Resolution No. 6431525
RESOLUTION NO. 6431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, FINDING AND DETERMINING THAT ACQUISITION OF A
PORTION OF THE MACKAY SITE BY THE CITY OF CYPRESS FROM THE
CYPRESS SCHOOL DISTRICT IS SUBJECT TO THE NAYLOR ACT,
AS SET FORTH AT CALIFORNIA EDUCATION CODE SECTION 17486
WHEREAS, the Cypress School District ( "District ") owns 9.701 acres of land
located at 8721 Cypress Street in the City of Cypress, County of Orange, which property
is generally known as the former Mackay Elementary School Site (the "Mackay Site ");
and
WHEREAS, Mackay Elementary School was constructed in 1959 as a school for
the "baby boom" generation, and served the Cypress community as an open space and
school site for period of twenty (20) years; and
WHEREAS, in the late 1970s, the District experienced a marked decline in
enrollment as the "baby boom" generation aged, and the Mackay Elementary School
was closed in the summer of 1980; and
WHEREAS, after the school's closure, the District leased the Mackay Site for use
by private childcare and pre - school programs between 1980 and 2004; and
WHEREAS, from approximately 1978 to present, the Mackay Site has been
used for open space and recreational activities, including but not limited to its use as a
practice facility for both soccer and baseball; and
WHEREAS, on September 8, 2011, the District's Board of Trustees appointed an
Advisory Committee to advise the Board on the best uses for the Mackay Site on a
going - forward basis; and
WHEREAS, after holding public meetings and /or hearings on October 11, 2011,
October 18, 2011, and November 2, 2011, the Advisory Committee prepared a Final
Report and Recommendation that the Mackay Site be declared "surplus" and disposed
of pursuant to the Government Code and Education Code provisions governing "surplus
sites "; and
WHEREAS, on March 3, 2013, the Board of Trustees declared the Mackay Site
as "surplus" and authorized its public sale; and
WHEREAS, the Naylor Act (codified at Education Code §§ 17485 - 17500)
governs the disposition of surplus school sites with specialized "open space"
characteristics such as "playgrounds, playing fields, or other outdoor recreational real
property "; and
WHEREAS, the Naylor Act was created because "the Legislature [was]
concerned that school playgrounds, playing fields, and recreational real property [would]
be lost for those uses by the surrounding communities, even if those communities in
their planning process have assumed that the properties would be permanently
available for recreational purposes" (Ed. Code § 17485); and
WHEREAS, the Naylor Act governs the sale or lease of a school site by a school
district if the following three conditions, set forth at Education Code § 17486, are met:
(1) "[e]ither the whole or a portion of the school site consists of land which
is used for school playground, playing field, or other outdoor recreational
purposes and open -space land particularly suited for recreational
purposes" (Ed. Code § 17486(a)) ";
(2) "[t]he land . . . . has been used for one or more of the purposes
specified [in Education Code § 17486(a)) for at least eight years
immediately preceding the date of the governing board's determination to
sell or lease the school site "; (Ed. Code § 17486(b)); and
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(3) "no other available publicly owned land in the vicinity of the school site
is adequate to meet the existing and foreseeable needs of the community
for playground, playing field, or other outdoor recreational and open -space
purposes, as determined by the governing body of the public agency
which proposes to purchase or lease land from the school district,
pursuant to Section 17492" (Ed. Code § 17486(c)).
WHEREAS, in accordance with the Naylor Act, on March 22, 2013, District
transmitted a series of offer letters to the City of Cypress ( "City ") and other public agency
buyers which offered to sell all or a portion of the Mackay Site to those agencies pursuant
to the Naylor Act (and other statutes) before the property was offered for private sale; and
WHEREAS, on May 1, 2013, City's City Attorney transmitted a letter to District
giving notice of the City's intent to acquire thirty (30) percent of the Mackay Site at the
reduced purchase price authorized by the Naylor Act (Education Code § 17491), for the
purpose of continuing the agency uses specified in the Naylor Act, i.e. playground,
playing field, or other outdoor recreational and /or open space purposes, on that portion of
the property; and
WHEREAS, District and City each appraised the Mackay Site, engaged in good
faith negotiations regarding its value, and ultimately came to an agreement on the
purchase price for the City's thirty (30) percent piece of the property; and
WHEREAS, pursuant to a voter initiative commonly known as "Measure D," the
Mackay Site is currently zoned "Public /Semi Public" or "PS -1A "; and
WHEREAS, City and District anticipate that City's City Council will place before
the voters of the City of Cypress, at the November 4, 2014 General Election, a ballot
measure to approve Zone Change No. 2014 -02 re- zoning the Mackay Site from PS -1A
Public & Semi - Public to PC Planned Community (PC -13), which will rezone the Mackay
Site only if a majority of those voting at November 4, 2014 General Election vote "yes"
on such ballot measure; and
WHEREAS, District and City have agreed that, pursuant to a Purchase and Sale
Agreement to be executed between City and District, the same to be contingent upon the
voter approval the of re- zoning of the Mackay Site, the City will acquire thirty (30) percent,
or 2.9 acres, of the Mackay Site pursuant to the exercise of its rights under the Naylor Act
for the purpose of preserving this portion of the Mackay Site for community use as a park
and /or recreational facility.
NOW THEREFORE, the City Council of the City of Cypress hereby FINDS,
DETERMINES and RESOLVES as follows:
1. The foregoing recitals and true and correct and incorporated herein.
2. This Resolution is being adopted in order to permit City to acquire thirty
(30) percent, or 2.9 acres, of the Mackay Site pursuant to the exercise of its rights under
the Naylor Act for the purpose of preserving this portion of the Mackay Site for community
use as a park and /or recreational facility.
3. Consistent with the requirements set forth at California Education Code §
17486(a), all or a portion of the Mackay Site is currently used for school playground,
playing field, and /or outdoor recreational purposes and open -space land particularly
suited for recreational purposes.
4. Consistent with the requirements set forth at California Education Code §
17486(b), all or a portion of the Mackay Site has been used for school playground,
playing field, and /or outdoor recreational purposes for at least eight (8) years preceding
the date on which the District's governing board determined to close and dispose of the
Mackay Site.
5. Consistent with the requirements set forth at California Education Code §§
17486(c) and 17492, the City Council, acting as the governing body of City, which
proposes to purchase a 30- percent portion of the Mackay Site from the District pursuant
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to the Naylor Act, hereby finds and determines that public lands in the vicinity of the
Mackay Site are inadequate to meet the existing and foreseeable needs of the Cypress
community for playground, playing field, or other outdoor recreational and open -space
purposes.
6. Consistent with the requirements set forth at California Education Code §
17492, the City Council's finding that "the public lands in the vicinity of the Mackay Site
are inadequate to meet the existing and foreseeable needs of the Cypress community
for playground, playing field, or other outdoor recreational and open -space purposes"
shall be in full force and effect immediately upon the adoption of this Resolution by a
two- thirds (2/3) vote of the City Council.
PASSED AND ADOPTED by the City Coun it of the City of Cypress at a regular
meeting held on the 27th day of May, 2014.
ATTEST:
166L''t i'\
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO OF E CITY OF CYPRESS
I, DENISE BASHAM, 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 27th day of May, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS
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