Pass: 5,050 / 52.19% Yes votes ...... 4,626 / 47.81% No votes

See Also: Index of all Measures

YES
NO

Amends the City's Residential Development Control System ("RDCS"), originally adopted by the voters as Measure E in 1977 and as subsequently amended by the voters as Measure P in 1990 and as Measure C in 2004. The proposed amendment authorizes an allocation of up to 100 additional residential dwelling unit allotments for projects containing up to 25 dwelling units within the Downtown Core, an area defined as south of Main Avenue, north of Dunne Avenue, east of Del Monte Avenue and west of the railroad tracks. The City Council may establish procedures for awarding these allotments which may not require a formal competition, but does require that all projects must meet minimum RDCS scores and be consistent with the Downtown Plan adopted by the City Council in 2003. Additionally, the proposed amendment would authorize acceleration of existing residential dwelling unit allotments awarded in March 2006 within the Downtown RDCS Boundary. The Downtown RDCS Boundary extends beyond the Downtown Core, generally extending north to Central Avenue, south to Bisceglia Avenue, east to Butterfield Boulevard and west to Del Monte Avenue.

If this proposed amendment passes, the RDCS ordinance would remain in full force and effect as amended by Measure F until fiscal year 2019/20. If this proposed amendment fails, there would be no change to the existing RDCS ordinance, which would remain in effect until fiscal year 2019/20.

RDCS requires allotments for residential development be awarded through a competitive process. RDCS sets forth a formula for calculating the number of allotments, using a population ceiling of 48,000 as of January 1, 2020, consistent with the City's 2001 General Plan, and requires a determination of the number of allotments available in each competition to be calculated biennially based on official population figures, with specified adjustments. For example, there were 250 residential dwelling unit allotments awarded for fiscal year 2007/08. The specific scoring criteria used to rank competitors is established by the City Council and following each year's competition, that criteria is evaluated by the Planning Commission which may make recommendations to the Council for further refinement consistent with the RDCS. The approval of Measure F could result in an accelerated construction of housing in the Downtown Core but would not increase the total number of residential units authorized to be built in the City by the current RDCS.

The above statement is an impartial analysis of Measure F. If you desire a copy of the ordinance or measure, please call the City Clerk's office at (408) 779-7259. A copy will be mailed to you at no cost.

City of Morgan Hill
/s/ Janet C. Kern
City Attorney

City of Morgan Hill

Municipal Code

Morgan Hill Times

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San Jose Mercury News

Measure F will make it possible to fill in some of the vacant lots in downtown with attractive housing and retail that will enhance our downtown. This Measure does not alter our growth control measure in any way, it merely sets aside up to 100 housing units for our downtown that would otherwise be built in outlying areas of our city.

Current regulations make it financially difficult to build in our downtown due to land costs and small lot sizes. Measure F will help make these projects feasible by allowing them to avoid competing with large-scale developments. Measure F will allow not more than 100 units to be built downtown, and only if they successfully compete against other downtown projects, pass architectural review and are in line with the Downtown Plan and other design guidelines. Every project will include retail space, which will bring much-needed businesses to our downtown core. Measure F will help reduce urban sprawl, while making it possible to build desirable market rate housing in our downtown.

Measure F is endorsed by the Morgan Hill Downtown Association, the Morgan Hill Chamber of Commerce, environmentalists, smart growth advocates and the entire Morgan Hill City Council. Please join us in supporting Measure F.

/s/ Greg Sellers
Councilmember

/s/ Steve Tate
Councilmember

/s/ Mark Grzan
Councilmember

/s/ Dennis Kennedy
Mayor

The argument for this measure claims it does not alter current growth control, but it does. It allows 100 housing units to be built sooner than they would otherwise be built.

The argument for this measure also claims that it will result in 100 units being built in the downtown rather than in outlying areas. This is not correct. The same number will be built in outlying areas, but just a little later. It does not reduce urban sprawl.

This measure also does NOT change land costs or lot sizes. The City Council has already taken substantial steps to reduce the cost of downtown development by eliminating Below Market Rate housing requirements and reducing parking requirements.

The measure is also not needed to allow downtown projects to compete against "large-scale developments." For many years, the City's various growth control measures have allowed the City to "further divide the allotments according to geography, price, development size" etc. The Council has already used this language to get 363 units assigned in the downtown. They don't need this measure to continue to reserve more units for downtown.

Vote "NO" on Measure F.

/s/ Fred Amoroso

Measure F does NOT promote cost-effective or efficient land utilization for downtown housing projects. Currently, the City's General Plan typically allows only 8 to 18 units per acre, a level too low to justify many projects without heavy City subsidization. These City development standards need changing before more units are allowed!

The Measure allows more development to occur before the groundwork is in place for successful long-term development. The City will spend more but get less. It will get fewer downtown housing units and people than what would otherwise be achieved.

The Measure allows more downtown projects to develop with greatly softened requirements. This has the following negative impacts:
- Since downtown projects do not need to provide Below Market Rate (BMR) housing, the City will have difficulty meeting the State's requirements for affordable housing. The City will need to spend more to compensate for the loss of BMR housing units, or shift the units and financial burden to non-downtown developments.
- Since parking requirements have been greatly reduced for downtown developments, the City will need to provide additional, and expensive, downtown parking places.
- Since downtown projects have been increasingly relieved of providing improvements such as lighting or other infrastructure near their projects (as other developments do), the City will need to provide more support.

The Measure also reduces the number of housing units available for completing non-downtown projects. This extends the time that construction is occurring in these neighborhoods and prolongs the time that HOA fees are spread over fewer units.

Vote "NO" on Measure F.

/s/ Fred Amoroso

Measure F is supported by environmentalists and realtors, small downtown businesses and large employers, and a broad cross section of people from throughout Morgan Hill. Why? Because it will build a strong community downtown while adding hundreds of jobs, thousands of local sales tax dollars, and will help turn our downtown into a special location we can all be proud of.

Every unit of housing built downtown for more than two decades has been below market, and downtown will continue to provide more than its share of affordable housing. But to build a community requires a variety of housing for a variety of people. Measure F will provide housing for young professionals, early retirees, seniors and families. It will fill in the vacant parcels in our downtown, particularly along Monterey Road and Third Street. And, despite what opponents claim, Measure F won't cost the city a penny. It will merely make it easier for private property owners to invest their money in downtown, and it will make downtown projects better for the community.

Parking and other infrastructure improvements are already included in our city's master plan for downtown. Excess regulations and financial burdens have kept downtown properties vacant; Measure F opponents want to burden our downtown with so many fees and regulations that no housing will ever be built.

Please join your neighbors and community leaders throughout Morgan Hill in supporting Measure F.

/s/ Greg Sellers
Councilmember

/s/ Steve Tate
Councilmember

/s/ Mark Grzan
Councilmember

/s/ Dennis Kennedy
Mayor

RESOLUTION NO. 6041

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR SUBMITTAL TO THE VOTERS OF A BALLOT MEASURE TO AMEND MEASURE C AS IT RELATES TO THE DOWNTOWN RESIDENTIAL UNIT ALLOTMENT PROCESS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA COUNTY TO CONSOLIDATE AND RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION.

WHEREAS, Measure C, the City initiative measure passed in 2004 by the voters of Morgan Hill, governs the City's Residential Development Control System; and,

WHEREAS, based upon the recommendation of a committee of the City Council, which solicited public input, it is proposed to amend Measure C to establish a process for allocating up to 100 additional residential unit allotments for projects of up to 25 units within the downtown core (defined as from south of Main, north of Dunne, east of Del Monte, and west of the railroad tracks); and for allowing earlier starts and completions for downtown projects allotted in March 2006 within the Downtown RDCS Boundary; providing that all projects are consistent with the Downtown Plan and meet minimum RDCS scores, and;

WHEREAS, this amendment will provide additional flexibility for downtown housing and mixed used projects to obtain residential unit allotments outside of the established allotment competition thereby facilitating development consistent with the adopted Downtown Plan (the "RDCS Update"); and,

WHEREAS, the proposed RDCS Update is consistent with the Downtown Plan and within the levels already analyzed by the Mitigated Negative Declaration adopted for the Downtown Plan and therefore this measure is exempt from further review under the California Environmental Quality Act; and

WHEREAS, Measure C, Ordinance No. 1665 N.S. may only be amended by a vote of the citizens of Morgan Hill; and,

WHEREAS, the City Council of the City of Morgan Hill, California, desires to submit to the voters at the General Municipal Election the proposed RDCS Update, to amend portions of the City's General Plan and Municipal Code as adopted by Measure C and relating to the City's Residential Development Control System; and,

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 Tuesday, November 7, 2006, for the submittal of such a ballot measure to the voters.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. 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 Morgan Hill, California, on Tuesday, November 7, 2006, a General Municipal Election for the purpose of submitting to the voters of a ballot measure to amend Measure C.

SECTION 2. Pursuant to the requirements of the State of California, at the General Municipal Election on Tuesday, November 7, 2006, the following question shall be submitted to the voters:

Shall an ordinance be adopted to amend the Morgan Hill General Plan and Municipal Code Residential Development Control System to allow 100 additional residential allotments for projects of up to 25 units within the Downtown Core; and allowing earlier starts and completions for projects located within the Downtown RDCS Boundary allotted in March 2006; provided that all projects are consistent with the Downtown Plan and meet minimum RDCS scores?

YES
NO

and

SECTION 3. That the text of the ballot measure is attached to this resolution as Attachment A.

SECTION 4. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 5. 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, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 6. That the City Clerk 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 7. That pursuant to the provisions of § 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish to the City for use in conducting the election the computer record of the names and address of all eligible registered voters in the City in order that the City may print labels to be attached to self mailer sample ballot pamphlets; and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and will make available to the City additional election equipment and assistance according to state law.

SECTION 8. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 9. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution.

SECTION 10. 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 11. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

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 by the City Council of the City of Morgan Hill at a regular meeting held on the 26th day of July, 2006 by the following vote:

AYES: COUNCIL MEMBERS: Larry Carr, Mark Grzan, Dennis Kennedy, Greg Sellers, Steve Tate

NOES: COUNCIL MEMBERS: None

ABSTAIN: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

ATTEST:

APPROVED:

Irma Torrez, City Clerk

Dennis Kennedy, Mayor

CERTIFICATION

I, IRMA TORREZ, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. 6041, New Series, adopted by the City Council at a Regular Meeting held on July 26, 2006.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE:_____________________ ___________________________________ IRMA TORREZ, City Clerk