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Home My WebLink AboutRES CC 2012 3112 2012 0620 RESOLUTION NO. 2012-3112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; AND FOR SUBMISSION TO THE VOTERS OF A BALLOT MEASURE QUESTION RELATING TO ARTICLE 34 AUTHORIZATION FOR THE CITY OF MOORPARK TO DEVELOP, CONSTRUCT, OR ACQUIRE UP TO A MAXIMUM OF 200 LOW RENT HOUSING UNITS AFFORDABLE TO PERSONS OF LOW INCOME IN THE CITY OF MOORPARK IN A 10-YEAR PERIOD; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF VENTURA TO CONSOLIDATE SAID MUNICIPAL ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION ON SAID DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 6, 2012, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the General Municipal Election a ballot measure question consistent with Article 34 of the California Constitution, and the ballot question is included in Section 2 of this resolution and the proposed complete text of the ballot measure ordinance is included as Exhibit A to this resolution. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Moorpark, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years and two (2) Members of the City Council for the full term of four (4) years. SECTION 2. That the City Council, pursuant to its right and authority, does also order submitted to the voters at the General Municipal Election on November 6, 2012, the following question: Resolution No. 2012-3112 Page 2 Yes Shall the City of Moorpark be authorized to develop, construct, or acquire up to a maximum of two hundred (200) low rent housing units, affordable to persons of low income, in the City No of Moorpark over a ten (10)-year period commencing upon the effective date of the authorization ordinance? I SECTION 3. That the proposed complete text of the ballot measure ordinance to be submitted to the voters is attached hereto as Exhibit A. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Ventura is hereby requested to consent and agree to the consolidation of said General Municipal Election with the Presidential General Election on Tuesday, November 6, 2012. SECTION 6. 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 pursuant to Section 10242 of the Elections Code, except as provided in Section 14401 of the Elections Code. SECTION 7. That 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 8. 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 9. That notice of the time and place of holding the 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 required by law. SECTION 10. That pursuant to the provisions of Section 15651(a) of the Elections Code, and City Council Resolution No. 2010-2929, a tie vote shall be determined and resolved by lot. SECTION 11. 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 and the County Clerk of the County of Ventura. Resolution No. 2012-3112 Page 3 SECTION 12. 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 this 20th day of June, 2012. Ja ice S. ParVin, Mayor ATTEST: K fi Maureen Benson, City Clerk Exhibit A: AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE CITY OF MOORPARK TO DEVELOP, CONSTRUCT, OR ACQUIRE UP TO A MAXIMUM OF TWO HUNDRED (200) LOW RENT HOUSING UNITS, AFFORDABLE TO PERSONS OF LOW INCOME, IN THE CITY OF MOORPARK OVER A TEN (10)-YEAR PERIOD COMMENCING UPON THE EFFECTIVE DATE OF THE AUTHORIZATION ORDINANCE Resolution No. 2012-3112 Page 4 EXHIBIT A AN ORDINANCE OF THE PEOPLE OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE CITY OF MOORPARK TO DEVELOP, CONSTRUCT,OR ACQUIRE UP TO A MAXIMUM OF TWO HUNDRED (200) LOW RENT HOUSING UNITS, AFFORDABLE TO PERSONS OF LOW INCOME, IN THE CITY OF MOORPARK OVER A TEN (10)- YEAR PERIOD COMMENCING UPON THE EFFECTIVE DATE OF THE AUTHORIZATION ORDINANCE WHEREAS, Article 34 of the California Constitution requires approval of a majority of the qualified electors before any low rent housing project can be developed, constructed, or acquired by any state public body; and WHEREAS, on June 8, 1982, prior to incorporation of the City of Moorpark ("City"), an election was held in the County of Ventura in which the voters within the unincorporated area of the County voted in favor of an Article 34 referendum measure to authorize the Area Housing Authority of the County of Ventura to be permitted to develop, construct or acquire, utilizing any federal or state or local financial assistance, housing units for low income persons, including the elderly, handicapped or disabled,within the unincorporated area, not to exceed in number 3% of the dwelling units within the unincorporated area;and WHEREAS,the Moorpark City Council approved Ordinance No. 17 on April 4, 1984, finding that a majority of the qualified electors of the City, voting on the Article 34 referendum in the 1982 election, authorized the Area Housing Authority of the County of Ventura to develop, contract or acquire, utilizing any federal or state of local financial assistance, housing units for low income persons, including the elderly, handicapped or disabled, within the City of Moorpark, not to exceed in number 2% of the dwelling units within the City; and WHEREAS, on December 29, 2011, the California Supreme Court announced its decision in California Redevelopment Association v. Matosantos upholding Assembly Bill (AB) X1 26, which was intended to dissolve all redevelopment agencies in California effective February 1, 2012, including the Redevelopment Agency of the City of Moorpark; and WHEREAS, the City on January 4, 2012, elected to assume the housing functions and take over the housing assets of the Redevelopment Agency of the City of Moorpark, along with related rights, powers, liabilities, duties and obligations, thereby becoming the Successor Housing Agency for the Redevelopment Agency of the City of Moorpark; and Resolution No. 2012-3112 Page 5 WHEREAS, on May 16, 2012, the City Council approved the City's General Plan Housing Element update, which is required to identify adequate sites for housing for the existing and projected needs of all economic segments of the community as determined by a Regional Housing Needs Assessment (RHNA); and WHEREAS, the City's adopted Housing Element incorporates the RHNA for 2006 through 2014, which identifies a housing need of one thousand six hundred and seventeen (1,617) housing units in the City, of which six hundred and fifty-five (655) units should be for very low and low income ranges; and WHEREAS, voter approval of the authority for the City to develop, construct, or acquire up to a maximum of two hundred (200) low rent housing units that are affordable to persons of low income in the City within a ten (10)-year period is consistent with the City's General Plan Housing Element objectives; and WHEREAS, voter approval of the ballot measure does not increase taxes, has no fiscal impact, and does not grant approval for any specific project, as each would go through the public review process; and WHEREAS, the City's Community Development Director has determined that the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PEOPLE OF THE CITY OF MOORPARK DO ORDAIN AS FOLLOWS: SECTION 1. Title, This voter approved ballot measure shall be known as the City of Moorpark Article 34 authorization ordinance. SECTION 2. Definition of terms. (a) The term "City of Moorpark" or"City" shall mean the City of Moorpark of the State of California and shall include the City and any other City agency for which the City Council serves as the governing body. (b) The term "housing unit," shall mean a residential dwelling designed for human occupation, and shall include but not be limited to apartments, condominiums, townhouses, single family homes, duplexes, and mobile homes. (c) The term "low rent housing unit" shall mean a housing unit that is located within a low rent housing project. Resolution No. 2012-3112 Page 6 (d) The terms "develop," "construct," "acquire," "low rent housing project," and "persons of low income"shall be interpreted in accordance with Article 34 of the California Constitution, Health and Safety Code Sections 36000 et seq. and 37000 et seq., and any successor legislation thereto. SECTION 3. Article 34 Authorization. Consistent with Article 34 of the California Constitution,the City of Moorpark is authorized to develop, construct, or acquire up to two hundred (200) low rent housing units, affordable to persons of low income, in the City of Moorpark over a ten (10)-year period commencing upon the effective date of the ordinance approved by majority vote of the qualified electors of the City. SECTION 4. Scope of Authorization. (a) The low rent housing authorized by this ordinance shall be in addition to any other Article 34 authorization granted by the qualified electors of the City of Moorpark or County of Ventura within the City's jurisdictional boundaries before or after the adoption of this ordinance. (b) Any low rent housing project authorized by this ordinance may be funded in any manner permitted by law. (c) This ordinance does not restrict or limit the City's authority to develop or assist in the development of housing that is not subject to Article 34. SECTION 5. Effective Date. This ordinance shall be adopted if approved by the majority of the qualified electors at the City's General Municipal Election to be held on November 6, 2012; and shall be effective ten (10) days following the date upon which the City Council declares by resolution the election results for the General Municipal Election held on November 6, 2012. SECTION 6. Severability. 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 sections, subsections, sentences, clauses, phrases, parts or portions of this ordinance. The voters hereby declare that they 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 of this ordinance be declared invalid or unconstitutional. Resolution No. 2012-3112 Page 7 STATE OF CALIFORNIA COUNTY OF VENTURA ss. CITY OF MOORPARK 1, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2012-3112 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of June, 2012, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of June, 2012. Maureen Benson, City Clerk (seal) O