Resolution No. 6441058
RESOLUTION NO. 6441
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE
SUBMISSION OF TWO PROPOSED ORDINANCES TO THE VOTERS
WHEREAS, pursuant to this Resolution, the City Council of the City of Cypress
hereby calls for and gives notice of the holding of a General Municipal Election, to be
held on November 4, 2014, for the purpose of submitting two proposed ordinances
(Ordinance Nos. 1145 and 1146) to the voters of the City of Cypress for their
consideration (the "General Municipal Election "); and
WHEREAS, in 2011, the Cypress School District ( "District "), acting in its capacity
as a public elementary district, commenced the process of declaring "surplus" the
Mackay Elementary School Site ( "Mackay Site ") which is 9.701 acres in size and is
located at 8721 Cypress Avenue in the City of Cypress, California; and
WHEREAS, the Mackay Site is currently zoned "PS -1A" or "Public /Semi Public,"
a zoning designation adopted in 1987 pursuant to a voter initiative entitled the "Cypress
Greenbelt Preservation and Open Spaces Initiative," commonly referred to as "Measure
D "; and
WHEREAS, Measure D prohibits the rezoning of any real property designated as
"Public /Semi - Public" without prior voter approval, as follows:
"[n]o amendment of the PS (Public and Semi - Public) Zone of the Zoning
Map and /or the Zoning Code of the City of Cypress which will allow or
permit any land use other than those permitted in the PS Zone at the time
of enactment of this ordinance of July 31, 1987, shall be valid or effective
for any purpose whatsoever unless and until such amendment shall have
been approved by a majority of those voters of the city voting thereon at
any regular or special municipal election "; and
WHEREAS, Measure D further requires that the City Council of the City of
Cypress "refer any ... amendment approved by it [meaning the City Council] to .. .
[the] voters pursuant to the provisions of Section 4017 of the Election[s] Code of the
State of California "; and
WHEREAS, on June 9, 2014, the Cypress City Council gave second reading to
Ordinance No. 1145 which amends the zoning for the Mackay Site as follows:
"The subject 6.8 acre portion of the subject property located at 8721
Cypress Avenue is hereby re -zoned from PS -1A Public & Semi - Public to
PC -13 Planned Community and is included within the boundaries of the
Mackay Place Specific Plan, a copy of which is on file in the office of the
City Clerk, and by this reference is incorporated herein."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true, correct, and adopted by the City
Council as if set forth in full.
SECTION 2. Pursuant to the requirements of the City Charter of the City of
Cypress, the City Council of the City of Cypress hereby calls for a General Municipal
Election to be held in the City of Cypress, California, on Tuesday, November 4, 2014,
for the purpose of submitting the following proposed ordinance to the voters of the City
of Cypress, to wit:
1
Shall Ordinance No. 1145, approving a zone change
for the closed Mackay School Site, located at 8721
Cypress Avenue, from "PS -1A Public /Semi - Public" to
"PC -13 Planned Community," thereby allowing for
the construction of a 2.9 acre city park and 47 single
family residential units, be adopted?
Yes
No
SECTION 3. The text of Ordinance No. 1145 to be submitted to the voters is
attached as Exhibit "A" to this Resolution.
SECTION 4. The ballots to be used at the General Municipal Election shall be in
form and content as required by law.
SECTION 5. The City Clerk, acting as the city elections official, 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 General Municipal Election.
SECTION 6. Pursuant to California Election Code § 10242, the polls for the
General Municipal Election shall open at seven o'clock a.m. on 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 otherwise provided in California Election
Code § 14401.
SECTION 7. In all particulars not recited in this Resolution, the General
Municipal Election shall be held and conducted in accordance with the provisions of law
regulating municipal and statewide elections.
SECTION 8. Notice of the time and place of holding the General Municipal
Election is hereby given and the City Clerk is authorized, instructed and directed to give
further or additional notice of the election, in the time, form and manner required by law.
SECTION 9. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by
Cypress, California at a regular meeting held on the
ATTEST:
041,00(
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
y Co - cil of the City of
of J e, 2014.
MAYO OF THE 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 23rd day of June, 2014, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
CITY CLERK OF THE CITY OF CYPRESS
2
059
ORDINANCE NO. 1145
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADOPTING ZONE CHANGE NO. 2014-02 AND THE
MACKAY PLACE SPECIFIC PLAN, CHANGING THE ZONING
CLASSIFICATION OF 6.8 ACRES OF THE PROPERTY LOCATED AT
8721 CYPRESS AVENUE FROM PS -1A PUBLIC & SEMI - PUBLIC TO
PC PLANNED COMMUNITY (PC -13)
060
184
WHEREAS, duly noticed public hearings for the consideration of the zone change and
specific plan were held by the City Council of the City of Cypress on the 27th of May 2014; and
WHEREAS, the City Council of the City of Cypress has considered evidence presented
by the applicant, the City staff, and other interested parties at the public hearing held with respect
thereto; and
WHEREAS, the purpose of the Mackay Place Specific Plan is to provide the authority for
designating the property located at 8721 Cypress Avenue (the "subject property ") for
development pursuant to a Specific Plan of sufficient specificity as to constitute the zoning
requirements, standards, and criteria for said area; and
WHEREAS, the zone change and Mackay Place Specific Plan, as approved, are both
consistent with the General Plan of the City of Cypress.
The CITY COUNCIL of the CITY OF CYPRESS DOES hereby ORDAIN as follows:
SECTION 1: The foregoing recitals are true and correct and incorporated herein.
SECTION 2: The subject 6.8 acre portion of the subject property located at 8721
Cypress Avenue is hereby re -zoned from PS -1A Public & Semi - Public to PC Planned
Community (PC -13) and is included within the boundaries of the Mackay Place Specific Plan, a
copy of which is on file in the office of the City Clerk, and by this reference is incorporated herein.
SECTION 3: The official Zoning Map of the City of Cypress is hereby amended to reflect
the change of zone approved herein.
SECTION 4: The City Clerk is hereby authorized and directed to certify as the passage
of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in
three (3) public places throughout the City.
SECTION 5: This ordinance shall not be in force or effect unless the same is approved
by a majority of the voters casting a "yes" vote on a ballot rr'easu;e, scheculed for the
November 4, 2014 General Election, to rezone the subject property 'rrom its current zoning of
PS -1A Public & Semi - Public to PC Planned Community (PC -13) to the zoning des+,: nation set
forth herein.
FIRST READING at a regular meeting of the City Council of said City held on the 77th day
of May, 2014, and finally adopted and order posted at a regular n13 et.ii g held o the 9t1' day of
June, 2014.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MAYOR 0 r' E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HERBY CERTIFY that the
foregoing .Ordinance was duly adopted at a regular meeting of said City Cti aancil hel8 on the 9th
day of June, 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
CITY CLERK OF THE CITY OF CYPRESS