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Home My WebLink About1984-08-21; City Council; 7861; Request Support Constitutional Amendment Limiting Usurpation Local Control by the State~ C\I I' I' • ~ • Ul &! 'ti Q) .µ Pl 0 rg ·' r-1 , •rl u s:: ::, 0 u 0 ~ 0 a:: a.. a.. < .. z 0 ~ ..I 6 z ::, 0 (.) rlUff ., Y \0 • MTG. 8/21/84 DEPT. CM -cir, JF CARLSBAD -AGENDA JILL I TiTi.E: REQUEST TO SUPPORT CONSTITUTIONAL AMENDMENT LIMITING USURPATION OF LOCAL CONTROL BY THE STATE RECOMMENDED ACTION: DEPT. H0._---=- CITYAm® CITYMGR.~ Review request and take action Council deems appropria~e. ITEM EXPLANATION: The City of Poway has adopted a resolution urging the League of California Cities to sponsor a constitutional amendment that would lir,1it state usurpation of local control. Cities in San Luis Obispo County have adopted similar resolutions. The City of Poway is asking the Carlsbad City Council to consider adopting a similar resolution. EXRIBITS: 1. Letter from Bob Emery, Deputy Mayor of Poway dated 8/8/84 l?i,s .• ,., :l.~ . )._ll C. l (_~ ~ o ·• 7 7 2-lj ""°"r c{w_rc ~I r.,_,, [1 l_{,;_t 2 I' BRUCE TARZY, Mayor BOI\ EMERY, Deputy Mayor CARL KRUSE, Councilmembcr LINDA ORAVEC, Councilmembcr MARY SHEPARDSON, Councilmembcr August 8, 1984 M.3.yor Mary Casler 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Casler: CrT-Y uF Pow A Y At the July Mayors and Council.manbers forum in Monterey, I became aware of an effort by the cities of san Luis Obespo County to sponsor a resolution before the League in September. The purpose of the resolution is to call for a constitutional amendment limiting the usurpation of local discretion .in the areas of land use, subdivision, annexation, etc. by the State. Attached find a sairple resolution of support for the San Luis Obespo position that I think you may wieh to ask ycur city to consider. With the recent discussions am::,ng the city managers in our county regarding LARX> and various problens regarding the Coastal camdssion, this form of action appears timely. If your city should choose to adopt a resolution along these lines, they should be forwarc1ed to: l-layor Melanie Billig Cit.y of San Luis Obespo P.O. Box 3n San LUis Obespo, CA 93406-0321 If you should have any questions regarding this matter, please do not hesitate to call. Attaclrnent City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 785, Poway, California 92064 • (619) 748-6600, (619) 695-1400 RESOLUTION ID. 84-072 A RESOLOrION OF '!HE CI'IY OF PC!il'AY IN SUPPORT OF THE CITIES OF SAN LUIS OBISPO O)UN'IY URGING '!HE LEAGUE OF CALIFORNIA CITIES 'IO DEVEOOP AND SPONSOR A CALIFORNIA CONSTI'IUl'IONAL INITIATIVE RES'IDRING AND GUARANTEEING UX!AL CONTROL OF ALL FINAL IAND USE, SUBDIVISION, AND ANNEXATION APPROVAIS EUR PRIVATELY OONED PROPERTY WHEREAS, a traditlonal and fundamental ''municipal affair" of all local government is "local control 11 of all final land use, subdivision, and annexation approvals for privately owned real property; and WHERFAS, the California Legislature and state agencies have becane nore and m:,re involved in usurping local control of all such matters including, without limitation: 1. Special state land use bills for developers lobbying at the state level; 2. Annexation statutes intended to give final ann•~tion decisions to officials outside the local agency; 3. The establishment of various housing rrandatE::$ which Ca) require local agencies to respond to nebulous area-wi<:h: housing needs; and Cb) interfere with local governmental atterrpts tc.. provide safe, quiet, pleasant, and econanically sound residentiai. areas for its citizens; 4. Requiring multiple-family occupancies in single-family neighborhoods; s. Enacting extensive condaninium conversion regulations, 1rost of which are unrelated to any valid state purpose or concern; 6. California Environmental Quality Act (CEQA), Ilx::al Coastal Plan (ICP), and similar state regulations, ad infinitum, which far exceed any valid state purpose or concern; and WHEREAS, California state courts have long claimed the sole power to determine those mtters which are Imlilicipal affalrs free fran interference by the state, but said courts have recently tended 1rore and m:,re to uphold the "preemption" power of the state and its agencies to interfere with and negate local control of such natters; and WHEREAS, we believe that the proper role of the state in such mtters is to pranulgate unifonn statewide procedures and guidelines so that owners of private property subject to regulation of local agencies will be assured of due process and equal treatment, but that the substantive provi- sions and the final decisions of approval for all such mtters would be retained exclusively by the local agency in which the real property will be situated after the final decision; and mERFAS, the aforesaid state preenption and interference in such local matters is destroying the ability of local governrrent to effectively assert local control in responding to the needs and desires of its citizens for a safe, qui.et, attractive, and pleasant camnmity in which to live and provide for their families, and it is long past t:;.rce for local elected. officials to stop acquiescing and to boldly reassert the local agency's role as the first bastion of derrocracy; and WHERFAS, the political realities are such that it 'WOuld obviously be a further waste of time, rroney, and resources for local agencies to seek assistance frc:m the Legislature or the courts to correct this situation, and the only practical and effective long-term ~olution is through a California constitutional amendrrent which returns the final approval authority on all land use, subdivision, and annexation matters to the control of local agencies ~lS a local legislative act and municipal affair; N:>W, THEREFORE, BE IT RESOLVED by the City of P<:May as follows: 1. That the League of California Cities develop and sponsor a California constitutional initiative restoring and guaranteeing the authority for final approval of all land use, subdivision, and annexation of territory matters for privately owned real property to the local agency in which the property will be situated sub- sequent to such approval as :rmmicipal affairs and local legislative acts~ and 2. That the proper function of the state, including state courts and all state agencies, shall be merely to prc:mulgate uniform sta- tewide procedures and guidelines for local agencies c.:onsidering annexation, land use and subdivisions matters: provide that no such procedure or guidel.ine, nor any other state action or i;x:>licy, real or imagined, shall ever be interpreted or applied either to require local agency approval of any such matter, or to authorize or permit the state to delegate the final approval "{T,Jiler in such matters. PASSED, AOOPTED AND APPROVED r by the City Council of the City of Poway, California, at a regular ~ting thereof this 7th day of August, 1984. ATI'EST: Marjorie K. Wahlsten, City Clerk I hereby cr..,1:ify that the above and foregoing is a full and true copy of Resolution Mo. "A'-t--D1"l- o1 the Resolutions of the City of Poway, C~llforni.:i, as adopted by the Uity Council of s:iid City on the 11f'I-day of Ao) u si , I~ b'i 11 , -I( ~v~~ City Cle k of the City of Poway I . . . l 2 :; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -' l I RESOLUTION NO. 7724 A RESOLUTION OF THE CITY OF CARLSBAD IN SUPPORT OF THE CITIES OF SAN LUIS OBISPO COUNTY URGING THE LEAGUE OF CALIFORNIA CITIES TO DEVELOP AND SPONSOR A CALIFORNIA CONSTITUTIONAL INifIATIVE RESTORING ftJ'4D GUARANTEEING LOCAL CONTROL OF ALL FINAL LAND USE, SUBDIVISION, AND ftJ'4t-CXATION APPROVAL FOR PRIVATELY OWNED PROPERTY WHEREAS, a traditional and fundamental "munici;,al affair" of all local government is "local control" of all final land use, subdivision, and annexation approvals for privately owned real property. WHEREAS, the California Legislature and state agenices have become more aric more involved in usurping local control of all such matters including, without limitation: 1. Special state land use bills for developers lobbying at the state level; 2. Annexation statutes intended to give final annexation decisions to officials outside the local agency; 3. The establishment of various housing mandates which ( a) require local agencies to respond to nebulous area-wide housing needs; and (b) interfere with local governmantal attempts to provide safe, quiet, pleasant, and economically sound residential areas for its citizens; 4. Requiring multiple-family occupancies in single-family neighborhoods; 5. Enacting extensive condominium conversion regulations, most of which are unrelated to any valid state purpose or concern; 6. California Environmental Quality Act (CEQA), Local Coastal Plan (LCP), and similar state regulations, ad infinitum, which far exceed any valid state purpose or conern; and l WHEREAS, California state courts have long claimed the sole power to 2 determine those matters which are municipal affairs free from interference by 3 the state, but said courts have recently tended more and more to uphold the 4 "preemption" power of the state and its agencies to interfere with and negate 5 local control of such matters; and 6 WHEREAS, we believe that the proper role of the state in such matters is~~ 7 promulgate uniform statewide procedures and guidelines so that owners of private 8 property subject to regulation of local agenices will be assured of due process 9 and equal treatment, but that the substantive prov is ions and the final decisions 10 of approval for all such matters would be retained exclusively by the local 11 agency in which the real property will oe situated after the final decision; 12 -and 13 WHEREAS, the aforesaid state preemption and interference in such local 14 matters is destroying the ability of local government to effectively assert 15 local control in responding to the needs and desires of its citizens for a safe, 16 quiet, attractive, and pleasant community in which to live and provide for their 17 families, and it is long past time for local elected officials to stop IS acquiescing and to boldly reassert the local agency's role as the first bastion 19 of democracy; and 20 WHEREAS, the political realities are such that it would obviously be a 21 further waste of time, money, and resou::ces for local agencies to seek 22 assistance from the Legislature or the courts to correct this situation, and the 23 only pt•actical and effective long-term solution is through a California 24 constitutional amendment which returns the final approval author! ty on all land 25 use, subdivision, and annexation matters to the control of local agencies as a 26 local legislative act and municipal affair; 27 /II 28 I I I . • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE Ii RESOVLED by the City of Carlsbad as follows: 1. That the League of California Cities develop, and sponsor a California constitutional initiative restoring and guaranteeing the authority for final approval of all land use, subdivision, and annexation of territory matters for privately owned real property to the local agency in which the property will be situated subsequent to such approval as municipal affairs and local legislative acts; and 2. That the proper function of the state, including state courts and all state agencies, shall be merely to promulgate uniform statewide procedures and guidelines for local agencies considering annexation, land use and subdivision matters; provide that no such procedures or guideline, nor any other state action or policy, real or imagined, shall ever be interpreted or applied either to require local agency approval of any such matter, or to authorize or permit the state to delegate the final approval power in such matters. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Carlsbad, California, at a regular meeting thereof this 21st 1984. day of August AYES: Council M:!nbers casler, lewis, Kulchin and Prescott NOES: None ABSENT: Council Member Chick ATTEST: (SEAL)