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2000/07/25 City Council Resolution (13)RESOLUTION NO. 2000 -155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CALLING A SPECIAL MUNICIPAL ELECTION, TO BE HELD WITH THE CONSOLIDATED GENERAL ELECTION ON NOVEMBER 7, 2000, TO SUBMIT TO THE VOTERS OF THE CITY AN ARTICLE XXXIV BALLOT MEASURE. WHEREAS, Article XXXIV of the California Constitution specifies that no low - rent housing project shall be developed or acquired unless approved by a majority of voters; and WHEREAS, in Davis v. City of Berkeley, the California Supreme Court held that one election may be held for an unspecified number of projects provided the ballot measure lists the number of low -rent housing units to be developed or acquired; and WHEREAS, the City Council of the City of Rohnert Park has decided to ask the voters of the City of Rohnert Park for authority to assist the development or acquisition of low -rent housing units; and WHEREAS, pursuant to the State CEQA Guidelines, the Rohnert Park Director of Planning and Community Development has prepared a Negative Declaration describing that the proposed ballot measure will not have a significant effect on the environment and does not required the preparation of an environmental impact report; and WHEREAS, this measure is submitted to the voters of the City of Rohnert Park pursuant to the authorization provided by Elections Code Section 9222. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Rohnert Park as follows: Section One. The City Council has reviewed and considered the negative declaration prepared for this project together with any public comments received during the review period. Section Two. The City Council adopts the negative declaration based upon the following findings: a. There is no substantial evidence that the project will have a significant effect on the environment based upon the whole record before the City Council. b. The negative declaration reflects the City Council's independent judgement and analysis. Section Three. The Planning Department located at 6750 Commerce Blvd. is the location and custodian of the record of proceedings upon which this decision is based. RESOLUTION NO. 2000 -155 (page 2 of 3) Section Four. A special municipal election is hereby called on November 7, 2000, at which the following question will be submitted to the registered voters of the City of Rohnert Park: Without increasing taxes, shall private sponsors with government assistance be allowed to develop, construct, or acquire low -rent housing subject to these conditions: Authorized units shall not exceed four percent of units in the City; No more than 15 percent of the units shall be located in any Section (A through S) or specific plan area; Twenty percent of the units shall be reserved for elderly or disabled households; The authorization shall expire November 8, 2020? BE IT FURTHER RESOLVED that the City Clerk is directed to transmit a certified copy of this resolution to the Board of Supervisors and to the County Clerk to include in the Ballot for the November 7, 2000 Consolidated General Election. BE IT FURTHER RESOLVED that pursuant to Elections Code section 10403, the City Council of the City of Rohnert Park requests that the Board of Supervisors consolidate the special municipal election on this measure with the Consolidated General Election to be conducted on November 7, 2000 and any other election held on the same day within the City of Rohnert Park. BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park requests that the Sonoma County Board of Supervisors permit the County Elections Official and the elections department of Sonoma County to prepare all required notices and election materials for the holding of the special municipal election, give all such required notices and send to the City's registered voters all required election materials, conduct the special municipal election and canvass the vote received, and take all steps necessary and required for the holding of the special municipal election to be consolidated with the Consolidated General Election and other elections within the City of Rohnert Park, BE IT FURTHER RESOLVED that the City of Rohnert Park recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs. BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park, in accordance with the provisions of Elections Code Section 9285(b) hereby repeals any previous adoption of the provisions of Elections Code section 9285(b), and the Council hereby permits rebuttal arguments, as described in Elections Code section 9285(a), on the measure to be placed on the ballot under the provisions of this resolution. RESOLUTION NO. 2000 -155 (page 3 of 3) BE IT FURTHER RESOLVED that the City Clerk is directed to transmit a certified copy of this resolution to the City Attorney, ' who shall prepare an impartial analysis of the same. The City Attorney is authorized to prepare the ballot title and a summary of the measure if a summary is necessary. BE IT FURTHER RESOLVED that the City Clerk is directed to transmit a certified copy of this resolution to the Sonoma County Board of Supervisors, the County Clerk and the elections department of the County of Sonoma. DULY AND REGULARLY ADOPTED by the City County of the City of Rohnert Park this 25th day of July 12000. CITY OF ROHNERT PARK FLORES: AYE MACKENZIE: AYE REILLY: AYE SPIRO: AYE VI®AK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) i