Loading...
HomeMy WebLinkAboutReso 2006-252 e e e RESOLUTION NO. 2006-252 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, APPROVING THE CITY ATTORNEY IMPARTIAL ANALYSIS, AND DIRECTING STAFF TO SUBMIT THE ANALYSIS TO THE REGISTRAR OF VOTERS WHEREAS, pursuant to Article 34 of the California Constitution, a majority of the qualified electors of the City must approve the potential development, construction, or acquisition of affordable low income rental housing units if those units are assisted by a state public body, either [mancially or by supplying all or part of the labor, or otherwise; and WHEREAS, in April 1978, the voters approved 400 units of low income rental housing pursuant to Article 34; and WHEREAS, the City has nearly exhausted this allocation; and WHEREAS, staff wishes to place a proposed ballot measure on the November 7, 2006 statewide general election ballot to authorize the City to participate in 1,600 additional low income rental housing projects pursuant to Article 34; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately reviewed in the previously certified Final Environmental Impact Report for the General Plan Update (FEIR 05-01). FEIR 05-01 analyzed the development of a maximum General Plan residential buildout density within the City and the maximum number of units that could be developed under the proposed ballot measure would not exceed the maximum permitted in the General Plan. Therefore, pursuant to California Code of Regulations Title 14, Chapter 3, Section 15168( c )(2) no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes staff to place a ballot measure on the November 7, 2006 statewide general election ballot approving the potential development, construction, or acquisition of affordable low income rental housing units. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the impartial analysis by the City Attorney as attached to this Resolution as Exhibit A, and directs City staff to submit the analysis to the County Registrar of Voters in compliance with California Elections Code sections 9280 and 10403, to be submitted to the Electorate at the Municipal Election to be held on Tuesday, November 7, 2006. rre.~"'" br 2- Approvol " '0 form by ~ ~""'C~~~CA~ Ann Hix Ann Moore ' Acting Community Development Director City Attorney Resolution No. 2006-252 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, --.. California, this 8th day of August 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, and Rindone NAYS: Councilmembers: None ABSENT: Councilmembers: McCann, Padilla ATTEST: ~- f,. 8s -b-... .Ii R. ~one, Acting Mayor ~==--~1t.~ Susan Bigelow, MMC, C Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) .-. I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2006-252 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of August 2006. Executed this 8th day of August 2006. - ~ ~~~~ -r 1--1~ Susan Bigelow, MMC, Cit lerk .-. e e e Resolution No. 2006-252 Page 3 Exhibit A CITY OF CHULA VISTA MEASURE 1: QUESTION: AFFORDABLE HOUSING FOR THE CITY OF CHULA VISTA. Do voters authorize the potential development, construction and/or acquisition of up to 1,600 affordable low-income rental housing units throughout the City? Any affirmative vote on this measure has no fiscal impact, nor does it grant approval for any specific project, as each would go through the public review process. This proposition requires approval by a simple majority (50% plus one vote) of the voters to pass. CITY ATTORNEY IMPARTIAL ANALYSIS: On November 7, 1950, the voters of the State of California adopted Article 34 of the California Constitution, entitled the Public Housing Project Law, which requires approval by a majority of City electors for the development, construction, or acquisition of a low rent housing project in the City by a state or local public agency. Article 34 defines "low rent housing project" as any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, which is financed in whole or part by public funds or which receives another form of assistance from a public agency, such as labor. The voter approval requirement of Article 34 does not apply to projects designed, planned, financed, constructed, and owned by a private entity. The California Supreme Court has held that the voter approval required by Article 34 can be satisfied by a vote granting authority for a designated maximum number of housing units, without having voters approve each specific project. In 1978, City of Chula Vista voters approved 400 units of affordable low income rental housing units in the City. The City has nearly exhausted this allocation. The City Council has authorized the placement on the ballot of a proposition seeking further voter approval pursuant to Article 34 for the development, construction, or acquisition of up to 1,600 low rent housing units in the City for persons of low income. A vote in favor of the measure will not have any fiscal impact and will not grant approval for any specific project. Specific low rent housing projects in the City would be subject to further approval and a public review process. This ballot measure will take effect if passed by a majority of the City's voters.