HomeMy WebLinkAbout2025-06-17; City Council; 16; Council Member Request: Consider Resolution of Support for Our Neighborhood Voices Ballot InitiativeCA Review CKM
Meeting Date: June 17, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Faviola Medina, Director of Constituent & Clerk Services
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Council Member Request: Consider Resolution of Support for Our
Neighborhood Voices Ballot Initiative
Districts: All
Recommended Actions
Consider a request from Council Member Burkholder to review and discuss whether to support
the resolution for the Our Neighborhood Voices Ballot Initiative that was initially presented to
the Legislative Subcommittee on May 13, 2025.
Executive Summary
Council Member Burkholder submitted the email attached as Exhibit 1 to the City Manager on
May 16, 2025, requesting that the Our Neighborhood Voices Ballot Initiative – Resolution of
Support that was initially presented to the Legislative Subcommittee on May 13, 2025, be
placed on a future agenda for the City Council’s consideration,1 specifically to review and
discuss whether to support the resolution.
Fiscal Analysis
No city funding is being requested.
Environmental Evaluation
The proposed action to discuss and reconsider the use of a City Council policy is exempt from
environmental review under California Environmental Quality Act Guidelines Sections
15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the
proposed action may have a significant effect on the environment.
Exhibits
1.May 16, 2025, email request from Council Member
2.May 13, 2025, Legislative Subcommittee staff report
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.”
June 17, 2025 Item #16 Page 1 of 28
From:Geoff Patnoe
To:Faviola Medina; Sheila Cobian
Subject:FW: ONV
Date:Friday, May 16, 2025 11:35:53 AM
Attachments:Item #3 - Our Neighborhood Voices Ballot Initiative - Resolution of Support.pdf
Please see the following request.
From: Melanie Burkholder <Melanie.Burkholder@carlsbadca.gov>
Sent: Friday, May 16, 2025 11:34 AM
To: Geoff Patnoe <Geoff.Patnoe@carlsbadca.gov>
Subject: ONV
City Manager,
As permitted by Carlsbad Municipal Code 1.20.060(c), I am requesting that OurNeighborhood Voices Ballot Initiative – Resolution of Support that was initially presented to
the Legislative Subcommittee on May 13, 2025, be placed on a future agenda for the CityCouncil’s consideration, specifically to review and discuss whether to support the resolution.
Attached is the report presented to the Subcommittee on May 13, 2025.
Thank you
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)
Exhibit 1
June 17, 2025 Item #16 Page 2 of 28
Meeting Date: May 13, 2025
To: Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Staff Contact: Jason Haber, Intergovernmental Affairs Director
jason.haber@carlsbadca.gov, 442-339-2958
Subject: Our Neighborhood Voices Ballot Initiative –
Resolution of Support
District: All
Recommended Action Review and discuss a sample resolution in support of the Our Neighborhood Voices ballot initiative;
determine recommendation, if any, to the City Council.
Discussion
At its meeting on March 18, 2025, the Legislative Subcommittee considered a request, including
public comments and written correspondence received from the Equitable Land Use Alliance
(ELUA), to adopt a resolution in support of a statewide ballot initiative being proposed by the group
Our Neighborhood Voices (ONV) (Exhibits 1 and 2). The subcommittee requested that an item be
placed on a future agenda to consider making a recommendation to the City Council regarding
ELUA’s request.
A February 13, 2025, letter from ELUA states that:
“The Our Neighborhood Voices initiative amends the State Constitution to ensure that local
land use planning and zoning law cannot be harmfully overridden by state laws, consistent with the
"home rule" doctrine. It is a crucial step toward restoring local decision-making authority, ensuring
that the City of Carlsbad has the ability to assess and respond to the distinct needs of its
neighborhoods and communities. By adopting this resolution, the City Council would affirm its
commitment to protecting the integrity of Carlsbad’s planning processes and reinforcing the voices
of its residents in shaping the future of our city.”
Additional information, including ONV’s reasons for pursuing the ballot initiative, is available at
https://ourneighborhoodvoices.com/.
A sample resolution of support and a draft of the proposed ONV ballot initiative are attached for
Subcommittee consideration (Exhibits 3 and 4).
LEGISLATIVE SUBCOMMITTEE
May 13, 2025 Item #3 Page 1 of 17
Exhibit 2
June 17, 2025 Item #16 Page 3 of 28
The City of Carlsbad Legislative Platform includes the following Guiding Principle and position
statements, which could provide a basis for supporting the ONV initiative:
-Preserve Local Control - The city supports the broadest authority for our citizens and the
City Council to make decisions and provide public services locally. As cities are voluntarily
created by the residents of a community to provide local self-government and to make
decisions at the local level to best meet the needs of the community, the city opposes
preemption of local control.
-[The city] support[s] measures in local land use that are consistent with the doctrine of
"home rule" and the local exercise of police powers in planning and zoning processes.
The City of Carlsbad has previously acknowledged and advocated against state infringement on local
control, stating that:
-“Legislatures are frequently introducing proposals that impinge on the ability of a local
government to institute discretionary legislation that is responsive to the needs of their
constituents.”
-“These continual incursions into local control by the state legislature, and powerful
interest groups, should be prohibited in areas where it is unwarranted and does not best
serve the unique communities that make up the state of California.”
(Exhibit 5)
Furthermore, City Council Resolution No. 2023-207 (Exhibit 6), expresses the city’s support for
actions to further strengthen local democracy, authority, and control related to local zoning and
housing issues.
State law allows a public agency to adopt a position on a ballot measure as long as the position is
taken at an open meeting where all voices have the opportunity to be heard. However, state law
prohibits the use of public resources to campaign for or against a ballot measure. A summary of
permissible and impermissible activities is included in Exhibit 7.
Next Steps
If the Subcommittee decides to recommend that the city adopt a resolution concerning the Our
Neighborhood Voices Ballot Initiative, staff will work with the City Manager to place an item on a
future City Council agenda for consideration.
Exhibits
1.Letter from Equitable Land Use Alliance – Feb. 13, 2025
2.Follow-up letter from ELUA – March 12, 2025
3.Sample resolution
4.Draft Our Neighborhood Voices ballot initiative
5.Letter to League of California Cities’ General Resolutions Committee - September 10, 2018
6.City Council Resolution 2023-207
7.Ballot Measure Activities & Public Resources
May 13, 2025 Item #3 Page 2 of 17June 17, 2025 Item #16 Page 4 of 28
Equitable Land Use Alliance
300 Carlsbad Village Dr, PMB 108A-79
Carlsbad, CA 92008
advocate@equitablelanduse.org
February 13, 2025
Carlsbad City Council Legislative Subcommittee
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Members of the Carlsbad City Council Legislative Subcommittee,
On behalf of the Equitable Land Use Alliance (ELUA), we respectfully request that you add the
attached draft resolution in support of the Our Neighborhood Voices ballot initiative to the
agenda for your upcoming meeting on March 12, 2025, and that you recommend its adoption at
the next available City Council meeting.
The Our Neighborhood Voices initiative amends the State Constitution to ensure that local land
use planning and zoning law cannot be harmfully overridden by state laws, consistent with the
"home rule" doctrine. It is a crucial step toward restoring local decision-making authority,
ensuring that the City of Carlsbad has the ability to assess and respond to the distinct needs of
its neighborhoods and communities. By adopting this resolution, the City Council would affirm its
commitment to protecting the integrity of Carlsbad’s planning processes and reinforcing the
voices of its residents in shaping the future of our city.
Carlsbad can then be added to the list of numerous other communities endorsing the initiative,
and ELUA encourages each individual council member to endorse it as well.
(Endorsers – Our Neighborhood Voices).
We appreciate your consideration of this request and your dedication to preserving Carlsbad’s
ability to make thoughtful, community-driven decisions. Please let us know if any additional
information is needed to facilitate the inclusion of this item on your agenda.
We look forward to your response and appreciate your time and attention to this important
matter.
Sincerely,
ELUA Board of Directors
Martin Danner, Carlsbad
Steve Linke, Carlsbad
Kris Wright, Carlsbad
Attachment:
ONV-Draft-Resolution-2025-02.docx
Exhibit 1
May 13, 2025 Item #3 Page 3 of 17June 17, 2025 Item #16 Page 5 of 28
Equitable Land Use Alliance
300 Carlsbad Village Dr, PMB 108A-79
Carlsbad, CA 92008
advocate@equitablelanduse.org
March 12, 2025
Carlsbad City Council Legislative Subcommittee
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Members of the Carlsbad City Council Legislative Subcommittee,
This letter follows up on our February 13, 2025, request to add the attached draft resolution in
support of the Our Neighborhood Voices (ONV) ballot initiative to your agenda for the March
meeting.
The ONV initiative amends the State Constitution to ensure that local land use planning and
zoning law cannot be harmfully overridden by state laws, consistent with the "home rule"
doctrine. Adopting this resolution will affirm the City Council’s commitment to protecting the
integrity of Carlsbad’s planning processes and lend essential credibility to the ONV effort.
We respectfully ask that this item be added to the Legislative Subcommittee agenda as soon as
possible. We plan to make such a request at the meeting on March 18, 2025.
We also respectfully request that you evaluate the ONV's proposed land use initiative
(attached), which is consistent with all of the official positions already taken by the city, and
either endorse it or provide a statement clearly describing why you will not.
If endorsed, Carlsbad can then be added to the list of numerous other communities endorsing
the initiative, and ELUA encourages each individual council member to endorse it as well.
(Endorsers – Our Neighborhood Voices).
This matter will affect Carlsbad’s future for generations to come. We appreciate your time,
attention, and hopefully your support.
Sincerely,
ELUA Board of Directors
Martin Danner, Carlsbad
Steve Linke, Carlsbad
Kris Wright, Carlsbad
Attachments:
2025-02-12 ELUA Follow-up Letter.pdf
ONV-Draft-Resolution-2025-02.docx
ONV-Land-Use-Initiative-v12.pdf
Exhibit 2
May 13, 2025 Item #3 Page 4 of 17June 17, 2025 Item #16 Page 6 of 28
Exhibit 3
SAMPLE RESOLUTION IN SUPPORT OF OUR NEIGHBORHOOD VOICES BALLOT INITIATIVE
A RESOLUTION OF THE CITY COUNCIL OF [CITY COUNCIL/BOARD OF
SUPERVISORS/PLANNING DEPARTMENT/MAYOR] OF THE [CITY/ COUNTY
of *********], CALIFORNIA, IN SUPPORT OF THE “OUR NEIGHBORHOOD
VOICES” BALLOT INITIATIVE TO AMEND ARTICLE IX OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA TO MAKE ZONING,
DEVELOPMENT, AND LAND USE MATTERS OF LOCAL AUTHORITY
WHEREAS, the Legislature of the State of California in recent years has proposed, and
passed, and Governors have signed into law more than 400 bills addressing a range of local
land use, development, and planning issues; and
WHEREAS, the majority of these new laws usurp the authority of local jurisdictions,
including city councils, county boards of supervisors, planning departments, and mayoral
offices, among others, to determine for themselves the land use, development, and planning
policies that best suit their communities and residents, and instead impose “one-size-fits-all”
mandates that fail to account for the unique needs and differences of local jurisdictions
throughout the State; and
WHEREAS, the majority of these new laws do not provide any incentives or
requirements for low-income, affordable, or moderate income workforce housing, but instead
impose mandates that incentivize real estate speculation and the construction of unneeded
market rate, above market rate, and luxury housing on a theory of “trickle down” economics,
thereby eliminating the authority and ability of local jurisdictions to implement effective policies
to create more affordable housing and affirmatively further fair housing practices; and
WHEREAS, this “trickle down” approach to housing has demonstrably failed to produce
the needed stock of low-income, affordable, and moderate income housing for working
Californians, instead pushing millions of working individuals and families into housing insecurity,
defined as individuals and families who spend 50% or more of their monthly income on housing,
and
WHEREAS, the ability of local jurisdictions to determine for themselves, based on their
constituents’ and residents’ needs, which projects require review beyond ministerial approval;
what off-street parking requirements are appropriate for different neighborhoods; what housing
plans are appropriate for those neighborhoods; what zoning should be applied to those
neighborhoods; what restrictions to place in high fire danger severity zones and other sensitive
areas; and what types of housing are needed and appropriate, is a matter of critical importance
to the [CITY/COUNTY OF *********]; and
WHEREAS the sixth cycle Regional Housing Needs Allocation (“RHNA”) allocation of
***** new units imposed on [CITY/COUNTY of *********] bears no rational relationship to
May 13, 2025 Item #3 Page 5 of 17
-
-
June 17, 2025 Item #16 Page 7 of 28
Exhibit 3
[CITY/COUNTY’S] actual housing needs, and amounts to an arbitrary and capricious state
mandate; and
WHEREAS, the state mandated sixth cycle RHNA units would force the [CITY/COUNTY
of *********] to approve development in open spaces, environmentally sensitive areas, high fire
danger severity zones, and other areas inappropriate and/or dangerous for housing; and
WHEREAS, the state mandated new construction of unneeded and inappropriate market
rate, above market rate, and luxury housing via RHNA, most of which will be in dense,
unaffordable new multifamily buildings, would place untenable and unsustainable stresses on
local infrastructure, including but not limited to schools, police, sheriff, and fire resources,
sanitation, roads, public transit, and water and power; and
WHEREAS, by failing to appropriate funds for necessary infrastructure upgrades,
including but not limited to new schools and increased resources for police, sheriff, fire,
sanitation, roads, public transit, and water and power, the state mandated sixth cycle RHNA
units are an unfunded state mandate that violates Article XIIIB, section 6 of the Constitution of
the State of California; and
WHEREAS the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] hereby determines and declares
that local governmental entities are best able to assess and respond to the unique needs of our
communities and neighborhoods, and hereby objects to the proliferation of State legislation and
sixth cycle RHNA mandates that deprives us of that ability;
NOW THEREFORE the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. That the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] is opposed to the legislature of
the State of California continually proposing and adopting legislation that overrides the
zoning, development, and land use authority of local government and inhibits the ability of local government to effectively plan for and implement policies to stimulate the efficient production of affordable and workforce housing.
SECTION 2. That the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] hereby finds and declares that the sixth cycle RHNA mandate of ***** units by 20** bears no rational relationship to [CITY’S/COUNTY’S] actual housing needs, is arbitrary and capricious, and would be a physical
impossibility to meet. SECTION 3. That the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] hereby finds and declares that the state mandated sixth cycle RHNA requirements are an illegal unfunded mandate in violation of Article XIIIB, section 6 of the Constitution of the State of California.
May 13, 2025 Item #3 Page 6 of 17
-
June 17, 2025 Item #16 Page 8 of 28
Exhibit 3
SECTION 4. That the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] supports and endorses the proposed amendment to the Constitution of the State of California put forth by the
grassroots nonprofit Our Neighborhood Voices (attached to this Resolution as Exhibit A)
to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community.
SECTION 5. That the [CITY COUNCIL/BOARD OF SUPERVISORS/PLANNING
DEPARTMENT/MAYOR] of the [CITY/COUNTY of *********] incorporates each recital set forth herein above.
PASSED, APPROVED AND ADOPTED this ****** day of *****, 2025.
May 13, 2025 Item #3 Page 7 of 17June 17, 2025 Item #16 Page 9 of 28
(Here set forth the unique numeric identifier provided by the Attorney General
and circulating title and summary prepared by the Attorney General. Both the Attorney General’s unique numeric identifier and the circulating title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.)
We, the undersigned, registered, qualified voters of California, residents of _____ County , hereby propose amendments to the Constitution of California, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any
special statewide election held prior to that general election or as otherwise
provided by law. The proposed constitutional amendments read as follows:
SECTION 1. The people of the State of California find and declare all of the following:
(a)California’s housing crisis is primarily due to a failure to provide enough
housing (to own or rent) that is affordable for working class and lower income Californians, and this crisis has worsened due to massive reductions in available funding to help local governments encourage more affordable housing production. The involvement of large financial institutions and speculators in our
housing markets and recent state laws that usurp the power of local government
to exercise its constitutional authority to make local land use planning and zoning decisions have combined to further restrict affordable housing options and displace many working class families and people of color from their own historic communities.
(b)Local government is best able to consider all the requisite factors and
make the difficult land use planning and zoning decisions to ensure that new development is supported by the infrastructure and utilities required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, parking, and schools. The specific needs
and challenges facing every California community vary greatly and therefore
require significant input and leadership from local government to achieve best outcomes on land use planning and zoning issues, including the provision of affordable housing and protecting the environment. (c)The State Legislature cannot adequately consider or address the unique
impacts of land use planning and zoning laws on every local community, and
recent state laws designed to require local governments to increase housing density and encourage the production of more market rate housing by minimizing public input and eliminating environmental review will not solve our affordable housing crisis. In fact, these state laws will harm communities by escalating
housing costs and increasing property tax burdens instead of encouraging
collaboration with local government to produce more affordable housing.
Exhibit 4
May 13, 2025 Item #3 Page 8 of 17June 17, 2025 Item #16 Page 10 of 28
(d) The purpose of this measure is to protect the ability of local communities
to make local land use planning and zoning decisions, and to clarify the process
to resolve conflicts between current or future state and local land use planning and zoning laws. One size does not fit all, and recent statewide land use and zoning laws will do great harm without significant input and participation from local communities. The “home rule” doctrine is enshrined in Sections 4 and 5 of
Article XI of the California Constitution, and local land use planning or zoning
initiatives approved by voters shall not be nullified or superseded by state law. (e) This constitutional amendment is expressly intended to authorize local land use planning and zoning law to override conflicting state law while ensuring that specified laws remain in full force and effect.
SEC. 2. Section 3.5 is added to Article XI of the California Constitution, to read: SEC. 3.5. For purposes of this article: (a) “Land use planning and zoning law” means any law, whether adopted or
put into effect by charter, ordinance, regulation, local initiative, or other action
that accomplishes any of the following: (1) Eliminates or restricts a city or county’s discretion to establish or change the zoning designation of any parcel within its jurisdiction. (2) Requires a city or county to review, approve, or deny a development
application on a streamlined, ministerial, or expedited basis if the project meets a
specified criteria. (3) Approves or denies a development or subdivision of a parcel. (4) Imposes any restriction on the ability of a city or county to deny a development project or subdivision of a parcel.
(5) Establishes the procedure for establishing or changing the zoning
designation of any parcel within its jurisdiction. (6) Establishes the procedure or timing for reviewing and approving development applications. (b) “Covered state statute” means a state law that addresses a matter of
statewide concern rather than a municipal affair, as that term is used in Section 5
of this article, and relates to any of the following: (1) The protection of the environment or natural resources, including, but not limited to any of the following: (A) The California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) and California Environmental
Quality Act Guidelines (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (B) The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(C) The California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code).
May 13, 2025 Item #3 Page 9 of 17June 17, 2025 Item #16 Page 11 of 28
(D) The Porter-Cologne Water Quality Act (Division 7 (commencing with
Section 13000) of the Water Code).
(E) The Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code). (F) Pollution control or environmental justice laws, rules, or regulations. (2) The protection of health and safety, including but not limited to, the
development of contaminated sites and regulation of hazardous material storage
sites. (3) Emergency response to natural disasters and disaster planning and recovery. (4) The regulation of the physical structure and the construction of buildings.
(5) The regulation of residential or commercial rents and landlord-tenant
relations, including the Ellis Act (Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code) and Costa-Hawkins Rental Housing Act (Chapter 2.7 (commencing with Section 1954.50) of Title 5 of Part 4 of Division 3 of the Civil Code).
(6) The siting of a power generating facility capable of generating more than
50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location and that the facility addresses a matter of statewide concern. (7) (A) The development or construction of a water, communication, or
transportation infrastructure project for which the Legislature lists the specific
reasons explaining how the project addresses the statewide concern and declares that the development is in the best interests of the state. (B) For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential,
commercial, or mixed-use.
(8) Fair housing matters, including, but not limited to the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), prohibitions against discrimination, or affirmatively furthering fair housing.
(9) Reporting and planning requirements, provided that the requirement does
not otherwise impact the ability of a city or county to adopt, or put into effect, a land use planning and zoning law described in paragraph (1). Reporting and planning requirements imposed pursuant to this paragraph shall apply uniformly to all cities and counties and shall not discriminate amongst cities or counties
based on voluntary compliance with any land use planning and zoning law
adopted by the state. SEC. 3. Section 5.5 is added to Article XI of the California Constitution, to read:
SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict
with a state statute, a land use planning and zoning law within the boundaries of
May 13, 2025 Item #3 Page 10 of 17June 17, 2025 Item #16 Page 12 of 28
the city shall be deemed a municipal affair within the meaning of Section 5 and
shall prevail over a conflicting state statute.
(b) A covered state statute shall prevail over conflicting land use planning and zoning laws, provided that for a covered state statute enacted on or after January 1, 2016, the Legislature makes a finding that the covered state statute addresses a matter of statewide concern. A finding of statewide concern made pursuant to this
subdivision shall list the specific goals, purposes, and objectives of the statute.
(c) (1) State funding appropriated before the effective date of this section shall not be modified due to a city preempting any state law pursuant to this section. (2) State funding appropriated after the effective date of this section shall not
discriminate in favor of, or give any preference to, a city that voluntarily
complies with state-adopted land use planning and zoning laws. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 4. Section 7 of Article XI of the California Constitution is amended to read: SEC. 7. (a) (1) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with
general laws. that are not, except as provided in subdivision (b), in conflict with
general laws.
(2) A county or city shall not supersede or otherwise interfere with any voter approved local initiative. (b) (1) Except as provided in paragraph (2), a land use planning and zoning
law within the boundaries of the county or city shall prevail over conflicting
general laws.
(2) A covered state statute shall prevail over conflicting land use planning and zoning laws, provided that for a covered state statute enacted on or after January 1, 2016, the Legislature makes a finding that the covered state statute addresses a
matter of statewide concern. A finding of statewide concern made pursuant to this
paragraph shall list the specific goals, purposes, and objectives of the statute.
(c) (1) State funding appropriated before the effective date of this section shall not be modified due to a city or county preempting any state law pursuant to this section.
(2) State funding appropriated after the effective date of this section shall not
discriminate in favor of, or give any preference to, a city or county that
voluntarily complies with state-adopted land use planning and zoning laws. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions
or applications that can be given effect without the invalid provision or
application.
May 13, 2025 Item #3 Page 11 of 17June 17, 2025 Item #16 Page 13 of 28
SEC. 5. Article XXXIV of the California Constitution is repealed.
May 13, 2025 Item #3 Page 12 of 17June 17, 2025 Item #16 Page 14 of 28
City of Carlsbad City Council
City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2820 t
September 10, 2018 General Resolutions Committee League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814
SUBJECT: 2018 CONFERENCE RESOLUTION TO RESPOND TO THE INCREASING
VULNERABILITIES TO LOCAL MUNICIPAL AUTHORITY, CONTROL AND
REVENUE Dear Committee: The City of Carlsbad supports the League of California Cities Annual Conference Resolution proposed by the City of Beverly Hills calling for the League to explore the preparation of a ballot measure and/or constitutional amendment that would provide the state’s voters an opportunity to further strengthen local authority and preserve the role of local democracy. State legislation introduced by the legislature (and supported, in many cases, by powerful interest groups) in both 2017 and 2018 has threatened to erode local control. Whether this was SB 649 (Hueso) Wireless Telecommunications Facilities or SB 827 (Wiener) Planning and Zoning: Transit-Rich Housing Bonus, legislatures are frequently introducing proposals that impinge on the ability of a local government to institute discretionary legislation that is responsive to the needs of their constituents. These continual incursions into local control by the state legislature, and powerful interest groups, should be prohibited in areas where it is unwarranted and does not best serve the unique communities that make up the state of California. The passage of the proposed resolution by the City of Beverly Hills would provide direction to the League to pursue a ballot measure and/or constitutional amendment that would strengthen local democracy and authority. For these reasons the City of Carlsbad strongly supports this resolution. Sincerely,
Matt Hall Mayor
Exhibit 5
May 13, 2025 Item #3 Page 13 of 17
{city of
Carlsbad
June 17, 2025 Item #16 Page 15 of 28
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 6
May 13, 2025 Item #3 Page 14 of 17June 17, 2025 Item #16 Page 16 of 28
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. �I
KEITH BLACKBURN, Mayor
� 0 SHERRY FREISINGER, City Clerk
(SEAL)
,❖'\\\\\\\\I \ 111111 II Ill ff It /'o� .. .C:A'7�]-❖✓,,,,
f�/ � ·· .. <Sl'l,.
=--;���·--v� iu;_�W�\o \
\, �?�:� .. -:;'�_.:./ J
'-', 41.··· .... ·····-:....,,� $ ,,,,, IFO"'·'-�""
,,,,, p ,,,, .... 11111111111\\''''''
May 13, 2025 Item #3 Page 15 of 17June 17, 2025 Item #16 Page 17 of 28
Exhibit 7
May 13, 2025 Item #3 Page 16 of 17
111111 INSTITUTE FOR ILII LOCAL GOVERNMENT'M
June 17, 2025 Item #16 Page 18 of 28
May 13, 2025 Item #3 Page 17 of 17
111111 INSTITUTE FOR ILII LOCAL GOVERNMENT'M
June 17, 2025 Item #16 Page 19 of 28
Ana Alarcon
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Teri Jacobs <tjacobs86@pacbell.net>
Friday, May 9, 2025 1 :01 PM
City Clerk
Legislative Subcommittee 5/13, Agenda Item 3
Follow up
Flagged
Council Members Acosta and Burkholder,
In order to bring back local control to not only Carlsbad but all California, please support the draft initiative and
resolution by Our Neighborhood Voices to get a measure on the ballot with the goal of amending our State Constitution.
Regards,
Teri Jacobs
Carlsbad Resident
Dist 1
Sent from my iPad
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
1 June 17, 2025 Item #16 Page 20 of 28
Ana Alarcon
From: Jason Haber
Sent:
To:
Thursday, May 8, 2025 6:47 PM
Ana Alarcon; Faviola Medina
Subject: FW: Support for our neighborhood voices draft initiative and resolution
Follow Up Flag: Follow up
Due By:
Flag Status:
Monday, May 12, 2025 10:00 AM
Flagged
Hi Ana-
See correspondence received below for 5/13 Legislative Subcommittee meeting, Item 3.
Thank you-
Jason Haber
Intergovernmental Affairs Director
~City of
Carlsbad
442-339-2958 I Jason.Haber@carlsbadca.go~
www.carlsbadca.w
Facebook I Twitter I You Tube I Flickr I Pinterest I Enews
From: Alison Vredenburgh <avredenburgh@gmail.com>
Sent: Thursday, May 8, 2025 5:30 PM
To: Jason Haber <jason.haber@carlsbadca.gov>
Subject: Support for our neighborhood voices draft initiative and resolution
Theresa Acosta, chair
Melanie Burkholder, member, Legislative subcommittee
Jason Haber, Intergovernmental Affairs Director
Dear Members of the Legislative Subcommittee,
I respectfully request your support of the efforts of the nonprofit Equitable Land Use Alliance, which is
advocating for Our Neighborhood Voices draft initiative and resolution . This initiative seeks to create a
statewide ballot measure to amend the California Constitution, aiming to restore local control to our
municipalities.
In light of the significance of this initiative, I urge you to declare a motion to agendize the draft initiative
and resolution for discussion at the upcoming City Council meeting.
1 June 17, 2025 Item #16 Page 21 of 28
Thank you for your consideration and commitment to empowering our communities.
Sincerely,
Dr. Alison Vredenburgh
Carlsbad resident since 1989
Alison Vredenburgh
CAUTION: Do not open attachments or click on links unless
2 June 17, 2025 Item #16 Page 22 of 28
Ana Alarcon
From:
Sent:
To:
Subject:
Darlene Gillis <darlenegillis@msn.com>
Monday, May 12, 2025 1 :44 PM .
City Clerk; Jason Haber; Teresa Acosta; Melanie Burkholder; jisbell@live.com
Re: Agenda Item 3, LS Meeting May 13, 2025
Dear Members of the Legislative Subcommittee,
I support the efforts of the nonprofit group, Equitable Land Use Alliance to support the
Our Neighborhood Voices Draft initiative and resolution which is working to create a
ballot measure to amend the State Constitution to bring local control back to our
municipalities!!!
Please declare a motion to agendize this draft initiative and resolution to our Carlsbad
City Council.
Sincerely,
Darlene Gillis
3576 Highland Drive
Carlsbad, CA 92008
760-497-4224
CAUTION: Do not open attachments or click on links unless
1 June 17, 2025 Item #16 Page 23 of 28
From:
To:
Cc:
Paul Riha
Darlene Gillis
All Receive -Agenda Item# 3
For the Information of the:
CITY COUNCI V ✓
Date$1}/Z{;;q_ ..../ CC -;;;/
CM _~_A M_.J_DCM(3)_
Subject:
w.Qm; Jason Haber; Teresa Acosta; Melanie Burkholder; jisbell@live.com
Re : Agenda Item 3, LS Meeting May 13, 2025
Date: Monday, May 12, 2025 6:31:42 PM
Dear Members of the Legislative Subcommittee
Paul & Claudia Riha
support this effort as well!
Paul Riha
3546Highland Drive
Carlsbad, CA
IPR
On May 12, 2025, at 1 :44 PM, Darlene Gillis <darlenegillis@msn.com> wrote:
Dear Members of the Legislative Subcommittee,
I support the efforts of the nonprofit group, Equitable Land Use
Alliance to support the Our Neighborhood Voices Draft
initiative and resolution which is working to create a ballot
measure to amend the State Constitution to bring local
control back to our municipalities!!!
Please declare a motion to agendize this draft initiative and
resolution to our Carlsbad City Council.
Sincerely,
Darlene Gillis
3576 Highland Drive
Carlsbad, CA 92008
760-497-4224
June 17, 2025 Item #16 Page 24 of 28
Faviola Medina
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Darlene Gillis <darlenegillis@msn.com>
Thursday, May 15, 2025 10:54 AM
Darlene Gillis
Keith Blackburn; City Clerk; Jason Haber; Teresa Acosta; Melanie Burkholder; Penny
Johnson; Paul Riha
Our neighborhood voices initiative
Follow up
Flagged
So proud of Encinitas for supporting the Our Neighborhood Voices initiative!!!!
We need to have this added to the city council agenda ASAP.
June 17, 2025 Item #16 Page 25 of 28
Save Carlsbad Villag
--,.-.-· Diane Bee · 2h • [El
Excellent news from the Cit
last night! Their council vot
the Our Neighborhood Voic
initiative!
Encinitas Insider
~· • Diane Bee· 5h • 0
Kudos to the Encinitas Cit
supporting the Our Ne 1igh l
Voices initiative re: local c
to Mavor Ehlers. Councilrr
2
June 17, 2025 Item #16 Page 26 of 28
Darlene Gillis
On May 13, 2025, at 3:05 PM, Darlene Gillis <DarLenegillis@msn.com> wrote:
Dear Mr. Blackburn,
After attending my first Legislative Subcommittee meeting this morning, I came away
feeling very disappointed.
I spent 2 1/2 hours listening mostly to Teresa Acosta discuss the present committees she's
involved with and her plans to further her political career, with absolutely no regard for the
issue we presented -local government control. Our local concerns might get in the way of
her future career. She made that evident.
Teresa even made the PUC presentation about herself complaining about paying $15,000
for her solar panels and still having to pay the $24 a month service fee, wasting another 10
minutes of our time.
So disappointing ..... .
A shout out to Melanie Burkholder, she proudly represents D1 as well as the entire city of
Carlsbad!!! Our concerns are her concerns!
Thanks to Melanie for acknowledging the time and work we put into our presentation as
well personally thanking us!!!!!
May she keep up the good work A
Sincerely,
Darlene Gillis
On May 12, 2025, at 1 :43 PM, Darlene Gillis <Darlenegillis@msn.com>
wrote:
Dear Members of the Legislative Subcommittee,
I support the efforts of the nonprofit group, Equitable Land Use
Alliance to support the Our Neighborhood Voices Draft initiative
and resolution which is working to create a ballot measure to
3
June 17, 2025 Item #16 Page 27 of 28
amend the State Constitution to bring local control back to
our municipalities!!!
Please declare a motion to agendize this draft initiative and
resolution to our Carlsbad City Council.
Sincerely,
Darlene Gillis
3576 Highland Drive
Carlsbad, CA 92008
760-497-4224
CAUTION: Do not o en attachments or click on links unless
4
June 17, 2025 Item #16 Page 28 of 28
From:kelly.leberthon12@gmail.com
To:City Clerk
Subject:Agenda #16; support ONV ballot initiative
Date:Monday, June 16, 2025 9:40:19 AM
Dear Mayor Blackburn and Council Members:
I urge you to support the resolution on the Our Neighborhood Voices (ONV) Ballot
Initiative to amend the State Constitution “to ensure that local land use planningand zoning law cannot be harmfully overridden by state laws, consistent with the
"home rule" doctrine.”Thank you, Council Member Burkholder, for requesting this Resolution of Support be
placed on the agenda for the City Council.
Kelly Le Berthon
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
From:Manager Internet Email
To:City Clerk
Subject:Fw: My brief input for Item 16, today"s agenda for city council.
Date:Tuesday, June 17, 2025 2:18:10 PM
From: Glenn Bernard <glennrbernard@gmail.com>
Sent: Tuesday, June 17, 2025 1:21:16 PM
To: Manager Internet Email <manager@carlsbadca.gov>
Cc: Melanie Burkholder <Melanie.burkholder@carlsbadca.gov>
Subject: My brief input for Item 16, today's agenda for city council.
I request that the city council votes to approve Item 16. Thank youCAUTION: Do not open attachments or click on links unless you recognize the sender and know thecontent is safe.
Item 16: Our Neighborhood Voices
ballot initiative
6/17/2025 City Council meeting
Steve Linke
State law-mandated development
standard concession/waivers
(building related)
•Density Up to twice Carlsbad's standards
•Maximum heights Taller/extra stories on buildings
•Building massing Larger, boxier, with less windows
•Setbacks Buildings closer to property lines and streets
•Hillsides Deeper excavation/higher retaining walls
State law-mandated development
standard concession/waivers, etc.
(CEQA and GMP related)
•CEQA transportation Insufficient mitigation
•Sidewalk standards Narrower sidewalks
•Parking Zero or too few parking spaces (smaller)
•Open Space Reduced or no space required
•Community Rec Space Reduced or no space required
•City environmental standards Inability to enforce
State law-mandated development standard
concession/waivers
(other unfunded mandates)
•Right-of-way dedications and utility improvements
–Infrastructure improvements necessary to accommodate new development not paid for
–Unfunded mandates
•Proposed laws
–Reduce ability to charge impact/mitigation fees
Advocacy for local control
•Council’s Legislative Platform (housing components)
•Legislative Subcommittee’s stances on housing legislation
•Approaches
–Contracts with legislative experts/lobbyists
–Significant councilmember and staff time/resources
–California League of Cities
•“Slows the erosion" of local control, but no "restoration“
–Erosion is accelerating
•Continue important advocacy, but endorse the constitutional amendment
Your Voice 1
Your Neighborhood
The Environment is Bought…2
Do you want the Wolfs of
Wall Street Owning your
Backyard?
Our State Proposition 2
OUR STATE PROPOSITION WILL:
1972 - Prop 20
“Save Our Coast”
Development
Gone Crazy
Protection of People’s Property & Voice
1978 - Prop 13
“People's Initiative to Limit Property
Taxation”State
Overreach
•Promotes Affordable Housing
•Safeguards Impacts
•Protect your community
•Works Immediately!
3
293 2016 to 2023
2023: 56
SB 9, SB 423, SB 35
2024:
AB 2560 SB 951…
2025:
SB 79
AB 2243
State Mandates via the
Department of Housing &
Community Development
(HCD).
Regional Housing Needs
Assessment (RHNA)
No more single-family homes
Extreme Density
Cities become rubber stamps for development
The destruction of our Neighborhoods by the State
The Greatest Wealth transfer in the history of the State
Coastal Zone Exemption
Sacramento “Solutions”?
Your problems!
NEW State laws
4Sacramento “Solutions” -2024
Your problems in 2025!
5An Endless Game…
……of Whack a Law
2025
•SB 79
•SB 1123
•SB 1395
•AB 2243
•AB 1801
•AB 2247
•AB 2373
•AB 2387
Sold for $1.7 Million
Sold for
$2 MillionSold for
$1.8 Million
Totaling:
$3,800,000
Townhouse + ADU Townhouse + ADU
A Perfect Example….6
7Builder’s Remedy Projects –Their profits,
your pockets.
If a city or county does not have a State “certified” housing element, this 20-year-old law allows ANY PROJECT of ANY SIZE at
ANY LOCATION
Santa Monica: 14 projects, totaling 4000
units
Hundreds of these projects have been submitted across the state
YIMBY Law has been underwriting these projects as well as filing lawsuits against
cities.
1972 Coastal Act?8
REDONDO BEACH
•2,700 UNITS, Plus Hotel &
Commercial
Your Voice, GONE!
RHNA Comparisons…9
REDONDO BEACHCarlsbad
When is “Enough is Enough?”10
Growth
1990 population: 63,126
2020 population: 114,746
82.2% increase -1.8X over three
decades according to Wikipedia.
Plenty of room for the Wolfs!11
Carlsbad density:
Hermosa Beach density:
Carlsbad density: 14,000/sq miPopulation:
YOUR FUTURE
3,038/sq mi
14,000/sq mi
527,832 – 4.6x Increase!
Who Wins With This Proposition?
This Proposition will allow local laws to prevail over state laws when a conflict
exists for land use and zoning laws.
Immediately after adoption:
allows communities to choose to adopt state laws for their
own community on land use and zoning, or not
Works immediately for all state housing laws already
passed and any future laws being considered in
Sacramento
12Your Community.
How do we solve Affordable Housing?
Affordable housing requires community input to succeed!
Our initiative allows faster approval of:
100% affordable housing, with 80% AMI or less
Only in areas that your CITY allows them (what works for YOUR city!)
Complies with Objective Design Standards
Prevailing wage / skilled & trained workers
ONV also repeals Article 34, a harmful state mandate from 1950 that
makes it harder for communities to create low-income housing.
13
Support the Movement to Take Back Our Neighborhood Voice
Putting Affordability First.
How does the Initiative Poll?
Probolsky Research shows STRONG support (~65%) and we only need 50% to win!
14
Our STRENGTH is
that we are the
one thing that
ALL Californians
can agree on!
Across party lines,
demographics,
everything.
What do we need TODAY?
OurNeighborhoodVoices.com
15SUPPORT!
Pass a resolution supporting