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HomeMy WebLinkAbout2016-08-09 (Special Meeting)214 MINUTES OF A SPECIAL MEETING OF THE CYPRESS CITY COUNCIL HELD August 9, 2016 A special meeting of the Cypress City Council was called to order at 7:04 p.m. by Mayor Yarc in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor Mariellen Yarc Mayor Pro Tem Paulo Morales (arrived at 7:06 p.m.) Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat Staff present: City Manager Peter Grant City Attorney Anthony Taylor City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Johnson. INVOCATION: The invocation was given by Pastor Rich Fieger, Cypress Church. ORAL COMMUNICATIONS: The following spoke regarding the ballot measure: Frank Sherren, Los Alamitos Race Course Don Seward, Cypress Steven Mauss, Cypress Doug Bailey, Cypress Jack Rubens, representing the measure proponent Sue Douglas, Cypress, spoke regarding the zoning ordinance amendment. NEW BUSINESS: Item No. 1 ADOPT A RESOLUTION SUBMITTING THE CYPRESS TOWN CENTER AND COMMONS BALLOT MEASURE FOR THE NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION. The City Attorney provided background information on this item. Council Member Berry asked about legal repercussions should the City Council deny the Resolution for the ballot measure. The City Attorney stated if the City Council did not place the measure on the ballot, the proponent of the measure could go to court and there would be a court enforcement for the City to place the measure on the ballot. Council Member Berry asked if the City Council would have another opportunity to review the ballot measure prior to the November 8, 2016 General Municipal Election. The City Attorney responded that the ballot measure would not be brought back to the City Council for further action, however the ballot measure arguments could. He clarified that the Orange County Registrar of Voters would prepare the election materials. CITY COUNCIL MINUTES AUGUST 9, 2016 215 Mayor Yarc asked if a yes vote on this item would indicate that a Council Member is in favor of the project. The City Attorney replied no, and stated that this item is a mandatory duty required by law. It was moved by Council Member Peat and seconded by Mayor Pro Tem Morales, that the City Council, as required by law, adopt the Resolution by title only, submitting the Cypress Town Center and Commons ballot measure to the voters at the November 8, 2016 General Municipal Election. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE, REGARDING AN ORDINANCE APPROVING THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN, WITH RELATED GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS AND ZONE CHANGES, AT THE GENERAL ELECTION TO BE HELD, AND TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION, ON NOVEMBER 8, 2016, AS PROVIDED BY RESOLUTION NOS. 6571 AND 6572 Item No. 2 ADOPT RESOLUTIONS DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE BALLOT MEASURE AND PROVIDING FOR THE FILING OF ARGUMENTS AND REBUTTALS REGARDING THE BALLOT MEASURE. The City Attorney provided background information on this item. Council Member Peat asked how rebuttal arguments are selected. The City Attorney responded that only the two arguments chosen under the Elections Code may submit rebuttal arguments. Council Member Berry asked for clarification on how the argument against the ballot measure is chosen. The City Attorney indicated that the argument against the ballot measure is chosen with priority given to the legislative body or members authorized by the body, then the proponents of the ballot measure get the second priority, then the association of citizens, then the eligible voters. He commented that in case of a tie, that would be decided by an objective random selection process. Council Member Berry asked if the City Attorney impartial analysis would be brought back to the City Council. The City Attorney stated the impartial analysis would not be brought back to the City Council except as a receive and file item. Mayor Yarc asked about the distinction between the argument priority selection between an individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure, and bona fide associations of citizens, as indicated in the Agenda Report. The City Attorney responded that preference priority "b" would be the proponents of the ballot measure. He stated that arguments against the ballot measure would be preference priority "c ", a bona fide association of citizens against the ballot measure, 2 CITY COUNCIL MINUTES AUGUST 9, 2016 and that if there was not an argument submitted from that group, then any eligible voter against the ballot measure would be the next preference priority. Mayor Yarc commented that preference priority "c" would have priority over "d." The City Attorney responded in the affirmative. Mayor Yarc asked if the preference priority was in compliance with the California Elections Code. The City Attorney responded in the affirmative. It was moved by Council Member Peat and seconded by Council Member Johnson, that the City Council: 1) Adopt the Resolution by title only, directing the City Attorney to prepare an impartial analysis for the ballot measure; and 2) Adopt the Resolution by title only, providing for the filing of arguments and rebuttals regarding the ballot measure. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, REGARDING A MEASURE RELATING TO AN ORDINANCE APPROVING THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN, WITH RELATED GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS AND ZONE CHANGES RESOLUTION NO. 6583 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE RELATING TO AN ORDINANCE APPROVING THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN, WITH RELATED GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS AND ZONE CHANGES, AND PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: None. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Yarc adjourned the meeting at 7:41 p.m. to Monday, August 22, 2016 beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 4/4 ae R' r ti's CITY CLERK OF THE CITY OF CYPRESS 3 216