CALLING FOR THE SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 7, 1995, BY ADDING THE SUBMISSION OF AN ADDITIONAL
QUESTION OF RECALL OF CERTAIN OFFICER AND THE ELECTION OF CANDIDATES TO FILL
THE VACANCY, IF THE RECALL PREVAILS.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CLOSED SESSION: Mayor Age recessed the meeting at 9:00 a.m. to enable the Council to
enter Into Closed Session to discuss PUblic Employment (Government Code Section
54957), City Attorney. The meeting reconvened at 10:30 a.m. with all Council members
present.
ADJOURNMENT: Mayor Age adjourned the meeting at 10:30 a.m. to 4:30 p.m., Monday,
August 14, 1995 in the Administrative Conference Room.
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OF THE C OF CY~SS
ATTEST: