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HomeMy WebLinkAbout2025-12-02; City Council Legislative Subcommittee; 04; Equitable Land Use Alliance Proposed Amendments to Draft City of Carlsbad 2026 Legislative PlatformMeeting Date: Dec. 2, 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: Equitable Land Use Alliance Proposed Amendments to Draft City of Carlsbad 2026 Legislative Platform District: All Recommended Action Consider the Equitable Land Use Alliance’s proposed amendments to the Draft City of Carlsbad 2026 Legislative Platform for possible inclusion in the Legislative Subcommittee’s recommendation to the City Council. Discussion On Nov. 18, 2025, the Legislative Subcommittee approved a recommendation that the City Council adopt the Draft City of Carlsbad 2026 Legislative Platform (Exhibit 1). During the subcommittee’s deliberation on the matter Carlsbad resident Steve Linke, representing the Equitable Land Use Alliance (ELUA), provided public comment outlining ELUA’s proposed legislative platform amendments, which were also transmitted to the subcommittee members and city staff earlier that morning (Exhibit 2). At the Legislative Subcommittee’s request, staff have reviewed ELUA’s proposed amendments and present the following for the subcommittee’s consideration. ELUA Proposed Amendment 1: Housing, Community and Economic Development > Planning and Zoning (c)Support an amendment to the California Constitution and all other measures that authorize local land use planning and zoning law to override conflicting state law. Staff Response: The Draft City of Carlsbad 2026 Legislative Platform contains the following: Guiding Principle 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 LEGISLATIVE SUBCOMMITTEE Dec. 2, 2025 Item #4 Page 1 of 53 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. Position Statement Housing, Community and Economic Development > Planning and Zoning (b) [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. However, ELUA Proposed Amendment 1 does not align with the City Council’s June 17, 2025, decision not to support a statewide ballot initiative that seeks to amend the State Constitution to ensure that local land use planning and zoning law cannot be overridden by state laws. Additionally, the city is prohibited from spending public resources campaigning for ballot measures. The city may take a position on a particular ballot measure after discussing it at a public meeting at which all perspectives have an opportunity to be shared. More information on the limits of the city’s use of public resources for ballot measure campaign activities is included in Exhibits 3 and 4. ELUA Proposed Amendment 2: Housing, Community and Economic Development > Planning and Zoning (y) Support legislation that allows for local decision-making regarding parking requirements, including legislation that ensures local jurisdictions can prevent the residents, guests, employees, and customers of residential and mixed-use projects that exploit state parking requirement laws to reduce parking requirements from using off-site parking. Staff Response: The existing language is broadly written in support of local control over parking requirements; however, should the subcommittee decide to further specify the intent, staff recommends consideration of the following proposed alternate language: (y) Support legislation that allows for local decision-making regarding parking requirements, including legislation that allows local jurisdictions to impose on- site parking standards necessary to accommodate new development and growth in order to reduce reliance on off-site parking. ELUA Proposed Amendment 3 Housing, Community and Economic Development > Housing (z) Support legislation that revises the methodology for measuring the distance to a major transit stop, used to determine parking exemption eligibility, to reflect the actual walkable distance between the transit stop and the project entrance along established pedestrian routes. Staff Response: Proximity to a major transit stop has been included in recently adopted Dec. 2, 2025 Item #4 Page 2 of 53 state legislation as a basis for preempting local control over housing and land use decisions, beyond just determining parking exemption eligibility. Therefore, staff recommends subcommittee support for ELUA Proposed Amendment 3. ELUA Proposed Amendment 4 Housing, Community and Economic Development > Planning and Zoning • Support measures/legislation that revises the definition of “major transit stop” to require more frequent and comprehensive local service to key destinations. Staff Response: To be determined. Staff will consult with Transportation Department staff and present their feedback to the subcommittee at the meeting. ELUA Proposed Amendment 5 Housing, Community and Economic Development > Planning and Zoning • Support measures/legislation that places the burden of proof on the developer to show the need for concessions or waivers for the viability of affordable units. Staff Response: Should the subcommittee decide to support the proposed amendment, staff recommends consideration of the following proposed alternate language: • Support legislation that requires applicants utilizing concessions, incentives and waivers under density bonus law to provide compelling evidence documenting that the requested deviation from established development standards is necessary for the viability of affordable units. ELUA Proposed Amendment 6 Housing/CEQA/Transportation (cross-over) • Support measures/legislation that requires mitigation for vehicle miles traveled (VMT) by developments in zones that have been established by local jurisdictions through traffic modeling to have a significant environmental impact, regardless of proximity to transit. Staff Response: To be determined. Staff will consult with Planning and Transportation Department staff and present their feedback to the subcommittee at the meeting. ELUA Proposed Amendment 7 Housing/Fire/Transportation (cross-over) • Support measures/legislation that exempt areas in High and Very High Fire Hazard Severity Zones from state housing laws that could adversely affect emergency responses to or evacuation from wildfires. Staff Response: To be determined. Staff will consult with Planning, Fire and Transportation Department staff and present their feedback to the subcommittee at the meeting. This item will provide an opportunity to consider the Equitable Land Use Alliance’s proposed Dec. 2, 2025 Item #4 Page 3 of 53 amendments to the Draft City of Carlsbad 2026 Legislative Platform for inclusion in the Legislative Subcommittee’s recommendation to the City Council. Next Steps A resolution approving the City of Carlsbad 2026 Legislative Platform is planned to be presented for City Council consideration on Dec. 9, 2025. Exhibits 1. Redline Draft City of Carlsbad 2026 Legislative Platform 2. Equitable Land Use Alliance Correspondence and Proposed Legislative Platform Amendments 3. ILG Publication: Ballot Measure Activities & Public Resources 4. ILG Publication: Ballot Measures and Public Agencies Dec. 2, 2025 Item #4 Page 4 of 53 Exhibit 1 CITY OF CARLSBAD 2026 LEGISLATIVE PLATFORM The Legislative Platform provides a foundation for the City of Carlsbad’s Intergovernmental Affairs Program and enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city and its communities. The purpose of this Legislative Platform is to clearly express the city's position on, and provide a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters that may impact the city's ability to operate effectively. The City Council has identified the Guiding Principles, Legislative Priorities and Position Statements comprising this Legislative Platform to guide the city’s advocacy efforts. The city’s legislative positions are organized under a framework modeled after the League of California Cities’ Summary of Existing Policy and Guiding Principles. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. Contents • Guiding Principles • 2025 Legislative Priorities • 2025 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education Child Care Park Bond Funds Public Parks/Recreational Facilities Public Libraries Seniors Healthy Cities 2. Environmental Quality Climate Change California Environmental Quality Act (CEQA) Hazardous Materials Solid Waste, Recycling and Diversion Utilities Coastal Issues 3. Water General Principles Water Conservation Water Recycling Water Quality Water Storage & Conveyance Systems New Technology Financial Considerations 4. Governance, Transparency and Labor Relations Labor Relations Workers’ Compensation Governance and Ethics Elected Officials 5. Housing, Community and Economic Development Planning and Zoning Housing Subdivision Map Act Economic Development 6. Public Safety Fire Services Emergency Services and Preparedness Law Enforcement Drugs and Alcohol Homelessness Miscellaneous 7. Revenue and Taxation State Mandates 8. Transportation, Communication and Public Works Transportation Public Works Contracts Telecommunications Dec. 2, 2025 Item #4 Page 5 of 53 2 Guiding Principles I. 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 diverse needs of the community, the city opposes preemption of local control. II. Maintain Fiscal Responsibility — The city supports legislative and budget measures that protect and enhance its existing funding sources, revenue base and control over local government budgeting. The city opposes efforts to shift local funds to the county, state or federal governments, diminish its revenue base or impose new mandates that are unfunded or inadequately funded. III. Protect Quality of Life — The city supports state legislation and funding that preserve the safety, security, cultural resources and well-being of our residents, workers, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development, equitable community services, cultural integrity and environmental programs and other city efforts to maintain and enhance the quality of life in Carlsbad. 2025 Legislative Priorities The city’s advocacy efforts will focus primarily on advancing the strategic goals adopted by the City Council, including: 1. Community Character 2. Quality of Life & Safety 3. Sustainability & the Natural Environment 4. Economic Vitality 5. Organizational Excellence & Fiscal Health 2025 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education (a) Support funding and legislation that support local arts and culture, acknowledges the community’s history and current conditions and recognizes the need for preservation and education. Child Care (a) Support measures that reduce regulatory complexities and the burden of insurance costs for child care providers. Dec. 2, 2025 Item #4 Page 6 of 53 3 (b) Support funding for the construction, renovation and maintenance of child care facilities. (c) Support the provision of reasonable tax incentives for employers who offer child care services. (d) Support legislation that restores local control over child care services in areas such as licensure, staffing, education and training. Park Bond Funds (a) Support statewide park bond measures that include a component that provides per capita grants to cities and counties. (b) Oppose statewide park bond measures that tie local eligibility for grant funds to non-park related issues, such as rent control or housing element status. Public Parks/Recreational Facilities (a) Support increased and sustainable funding for community park facilities, open space, and recreation programs. (b) Support legislation that preserves the ability to implement integrated pest management practices, a science-based, decision-making process that combines biological, physical and chemical tools in a way that achieves pest control objectives while minimizing economic, health, and environmental risk. (c) Support measures that clarify and streamline the process for obtaining a long-term lease/operating agreement to allow a city to assume the cost and responsibility for maintenance and operation of State Parks lands within its jurisdiction. Public Libraries (a) Support increased and sustainable funding for local public libraries and the State Library. (b) Oppose Internet filtering laws that apply to publicly funded libraries. (c) Support legislation that preserves library patron privacy. (d) Support legislation that preserves net neutrality. Seniors (a) Support legislation that fosters independence of older Californians. Dec. 2, 2025 Item #4 Page 7 of 53 4 (b) Support legislation that advances the objectives of the Age Friendly Carlsbad Action Plan, including increased and sustainable funding for senior transportation services, social and civic engagement programs and senior housing. (c) Support legislation that empowers cities to protect access to essential services (i.e., grocery, pharmacy, housing) for senior residents. Healthy Cities (a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors and workers, and especially the young. (b) Support initiatives that encourage cities to help parents make healthy family choices; create healthy schools; provide access to healthy and affordable foods; and adopt city design and planning principles that promote physical activity. (c) Support initiatives that encourage cities to involve youth, especially middle and high school students, with city health-related programs, including those promoting mental and psychological well-being. (d) Support initiatives that encourage cities to address the needs of an aging population through local and statewide planning, education and programming. (e) Support legislation that preserves the authority of local agencies to establish their own rules and regulations pertaining to community recreational activities. (f) Support funding for local communities attempting to address the needs of migrant workers. 2. Environmental Quality (a) Support legislation that complements the city’s Environmental and Sustainability Guiding Principles. (b) Support funding and legislation to improve and protect recreational water quality from contamination, support effective habitat management practices, and create and maintain public open space. (c) Support funding and legislation that facilitates and protects local control of habitat management planning, maintenance and administration. Dec. 2, 2025 Item #4 Page 8 of 53 5 (d) Support legislation that identifies the use of restrictive covenants as an acceptable instrument for documenting open space dedications, including for mitigation purposes. (e) Support funding and legislation that supports climate change adaptation and resilience efforts. Climate Change (a) Support funding and legislation that promotes market penetration and infrastructure expansion for zero emission vehicles and small off-road engines, such as those found in landscaping equipment and generators. (b) Support measures that promote clean fleet transitions while providing flexible compliance timelines for vehicles and equipment based on documented limitations in product availability, and cost-prohibitive market conditions. (c) Support measures that credit Metropolitan Planning Organizations for emissions reductions associated with regional electric vehicle adoption. (d) Support funding and legislation that facilitates energy efficiency and decarbonization practices and actions to mitigate the sources of greenhouse gas emissions in buildings. (e) Support funding and legislation that promotes greenhouse gas emissions reductions and/or the capture, removal, sequestration and secure storage of carbon dioxide from the atmosphere. (f) Support legislation that reduces the amount of ozone depleting compounds discharged into the atmosphere. (g) Support funding and legislation that promotes the use and purchase of clean alternative energy through the development of renewable energy resources and waste-to-energy technologies. California Environmental Quality Act (CEQA) (a) Support legislation that either requires citizen initiatives to comply with CEQA before being placed on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. (b) Support legislation that streamlines federal and state environmental review, eliminates procedural redundancies, and limits court reviews of environmental documentation. Dec. 2, 2025 Item #4 Page 9 of 53 6 Hazardous Materials (a) Support efforts for the proper and cost-effective disposal of solid, hazardous and medical waste. (b) Oppose legislation that makes local municipalities financially responsible for the removal, abatement or mitigation of hazardous materials. (c) Support funding and legislation that addresses concerns regarding the safe handling and storage of nuclear waste generated at the decommissioned San Onofre Nuclear Generating Station, particularly as it relates to the vulnerability to damage from seismic activity, landslides, tsunamis and sea level rise. Solid Waste, Recycling and Diversion (a) Support legislation that preserves the ability of local governments to regulate solid waste and recyclable materials. (b) Support measures that promote procurement and market development of recyclable and recycled materials. (c) Support legislation that promotes source reduction, sustainability and re- use measures. (d) Oppose legislation regulating "flow control" of solid waste materials. (e) Support measures that promote the recycling and reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (f) Support measures that would make low-interest loans and grants available to local agencies for programs that encourage the recycling and reclaiming of resources. (g) Support measures that would reduce the use of single-use plastics and Styrofoam packaging and prevent these materials from entering the waste stream, including public education and community partnership initiatives. (h) Support legislation that facilitates development of local and regional recycling and composting facilities. (i) Support funding to help cities and small businesses comply with state- mandated extended producer responsibility regulations that require manufacturers of single-use packaging and plastic food service ware to address the environmental impacts of plastic pollution. Utilities Dec. 2, 2025 Item #4 Page 10 of 53 7 (a) Support legislation that establishes regulatory and market mechanisms to maximize the state’s energy self-sufficiency and security. (b) Support legislation that establishes regulatory and market mechanisms that promote competition and reasonable, justifiable energy prices with programs to support low-income groups. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. (d) Support legislation that expedites the development of needed infrastructure (e.g., generation, transmission, and distribution) to create robust and functional markets. (e) Support legislation that increases the diversity of the state’s and region’s energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g., combined heat and power) and renewable resources. (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development. (h) Support legislation that preserves and protects net energy metering to continue incentivizing investments in rooftop solar energy systems. (i) Support legislation that provides funding to increase energy efficiency, improve reliability and reduce peak demand, including for demand-side management programs. (j) Support legislation that provides funding for renewable energy generation and energy storage projects. (k) Support legislation that minimizes adverse environmental impacts of the state’s and the region’s energy use. (l) Support funding and legislation that promotes the development of alternative energy sources. (m) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has Dec. 2, 2025 Item #4 Page 11 of 53 8 received the report required by the California Coastal Commission under the Warren-Alquist Act. (n) Support legislation that protects competitive neutrality, procurement autonomy, ratepayer affordability, reliability, decarbonization and social equity initiatives of community choice aggregation. (o) Support legislation that establishes rules under which Public Safety Power Shutoff events can be undertaken. Coastal Issues (a) Support measures that provide funding for urban waterfront restoration and enhancement. (b) Support legislation that would promote and provide funding for the restoration, preservation and enhancement of beaches, beachfront property and bluffs, including climate change adaptation efforts, local and regional sand replenishment efforts, as well as coastal access, public infrastructure and parking. (c) Support measures that allow Coastal Zone wetland mitigation to occur outside of the impacted jurisdiction. (d) Support measures that would preserve and extend the authority of cities over land use regulations concerning the placement of onshore facilities which service offshore oil drilling. (e) Support legislation that requires the double hulling of oil tankers. (f) Support legislation that promotes aquatic research, education and aquaculture. (g) Oppose any new offshore oil and gas leasing, drilling and exploration in all State of California and U.S. waters in the Pacific Ocean. (h) Support decommissioning of existing offshore oil drilling and pipeline infrastructure in all State of California and U.S. waters off the California coast. (i) Support legislation providing that if Coastal Commission staff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act. Dec. 2, 2025 Item #4 Page 12 of 53 9 (j) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (k) Support legislation that allocates state and federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. (l) Support legislation that provides direction to the California Coastal Commission through changes to the Coastal Act that would allow for construction of seawalls or other shoreline protection devices for existing structures, as defined by a local jurisdiction’s Local Coastal Program and up to the date of adoption of amendments to the Local Coastal Program. (m) Oppose legislation that would backdate the consideration date of existing structures to only those that existed prior to establishment of the Coastal Act (January 1, 1977). 3. Water General Principles (a) Support measures that provide for the equitable allotment and distribution of preferential water rights. (b) Support legislation that protects and improves the reliability, affordability, self-sufficiency, quality and security of local and imported water supplies. (c) Support legislation that ensures the San Diego County Water Authority and its member agencies receive the water supply benefits of their investment in local water supply sources. (d) Support legislation that provides for the development of a comprehensive state water plan that balances California’ s water needs and results in a reliable and affordable supply of high-quality water for the San Diego Region. (e) Support legislation that supports regional projects through Integrated Regional Water Management Planning. (f) Support legislation that streamlines environmental review processes for water and wastewater infrastructure projects and provides exemptions for emergency activities when the continued delivery of safe and clean water is threatened. Dec. 2, 2025 Item #4 Page 13 of 53 10 (g) Support legislation that establishes a more equitable voting structure at the San Diego County Water Authority, such as by providing that Board decisions be approved by both a tally vote majority and a weighted vote majority of the member agencies. Water Conservation (a) Support measures that will encourage water conservation practices by all water consumers. (b) Support measures that ensure conservation credit for municipal investments in water recycling systems and development of alternative sources. (c) Support legislation that promotes water conservation and water use efficiency while preserving district and public water rights and the authority of local agencies. (d) Support legislation that provides incentives, funding and other assistance to water agencies so that they can meet state water demand requirements. (e) Oppose legislation that imposes water use efficiency criteria for conservation-based water rates, standards, budget allocations, and programs that do not recognize local differences, quality impacts, and existing programs, or that override the authority of local agencies to adopt management practices that are appropriate for the needs of their agency. (f) Support legislation that provides flexibility in complying with drought regulations and recognizes variations among communities with respect to their ability to withstand the impacts of drought. Water Recycling (a) Support measures that promote the production and distribution of reclaimed water. Water Quality (a) Support legislation that protects the quality of drinking water and supports local agency efforts to meet state and federal water quality standards based upon sound scientific principles. (b) Support legislation that incorporates sound scientific based water quality requirements for all discharges to surface water or that could percolate to groundwater to safeguard public health and protect beneficial uses. Dec. 2, 2025 Item #4 Page 14 of 53 11 (c) Support legislation that implements source control and protects reservoirs, lakes, and coastal waters. (d) Support legislation that enables local agencies to regulate the discharge of contaminants into the sewer collection system based on discharge permit requirements, detrimental effects on infrastructure, and adverse effects on recycling and reuse. (e) Support legislation that provides state and federal funds for monitoring, research, treatment, and infrastructure investments needed to address new and emerging and other regulated contaminants. Water Storage and Conveyance Systems (a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities within the region and allow for economically feasible water transfers within the system. New Technology (a) Support legislation and regulations that encourage the use and development of alternative water sources. (b) Support funding and legislation that promotes the development of engineering solutions and alternative uses to eliminate wastewater treatment ocean discharges. (c) Support legislation that encourages and provides state and federal funding for the development of new technology in water use, reuse, quality monitoring, and treatment. Financial Considerations (a) Support legislation to develop an ongoing funding source to implement the federally mandated Clean Water Act of 1987 and to ensure protection of local resources. (b) Support legislation that would exempt stormwater and urban runoff management programs from Proposition 218 requirements. (c) Support legislation that allows Water Districts to award contracts in conformity with the provisions of the local City Charter. Dec. 2, 2025 Item #4 Page 15 of 53 12 (d) Support legislation that provides state and federal funds to local agencies for programs and projects that provide for the supply, storage, recycling, reclaiming, reuse and quality improvement of water resources. (e) Oppose any new tax or fee on water that does not benefit ratepayers. 4. Governance, Transparency, and Labor Relations Labor Relations (a) Support legislation that allows cities with civil service/personnel systems to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (c) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (d) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. (e) Oppose any legislation that would reduce local authority to resolve public employee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB). (f) Support measures that increase local authority to take adverse employment actions while an active complaint or grievance is being investigated. (g) Oppose measures that propose a standard higher than the normal civil standards in disciplinary proceedings for peace officers. (h) Support legislation that clarifies existing labor laws concerning whether an individual is considered an employee rather than an independent contractor. (i) Support measures that promote recruitment efforts and educational practices to advance and retain workplace diversity, equity and inclusion. (j) Oppose measures that would expand release time for union business. Dec. 2, 2025 Item #4 Page 16 of 53 13 (k) Oppose measures that would establish confidentiality privileges for union representatives. (l) Oppose measures that would require municipalities to pay erroneous retirement benefits. (m) Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other programs that promote employee overall wellness—particularly for underrepresented and frontline essential workers. (n) Support measures that protect employee choice in obtaining state- mandated insurance policies either through employer- or state- sponsored programs and insurance products (such as for long-term care insurance). (o) Support funding and legislation that would enhance efforts to prevent third-party harassment and workplace violence. (p) Support legislation authorizing electronic filings and virtual appearances for workplace violence restraining orders and workplace harassment restraining orders. (q) Support measures that clarify public meeting requirements related to employee recruiting and retention efforts. Workers’ Compensation (a) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (b) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. Governance and Ethics (a) Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and diminish local autonomy or home rule authority. (b) Support legislation that reduces and provides for recovery of costs, maintains privacy and eliminates attorney's fees for administering public records laws. Dec. 2, 2025 Item #4 Page 17 of 53 14 (c) Oppose legislation that broadens the scope of the Public Records Act without providing adequate funding for compliance. (d) Support measures that clarify standards to allow records management systems to qualify as a “trusted system.” (e) Support measures that clarify that the records and identities of juvenile crime victims are not subject to release once those individuals reach adulthood, pursuant to the Public Records Act. (f) Support measures that prohibit abuse of the Public Records Act as a means to obtain periodic market data. (g) Support measures that prohibit abuse of the Public Records Act as a means to advance serial lawsuits. (h) Support legislation that improves access to, and reduces the cost of, healthcare for public employees, including part-time and seasonal workers. (i) Support measures that reform California's tort system to reduce and limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (j) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. (k) Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. (l) Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions, local and regional, to participate virtually, without physical location posting requirements under the Ralph M. Brown Act. (m) Support amendments to the Ralph M. Brown Act that allow for the use of alternative and cost-effective methods of meeting public noticing requirements, including the use of electronic and digital media. (n) Support legislation to limit advertising costs charged for public noticing. (o) Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical Dec. 2, 2025 Item #4 Page 18 of 53 15 location posting requirements, so long as a physical in-person meeting quorum is present. (p) Support state funding efforts to assist with enhanced public access for members of the community. (q) Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. (r) Support legislation that would allow cities to conduct closed sessions on matters posing a threat to cybersecurity. (s) Support funding and legislation to assist local agency cybersecurity enhancement efforts. (t) Support legislation that strengthens cities’ ability to foster civil and respectful participation in public meetings and provides tools to help legislative bodies address disruptive behavior, including hate speech, while ensuring the public’s First Amendment rights are protected. (u) Support legislation that allows public agencies to deliver sealed public records subpoenaed for trial either by electronic transfer or courier, rather than requiring hand-delivery and in-person testimony regarding the public record. Elected Officials (a) Support legislation that prevents threats to the security of public officials in their homes by extending or providing protection to elected and appointed officials from the unauthorized publication of their home addresses or telephone numbers in newspapers or similar periodicals. (b) Support legislation requiring both elected local and state officials to maintain their place of residence in the jurisdiction they were elected to represent. 5. Housing, Community and Economic Development Planning and Zoning (a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and tax increment financing areas. Dec. 2, 2025 Item #4 Page 19 of 53 16 (b) Support 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. (c) Support measures that authorize local land use planning and zoning law to override conflicting state law. (d) Support measures that ensure local land use planning or zoning initiatives approved by voters shall not be nullified or superseded by the actions of any local or state legislative body. (e) Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted. (f) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. (g) Support measures that allow local agencies to condition mobile home park conversions from rental to resident ownership pursuant to local land use regulations including a requirement to provide public improvements and infrastructure where necessary to promote the health, safety, and welfare of park residents. (h) Support legislation that preserves the authority of local agencies to regulate short-term vacation rentals. (i) Support legislation that enables local agencies to effectively address issues concerning public safety and proper management of recovery- based group homes, including proposals to establish discretionary permitting and inspection authority for cities, requiring operators to obtain a conditional use permit, allowing cities to establish a separation standard, and requiring the presence of on-site managers and/or security personnel at all times, while being mindful of group home residents’ potential vulnerabilities. (j) Oppose legislation that would diminish local control to set and assess development review and building inspection fees. Housing (a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental Dec. 2, 2025 Item #4 Page 20 of 53 17 opportunities) for all economic segments of the community including the elderly, persons with disabilities, and low-income persons. (b) Support expansion of tax credit and bond opportunities for affordable housing. (c) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non-profit groups in order to rehabilitate residential units and commercial properties. (d) Support legislation that would provide additional funding for rental subsidy assistance programs (such as the Housing Choice Voucher Program, the federally funded rental subsidy program for low-income households) via more sustainable vouchers or certificates. (e) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution, which requires local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government. (f) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (g) Support state legislation that strengthens local inclusionary housing programs for lower-income residents. (h) Support the repeal or modification of the Davis-Bacon Wage Act, as it relates to charter cities, that set a prevailing wage scale for public projects, substantially increasing the cost of publicly assisted housing developments. (i) Support legislation that will consolidate and streamline the administration and reporting requirements for the CDBG program. (j) Oppose legislation that would give the State financial administrative responsibilities for the CDBG program. (k) Support legislation that recognizes the impediments to infill housing development due to inadequate and/or deteriorated infrastructure, and provides funding and/or cost recovery mechanisms for local agencies to complete the necessary upgrades. Dec. 2, 2025 Item #4 Page 21 of 53 18 (l) Support measures that would establish a formula-based Regional Housing Needs Assessment allocation methodology that reflects the unique needs and practical capacity of local communities. (m) Oppose measures that diminish local authority to implement growth management initiatives that ensure communities do not exceed carrying capacities and the provision of adequate public facilities. (n) Support measures that would exempt 100% affordable housing projects from complying with the California Environmental Quality Act while continuing to mitigate residents’ potential exposure to health and safety hazards. (o) Oppose legislation that would expand the Coastal Commission’s authority over state and local housing policy, which would result in administrative inefficiencies and policy conflicts. (p) Support legislation that modifies existing housing laws to remove inconsistencies, clarify the decision-making authorities granted to various state agencies (i.e., California Coastal Commission and California Department of Housing and Community Development), and improve clarity in application. (q) Support housing legislation that would allow density increases to satisfy the state’s “no net loss” requirements, when the increases occur concurrent with or prior to a density reduction. (r) Support legislation that more equitably applies rent control laws to various types of rental housing, such as condominiums. (s) Support legislation that prohibits property owners who are awarded tax credit financed projects from charging Section 8 Housing Choice Voucher clients a higher rent than the rent charged to non-Section 8 Housing Choice Voucher clients. (t) Support legislation clarifying that replacement housing required of a density bonus project that demolishes existing low or moderate units on the parcel is in addition to the affordable units required under density bonus law. (u) Support legislation that ensures that affordable and market-rate accessory dwelling units and units in projects receiving development standard waivers, concessions or density bonus are not used for vacation rentals. Dec. 2, 2025 Item #4 Page 22 of 53 19 (v) Support legislation clarifying a city’s ability to enforce a local inclusionary ordinance on the total units, inclusive of units obtained through a density bonus. (w) Support legislation that maintains local decision-making regarding the development of Accessory Dwelling Units. (x) Support measures that allow cities to deny or condition housing development to reconcile documented deficiencies in water, wastewater, or transportation system service capacity. (y) Support legislation that allows for local decision-making regarding parking requirements. (z) Support legislation that revises the methodology for measuring the distance to a major transit stop, used to determine parking exemption eligibility, to reflect the actual walkable distance between the transit stop and the project entrance along established pedestrian routes. (aa) Support legislation that excludes ADA and EV parking and water and sewer utility infrastructure engineering standards, including those deemed necessary to address cumulative life-safety impacts, from the project elements eligible for relief through development standard waivers and concessions under state density bonus law. (bb) Support legislation that provides that when parking and other project amenities are voluntarily provided beyond that which is required, they be proportionately assigned, distributed or made accessible to residents of deed-restricted and market-rate housing units. Subdivision Map Act (a) Support legislation that would automatically extend approved or conditionally approved tentative, final and parcel maps under the Subdivision Map Act during and for a limited time period after a statewide financial or public health crisis, or other declared State of Emergency. Economic Development (a) Support legislation that facilitates economic development efforts and encourages local business investments, job creation and retention. (b) Support legislation that would establish new tax increment financing tools. Dec. 2, 2025 Item #4 Page 23 of 53 20 (c) Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecoverable revenue losses resulting from a financial or public health crisis, or other declared State of Emergency. (d) Support legislation that protects small businesses from extraordinary health insurance premium increases being applied during and for a limited time period after a financial or public health crisis, or other declared State of Emergency. (e) Support legislation that would remove impediments to the automatic extension of local permits during and for a limited time period after a financial or public health crisis, or other declared State of Emergency. (f) Support legislation that provides eviction protections and funding for rental assistance programs for residential and commercial tenants and property owners impacted by a financial or public health crisis, or other declared State of Emergency. 6. Public Safety Fire Services (a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (b) Support legislation that increases the ability of local agencies to conduct fire hazard mitigation on protected habitat areas. (c) Oppose legislation that would diminish local control to set and assess fire inspection fees. (d) Oppose legislation that circumvents building or fire code requirements by statute, including through the provision of a “deemed complete” or “deemed approved" status when local agencies exceed maximum application review timelines. (e) Support legislation that would enhance statewide wildland fire safety infrastructure. (f) Support legislation and funding for firefighter wellness programs. Dec. 2, 2025 Item #4 Page 24 of 53 21 Emergency Services and Preparedness (a) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (b) Oppose legislation that would restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers. (c) Support legislation that would enhance cost recovery or provide funding for emergency medical services and pre-hospital care. (d) Support legislation that would strengthen awareness of and access to resources concerning community and disaster preparedness, public health, safety, and resiliency. (e) Support legislation that provides state and federal emergency funding and regulatory relief that allows cities to devote the necessary resources and meet the operational challenges of protecting the public health, safety and welfare in response to a declared State of Emergency. (f) Support legislation that clarifies the requirements for operating city- owned ocean rescue watercraft. (g) Support legislation allowing public safety officials to drive off-highway Utility-Terrain Vehicles (UTVs) on city streets. Law Enforcement (a) Support legislation that strengthens a diverse local law enforcement. (b) Support measures that would provide a greater share of seized assets to localities and increased discretion for local spending. (c) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (d) Support legislation that strengthens penalties for violent offenders, including sentencing enhancements for violently resisting or brandishing a weapon during the commission of a property-related crime. (e) Support legislation that strengthens penalties for violent crimes committed by juveniles. Dec. 2, 2025 Item #4 Page 25 of 53 22 (f) Support legislation that would increase accountability and transparency among law enforcement agencies and personnel. (g) Support legislation that encourages or mandates police training to include mental health awareness, implicit and explicit bias and de- escalation techniques. (h) Support legislation and funding to continue the state Citizens’ Option for Public Safety (COPS) Program and federal Community Oriented Police Services (COPS), and to provide funding for local agencies to recoup the costs of crime and increase community safety. (i) Support legislation that strengthens penalties for participating in any coordinated effort to disrupt the use of public roads and publicly accessible parking lots (e.g. as part of a street takeover, sideshow, or racing exhibition). (j) Support legislation and funding for police officer wellness programs. (k) Support legislation that provides for the proper and timely intake, without unnecessary delay, of arrestees. Drugs and Alcohol (a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (b) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. (c) Support legislation that enhances local agencies’ ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohol. (d) Support legislation that would provide funding for addiction rehabilitation treatment. (e) Support any measure that protects children and youth from exposure to tobacco, secondhand smoke and tobacco- and nicotine-related products. Dec. 2, 2025 Item #4 Page 26 of 53 23 (f) Support legislation that preserves local control over medical and adult- use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses. (g) Support legislation that prevents or reduces the adverse effects of drug addiction. Homelessness (a) Support funding and legislation that provides resources, including enriched referral services, and outreach and case managers to help ensure local governments have the capacity to address the needs of persons experiencing homelessness in their communities, including resources for regional collaborations. (b) Support measures that provide resources to address the mental health needs of persons experiencing homelessness. (c) Preserve local control by increasing funding opportunities for housing programs/projects that suggest, rather than require, compliance with the Housing First model. (d) Support measures that would revise the definition of “Housing First” to allow mandated case management as a condition of occupancy in publicly funded permanent supportive housing. (e) Support measures that require occupants of permanent supportive housing units funded by Behavioral Health Services Act or Mental Health Services Act programs to agree to receive case management services. (f) Support legislation that streamlines and clarifies the review process and criteria for determining that a subregional placement priority for placements into permanent supportive housing does not violate fair housing laws. (g) Support measures that allow H-2A Visa holders (seasonal workers) and individuals experiencing homelessness to occupy congregate shelter beds funded through the Joe Serna, Jr. Farmworker Housing Grant Program. (h) Support legislation that creates streamlined protocols and metrics to be used by homeless service providers and local agencies, providing more accurate statistics of individuals experiencing homelessness, including in- flow and out-flow information, cost-reporting of services rendered, and individuals successfully housed. Dec. 2, 2025 Item #4 Page 27 of 53 24 (i) Support measures that facilitate regional and city-driven solutions to address homelessness through crisis response, mental evaluation, and homeless outreach teams. (j) Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness and recognizing mental illness and addiction as contributors to chronic homelessness. (k) Support continued funding for housing, outpatient beds and treatment to further behavioral and mental health services programs, including Community Assistance, Recovery and Empowerment (CARE) Court. Miscellaneous (a) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, specialty responses such as hazardous materials and technical rescue, and other appropriate functions. (b) Support legislation that provides financial assistance to local agencies for Homeland Security. (c) Support the enactment of legislation to prevent gun violence. (d) Support measures to expand and fund mental health and social- emotional health services, including the provision of such services and safety education in schools. (e) Support measures to provide resources to develop school safety guidelines, conduct comprehensive school safety audits and maintain continued vigilance and monitoring of safety matters in schools. (f) Support legislation to eliminate restrictions on the collection and compiling of data related to violence perpetrated with firearms, including research into the causes and consequences of gun violence. (g) Support measures to provide funding to support 911 communication centers. (h) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center, a collaborative partnership among federal, state and local law enforcement/public safety agencies focused on enhancing coordination, information sharing, regional preparedness, training and investigative support/analysis for first responders and other public and private partners in the region. Dec. 2, 2025 Item #4 Page 28 of 53 25 (i) Support legislation that provides financial assistance to local law enforcement agencies for staff assigned to a regional task force. 7. Revenue and Taxation (a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency. (c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., buildings, roads, utilities, open space) more available to local municipalities. (e) Oppose legislation that attempts to eliminate the “pay first and litigate later” provisions of law and oppose any bill that proposes to reduce or eliminate the obligation of any online travel agency to pay transient occupancy taxes under state or local law. (f) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. (g) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes. (h) Support measures that implement basic structural changes in state government that result in state budget expenditures being brought into balance with state revenues. (i) Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user, and which simplify the process of establishing such fees. (j) Support legislation that would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including, but not limited to, fines and forfeitures. Dec. 2, 2025 Item #4 Page 29 of 53 26 (k) Support measures to reinstate flexibility in the administration of Article XIII-B (The Gann Initiative), which establishes an annual appropriations limit on the state and most local governments. (l) Oppose any measure that restricts or limits a public entity’s ability to use tax exempt debt for the purchase or construction of public purpose improvements. (m) Oppose legislation that shifts state and county criminal justice costs to cities. (n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards. (p) Oppose measures that propose significant economic changes without the completion of a balanced, comprehensive economic analysis. (q) Support funding and legislation that provides direct financial support to cities to offset cost increases and lost revenues resulting from a financial or public health crisis, or other declared State of Emergency. (r) Support legislation that promotes regional collaboration on response efforts addressing the impacts of a financial or public health crisis, or other declared State of Emergency, including funding to support local businesses. (s) Support legislation that provides flexibility concerning the disposition of municipally owned real estate assets to promote economic development and other public purposes. State Mandates (a) Support legislation that would eliminate unfunded state and federal mandates or would require timely reimbursement to cities. (b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (c) Oppose legislation that creates surcharges for state oversight of state mandated programs. Dec. 2, 2025 Item #4 Page 30 of 53 27 8. Transportation, Communication and Public Works Transportation (a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives. (b) Support legislation that provides for safe, effective and efficient transportation alternatives for all travel modes. (c) Support legislation that reforms traffic impact analysis protocols to more effectively account for clean mobility solutions in calculating vehicle miles travelled. (d) Support funding and legislation that provides direct support to cities to advance roadway safety through education, engineering and enforcement. (e) Support legislation that establishes requirements for E-bike rider safety training and licensing. (f) Support legislation that extends the responsibility for traffic violations by juvenile E-bike riders to parents. (e) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (f) Encourage and support double tracking of the rail corridor within the City limits in a manner that: 1. Improves public safety access and response times. 2. Eliminates or reduces existing at-grade rail crossings within the rail corridor. 3. Improves local, regional, and coastal access for all travel modes (bicycle, pedestrian, vehicle, transit). 4. Minimizes impacts to neighborhoods. 5. Maximizes community and neighborhood connections. 6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. 7. Protects and/or enhances environmental resources. Dec. 2, 2025 Item #4 Page 31 of 53 28 (g) Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions. (h) Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. (i) Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. (j) Oppose changes in aviation policies that would allow McClellan-Palomar Airport to expand without authorization from the city. (k) Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. (l) Support legislative and regulatory initiatives that promote market penetration and infrastructure expansion to expedite the transition to lead-free aviation fuels and eliminate the use of leaded aviation gasoline. (m) Support measures that would increase local control over airports located within municipal boundaries. Public Works (a) Oppose legislation that would erode or purport to erode a charter city’s ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. (b) Support funding and legislation that supports utilities undergrounding. Contracts (a) Support legislation prohibiting firms from bidding on City projects if the firm is currently involved in legal proceedings against the City arising from prior projects. (b) Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (c) Support measures that would clarify the roles and responsibilities of public agency officers and employees as related to the prohibition on entering into or participating in making contracts in which they have a financial interest. Dec. 2, 2025 Item #4 Page 32 of 53 29 (d) Support legislation that clarifies when the award of a contract would constitute a conflict of interest relative to Government Code Section 1090. (e) Support measures that increase flexibility in delivering grant-funded project completion due to conditions beyond the city’s control (i.e., for partnering agency or market-driven delays). Telecommunications (a) Support legislation and regulations of telecommunications facilities and services that: 1. Maintain local control over the public right-of-way. 2. Provide just compensation for the use of right-of-way and overseeing public service standards. 3. Ensure public, education, and governmental access is available, equitable and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. 7. Enhance access for all community members to fast, reliable, affordable and high-quality internet, which can spur innovation and help close the digital divide in California. 8. Support net neutrality to prevent internet service providers from blocking, throttling, degrading, or providing for paid prioritization of lawful content, applications, or services. 9. Clarify cities’ ability to implement development standards for trench coverage depth. (b) Support legislation that requires cable television companies to assure that audio and video portions of adult entertainment channels are completely blocked 24 hours a day in the homes of non-subscribers. (c) Oppose any measure or legislation that prevents local franchising of cable television or video services, regardless of the technology used to deliver the cable television or video services to the subscriber. Dec. 2, 2025 Item #4 Page 33 of 53 From:Steve Linke To:Jason Haber Cc:City Clerk Subject:Slides for Legislative Subcommittee Item #4 Date:Tuesday, November 18, 2025 3:19:28 AM Attachments:2025-11-18 LS Item 4 - Linke (ELUA).pptx Hi Jason, I am not sure whether I will be able to make it to the meeting at 9 AM for public comment, but I have attached a PowerPoint for Item #4 in case I do. Hopefully, it can be made available. Thanks, Steve Linke Equitable Land Use Alliance CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Exhibit 2 Dec. 2, 2025 Item #4 Page 34 of 53 It e m # 4 : C i t y o f C a r l s b a d 2 0 2 6 Le g i s l a t i v e P l a t f o r m Le g i s l a t i v e S u b c o m m i t t e e 11 / 1 8 / 2 0 2 5 St e v e L i n k e , E q u i t a b l e L a n d U s e A l l i a n c e Dec. 2, 2025 Item #4 Page 35 of 53 Ho u s i n g , C o m m u n i t y a n d E c o n o m i c De v e l o p m e n t > P l a n n i n g a n d Z o n i n g • (c ) S u p p o r t an a m e n d m e n t t o t h e C a l i f o r n i a Co n s t i t u t i o n a n d a l l o t h e r me a s u r e s t h a t au t h o r i z e l o c a l l a n d u s e p l a n n i n g a n d z o n i n g la w t o o v e r r i d e c o n f l i c t i n g s t a t e l a w . – Wo u l d a d d r e s s 2 0 + o t h e r i t e m s in p l a t f o r m Dec. 2, 2025 Item #4 Page 36 of 53 Ho u s i n g , C o m m u n i t y a n d E c o n o m i c De v e l o p m e n t > P l a n n i n g a n d Z o n i n g • (y ) S u p p o r t l e g i s l a t i o n t h a t a l l o w s f o r l o c a l d e c i s i o n - ma k in g r e g a r d i n g p a r k i n g r e q u i r e m e n t s , in c l u d i n g le g i s l a t i o n t h a t e n s u r e s l o c a l j u r i s d i c t i o n s c a n p r e v e n t th e r e s i d e n t s , g u e s t s , e m p l o y e e s , a n d c u s t o m e r s o f re s i d e n t i a l a n d m i x e d -us e p r o j e c t s t h a t e x p l o i t s t a t e pa r k i n g r e q u i r e m e n t l a w s t o r e d u c e p a r k i n g re q u i r e m e n t s f r o m u s i n g o f f -si t e p a r k i n g . Dec. 2, 2025 Item #4 Page 37 of 53 Ho u s i n g , C o m m u n i t y a n d E c o n o m i c De v e l o p m e n t > P l a n n i n g a n d Z o n i n g • (z ) S u p p o r t l e g i s l a t i o n t h a t r e v i s e s t h e me th o d o l o g y f o r m e a s u r i n g t h e d i s t a n c e t o a ma j o r t r a n s i t s t o p , us e d t o d e t e r m i n e p a r k i n g ex e m p t i o n e l i g i b i l i t y , to r e f l e c t t h e a c t u a l w a l k a b l e di s t a n c e b e t w e e n t h e t r a n s i t s t o p a n d t h e p r o j e c t en t r a n c e a l o n g e s t a b l i s h e d p e d e s t r i a n r o u t e s . Dec. 2, 2025 Item #4 Page 38 of 53 Ho u s i n g , C o m m u n i t y a n d E c o n o m i c De v e l o p m e n t > P l a n n i n g a n d Z o n i n g • Su p p o r t m e a s u r e s / l e g i s l a t i o n t h a t r e v i s e s t h e de f i n i t i o n o f “ m a j o r t r a n s i t s t o p ” t o r e q u i r e mo r e f r e q u e n t a n d c o m p r e h e n s i v e l o c a l se r v i c e t o k e y d e s t i n a t i o n s . Dec. 2, 2025 Item #4 Page 39 of 53 Ho u s i n g , C o m m u n i t y a n d E c o n o m i c De v e l o p m e n t > P l a n n i n g a n d Z o n i n g • Su p p o r t m e a s u r e s / l e g i s l a t i o n t h a t p l a c e s t h e bu r d e n o f p r o o f o n t h e d e v e l o p e r t o s h o w t h e ne e d f o r c o n c e s s i o n s o r w a i v e r s f o r t h e vi a b i l i t y o f a f f o r d a b l e u n i t s . Dec. 2, 2025 Item #4 Page 40 of 53 Ho u s i n g / C E Q A / T r a n s p o r t a t i o n cr o s s - ov e r • Su p p o r t m e a s u r e s / l e g i s l a t i o n t h a t r e q u i r e s mi t i g a t i o n f o r v e h i c l e m i l e s t r a v e l e d ( V M T ) b y de v e l o p m e n t s i n z o n e s t h a t h a v e b e e n e s t a b l i s h e d by l o c a l j u r i s d i c t i o n s t h r o u g h t r a f f i c m o d e l i n g t o ha v e a s i g n i f i c a n t e n v i r o n m e n t a l i m p a c t , r e g a r d l e s s of p r o x i m i t y t o t r a n s i t . Dec. 2, 2025 Item #4 Page 41 of 53 Ho u s i n g / F i r e / T r a n s p o r t a t i o n c r o s s -ov e r • Su p p o r t m e a s u r e s / l e g i s l a t i o n t h a t e x e m p t ar e a s i n H i g h a n d V e r y H i g h F i r e H a z a r d Se v e r i t y Z o n e s f r o m s t a t e h o u s i n g l a w s t h a t co u l d a d v e r s e l y a f f e c t e m e r g e n c y r e s p o n s e s t o or e v a c u a t i o n f r o m w i l d f i r e s . Dec. 2, 2025 Item #4 Page 42 of 53 1 BALLOT MEASURE ACTIVITIES & PUBLIC RESOURCES | APRIL 2022 Ballot Measure Activities & Public Resources A s important as ballot measures are to policymaking, public agencies and officials face important restrictions and requirements related to ballot measure activities. The basic rule is that public resources may not be used for ballot measure campaign activities. Public resources may be used, however, for informational activities. The key difference between campaign activities and informational activities is that campaign activities support or oppose a ballot measure, while informational activities provide accurate context and facts about a ballot measure to voters. This document summarizes some of the key applications of these principles. The law, however, is not always clear and the stakes are high. Missteps in this area are punishable as both criminal and civil offenses. Always check with agency counsel for guidance on how these rules apply in any specific situation. Public Agency Resources May Be Used To ;Draft and place a measure on the ballot. ;Pay for polling to determine whether to place a measure on the ballot. ;Prepare and distribute an objective and fact-based analysis on the effect a ballot measure may have on the agency and those the agency serves. ;Express the agency’s views about the effect of the measure on the agency and its programs, provided the agency is exceedingly careful not to advocate for or against the measure’s passage. ;Adopt a position on the measure, as long as that position is taken by the governing body at an open meeting where all voices have the opportunity to be heard. ;Respond to inquiries about the ballot measure in an objective and fact-based manner. Considerations ;Agency communications about ballot measures should not contain inflammatory language or argumentative rhetoric, or urge any particular vote. ;Public employees and elected officials may, on their own time and with their own resources, engage in the following activities: »Work on ballot measure campaigns or attend campaign-related events on personal time (for example, evenings, weekends and lunch hours). »Make campaign contributions to ballot measures, using one’s own money or campaign funds (while observing campaign reporting rules). »Send and receive campaign related emails or text messages using one’s personal (non-agency) account or device. »Personally endorse or oppose a measure. Exhibit 3 Dec. 2, 2025 Item #4 Page 43 of 53 2 BALLOT MEASURE ACTIVITIES & PUBLIC RESOURCES | APRIL 2022 Public Officials Should Not :Engage in campaign activities while on agency time, in uniform, or with agency resources. :Use agency resources (including office equipment, supplies, staff time, vehicles or public funds) to engage in advocacy-related activities, including producing campaign-type materials or performing campaign tasks. :Use public funds to pay for campaign-related expenses (for example, television, radio, digital advertising, bumper stickers or signs) or make campaign contributions. :Use agency devices or email addresses for campaign communication activities. Best Practices ;Inform agency employees and public officials about these legal restrictions, particularly once a ballot measure affecting the agency has qualified for the ballot. ;Include language on informational materials that clarifies that they are for informational purposes only. For example, “these statements shall not be construed in support of or against XX ballot measure.” WHEN DO THESE RESTRICTIONS KICK IN? The rules against the use of public resources for campaign activities certainly are triggered once a measure has qualified for the ballot. However, the rules also may apply while a clearly identified measure is in the qualification process. Agencies should always consult with agency counsel regarding the permissibility of specific activities. DISCLOSURE REQUIREMENTS Ballot measure expenditures that cross the line into advocacy are also subject to disclosure (transparency) requirements under California’s Political Reform Act (Government Code sections 81000 et seq.). ILG is the non-profit training and education affiliate of the League of California Cities, California State Association of Counties and the California Special Districts Association which represent 1000s of local agencies across the state. ILG helps local officials and staff navigate the constantly changing landscape of their jobs by offering training, technical assistance, written resources and facilitation services specifically designed for local agencies. From leadership to public engagement to housing and workforce, ILG can help with a wide range of issues. Visit www.ca-ilg.org for more information. © 2022 Institute for Local Government. All rights reserved. Thank You to Our Partners The Institute for Local Government would like to thank the following partners for their support and contributions to this publication: Best Best & Krieger, LLP Burke Williams & Sorensen, LLP Colantuono, Highsmith & Whatley Hanson Bridgett Kronick Moskovitz Tiedemann & Girard Liebert Cassidy Whitmore Renne Public Law Group Richards Watson & Gershon Dec. 2, 2025 Item #4 Page 44 of 53 1 BALLOT MEASURES AND PUBLIC AGENCIES Ballot Measures and Public Agencies The California Constitution reserves to the people the right to make some important local policy decisions through the initiative and referendum process.1 Determining what role local agencies and their officials may play in the initiative and referendum process can be somewhat complicated, but less so if one keeps in mind the basic concept that public funds may not be used to put government’s “thumb on the scale” in trying to influence voters one way or the other. The following series of questions and answers provide general guidelines and analyses of pertinent issues associated with the use of public resources and ballot measure activities. The purpose of this paper is to provide guidance that represents the Institute’s best judgment, based on the law, on how to avoid stepping over the line that divides lawful from unlawful conduct. As a general matter, the Institute believes in not treading too close to any such lines, but instead giving them fairly wide berth. It is also important to remember that just because a given course of action may be lawful, does not mean it will satisfy the public’s or the agency’s ideas of what constitutes an appropriate use of public resources. Proper stewardship of public resources is a key accountability issue for public officials. In determining proper use of public resources, it is important to remember the law creates only minimum legal standards. The public may view what is “right” as a much more important standard than what is “legal.” In addition, there almost always are potential political implications of walking too close to the line in terms of the public’s overall reaction to a ballot measure and where the public’s attention should be focused. This guide is offered for general information only and is not intended as legal advice. Reasonable attorneys can and do disagree on where the boundaries are on these issues; moreover, the specific facts of the situation are an important element of the analysis. Always consult an attorney knowledgeable about this area of the law when analyzing what to do in specific situations. General Framework 1.Our agency is interested in a measure that is appearing on an upcoming ballot. We have informationthat may be helpful to the public in making its decision on how to vote. What do we need to keep inmind as we consider sharing that information with the public? Public agencies play an important and ongoing, but impartial, educational role in contributing to the public’s information on important issues affecting the community. The flow of factual, unbiased information back and forth between public agencies and constituents, as well as among constituents, is vital to effective decision- making. Both statutes and case law define the legal parameters of what public agencies may and may not do to communicate their views on ballot measures with public resources. “Public resources” include not only money, but things paid for with public money, including staff time, agency facilities, materials and equipment and agency communications channels.2 1 Cal. Const. Art. II, §§ 8-112 See Stanson v. Mott, 17 Cal. 3d 206, 210-11(1976) (referring to expenditure of staff “time and state resources” to promote passage of bond act); Vargas v. City of Salinas, 46 Cal. 4th 1, 31-32 (2009). See also People v. Battin, 77 Cal. App. 3d 635, 650 (4th Dist. 1978) (county supervisor’s diversion of county staff time for improper political purposes constituted criminal misuse of public monies under Penal Code section 424), cert. denied, 439 U.S. 862 (1978), superseded on other grounds by People v. Conner, 34 Cal. 3d 141 (1983). But see Bardolph v. Arnold, 435 S.E. 2d 109, 113 (N.C. App 1993) (local government may expend public funds to create support for qualified ballot measure), rev. denied, 439 S.E.2d 141 (1993). Exhibit 4 Dec. 2, 2025 Item #4 Page 45 of 53 2 BALLOT MEASURES AND PUBLIC AGENCIES All state and local officials, including appointees, are prohibited from using public funds for personal or campaign purposes, such as supporting or opposing a ballot measure. However, courts, most notably in the case of Stanson v. Mott, have clarified there is a difference between a public agency’s lawful, impartial, informational activity and unlawful, partisan advocacy for or against a ballot measure. While public agencies may provide accurate, factual and impartial information to the public about a ballot measure, they may not expressly advocate for a “Yes” or “No” vote on the measure, or disseminate information in a manner, style, tenor or tone that urges a particular vote. Local public agency governing bodies may take a position at public meetings in favor of or against a particular measure that would affect the agency or its constituents.3 And public agencies may spend money to encourage constituents to register to vote, and to get out to vote.4 It is worth noting that there are additional campaign-related restrictions and transparency requirements that have been adopted by the Fair Political Practices Commission (FPPC) pursuant to the state’s Political Reform Act, such as a prohibition on using public resources to mail advocacy materials to voters5 and transparency requirements intended to ensure that the public has a right to know who is spending what to influence their votes.6 The best way for an agency to avoid running afoul of the FPPC regulations is to refrain from any communication that could reasonably be construed as advocacy. Since public agencies cannot legally spend public funds for illegal advocacy purposes there should be no reason for public agencies to be reporting campaign expenditures. Agencies should also be aware that there are restrictions on sending mass mailings at public expense that mention or feature an elected official, even if they are non-campaign related. For example, mass mailings at public expense are strictly limited from elected officials who are also candidates for 60 days preceding an election.7 In light of the complexity in this area, it is essential to be in close contact with agency counsel regarding agency activities relating to ballot measures and other political activities. 2.What is the underlying theory for restricting public agency activities with respect to ballot measure advocacy? Aren’t public information efforts relating to what’s best for the community a core function for local agencies? Public information is one thing; advocacy is another. The reason courts have given for restricting public agency activities with respect to ballot measures is that the use of taxpayer dollars in an election campaign could distort the debate8 and undermine the fairness of the election.9 More specifically, courts have worried about public agency communications overwhelming voters10 and drowning out the views of others.11 Restrictions also are a way of maintaining the integrity of the electoral process by neutralizing any advantage that those with special access to government resources might possess.12 That being said, courts have also recognized that public agencies have a role to play in making sure the public has the factual, impartial information it needs to make informed decisions. One court explained the role this way: “If government is to secure cooperation in implementing its programs, if it is to be able to maintain a dialogue with its citizens about their needs and the extent to which government can or should meet those needs, 3 See 2 Cal. Code Regs. § 18420.1 (defining campaign-related expenditures as either reportable independent expenditures or contributions).4 See 2 Cal. Code Regs. § 18901.1 (prohibiting campaign mailings sent at public expense).5 League of Women Voters v. Countywide Criminal Justice Coordination Comm., (1988), 203 Cal.App.3d 529, 555.6 Schroeder v. City Council of Irvine, (2002) 97 Cal.App.4th 174, 187.7 Cal. Gov’t Code § 89003.8 See Vargas, 46 Cal. 4th at 31-32.9 Vargas, 46 Cal. 4th at 36-37.10 See Vargas, 46 Cal. 4th at 23-24, 32, citing Stanson v. Mott, 17 Cal. 3d 206, 216-217 (explaining that, as a constitutional matter, “the use of the public treasury to mount an election campaign which attempts to influence the resolution of issues which our Constitution leave[s] to the ‘free election’ of the people (see Cal. Const., art. II, § 2) . . . present[s] a serious threat to the integrity of the electoral process”). See also Keller v. State Bar, 47 Cal.3d 1152, 1170-1172, (1989), reversed on other grounds 496 U.S. 1 (1990).11 Vargas, 46 Cal. 4th at 46 (concurring opinion).12 San Leandro Teachers Ass’n v. Governing Bd. of San Leandro Sch. Dist., 46 Cal.4th 822, 845 (2009). Dec. 2, 2025 Item #4 Page 46 of 53 3 BALLOT MEASURES AND PUBLIC AGENCIES government must be able to communicate. An approach that would invalidate all controversial government speech would seriously impair the democratic process.”13 The court also noted that, if public agencies cannot address issues of public concern and controversy, they cannot govern.14 3.What guidelines have the courts provided on using public resources relating to ballot measures? California courts have, in essence, created three categories of activities: •Those that are usually impermissible campaign activities; •Those that are usually permissible informational activities; and •Those that may require further analysis under the “style, tenor and timing” test.15 Usually Impermissible activities include using public funds for campaign activities16 or communications that expressly advocate a particular result in an election, or purchasing campaign materials such as bumper stickers, posters, advertising “floats,” television, and radio and digital advertising spots and billboards.17 Another improper activity is using public resources to disseminate advocacy materials prepared by others.18 The production and mailing of “promotional campaign brochures” is also not allowed, even when those documents contain some useful factual information for the public.19 Usually Permissible activities include: •The governing body of the agency taking a position on a ballot measure in an open and public meeting where all perspectives may be shared.20 •Preparing impartial staff reports and other analyses to assist decision-makers in determining the impact of the measure and what position to take.21 •Responding to inquiries about ballot measures in ways that provide a fair presentation of the facts about the measure and the agency’s view of the merits of a ballot measure including, if applicable, the governing body’s position on the measure.22 •Accepting invitations to present the agency’s views before organizations interested in the ballot measure’s effects including, if applicable, the governing body’s position on the measure.23 Any activity or expenditure that doesn’t fall into either the “usually impermissible” or “usually permissible” category must be evaluated by a “style, tenor and timing” standard against the backdrop of the overarching concern for fairness and non-distortion in the electoral process.24 The safest approach is to deliver the information through regular agency communications channels (for example, the agency’s existing website or newsletter), in a way that emphasizes facts and does not use inflammatory language or argumentative rhetoric.25 Any communications should not encourage the public to adopt the agency’s views, vote one way or another, or take any other actions in support of or in opposition to the measure.26 13 Miller v. Comm’n on the Status of Women, 151 Cal. App. 3d 693, 701 (1984).14 Id.15 Vargas, 46 Cal. 4th at 7, citing Stanson, 17 Cal. 3d at 222 & n. 8.16 Government codes section 8314.17 Vargas, 46 Cal. 4th at 24, 32, 42.18 Vargas, 46 Cal. 4th at 24, 35.19 Vargas, 46 Cal. 4th at 39 n. 20. 20 Vargas, 46 Cal. 4th at 37. See also Choice-In-Education League v. Los Angeles Unified Sch. Dist., 17 Cal. App. 4th 415, 429-30 (1993).21 Vargas, 46 Cal. 4th at 36-37.22 Vargas, 46 Cal. 4th at 24-25, 33.23 Vargas, 46 Cal. 4th at 25, 36, citing Stanson, 17 Cal. 3d at 221.24 Vargas, 46 Cal. 4th at 7, 30, 40.25 Vargas, 46 Cal. 4th at 34, 40 (compare with the tone of the newsletter described in footnote 20).26 Vargas, 46 Cal. 4th at 40. Dec. 2, 2025 Item #4 Page 47 of 53 4 BALLOT MEASURES AND PUBLIC AGENCIES 4.What are the consequences of stepping over the line dividing permissible from impermissible uses of public resources with respect to ballot measure activities? The stakes are high for those involved in misuses of public resources. Public officials face personal liability— criminal and civil—for stepping over the line. Improper use of public resources is a crime.27 Criminal penalties include a two- to four-year state prison term and permanent disqualification from public office.28 Civil penalties include a fine of up to $1,000 for each day the violation occurs, plus three times the value of the resource used.29 Other consequences may include having to reimburse the agency for the value of the resources used.30 Those charged with improper use of public resources may have to pay not only their own attorney’s fees, but also those of any individual who is challenging the use of resources.31 In addition, conflicting perspectives on whether there might be a “de minimus” defense makes relying on such a defense risky.32 This includes relying on the defense that one has reimbursed the value of using public resources improperly. Finally, engaging in such activities gives rise to reporting obligations for public agencies under the Political Reform Act.33 Failure to comply with these requirements subjects an agency to additional penalties.34 There is a political consequence as well. If the public and news media are talking about whether a public agency violated the law in spending public funds to campaign for or against a measure, they’re not talking about the merits of the measure. Keeping the focus on the ethics of the public agency instead of the merits of the measure often results in an outcome that is not helpful to the public agency. 5.Are there general strategies a public agency should employ to make sure that it doesn’t step over any lines? The first is to make sure that public agency employee and officials are aware of these restrictions and the significant consequences for violating them. Another strategy is to review the issues in this guide with agency counsel at the outset of any ballot measure- related activities to be clear on how they interpret the law in this area. In many areas, the law is not clear and an agency is well-advised to understand their attorney’s interpretations of what is allowed and what is risky. The next strategy is to have a practice of consulting with agency counsel on the application of these restrictions to specific issues that arise. Agency counsel should review all communications about ballot measures or other elections in advance. Also, an agency’s informational communications regarding a ballot measure should be funded out of the agency’s normal communications budget and be consistent with the style, tenor, and timing of typical communications. A special budget appropriation and unusual style of communication regarding a ballot measure could show that the agency’s intent is more than impartial communication. 27 See Cal. Penal Code §§ 72.5(b) (use of public funds to attend a political function to support or oppose a ballot measure); 424 (misappropriation of public funds); 484-87 (theft). See also People v. Battin, 77 Cal. App. 3d 635 (1978) (prosecution of county supervisor for engaging campaign activities during county business hours using county facilities), superseded on other grounds by People v. Conner, 34 Cal. 3d 141 (1983).28 Cal. Penal Code § 424.29 Cal. Gov’t Code § 8314(c)(1).30 Stanson, 17 Cal. 3d at 226-227 (finding that “public officials must use due care, i.e., reasonable diligence in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of due care”). See also Harvey v. County of Butte, 203 Cal. App. 3d 714, 719 (1988).31 See generally Tenwolde v. County of San Diego, 14 Cal. App. 4th 1083 (4th Dist. 1993), rev. denied.32 See People v. Battin, 77 Cal. App. 3d at 65 (1978) (Penal Code section 424’s “proscription is not limited to the misuse of public funds in a particular monetary amount. Rather it proscribes any misuse, no matter how small.” [emphasis in original]). See also People v. Bishop, A081989 (1st Dist. 2000) (this unpublished opinion follows People v. Battin and holds that reimbursement is not a defense). But see DiQuisto v. County of Santa Clara, 181 Cal. App. 4th 236 (2010) (majority found that sending an editorial against a ballot measure via email on one’s lunch hour constituted advocacy, but involved a minimal use of public resources—note dissenting opinion disagreeing with majority’s minimal-use-of-public-resources conclusion).33 Cal. Gov’t Code § 84203.5 (requiring independent expenditure reports by committees spending more than $500 each year in support or opposition to a ballot measure).34 See, for example, Cal. Gov’t Code §§ 83116, 91001(b), 91000(a), 91001.5, 91002, 91004, 91005, 91012. Dec. 2, 2025 Item #4 Page 48 of 53 5 BALLOT MEASURES AND PUBLIC AGENCIES Finally, documenting an agency’s respect for these restrictions is another important strategy. Attorneys refer to this as creating a record. Potential challengers to an agency’s activities will review the record and other materials (including emails, for example) to determine whether to file a lawsuit. A court will examine the record in deciding whether any missteps occurred. The agency will want to be able to point to documentation that demonstrates that all actions were well within the boundaries dividing lawful from unlawful conduct. Before a Measure is Put on the Ballot 1.If a public agency wants to draft a measure on the ballot, may public resources be used? Under both the California Elections Code and case law, local agencies may use public resources to draft a measure for the ballot.35 The theory is that, prior to and through the drafting stage of a proposed ballot measure, the activities do not involve attempting to either persuade the voters or otherwise influence the vote.36 2.What about other activities a local agency may wish to engage in prior to placing a measure on the ballot? Local agencies do not have specific guidance from a majority of the California Supreme Court on this issue, although there are general principles that can be applied. The Court seems to use a two-part analysis in evaluating public agency activities vis-à-vis ballot measures. One part goes to the issue of whether a particular public agency has the legal authority to spend public funds on ballot measure activities. The other is whether the use of that legal authority oversteps what the courts may perceive as constitutional restrictions on what may be done with public resources.37 When drafting and placing a measure on the ballot, the California Elections Code provides the legal authority for cities and counties.38 The remaining question is whether certain kinds of activities are appropriate as part of that effort? In a case involving a local transportation agency, a court of appeal found the agency had authority under state law to find additional sources of funding for transportation39 and the agency was following the prescribed steps for putting a measure before the voters (which included such activities as preparing a transportation plan).40 The court noted that the activities the agency engaged in occurred before the transportation expenditure plan was approved or the ordinance placing a measure on the ballot was finalized.41 35 Vargas v. City of Salinas, 46 Cal. 4th 1, 36 (2009); League of Women Voters of California. v. Countywide Criminal Justice Coordination Comm., 203 Cal. App. 3d 529 (1988); Santa Barbara County Coal. Against Auto. Subsidies v. Santa Barbara County Ass’n of Governments, 167 Cal. App. 4th 1229 (2008). See also Cal. Elect. Code §§ 9140 [county board of supervisors], 9222 [legislative body of municipality]; FPPC Advice Letter to Hicks, No. I-98-007 (02/20/98); FPPC Advice Letter to Roberts, No. A-98- 125(06/01/98).36 League of Women Voters, 203 Cal. App. 3d at 550 (“The audience at which these activities are directed is not the electorate per se, but only potentially interested private citizens; there is no attempt to persuade or influence any vote.”), citing Miller v. Miller 87 Cal. App. 3d 762, 768 (1978).37 See Vargas, 46 Cal. 4th at 29: As we have seen, in Stanson, supra, 17 Cal.3d 206, this court, after explaining that a “serious constitutional question . . . would be posed by an explicit legislative authorization of the use of public funds for partisan campaigning” (id. at p. 219, italics added), reaffirmed our earlier holding in Mines, supra, 201 Cal. 273, that the use of public funds for campaign activities or materials unquestionably is impermissible in the absence of “ ‘clear and unmistakable language’ ” authorizing such expenditures. (Stanson, at pp. 219-220.) Section 54964 does not clearly and unmistakably authorize local agencies to use public funds for campaign materials or activities so long as those materials or activities avoid using language that expressly advocates approval or rejection of a ballot measure. Instead, the provision prohibits the expenditure of public funds for communications that contain such express advocacy, even if such expenditures have been affirmatively authorized, clearly and unmistakably, by a local agency itself. Although section 54964, subdivision (c) creates an exception to the statutory prohibition for communications that satisfy the two conditions set forth in that subdivision, subdivision (c) (like the other provisions of section 54964) does not purport affirmatively.38 See Cal. Elect. Code §§ 9140 (authorizing boards of supervisors to place measures on the ballot); 9222 (authorizing city councils to place measures on the ballot).39 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1239-40, (The Local Transportation Authority and Improvement Act (Act), which the court described as “a comprehensive statutory scheme to ‘raise additional local revenues to provide highway capital improvements and maintenance and to meet local transportation needs in a timely manner’” citing Cal. Pub. Util. Code, § 180000-180003).40 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1234. (The agency had retained a private consultant to survey voter support for an extension of the sales tax. The consultant determined the arguments in favor of extension that were received most favorably by the voters polled, potential arguments in opposition, and the best strategy to maximize voter support. In addition, agency staff and committee members attended public meetings with civic groups during which staff presented information regarding the transportation expenditure plan, and the importance of extending an earlier sales tax to satisfying the county’s transportation needs).41 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1240. Dec. 2, 2025 Item #4 Page 49 of 53 6 BALLOT MEASURES AND PUBLIC AGENCIES The fact that the agency’s challenged activities occurred well before the measure was put on the ballot was enough for the court. In this regard, the court drew a distinction between activities involving the expenditure of public funds for governing and the expenditure of funds for election campaigning.42 The court in the transportation agency case relied heavily on the analysis of an earlier court of appeal decision. In that case, which involved a county, the court suggested that putting a measure on the ballot was okay, but other activities may be a closer call.43 The court concluded that: “On balance, we conclude the power to draft the proposed initiative necessarily implies the power to seek out a willing proponent. We do not perceive the activities of identifying and securing such a proponent for a draft initiative as entailing any degree of public advocacy or promotion, directed at the electorate, of the single viewpoint embodied in the measure.”44 The California Supreme Court agrees with this case to the extent that the case interpreted earlier Supreme Court decisions as allowing public agencies to express opinions on the merits of a proposed ballot measure, so long as agencies do not spend public funds to mount a campaign in favor of the measure.45 Generally summarized, it appears that public agencies may spend public funds to research potential provisions of a ballot measure, draft the measure itself, take the procedural steps necessary to get it on the ballot, have the governing body take a position on the measure, and inform voters about the provisions of the measure in a factual, impartial way. 3.Before we put a measure on the ballot, we want to evaluate its likelihood of success by engaging in various forms of public opinion research (for example, polling and focus groups) to understand how the community might feel about such a measure. May we use public resources for that kind of activity? Although no court has specifically addressed this, the Attorney General has said that public agencies may spend money for polling and research as long as those resources are not being used to promote a single view in an effort to influence the electorate. For example, the Attorney General has determined that, in preparation for submitting a bond measure to the electorate for approval, a community college district may use district funds to hire a consultant to conduct surveys and establish focus groups to assess the potential support and opposition to the measure, the public’s awareness of the district’s financial needs, and the overall feasibility of developing a bond measure that could win voter approval.46 The Attorney General based his analysis on a court of appeal case that allowed pre-qualification activities,47 noting that the audience for such activities is not the electorate.48 4.May this research be used by advocacy or opposition groups to inform their strategies? In the Attorney General opinion on the community college bond measure, the Attorney General noted that the fact that early focus group and polling information might prove to be of use in an ensuing campaign does not, in itself, necessitate the conclusion that public funds were expended improperly.49 The Attorney General did note that donating or providing this information to a political campaign may give rise to campaign reporting obligations under the Political Reform Act.50 Furthermore, the poll results and the polling consultant’s report on the research will undoubtedly be considered to be public records. 42 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1241.43 League of Women Voters, 203 Cal. App. 3d at 553 (“Whether CCJCC legitimately could direct the task force to identify and secure a willing sponsor is somewhat more problematical.”)44 League of Women Voters, 203 Cal. App. 3d at 554.45 Vargas, 46 Cal. 4th at 36.46 88 Ops. Cal. Att’y Gen. 46 (2005).47 League of Women Voters, 203 Cal. App. 3d at 552-54.48 88 Ops. Cal. Att’y Gen. at 49-50 (noting that “not every activity in connection with a bond measure will necessarily be proper if taken before the measure is placed on the ballot. Activities directed at swaying voters’ opinions are improper, even pre-filing.”) 49 88 Ops. Cal. Att’y Gen. at 50, citing League of Women Voters, 203 Cal. App. 3d at 554.50 88 Ops. Cal. Att’y Gen. at 50, citing Cal. Gov’t Code, § 81000 and following, 2 Cal. Code Regs. § 18215; Hoffman Advice Letter, No. A-00-074 (Cal. Fair Political Practices Comm’n March 28, 2000); Fair Political Practices Comm’n. v. Suitt, 90 Cal. App. 3d 125, 128-132 (1979). Dec. 2, 2025 Item #4 Page 50 of 53 7 BALLOT MEASURES AND PUBLIC AGENCIES NOTE ON PUBLIC RECORDS A factor to keep in mind is the degree to which the consultant’s research and communications about that research are likely to constitute a public record51 subject to disclosure upon request to anyone under California’s Public Records Act.52 5.May a public agency use public resources to hire a communications strategist (consultant) to advisethe agency on an effort to place a matter on the ballot? Some of the issues the consultant wouldadvise on include: •Interpreting and applying the public opinion research and advising on such issues as timing of the election; •What kind of balloting method to use; •Effective themes and messages to use in describing the measure to the community; •Areas where the public may need more information; •Communications planning; •Community outreach activities; •Informational direct mail program; •Creating an informational speakers bureau; and •Interpreting “tracking poll” data after an outreach program to re-assess community support for the measure. Some public agencies have ongoing and robust communications and engagement efforts with their communities as part of their philosophy of governance. In such communities, hiring help on community outreach activities and communications planning (or having such capacity in-house) is part of how the agency generally operates. Consistency with a public agency’s established practices is one of the factors the courts look for in assessing whether a particular use of public resources with respect to ballot measure communications is okay.53 The key distinction to keep in mind under the current state of appellate guidance is whether a given use of public resources relates to governing as opposed to election campaigning.54 Understanding community sentiment and needs and then developing measures to meet those needs can be part of an agency’s ongoing governance and communications practices. So can maintaining regular lines of communications between decision-makers and the community. However, if these activities are not typically part of the agency’s philosophy of governance and regular communications practices, then using public resources for these purposes can be riskier. For example, the Attorney General has concluded that it would be unlawful to use public agency funds to hire a consultant to develop and implement a strategy for building support for a ballot measure (both in terms of building coalitions and financial support for a campaign). The Attorney General said having the consultant assist the district chancellor in scheduling meetings with civic leaders and potential campaign contributors in order to gauge their support for the bond measure would be unlawful if the purpose or effect of such actions is to develop a campaign to promote approval of the bond measure by the electorate.55 51 See Cal. Gov’t Code § 6252(e) (“Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.”).52 See Cal. Gov’t Code § 6253 (a), (b) (“Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. . . Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.”).53 Vargas, 46 Cal. 4th at 40. See also Cal. Gov’t Code § 54964(a), (b)(3) (prohibiting local public agency expenditures for activities that expressly advocate the approval or rejection of a clearly identified ballot measure).54 See Santa Barbara County Coal. Against Auto. Subsidies, 167 Cal. App. 4th at 1241.55 88 Ops. Cal. Att’y Gen. at 52. Dec. 2, 2025 Item #4 Page 51 of 53 8 BALLOT MEASURES AND PUBLIC AGENCIES Under this opinion, the key test is whether the “purpose or effect” of a consultant’s activities is to develop a campaign to promote approval of the bond measure; if so, those activities should not be undertaken with public resources.56 The Attorney General said this means public resources should not be used to fund activities that will form the basis for an eventual campaign to obtain approval of a measure.57 It also means that the safest thing to do is to avoid using public resources for activities that may have the effect of influencing the voters (for example, “developing themes or messages”). A recent FPPC enforcement action levied a substantial fine against a county for communications about a ballot measure that were funded by a special appropriation made after the measure qualified, and that were not consistent with the county’s normal communications. If the agency does hire communications consultants, the agency and the consultants should be aware of the transparency requirements that apply to public entity endeavors. This includes the fact that the scope of work in the consultant’s contract, the consultant’s work product, emails and other writings relating to their work that are in the possession of and regularly retained by the agency will be subject to public disclosure should there be an inquiry.58 6. Are there any concerns if the communications strategist ultimately becomes either one of the consultants or the sole consultant to the campaign? No court decision or Attorney General opinion addresses this specific issue. Having consultants involved in pre- qualification activities (which are not supposed to involve actions designed to develop a campaign to promote approval of a measure) and then become involved in campaign activities may create a greater risk that a court may conclude the pre-qualification activities were truly designed to support a campaign to promote approval of a measure. It also increases the possibility that the pre-qualification expenses will be reportable as in-kind support for the campaign. 7. May public resources be used to fund signature gathering to qualify a measure for the ballot? The Attorney General says “no.”59 The Attorney General reasoned that such activities cross the line to promoting a single point of view and influence the electorate, which cannot occur unless there is clear and explicit authorization for such activities.60 56 88 Ops. Cal. Att’y Gen. at 52.57 88 Ops. Cal. Att’y Gen. at 52, citing League of Women Voters, 203 Cal. App. 3d at 558 (expenditures made in anticipation of supporting a measure once it is on the ballot come within reporting requirements of Political Reform Act of 1974); In re Fontana (1976) 2 FPPC Ops. 25 (expenditures made in support of proposal become reportable after proposal becomes a ballot measure).58 See Cal. Gov’t Code § 6250 and following (California Public Records Act). The breadth of what records are subject to disclosure was recently reviewed by the California Sixth District Appellate Court, which vacated a superior court ruling holding that emails sent and received on officials’ personal (non-agency) email accounts are subject to disclosure, see City of San Jose v. Superior Court of Santa Clara, --- Cal.Rptr.3d ---, 2014 WL 1515001 (Cal.App. 6 Dist., 2014).59 73 Ops. Cal. Att’y Gen. 255 (1990).60 See 73 Ops. Cal. Att’y Gen. at 266 (finding no distinction between an initiative or referendum or whether the measure was a state or local one). Dec. 2, 2025 Item #4 Page 52 of 53 9 BALLOT MEASURES AND PUBLIC AGENCIES About the Institute for Local Government The Institute for Local Government (ILG) is a nonprofit organization that has served and supported California’s local government leaders for over 65 years. We are committed to empowering and educating public servants by delivering real-world expertise that helps them navigate complex issues, increase their capacity, and build trust in their communities. Together, we work hand-in-hand with local agency staff and elected officials to build a strong foundation of good government at the local level, centered on trust, accountability, responsiveness, and transparency. © 2022 Institute for Local Government. All rights reserved. Thank You to Our Partners The Institute for Local Government would like to thank the following partners for their support and contributions to this publication: Best Best & Krieger, LLP Burke Williams & Sorensen, LLP Colantuono, Highsmith & Whatley Hanson Bridgett Kronick Moskovitz Tiedemann & Girard Liebert Cassidy Whitmore Renne Public Law Group Richards Watson & Gershon Dec. 2, 2025 Item #4 Page 53 of 53 Liana Somepaiii All Receive - Agenda Item # q_ For the Information of the: —r-wreerttilrtL— 46 • Date 12,111,74ICA 1---CC 4.'...." CM VACM _ ‘..".ifiCM (3) '- From: City Clerk Sent: Saturday, November 29, 2025 1:02 PM To: Liana Somepalli; Robin Nuschy Cc: Jason Haber Subject: FW: ELUA public comment on 12/2/2025 LS Item #4 Attachments: 2025-12-02 LS Item 4 ELUA public comment.pdf FYI - Attached and below is correspondence for the 12/2 Special Meeting of the Legislative Subcommittee. Original Message From: Steve Linke <splinke@gmail.com> Sent: Wednesday, November 26, 2025 2:52 PM To: Jason Haber <jason.haber@carlsbadca.gov>; City Clerk <clerk@carlsbadca.gov> Cc: Teresa Acosta <teresa.acosta@carlsbadca.gov>; Melanie Burkholder <melanie.burkholder@carlsbadca.gov> Subject: ELUA public comment on 12/2/2025 LS Item #4 Legislative Subcommittee/Staff: Please include the attached public comment letter from Equitable Land Use Alliance in the public record on Item #4 for the 12/2/2025 Legislative Subcommittee meeting. There is no need to include this cover email. Best regards, Steve Linke Equitable Land Use Alliance CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Equitable Land Use Alliance 300 Carlsbad Village Dr, PMB 108A-79 Carlsbad, CA 92008 November 26, 2025 Re: 12/2/2025 Item #4: Equitable Land Use Alliance Proposed Amendments to Draft City of Carlsbad 2026 Legislative Platform Legislative Subcommittee: Equitable Land Use Alliance (ELUA) appreciates the Legislative Subcommittee's and City Council's willingness to include some of our previously proposed provisions in the City of Carlsbad's legislative priorities and platforms. ELUA also appreciates staff's perspectives and this second opportunity to propose amendments to the current update to the legislative platform. Below are some clarifications to ELUA's proposed amendments to convey the rationale and intent. ELUA Proposed Amendment 1 5(c): Support an amendment to the California Constitution and other measures that authorize local land use planning and zoning law to override conflicting state law. In its current form, 5(c) already generically supports legislative measures that would restore local land use planning and zoning control. This proposed amendment simply adds the underlined phrase specifying that the support extends to a potential amendment to the California constitution. The City Council's June 17, 2025 2-3 decision to not endorse the constitutional amendment proposed by Our Neighborhood Voices was specific to that amendment. This proposed amendment to the legislative platform does not endorse any specific bill or initiative, and there is no commitment to spend any public resources for campaigning on any specific ballot measures. The amendment would just establish general support for both processes—bills and constitutional amendments—to restore local control. The legislative erosion of local control was at an all-time high in 2025 and will likely continue or accelerate in 2026. The report from California Public Policy Group in Item #2 on this same agenda includes the following sobering statement: Continuing a trend of recent years, the 2025 legislative session saw the introduction of hundreds of housing-related measures, exceeding the volume introduced in prior years. In an unprecedented move, about 300 pages of statutory changes were enacted through the 2025-26 state budget. The pace of housing legislation is expected to remain intense in 2026. Anticipated trends include proposals to increase densities and building heights around transit corridors, expand zoning reforms to promote infill development, and impose new or expanded planning and reporting requirements. Lawmakers are also likely to pursue further changes to accessory dwelling unit and duplex laws, as well as adjustments to the Davis-Stirling Act aimed at limiting common-interest development restrictions. It takes a great deal of energy and resources to study, take positions on, and lobby for changes to the hundreds of individual housing bills that inevitably will be introduced going forward. A single constitutional amendment that restores local control could render most of this moot. ELUA Proposed Amendment 2 5(y) Support legislation that allows for local decision-making regarding parking requirements, including legislation that ensures local jurisdictions can prevent the residents, quests, employees, and customers of residential and mixed-use projects that exploit state parking requirement laws to reduce parking requirements from using off-site parking. Multiple projects in Carlsbad have been approved recently with less parking than required by city standards. For example, "Blvd Beach Commercial" exploited Assembly Bill 2097 (Government Code Section 65863.2) that limits the city's ability to impose minimum parking requirements within one-half mile of the Carlsbad Village Station. "The Roosevelt" mixed-use project exploited that same law and went further to demand a "concession" under Density Bonus Law to completely eliminate any parking requirement for the commercial portion, with the claim that the affordable residential units would not be financially feasible without the concession. Other projects that are demanding reduced parking requirements are currently in the development review pipeline, as well. The legislature's rationale for reduced parking is that the new users of these projects (residents, guests, employees, and/or customers) will use transit, thus reducing the need for personal vehicle ownership and associated vehicle miles traveled (VMT). Unfortunately, other jurisdictions have suffered the consequence that these new users Equitable Land Use Alliance 2 still own and use vehicles at high levels—and park them on surface streets and lots in the surrounding neighborhoods—resulting in parking problems for pre-existing residents/users. Some of these communities are creating "neighborhood parking permit programs" to help address the problem (pre-existing users can obtain parking permits for a modest price, while new users are not eligible). Staff's proposed alternative language helps reinforce the desire to restore local control to impose minimum parking requirements on the new projects, which ELUA supports. However, it seems unlikely that the legislature will reverse their previous decisions to exempt projects in proximity to transit from parking requirements. EWA's proposed language supports a complementary approach that would help ensure that the city can enforce the legislature's vision of reduced vehicle ownership near transit by prohibiting the new users from using pre-existing parking. It is ELUA's understanding that the City of Carlsbad has not established any neighborhood parking permit programs to date due to alleged lack of need. However, as parking becomes more and more scarce—particularly in the Village area—this is an available future tool. Accordingly, ELUA encourages the city to begin conditioning any new projects that exploit laws that reduce parking requirements to be ineligible for potential future parking programs, including informing all prospective owners, renters, and tenants that they will not have access to parking and will be expected to use transit. Perhaps this is possible now without changes to state law. ELUA Proposed Amendment 3 5(z) Support legislation that revises the methodology for measuring the distance to a major transit stop, -used-46,--deteFrniffe-parking-exemptieweligilaility; to reflect the actual walkable distance between the transit stop and the project entrance along established pedestrian routes. In many cases, state laws (particularly housing laws) measure distance to transit by drawing a straight line between the nearest points of the lots for both the project and the transit stop. This ignores the fact that the actual project residences and the boarding areas of the transit may be quite distant from those nearest points. It also ignores the fact that people cannot fly in a straight line between those points--they have to navigate on streets, sometimes around canyons. Other state laws more reasonably measure actual walking distance to transit. The current platform language was previously submitted by ELUA with the intent of making "walking distance" the standard distance measurement method, This proposed Equitable Land Use Alliance 3 amendment removes the phrase regarding parking eligibility—broadening the distance measurement methodology to any purpose. Staff supports this change. ELUA Proposed Amendment 4 Support measures/legislation that revises the definition of "major transit stop" to require more frequent and comprehensive local service to key destinations. Developments in proximity (e.g., within one-half mile) of so-called "major transit stops" enable numerous exemptions, waivers, and concessions from local standards. Under state law, train stations are considered "major transit stops." Thus, it is probably not a coincidence that the vast majority of recently-approved and under-review projects in Carlsbad have been within one-half mile of the Carlsbad Village Station. However, just because trains stop there does not make it usable as transit for most people. The trains have limited stops along the coast, and the buses are low-frequency, do not run all day, and are not connected to a transit network that can get people to key destinations in reasonable amounts of time. This proposed new platform item would express support for legislation that more stringently defines "major transit stop:' ELUA Proposed Amendment 5 Support measures/legislation that places the burden of proof on the developer to show the need for concessions or waivers for the viability of affordable units. In the past, when developers requested waivers of city development standards and other concession, the burden of proof to show need was on the developer. Under more recent housing laws, though, it seems that all they need to do is simply state that their affordable units would not be financially feasible without the concessions, incentives, and waivers, which are nearly limitless, without any further proof. Numerous recent projects in Carlsbad have included waivers for maximum building height, maximum building mass, and minimum setbacks to neighboring lots and streets, as well as avoidance of utility upgrades and others. Staff has provided and supports an enhanced version of the language, which ELUA supports. Equitable Land Use Alliance 4 ELUA Proposed Amendment 6 Support measures/legislation that require mitigation for vehicle miles traveled (VMT) by developments in zones that have been established by local jurisdictions through traffic modeling to have a significant environmental impact, regardless of proximity to transit. Pursuant to 2013 Senate Bill 743, the City of Carlsbad replaced the congestion-based CEQA level of service (LOS) traffic standard with a VMT standard. The city has spent hundreds of thousands of dollars to establish VMT analysis guidelines and VMT maps through traffic modeling that split the city up into 183 so-called Traffic Analysis Zones— with average VMT levels unique to each zone. The VMT-based environmental standard has been virtually worthless in Carlsbad, and likely elsewhere, because the vast majority of projects have cited exemptions or screen- outs from having to do VMT analysis. And the few projects that have conducted VMT analyses have cherry-picked a variety of different custom methods that minimize alleged project VMT and/or have proposed woefully insufficient mitigation (e.g., installing a bicycle rack). New state laws help developers further avoid VMT analysis and the associated mitigation requirements in multiple ways, including assumptions of no impacts of in-fill development or proximity to transit. However, the above-described VMT traffic modeling often shows that the Traffic Analysis Zone in which the project will be built has an elevated VMT level that should require mitigation, regardless of its proximity to transit or in-fill designation. As an example, the Residential VMT map below shows the northwestern portion of Carlsbad. The yellow rectangle approximates the Carlsbad Village Station, and the yellow circle approximates a one-half mile radius around the station. The regions within the map are the VMT Traffic Analysis Zones. While the dark brown zones have a less than significant VMT impact under CEOA, the lighter zones have significant environmental impacts (85%+ the city average)—even though several of them are in proximity to the train station. Equitable Land Use Alliance 5 M Vehicle Miles Traveied (VMT) ei City Res.dentiai Legislation consistent with ELUA's proposed amendment would require VMT mitigation in the appropriate areas that have higher VMT, rather than allowing the projects to avoid mitigation simply based on the fallacy that their proximity to transit or in-fill character automatically makes them low-VMT. ELUA Proposed Amendment 7 Support measures/legislation that exempt areas in High and Very High Fire Hazard Severity Zones from state housing laws that could adversely affect emergency responses to or evacuation from wildfires. State laws force the city to allow increases in residential density, including areas designated as High and Very High Fire Hazard Severity Zones. In parallel, other state laws decrease the ability of the city to collect impact fees to fund emergency response and evacuation route enhancements. Many areas do not have the infrastructure to accommodate the increased density, creating safety hazards. Legislation consistent with ELUA's proposed amendment would restore local control in the hazard severity zones to prevent densities that would create safety hazards or enable expansion of infrastructure to accommodate the higher density. Equitable Land Use Alliance 6 Sincerely, Steve Linke On behalf of the ELUA Board of Directors: Steve Linke Kris Wright Diane Bedrosian Martin Danner The Equitable Land Use Alliance is a nonpartisan nonprofit group based in Carlsbad, CA. We are dedicated to educating, engaging, and empowering residents to take part in housing policy decisions. Our mission is to support community self-determination and encourage thoughtful, sustainable development. Equitable Land Use Alliance 7 1 ELUA Proposed Amendment 1 Housing, Community and Economic Development > Planning and Zoning –(c) Support an amendment to the California Constitution and all other measures that authorize local land use planning and zoning law to override conflicting state law. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 2 Staff Response •Does not align with the City Council’s June 17, 2025, decision not to support a statewide ballot initiative that seeks to amend the State Constitution to ensure that local land use planning and zoning law cannot be overridden by state laws. •The city is prohibited from spending public resources campaigning for ballot measures. •The city may take a position on a particular ballot measure after discussing it at a public meeting at which all perspectives have an opportunity to be shared. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 3 ELUA Proposed Amendment 2 Housing, Community and Economic Development > Planning and Zoning –(y) Support legislation that allows for local decision- making regarding parking requirements, including legislation that ensures local jurisdictions can prevent the residents, guests, employees, and customers of residential and mixed-use projects that exploit state parking requirement laws to reduce parking requirements from using off-site parking. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 4 Staff Response •Existing language is broadly written in support of local control over parking requirements •Should the subcommittee decide to further specify the intent, staff recommends consideration of the following proposed alternate language: –(y) Support legislation that allows for local decision-making regarding parking requirements, including legislation that allows local jurisdictions to impose on-site parking standards necessary to accommodate new development and growth in order to reduce reliance on off-site parking. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 5 Staff Response (continued) •The City Council approved funding to initiate a comprehensive parking study that will assess the impacts of recent state legislation and recommend short-term and long-term strategies to address those impacts and effectively plan for parking. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 6 ELUA Proposed Amendment 3 Housing, Community and Economic Development > Housing –(z) Support legislation that revises the methodology for measuring the distance to a major transit stop, used to determine parking exemption eligibility, to reflect the actual walkable distance between the transit stop and the project entrance along established pedestrian routes. Staff Response: •Support ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 7 ELUA Proposed Amendment 4 Housing, Community and Economic Development > Planning and Zoning •Support measures/legislation that revises the definition of “major transit stop” to require more frequent and comprehensive local service to key destinations. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 8 Staff Response •ELUA raises a valid point regarding the limited transit service at the Village Station. •Revising the definition of a “major transit stop” is likely infeasible given the conflict with statewide housing and Transit Oriented Development policies. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 9 ELUA Proposed Amendment 5 Housing, Community and Economic Development > Planning and Zoning –Support measures/legislation that places the burden of proof on the developer to show the need for concessions or waivers for the viability of affordable units. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 10 Staff Response Should the subcommittee decide to support the proposed amendment, staff recommends consideration of the following proposed alternate language: –Support legislation that requires applicants utilizing concessions, incentives and waivers under density bonus law to provide compelling evidence documenting that the requested deviation from established development standards is necessary for the viability of affordable units. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 11 ELUA Proposed Amendment 6 Housing/CEQA/Transportation (cross-over) •Support measures/legislation that requires mitigation for vehicle miles traveled (VMT) by developments in zones that have been established by local jurisdictions through traffic modeling to have a significant environmental impact, regardless of proximity to transit. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 12 Staff Response •The proposed amendment appears to conflict with the intent of SB 743 – which focused the evaluation of transportation impacts on metrics that support the reduction of greenhouse gas emissions ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 13 ELUA Proposed Amendment 7 Housing/Fire/Transportation (cross-over) –Support measures/legislation that exempt areas in High and Very High Fire Hazard Severity Zones from state housing laws that could adversely affect emergency responses to or evacuation from wildfires. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 14 Staff Response •Staff recommends supporting legislation to give more control to local agencies to make land use decisions based on a city’s wildfire risk and ability to respond to large-scale fires. •Adding density while reducing setback distances runs counter to the state’s priority of reducing structural ignitions from wildfire. •Structure-to-structure ignition is the biggest risk in a developed urban area and staff recommends supporting legislation that would protect structures from fire. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments 15 Staff Response •Existing platform statements provide broad basis for advocacy: •Public Safety > Fire Services –(a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. –(b) Support legislation that increases the ability of local agencies to conduct fire hazard mitigation on protected habitat areas. ITEM 4:ELUA Proposed 2026 Legislative Platform Amendments Item #4: ELUA Proposed Amendments to 2026 Legislative Platform Legislative Subcommittee 12/2/2025 Steve Linke, Equitable Land Use Alliance 1 CPPG 2025 End of Year Report •[T]he 2025 legislative session saw the introduction of hundreds of housing-related measures, exceeding the volume introduced in prior years…The pace of housing legislation is expected to remain intense in 2026. 2 1. Constitutional amendment approach •Planning and Zoning (c) –Support an amendment to the California Constitution and other measures that authorize local land use planning and zoning law to override conflicting state law. 3 Constitutional positions in other platform statements •Governance and Ethics (a): Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and diminish local autonomy or home rule authority. •Planning and Zoning (f): Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. 4 Transit-oriented development bills •Within one-half mile of “major transit stops” –Minimum parking requirements eliminated –Very difficult to require street/sidewalk widening –Reduced ability to collect mitigation fees –Continue relaxing definition of “major transit stop” 5 2. Insufficient parking •Planning and Zoning (y) –Support legislation that allows for local decision-making regarding parking requirements, including legislation that ensures local jurisdictions can prevent the residents, guests, employees, and customers of residential and mixed-use projects that exploit state parking requirement laws to reduce parking requirements from using off-site parking. 6 7 The Roosevelt (2621 Roosevelt Street) 8 Blvd Beach Commercial (2700 Carlsbad Boulevard) 9 3. Measuring distances from “major transit stops” •5(z) Support legislation that revises the methodology for measuring the distance to a major transit stop, used to determine parking exemption eligibility, to reflect the actual walkable distance between the transit stop and the project entrance along established pedestrian routes. 10 11 Carlsbad Village Train Station Carlsbad Village Mixed Use 4. Re-define “major transit stop” •Support measures/legislation that revises the definition of “major transit stop” to require more frequent and comprehensive local service to key destinations. 12 5. Burden of proof on deviations from standards shifted back to developers •Staff version: Support legislation that requires applicants utilizing concessions, incentives and waivers under density bonus law to provide compelling evidence documenting that the requested deviation from established development standards is necessary for the viability of affordable units. 13 Examples of concessions and waivers •Building heights and massing increased •Setbacks to neighboring lots and streets reduced •Deeper excavation into hillsides and higher retaining walls •Reduced ability to require sidewalk/street widening •Minimum parking and sizes unenforceable •Reduced open and community recreation space •Reduced ability to require utility improvements 6. Restore VMT analysis requirement •Support measures/legislation that requires mitigation for vehicle miles traveled (VMT) by developments in zones that have been established by local jurisdictions through traffic modeling to have a significant environmental impact, regardless of proximity to transit. 15 16 17 Carlsbad Village Train Station 18 Poinsettia Train Station 7. Local control over fire hazard zones •Support measures/legislation that exempt areas in High and Very High Fire Hazard Severity Zones from state housing laws that could adversely affect emergency responses to or evacuation from wildfires. 19 20