TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consideration of a Resolution Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues (City Manager Moe).
(Estimated Time: 10 Min.)
ADOPT RESOLUTION NO. 24-0039
Body
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RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 24-0039 expressing support for actions to further strengthen local democracy, authority, and control as related to local zoning and housing issues.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
The Manhattan Beach City Council periodically reviews bills, initiatives, or legislation pending in other governmental agencies. The purpose of this is to outline the position of the City Council on priority issues and matters that impact the City’s ability to operate effectively, promote City interests and protect local authority.
From time to time, staff identifies legislation that the City Council may want to indicate their position and join other cities that oppose or support certain pieces of legislation. All legislation the City Council has taken positions on is summarized on the City’s website here: <https://www.manhattanbeach.gov/government/city-council/legislative-positions>.
Additionally, it should be noted that at the March 5, 2024 meeting, City Council adopted Resolution No. 24-0019 approving the 2024 Legislative Platform recommended by the Legislative Ad Hoc Subcommittee (consisting of Mayor Pro Tem Howorth and Councilmember Lesser).
The Legislative Platform sets forth the City’s legislative objectives for the 2024 calendar year and provides direction for legislative action and must be approved on an annual basis. The Platform contains broad policy statements pertaining to a variety of issues that impact the City of Manhattan Beach with a focus on local control.
City Council has taken an interest in taking positions on legislation that addresses land use, zoning, and housing issues. As such, at the June 1, 2021, meeting, City Council adopted Resolution No. 21-0046 to express support for local control and authority as it relates to land use, zoning, and housing issues such as the proposed Brand-Huang-Menodza Tripartisan Land Use Initiative. Thereafter, staff has sent letters opposing Assembly Bill 2011, Senate Bill 9, and Assembly Bill 215, which are now California law and limit local control on land use, zoning, and housing issues.
DISCUSSION:
When considering land-use regulations at the State level, it is important to examine the role that local governments play in the decision-making process. Certain locally-reserved powers are derived from the California Constitution relating to the authority to regulate behavior to preserve the health, safety, and welfare of the public, including land-use authority. Specifically, the police power clause states that cities and counties are to “make and enforce within its limits, all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” (Cal. Const., art XI, § 7). Land-use and zoning laws are intended to be under the jurisdictional purview of cities and counties, and historically have been treated as such.
At the July 25, 2023, meeting, the Hermosa Beach City Council adopted a Resolution expressing support for actions to further strengthen local democracy, authority, and control as related to local zoning and housing issues. At the suggestion of a City Councilmember, staff has agendized a discussion and drafted a resolution for City Council’s consideration.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 24-0039 expressing support for actions to further strengthen local democracy, authority, and control as related to local zoning and housing issues.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Resolution No. 24-0039