CA Review CKM
Meeting Date: July 18, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Legislative & Constituent Services Director [email protected] or 442-339-2917
Subject: Local Control Resolution
Districts: All
Reco
mmended Action
Consider a request from Council Member Burkholder to adopt a resolution expressing support for actions to further strengthen local democracy, authority and control in relation to local zoning and housing issues.
Executive Summary
Council Member Burkholder submitted the attached email (Exhibit 1) to the City Manager on May 5, 2023, requesting that the topic of a local control resolution be placed on an upcoming City Council agenda.1
Fiscal Analysis
No city funding is being requested.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review.
Exhibits
1. May 5, 2023, request from Council Member Burkholder to place an item on a City Council Agenda
2. City Council resolution
1 Carlsbad Municipal Code Section 1.20.060(C) states, “Items of business may be placed on the agenda by any member of the council, the city manager or the city attorney, or by council action. Council- originated items must be submitted to the city manager not less than seven days before the date of the council meeting at which the member desires the item to appear on the agenda. Nothing in this section precludes a council member from requesting council action to place an item on the agenda for a future meeting.” July 18, 2023
Item #12 Page 1 of 6
From: Scott Chadwick
To: Sheila Cobian
Subject: Fwd: Local Control Res
Date: Friday, May 5, 2023 7:47:01 AM
Let’s get this on a future city council docket as a cm initiated request.
Scott Chadwick
City Manager
City of Carlsbad
Sent from my iPhone
Begin forwarded message:
From: Melanie Burkholder <[email protected]> Date: May 5, 2023 at 07:45:32 PDT
To:
Scott Chadwick <[email protected]>
Subject: Re: Local Control Res
Yes, please
Dr. Melanie Burkholder
City Council Member, District 1
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
442-339-2830 (City Hall)
442-637-2853 (mobile/text)
From: Scott Chadwick <[email protected]>
Sent: Friday, May 5, 2023 7:36:59 AM
To: Melanie Burkholder <[email protected]> Subject: Re: Local Control Res
Good morning!
Would you like us to docket this at a future city council meeting? Exhibit 1
July 18, 2023
Item #12 Page 2 of 6
{ City of
Carlsbad
Scott Chadwick
City Manager
City of Carlsbad
Sent from my iPhone
On May 5, 2023, at 07:13, Melanie Burkholder
<[email protected]> wrote:
Hi,
With almost $1mil in unfunded mandates, I’m proposing this for the City.
https://localcontrolca.com/documents/Resolution%20Template%20- %20v1.pdf
July 18, 2023
Item #12 Page 3 of 6
RESOLUTION NO. _______________
RESOLUTION OF THE COUNCIL OF THE CITY OF _____________
EXPRESSING SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN LOCAL
DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED TO LOCAL
ZONING AND HOUSING ISSUES
WHEREAS, the legislature of the State of California each year proposes, passes, and has signed into law a number of bills addressing a range of housing issues; and WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation is successful in bringing about the change for the State of California’s housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs and differences of jurisdictions throughout the State of California; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond a ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for residential properties is a matter of great import to the City of ____________ among other items related to local zoning and housing issues; and
WHEREAS, the City Council of the City of ______________ feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of State legislation that deprives us of that ability;
NOW, THEREFORE, the Council of the City of ______________ resolves as follows:
Section 1. The City of ______________ is opposed to the current practice of the legislature of the State of California of continually proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them.
Section 2. The City of _____________ will explore various ways to protect the ability of cities to retain local control over zoning as each individual city within the State of California is best suited to determine how the zoning in their city should be allocated in order to meet the housing needs of the community.
Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and his/her certification to be entered in the Book of Resolution of the Council of this City.
July 18, 2023
Item #12 Page 4 of 6
RESOLUTION NO. 2023-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO FURTHER
STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED
TO LOCAL ZONING AND HOUSING ISSUES
WHEREAS, the legislature of the State of California each year proposes, passes, and signs into law a number of bills addressing a range of housing issues; and WHEREAS, the legislature of the State of California does not allow sufficient time between each legislative cycle to determine if the legislation is successful in bringing about change for the State of California's housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose mandates that do not take into account the needs and differences of jurisdictions throughout the State of California; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods within their jurisdiction; what plans and programs are suitable and practical for each community rather than having these decisions imposed upon cities without regard to the circumstances of each individual city; and what zoning should be allowed for residential properties is a matter of great import to the City of Carlsbad among other items related to local zoning and housing issues; and
WHEREAS, the City Council of the City of Carlsbad feels strongly that our local government is best able to assess the needs of our community and objects to the proliferation of state legislation that deprives us of that ability.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad is opposed to the current practice of the legislature of the State of California of continually proposing and passing multitudes of bills that directly impact and interfere with the ability of cities to control their own destiny through use of the zoning authority that has been granted to them.
Exhibit 2
July 18, 2023 Item #12 Page 5 of 6
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of J.!!!y, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
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KEITH BLACKBURN, Mayor
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July 18, 2023 Item #12 Page 6 of 6
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Tracey <[email protected]>
Monday, July 17, 2023 9:30 PM
City Clerk
City Council meeting July 18 - Item #12
All Receive -Agenda Item n/2
For the Information of the:
- t.l_Ti<iOUNCIL
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I want to express my support for actions to further strengthen local democracy, control, and authority over zoning and land use.
We DO NOT want the state or our governor to dictate the building codes for our cities/neighborhoods . NO MORE STATE MANDATES! VOTE OUT bills like SB10. Instead support responsible in-fill housing in our corridors, above our mini-malls, or in areas that make sense for future responsible growth---besides our backyards.
Why waste the water and energy and money and infrastructure for new development of precious (and rapidly becoming scarce) land when so much vacant space is already available in beneficial locations that could become useful and (as beheld in CA) - repu_rposed and recycled.
Sincerely,
Tracey Schropp
North County San Diego
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1 Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Council members,
David Moty <[email protected] >
Monday, July 17, 2023 10:12 PM
City Clerk
Item #12
If you have been following the news from the City of San Diego, you now know that the State has enacted laws that are shockingly authoritarian. For example, SBlO has a "One Council, One Vote, One Time" clause.
While Carlsbad may never opt in to SBlO, just the fact that the state legislature would enact such a law suggests that we all need to take a stand against state-level dictates , and stand for local democracy.
David Moty
San Diego, CA
CAUTION: Do not open attachmen ts or click on links unless you recognize the sender and know the content i 1 To: Clerk of the City of Carlsbad, Mayor, and Council Members From: D. Lech
REC EIVED
JUL 1 8 2023
CITY OF CARLSBAD
CITY CLERK'S OFFICE
Please include this written statement and attached items as a Public Comment in the City Council Agenda Packet of July 18, 2023 for:
Agenda Item #12, Local Control Resolution
I support the resolution proposed by Council Member Burkholder to pursue actions to further strengthen local democracy, authority, and control as related to zoning and housing issues. Thank you, Council Member Burkholder, for having the courage to step up to the plate after over a year of no progress in fighting against the unattainable State imposed mandates that are destroying our communities.
It's unfortunate that the League of California Cities and their Board Members have not lived up to their sole mission of supporting these very same goals through the Our Neighborhood Voices Initiative (ONV). If the ONV Initiative should pass, the cities would take back the power of planning and zoning from Sacramento and be able to make their own sensible, financially sound decisions with meaningful local input by the residents. With the passage of the Initiative, single family zoned neighborhoods would not continue to be destroyed, as is already happening because of the State mandates. We need to support the Our Neighborhood Voices Initiative at the ballot box in November of 2024. Thank you for standing up for democracy and representing the people of Carlsbad.
Our
•
T
here is a growing movement of Californians from every demographic and political perspective who do not believe in Sacramento politicians' "one size fits all" approach to critical land use planning and zoning decisions about what gets built - and where - in our communities. This grassroots coalition includes elected officials, community leaders and affordable housing advocates - and we have organized over 50,000 Californians and raised over $700,000, largely from small donations. Now, we must raise $9.8 million from a statewide network of supporters to qualify a constitutional ballot initiative for the November 2024 election, which when adopted will put local citizens back in charge of important land use and zoning decisions in their own communities instead of Sacramento politicians . Since we focus on empowering regular Californians to speak out and be heard on these issues, our campaign is called "Our Neighborhood Voices" or ONV for short.
Polling data shows voters agree
by more than 2 to 1 that local
communities should make their
own planning decisions, and
support for ONV increases with
every so-called "Builders Remedy"
project where developers take
advantage of state law loopholes
to build oversized, mostly
market rate developments in
single family neighborhoods.
Local democracy is fundamental
to the American - and the
California - Dream, so it is no
surprise that O NV has strong
multi-partisan support. It's one
Question
This year the California
legislature voted to strip local
communities of their role in
deciding how some residential
homes and apartments are built
and located . Under new laws,
developers can build as many as
6 units on a single residential lot,
and neighbors and local elected
officials have no say in the matter.
The legislators who supported
removing local decision s about
land use say it will make more
housing available in places where
it is needed . Opponents say we
don't need to take away local
land use authority to build more
affordable housing . A statewide
initiative seeks to restore powers
taken away by the legislature to
make local land use decisions.
thing that almost all Californians agree on!
If the election were
held today, how
would you vote?
65% Vote Yes on a Statewide
Initiative to Restore Local Land Use
Powers Taken by the Legislature
64.8%
22.7% 12.6%
Vote No
Unsure
oters are on our side, but we have to raise enough money to pay for signature gathering to help us collect nearly 1.4 million signatures by March 1, 2024 to qualify for the November 2024 ballot. We expect our statewide grassroots network will collect a significant portion of the required signatures, but we cannot collect over 1 million valid signatures using just Our
Neighborhood
Voices
volunteers unless we postpone the campaign until 2026 to recruit more volunteer signature gatherers. But the damage from one-size-fits-all state land use laws has already started, so we can't afford to wait.
In California, almost all ballot initiatives qualify via paid signature gathering efforts. They rely on a small group of firms that specialize in this type of campaigning- firms that charge on a per-signature basis, with the price of signatures rising or falling depending on demand.
Right now, the cost of each signature is between $8 and $9, and prices will increase as the qualification deadline nears. According to our petition management vendor (which has gathered more than 44 million signatures and qualified hundreds of state and local initiatives), we should plan to collect 1.4 million signatures to utilize the streamlined random sampling method of validating signatures. This means we must raise $9.8 million to guarantee we will qualify for the November 2024 general election ballot . Once ONV qualifies, the polling data indicates a very strong likelihood that we will win a simple majority of voters.
We expect to have title and summary from the Attorney General by August 31, which gives us a short amount of time to secure funding commitments. All large donations will be dedicated to signature gathering, and we can provide large donors with weekly reports from the ONV campaign treasurer upon request to maximize transparency and donor input. All campaign overhead and other administrative expenses are already met by current fundraising efforts.
To help push back against Sacramento's over-reach into local neighborhoods, please visit https://ourneighborhoodvoices.com/donate . Thank you for your support! We believe in the power of local democracy, and we are committed to getting ONV qualified for the 2024 election to restore local democracy and protect the California dream! ➔ Join us at OurNeighborhoodVoices.com
Paid for by Brand-Mendoza-Candell Tri partisan Land Use Initiative, committee major funding from Reyla Graber
AIDS Healthcare Foundation
FPPC ID# 1439787
YIMBYLAND O @YIMBYLAND · Jun 13
Drop a cool photo of you cloing you r job \
O PINI O N LETTERS TO THE E D ITOR
Chronicle reader s
Ju lv 11. 20:21
00@ 1 •
Keep local control
Rega rdin g "'Is th t SO-story S. F. co nd o to we r
ac tually real istic, or just 'fear -mon ge rin g'?"
(San Fran cisco , SFCh ro ni cle.co m , Jul y 11):
Th e story desc rib ed Our Ne ighb orh ood
Voices as a group that "oppo ses
Sacra mento 's effort s to fo rce cit ies to
in crease ho usin g prod uction.' '
We do not oppose effo rts to in crease
housing produ ction - we oppose th e one
size-ft ts-a ll blank chec k give n to deve lopers
to build lu xury h ous ing that di sp laces
wo rkin g peop le and do es not make hou sing
mor e affordab le.
We nee d more affordab le housing al l over
Ca li fo rni a. We just believe th at Sacra me nt o
politician s s h ould not all ow for-profit
deve loper s to build luxury to we rs wi th out
any comm unit y in p ut. \Ve believe neighbor s
a nd their local electe d leade rs have the right
to shape th e futur e of th eir co mmuniti es.
If yo u agree, vve encoura ge yo u to lea rn
mor e abo u t our initi ative ancl ways yo u can
help at ourne ighborhood vo ices.co m.
Jovjta l\ll endo zn. Br entwood
Our ~------~
•
So How Does Our Initiative Stop Sacramento Overreach?
We often get technical questions about how the "Our Neighborhood Voices" Initiative ("ONV") will stop harmful laws like SB 9 and SB 35 from nullifying the rights of local communities to make our own land use planning and zoning decisions. ONVaccomplishes this by amending Article XI of the California Constitution to designate three different types of laws:
1. A land use planning and zoning statute is any state law that impacts or restricts local land use planning or zoning laws or policies in any way.
2. A covered state statute is any state law that addresses a legitimate statewide concern, such as environmental protection, public health & safety, large-scale infrastructure projects or fair housing.
3. A local law is any land use planning or zoning law put into effect by a city or county.
The first major thing that ONV does is allow cities & counties to adopt local laws that override conflicting state land use planning and zoning statutes. As an example, a city or county could enact an ordinance that prevents more than one dwelling unit in the R-1 zone, thereby overriding SB 9. To further restrict the State Legislature's ability to attack local democracy, ONV requires all covered state statutes adopted after January 1, 2016, to include findings that list the specific goals, purposes, and objectives of the state law. This stops one-size-fits-all state laws like SB 35 and SB 10 from qualifying as covered state statutes simply by including vague references to a "statewide housing crisis" or "access to affordable housing" in the bill.
ONV also prevents the State Legislature and the Governor from punishing cities or counties that choose to utilize the power of ONV by changing state funding appropriations or by giving a preference to local governments that choose to comply with state land use planning and zoning statutes. ONV further strengthens local democracy by expressly preventing a city or county from superseding or interfering with local voter-approved initiatives.
To support the creation of more affordable housing, ONV exempts state laws that affect local government review of 100% affordable housing projects that are consistent with local land use and zoning laws and incorporate skilled and trained labor-these state laws would be deemed covered state statutes. ONV also addresses California's urgent need for more affordable housing by repealing Article 34, which amended the California Constitution in 1950 via a state.wide initiative sponsored by the California Association of Realtors ("CAR") that requires a local majority vote before any "low rent housing project" can be approved. Article 34 was so harmful to California that CAR issued a formal apology in 2022 acknowledging its past role in shaping discriminatory housing policies like Article 34. With a serious statewide crisis involving homelessness and lack of truly affordable housing that affects millions of Californians, we cannot afford any state-imposed restrictions on the ability of local communities to make our own land use planning and zoning decisions.
Paid for by Brand-Mendoza-Candell Tripartisan Land Use Initiative. committee major funding from Reyla Graber
AIDS Healthcare Foundation
FPPC ID# 1439787
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear Carlsbad Council Members:
Danna Givot <[email protected]>
Tuesday, July 18, 2023 12:45 PM
City Clerk
Item #12. Our Neighborhood Voices Initiative
I am writing today to encourage you to support the Our Neighborhood Voices (ONV) Initiative.
In recent years, Sacramento and the State of California have usurped the zoning power of local municipalities to plan and zone for their communities . The result is that cities, counties and communities throughout the state are having impossible housing goals set for them and zoning code imperatives shoved down their throats that have no sensitivity to the differing needs or challenges facing individual areas. If ONV passes, the responsibility for zoning would be removed from Sacramento and the state and returned to the local entities, which have the knowledge and experience of their individual problems and opportunities to make the best, most informed choices for their own communities .
More than two-thirds of voters believe that local communities should make their own planning decisions. In order for that to once again happen in California, we must take back the power of planning and zoning from · Sacramento and return it to local entities like Carlsbad. Please support the Our Neighborhood Voices Initiative so Carlsbad and cities, counties and communities throughout California can once again control their own future plans and make their own, locally-informed zoning decisions.
Thank you for your consideration,
Danna Givot
Vice Chair, Neighbors For A Better San Diego
CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe.
1 Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
I p <[email protected] >
Tuesday, July 18, 2023 11 :46 AM
City Clerk
Agenda Item #12 City Council Meeting 07-18-23
· Please include the following Public Comment :
All Receive - Agenda Item # J..2
For the Information of the:
~ ITV COUNCIL
Oate'7. ~ CA v CC ~
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I support the resolution proposed by Council Member Burkholder to uphold democracy and rule by the people by pursuing actions to further strengthen local democracy, authority, and control as related to zoning and housing issues. The League of California Cities, the organization that is supposed to be protecting these rights of the cities that have been wiped away by the State, has not come forward to protect or reinstate those rights the cities once had. So, thank you, Council Member Burkholder, for moving ahead on this critical issue.
Regards,
L. Persico
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1 Tammy Cloud-McM inn
From:
Sent:
To:
D Lech <[email protected]>
Tuesday, July 18, 2023 12:01 PM
City Clerk
Subject : Item #12 Local Control Resolution
Please include the following public comment for Agenda Item # 12 ,July 18, 2023 From: Danna Givot <[email protected]>
Date: Tue, Jul 18, 2023 at 12:45 PM
Subject: Item #12. Our Neighborhood Voices Initiative
To: <clerk@carlsbadca .gov>
Dear Carlsbad Council Members:
I am writing today to encourage you to support the Our Neighborhood Voices (ONV) Initiative.
In recent years , Sacramento and the State of California have usurped the zoning power of local municipalities to plan and zone for their communities. The result is that cities, counties and communities throughout the state are having impossible housing goals set for them and zoning code imperatives shoved down their throats that have no sensitivity to the differing needs or challenges facing individual areas. If ONV passes, the responsibility for zoning would be removed from Sacramento and the state and returned to the local entities, which have the knowledge and experience of their individual problems and opportunities to make the best, most informed choices for their own communities .
More than two-thirds of voters believe that local communities should make their own planning decisions . In order for that to once again happen in California, we must take back the power of planning and zoning from Sacramento and return it to local entities like Carlsbad. Please support the Our Neighborhood Voices Initiative so Carlsbad and cities, counties and communities throughout California can once again control their own future plans and make their own, locally-informed zoning decisions.
Thank you for your consideration,
Danna Givot
Vice Chair, Neighbors For A Better San Diego
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