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HomeMy WebLinkAboutRES CC 1986 322 1986 0707RESOLUTION NO. 86- 322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION, TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1986, FOR THE SUBMISSION OF A QUESTION OR MEASURE TO THE QUALIFIED ELECTORS OF THE CITY RELATING TO THE ENACTMENT BY THE CITY COUNCIL OF SAID CITY OF AN ORDINANCE ADOPTING A MEASURED GROWTH PLAN; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF VENTURA TO CONSOLIDATE SAID SPECIAL MUNICIPAL ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION ON SAID DATE, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. WHEREAS, by Resolution No. 86 -308, adopted June 2, 1986, the Moorpark City Council has called a General Municipal Election to be held in said City on November 4, 1986, for the election of certain officers of the City; and by Resolution No. 86 -309, adopted June 2, 1986, requesting that said General Municipal Election be consolidated with the Statewide General Election on said date; and WHEREAS, the City Council of the City of Moorpark also desires to submit to the qualified electors of the City in said election a question or measure relating to the enactment by the City Council of an ordinance adopting a measured growth plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, and pursuant to the provisions of Section 4017 of the Elections Code of said State, there is called and ordered held in the City of Moorpark, California, on Tuesday, November 4, 1986, a Special Municipal Election of the qualified electors of the City for the purpose of submitting to said qualified electors a question or measure relating to the enactment by the City Council of an ordinance, adopting a measured growth plan, which is attached hereto as Exhibit A. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the qualified electors of the City at the Special Municipal Election hereinabove called to be held, the following question or measure: Shall an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF YES THE CITY OF MOORPARK, ADOPTING A MEASURED GROWTH PLAN" be enacted by the NO City Council? A mark placed in the voting square, rectangle or other specified voting space after the word "YES" in the manner provided shall be counted in favor of the adoption of the question. A mark placed in the voting square, rectangle or other specified voting space after the word "NO" in the manner provided shall be counted against the adoption of the question. SECTION 3. That the ballots to be used at the election shall be, in form and content, such as may be required by law to be used in the election. SECTION 4. That the City Clerk of the City 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 special 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 8:00 o'clock p.m. of the same day, when the polls shall be closed, except as provided by law for holding municipal elections in the City. SECTION 6. That in all particulars not recited in this resolution, the special election shall be held and conducted as provided by law for holding municipal elections in the City. SECTION 7. That notice of the time and place of holding the special election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of Ventura is hereby requested to consent and agree to the consolidation of said Special Municipal Election with the Statewide General Election on Tuesday, November 4, 1986. SECTION 9. The County Clerk of said County is hereby authorized to canvass the returns of said Special Municipal Election which is hereby requested to be consolidated with said Statewide General Election, and said election shall be held in all respects as if there were only one election, and only one form of ballot used. SECTION 10. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. SECTION 11. The City of Moorpark recognizes that additional costs will be incurred by the County by reason of this consolidation, and agrees to reimburse the County for any such costs. SECTION 12. That the City Clerk of the City of Moorpark is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Ventura. -2- SECTION 13. That the City Clerk shall certify to the passage and adoption of this resolution and shall enter it into the book or original Resolutions of said City. PASSED AND ADOPTED this 7th day of July, 1986. ATTEST: a," A"'e_ -Mayor ro' Tetn, City bf Moorpark California -3- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Eva Marie Crooks , Deputy City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 86-322 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 7th day of July , 1986, and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy - Sutton, Prieto, Woolard and Mayor Ferguson NOES: None ABSENT: None WIT.t4ESS my hand and the official seal of said City this day of 1986. �c...r ! t 1 G•wt.., Deputy City Clerk Revised per City Council Action 7/7/86 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MEASURED GROWTH PLAN AND MAKING FINDINGS OF FACT IN SUPPORT THEREOF WHEREAS, the currently adopted Countywide Planning Program establishes a guideline that by the year 2000 the City's population should not exceed approximately 33,900; and WHEREAS, the City Council has monitored development and land uses for consistency with the adopted City General Plan and Countywide Planning Program; and WHEREAS, the City Council has implemented an annual review of the community's infrastructure capacity; and WHEREAS, the City Council has determined that it is essential to plan residential construction time frames and population projections for consistency with the City General Plan and the Countywide Planning Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that: A. This ordinance is necessary for the protection of the health, safety or welfare of present and future residents of the City and there is a reasonable basis in fact, and substantial evidence in support thereof, for this ordinance; to wit: (1) That the Ventura County Air Pollution Control District has as its overall goal attainment of federal air quality standards in the County, including the City of Moorpark. The countywide Planning Program's base population projections from 1980 to 2010 is used as a major ingredient in the creation of the Air Quality Management Plan. Currently, under the Countywide Planning Program, the City's population should not exceed approximately 33,900 by the year 2000. In order to achieve the air quality maintenance goals of the City and the County, the City should regulate the number of residential permits so as to monitor its population growth to stay within the Countywide CJK /Moorp -ORN Planning Program and the Measured Growth Plan provides a reasoned approach to that regulation. (2) That the absence of a connection between the 118 and 23 Freeways is a region -wide problem which the City is unable to mitigate in order to protect the character and lifestyle of Moorpark. Future residential developments must be considered relative to their impact on existing roadways and intersections due to the lack of the Freeway connection. (3) That Moorpark College is a major vehicular destination point and vehicular traffic generator in the City and all of the vehicles coming from or going to points west or south of the College must travel surface streets through the City. (4) That local traffic, operating below Level C congestion, will cause a decline in local air quality, increased stress upon local residents, and a resulting decline in the physical and mental health of residents of the City. The goal of the City is to maintain at least a Level "C ". The Measured Growth Plan will assist the City in fulfilling this goal. (5) That periodic winter storm induced floods have occurred in the Oxnard Plain in the past 8 years, causing millions of dollars in property damage. Several of these floods have led to the filing of lawsuits against the City alleging that development has reduced unpaved surfaces in the City, substantially increasing stormwater runoff into the Arroyo Simi, contributing to downstream flooding. The threat to the fiscal condition of the City and its continued exposure to these cases pose a threat to the public health, safety or welfare. The Measured Growth Plan will limit the cumulative amount of rainfall runoff to major drainage channels by allowing more percolation through the soil mantle and will aid the efforts of the Ventura County Flood Control District to provide necessary channel improvements to Arroyo Simi. (6) That any reduced revenue levels predicated on new dwelling fees would be offset by reduced service costs in the future. Therefore, the Measured Growth Plan will not have an adverse fiscal impact upon the City or any other public agency that provides services within the City. B. By virtue of the City of Moorpark and the adjacent cities of Thousand Oaks and Simi Valley and county -2- CJK /Moore -ORN unincorporated area having a combined total of approximately 14,000 approved yet unbuilt or under construction dwelling units, there is the opportunity for at least 1562 dwelling units to be built each year for the next five years within the eastern portion of Ventura County. Therefore, the effect of this ordinance upon the housing needs of the region will be minor and, accordingly, will not have an adverse impact on regional housing needs. C. By the adoption of this ordinance on a year - to -year basis, it is the intent of the City to establish control over the quality, distribution, and rate of residential growth in the City in order to: (1) Monitor the growth of the City with respect to the Countywide Planning Program; (2) Prevent further significant deterioration in the local air quality; (3) Ensure that the City does not continue to grow in a pattern that increases an already severe strain on the local freeway system; (4) Ensure that the traffic demands on local streets do not exceed the capacity of streets and intersections; (5) Preserve the healthful character of the City; (6) Minimize potential problems associated with development- induced stormwater runoff; (7) Ensure adequate water and sanitary sewer systems and that,other local and region -wide support systems will not be over extended; and (8) Ensure a balance of housing types and values in the City which will accommodate a variety of households, including families with limited incomes and older persons without erecting economic barriers to residential migration; D. This ordinance is consistent with the City's adopted General Plan and with the Countywide Planning Program. Therefore, adoption of the Measured Growth Plan will not impede the ability of the City to achieve the goals and policies of the General Plan or the Planning Program. --3- CJK /Moore -ORN SECTION 2. A Measured Growth Plan, consistent with the population projections inherent in the adopted Land Use Element of the General Plan and Countywide Planning Program, is hereby adopted. The Plan consists of the following: A. Population Measurements. (1) The City's population estimate for January 1, 1986 of 15, 733, as prepared by the State of California Department of Finance, and the Countywide Planning Program population forecast of 23,020 in 1990, 29,590 in 1995 and 33,878 in 2000 are the population figures used in establishing the annual allocation. (2) The population per household figure used in calculating the annual allocated shall be the figure established in the Countywide Planning Program. This figure is 3.27 for 1985 -1989; 3.12 for 1990 -1994; 3.01 for 1995 -1999; and 2.91 for 2000, and shall be adjusted in accordance with adjustments to the population per dwelling unit ratio projections contained in the Countywide Planning Program. B. Annual Residential Development Allocation. (1) Annually each year from 1987 through 1999, inclusive, the City shall allocate residential development for the program year. The annual allocation shall be five hundred (500) dwelling units for each program year from 1987 through 1989, four hundred and sixty -nine (469) dwelling units for each program year from 1990 through 1994, and two hundred and eighty -five (285) dwelling units for each program year from 1995 through 1999. Commencing with the 1987 program year, the City shall not issue residential building permits in excess of the annual allocation; nor shall the City issue a residential building permit for any dwelling unit for which a corresponding annual allocation has not been awarded. (2) The annual allocation for each of the thirteen (13) years from 1987 through 1999, inclusive, shall be reduced by one - thirteenth (1 /13th) of the difference between 500 and the total number of residential building permits that were issued by the City between January 1, 1986 and the commencement of the first program year. (3) The annual allocation of dwelling units shall be adjusted in accordance with the Countywide Planning -4- CJK/Moorp-ORN Program adjustments to the population per dwelling unit figures set forth in subsection A(2) of this section. C. Allocation Program (1) The annual allocation shall be awarded prior to the commencement of each program year for the succeeding program year. (2) Within 120 days of the effective date of this ordinance, the city council shall implement, by resolution, a program by which the annual allocation shall be awarded. The resolution shall define a date for the commencement of the program year. The allocation program will include criteria for evaluation of proposed residential developments including but not limited to, current and future capacity of streets, sewer, water, drainage, schools, fire and police protection and parks and consistency with the General Plan, including without limitation the goals of the Housing Element, and development standards. Should the city fail to implement the allocation program within the aforementioned 120 days, no residential building permit shall be issued after the commencement of the 1987 program year until the program is implemented. The city reserves the right to adopt an emergency moratorium to -carry out this subsection. (3) Any residential development that is subject to a development agreement adopted by the city council prior to the adoption of this ordinance shall be exempt from the allocation program. Each year of the term of the development agreement an award shall be deemed automatically made from the annual allocation for the maximum number of dwelling units for which building permits may be obtained pursuant to the development agreement during the program year. (4) The annual allocation may be increased by the city council in an amount not to exceed ten percent (10 %), provided that the annual allocation for the next succeeding program year shall be reduced by an equal amount. Any annual allocation that is awarded but for which a residential building permit has not been issued within twenty -one (21) months after the award or for which a residential building permit lapses without being renewed by the City shall be deemed to have expired. Any portion of the annual allocation that is not awarded or that has expired may be carried over to the subsequent year and the annual allocation shall be adjusted accordingly. -5- CJK/Moorp-ORN D. Annual Infrastructure Report (1) Each year, the city council shall determine whether any portion of the annual allocation shall not be available for award. Prior to making the determi- nation, the city council shall receive and review an annual report including, but not limited to, sewer and water capacity, schools, police and fire services, streets and consistency with the City's General Plan and the Countywide Planning Program projections. (2) The city council shall review the report in January prior to awarding the annual allocation for the succeeding program year. SECTION 3. Any legal action to challenge any action by any governmental body or official performing a function under this ordinance must be filed in a Court of competent jurisdiction within thirty (30) days after the challenged action becomes final. SECTION 4. The city council may, after a public hearing and by a four - fifths vote, amend this ordinance, provided that the amendment is consistent with the intent and purpose of this ordinance. SECTION 5. This ordinance shall remain in effect until January 1, 2000 and shall thereon terminate; provided however, that a special municipal election shall be consoli- dated with the general municipal election to be held in 1994 for the submission to the qualified electors of the city of a measure to repeal this ordinance effective January 1, 1995. SECTION 6. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 7. That the City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall made a minute of the passage and adoption thereof in the -6- CJK /Moore -ORN records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. 19 PASSED AND ADOPTED this day of Mayor of the City of Moorpark, California ATTEST: City Clerk -7- C3K /Moorp -ORN