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Resolution No. 4987129 RESOLUTION NO. 4987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING RESOLUTION NO. 4975, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 3, 1998, BY ADDING THE SUBMITTAL OF A CHARTER AMENDMENT RELATING TO PLANNING AGENCY FUNCTIONS. WHEREAS, the City Council of the City of Cypress, at its meeting held on June 22, 1998, adopted Resolution No. 4975, calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 3, 1998, for the election of certain officers as required by the provisions of the City Charter and for the submission to the voters a charter amendment relating to the powers, prerogatives and functions of a Planning Agency; and WHEREAS, pursuant to authority provided by Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Elections Code of the State of California, a petition has been filed with the legislative body of the City of Cypress signed by more than fifteen percent of the registered voters of the City according to the County Election Department's last official report of registration to the Secretary of State to submit a proposed charter amendment to the voters; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Election Code of the State of California, there is called and ordered to be held in the City of Cypress, California, on Tuesday, November 3, 1998, a General Municipal Election for the purpose of submitting the following proposed charter amendment: Shall Sections 419, 800 and 801 of the City Charter be amended to require that, after January 1, 1998, any delegation of planning powers YES or functions shall not take effect until approved by the voters at an election, and accompanied by a NO full fiscal analysis of costs, and providing, further, that annual appropriations for delegated planning powers or functions be limited to the amount specified in the cost analysis, increased annually by the rate of inflation? SECTION 2. That the text of the charter amendment submitted to the voters is attached as Exhibit "A "; SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. 130 SECTION 6. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 1 i day of July 1998. ATTEST: CI LERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS A4 P7) YOR OF THE CITY F CYPRESS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 13th day of July 1998; by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Bowman, Carroll and Piercy NOES: 1 COUNCIL MEMBERS: Keenan ABSENT: 1 COUNCIL MEMBERS: Jones CITY CLERK OF THE CITY OF CYPRESS 2 41Y1 EXHIBIT "A" Text of Proposed Amendment to the Charter of the City of Cypress The proposed charter amendment reads as follows: First: This measure shall be known as The People's Right to Vote Charter Amendment. Second: The People of Cypress hereby declare that it is their desire and intent that planning and land use matters be handled by their elected representatives on the Cypress City Council and such matters shall not be delegated to non - elected persons or groups, unless such delegation is approved by a vote of the people pursuant to this Charter Amendment. Third: This measure amends the Cypress City Charter. Existing sections proposed to be deleted are printed in strikeout type and new provisions are printed in italic type to indicate that they are new. Fourth: Article IV, Section 419 of the Cypress City Charter is amended to read: Section 419. Ordinances, When Effective. An ordinance shall become effective on the thirty -first day after its adoption, or at any later date specified therein, except the following which shall take effect upon adoption-, or as otherwise specified herein: (a) An ordinance calling or otherwise relating to an election. (b) An ordinance declaring the amount of money necessary to be raised by taxation, fixing the rate of taxation, levying the annual tax upon property, or levying any other tax. (c) An emergency ordinance adopted in the manner provided for in this Chapter. (d) Any ordinance adopted after January 1, 1998 relating to the Council 's planning agency powers shall take effect when authorized by the affirmative votes of a majority of the voters voting at an election pursuant to Section 800 and 801. 131 (32- 49g7 Ear- 4-2. Fifth: Article VIII, Section 800 of the Cypress City Charter is amended to read: Section 800. In General. Subject to the limitations imposed herein, The boards and commissions heretofore established by the Council shall continue to exist and exercise the powers and perform the duties conferred upon them; provided however that the Council may by ordinance abolish any and all of said boards and commissions and may alter the structure, membership, powers and duties thereof. In addition, the Council may create by ordinance such boards or commissions as in its judgment are required and may grant to them such powers and duties as are not inconsistent with the provisions of this Charter, except however, any ordinance or resolution of the Council which delegates any of the Council 's planning agency powers, or which establishes a planning commission, administrative body or hearing officer(s), or any other board or commission to perform the functions of a planning agency, shall 1101 take effect until authorized by the affirmative votes of a majority of the voters of the City voting at an election. Further, any ordinance or resolution adopted after January 1, 1998 which delegates any of the Council 's planning agency powers or establishes any planning commission, administrative body or hearing officer(s), or other board or commission to perform the functions of a planning agency shall be suspended subject to voter approval. Sixth: Article VIII, Section 801 of the Cypress City Charter is amended to read: Section 801. Appropriations. The Council shall include in its annual budget such appropriations of funds as the Council shall determine to be sufficient for the efficient and proper functioning of boards and commissions; except, however, in no case may any appropriation of City funds be made for any planning commission, administrative body, hearing officer(s), or board or commission formed under Section 800, or any community advisory board to perform the functions of a planning agency, unless a full fiscal analysis of costs, including estimated hourly costs for existing City officers or employees, and for new officers or employees, to administer such an entity, is provided to the voters at the election specified in Section 800. In the case of an entity approved by the voters pursuant to Section 800, the total aggregate appropriation in subsequent fiscal years may not exceed the cost analysis provided to the voters, except the appropriation may be increased at the annual rate of inflation as determined by the consumer price index. Seventh: Severability: If any part of this charter amendment is held to be invalid for any reason, such decision shall not affect the validity of the remaining provisions of the amendment, and we hereby declare that we would have voted for the amendment if such invalid portion thereof had been deleted.