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Letters Submitted
May 3, 2024
To: Berkeley Neighborhoods Council
The news that SB-9 has been declared unconstitutional by a Superior Court in Los Angeles begs the question of what BNC should do about it in Berkeley.
The current Berkeley government has shown strong support for SB-9 and may attempt to make it a local ordinance.
The Berkeley Planning staff and present City Council members will no longer be able to use SB-9 to put down community resistance to unreasonable development in their neighborhoods.
What should we do? Should we start a movement to have our Zoning Ordinance restored with revisions? If so, how do we do it?
The initiative process may be the only way to make meaningful change.
Should BNC put together a committee to work on an initiative?
Dean Metzger
Newsletters
Document
eNews Issue 28, January-February 2020 (2).docx
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Miscellaneous
A Win for Democracy and Truth:
Court Declares Senate Bill 9 Unconstitutional For Charter Cities
Now the questions are:
If this ruling is appealed by the State, will the City Councils and City Attorneys of other Charter cities join the law suit to defend their cities’ charter?
Can this ruling be extended to General Law cities?
Aleshire & Wynder, LLP Secures A Legal Win for Restoring Local Control on Housing: Court Rules In Favor of Five California Charter Cities Declaring Senate Bill 9 Unconstitutional
On April 22, 2024 at 11:00 AM, the Honorable Curtis A. Kin in Department 86 of the Los Angeles Superior Court issued a ruling granting a Petition for Writ of Mandate challenging the constitutionality of Senate Bill 9, as applied to charter cities. Senate Bill 9 requires all California cities to ministerially approve an application for a lot split, and up to four total housing units, on a single family residential lot that meets certain specified criteria.
Five charter cities – Carson, Redondo Beach, Torrance, Del Mar, and Whitter– initiated a lawsuit in early 2022 against the State of California claiming that Senate Bill 9 is unconstitutional and invalid against charter cities. The League of California Cities and the City of Cerritos filed respective amicus briefs in the Trial Court in support of the Charter cities’ position. After extensive briefing and two hearings in Department 86, the Court ruled in favor of the five charter cities.
In this litigation, the charter cities are represented by Managing Partner Sunny Soltani, Equity Partner Pam Lee, Partner Michelle Villarreal, and Associate Shukan Patel of Aleshire &Wynder, LLP along with Michael Webb from the Redondo Beach City Attorney’s office. For further information on what this ruling means or how your city can benefit from this decision, please contact Pam Lee at plee@awattorneys.com or visit awattorneys.com.
Read the text of theSuperior Court ruling here
Join Catalysts for LocalControl on May 2nd at 5PM for a
Conversation withAttorney Pam Lee
Register for the Town Hall
Best wishes,
Susan Kirsch
Susan Kirsch, Founder
susan@susankirsch.com
415-686-4375
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Document
Charter City - CALIFORNIA CONSTITUTION.docx
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