DATE:
February 15, 2022
TO:
Mayor and Council Members
FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
Jamie Carone, Management Analyst
SUBJECT:
Resolution Supporting the “Brand-Huang-Mendoza Tripartisan Land Use Initiative”
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-008 to express support of the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” to amend Article XI of the constitution of the State of California to ensure zoning and land use decisions remain in local control and are community affairs.
BACKGROUND
The “Brand-Huang-Mendoza Tripartisan Land Use Initiative” is a tri-partisan, ethnically and geographically diverse statewide coalition of local leaders working on a Constitutional Amendment Initiative for the November 8, 2022 ballot that will make all land use and planning a municipal affair only, as intended by the California State Constitution. The subject initiative has been filed with the California State Attorney General’s Office and received title and summary on November 1, 2021. The coalition will have 180 days to collect approximately 1.3 million signatures across California to qualify for the ballot this November.
This measure will amend the State Constitution to ensure zoning, land-use, and development decisions are made at the local level, and to stop the multitude of legislative bills like SB 9 and SB 10, originating from Sacramento that seek to override municipal and county control over land-use and development.
ISSUES/ANALYSIS
The Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues. Since 2017, the Legislature has passed roughly 80 housing bills under emergency powers, including the recent bills, SB 9 and SB 10, which eliminate single family zoning.
Most of the bills passed remove the authority of local jurisdictions to determine land use policies and practices that best suit each city and its residents and ignore the unique needs and circumstances of each community. Furthermore, the majority of these bills are passed under the auspices of increasing affordable housing; however, the majority of these bills do not provide any incentives or requirements for low-income housing. Instead, these bills impose new policies that will result in the addition of market-rate or luxury housing and will eliminate the opportunity for local jurisdictions to implement effective policies that will create affordable housing.
This initiative would amend the State Constitution to specify that actions by a city or county related to zoning, development, or land use would be a local affair and prevail over conflicting state laws. Under this measure, local laws that currently conflict with state law would become enforceable and local initiatives related to zoning or land use would prevail over state law. Proponents and supporters of the initiative include elected local government officials, affordable housing advocates, and residents of California that reject efforts to remove local communities and local elected officials from decisions regarding land use policies.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff
ATTACHMENT(S)
Resolution No. 2022-008
Exhibit A: Brand-Huang-Mendoza Initiative
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Brand-Huang-Mendoza Tripartisan Initiative
February 15, 2022