Bruce v. City of Alameda

California Court of Appeal Mar 26, 1985 No. A023366Published

Before: Elkington

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Holding. The court held that the development of low-cost, government-subsidized housing is a matter of statewide concern, and therefore Government Code section 65008 preempts a local initiative ordinance that restricts such development.

Issues

Whether Government Code section 65008 violates the home rule provisions of the California Constitution.
Whether the local ordinance conflicts with Government Code section 65008.
Whether the state has preempted the field of mandatory referenda for low-income housing.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We hold, as was concluded by the superior court, that locally unrestricted development of low cost housing is a matter of vital state concern.”

“Applying this authority we must, and do, hold that Government Code section 65008 has preempted the field purported to be covered by Measure I.”

Opinion

ELKINGTON, J.

The superior court entered summary judgment for plaintiffs Bruce and Walker, in their action against defendant City of Ala

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meda (a charter city) to have a certain initiative ordinance, described as “Measure I,” judicially nullified. Alameda Improvement Association, Inc., which by leave of court had intervened in the action, has appealed from the judgment; defendant City of Alameda has not.

The superior court had concluded, despite the charter city “home rule” provisions of the state’s Constitution, article XI, section 5, subdivision (a), that the Legislature’s enactment of Government Code section 65008 had preempted the field purportedly covered by Measure I, with which it (section 65008) was in conflict.

Measure I contained the following language: “For a period of five years no more government subsidized rental housing units shall be developed in the City of Alameda, unless development of such rental units is first approved by a majority of the voters in the City of Alameda.

“Development of rental units for senior citizens and the handicapped exclusively shall be exempt from this ordinance.”

The first of the intervenor association’s appellate contentions, follows: “Government Code § 65008, as applied to the City of Alameda, is in violation of article XI, § 5, subd. (a) of the California Constitution.”

Article XI, section 5, subdivision (a) of the Constitution states: “It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws. City charters adopted pursuant to this Constitution shall supersede any existing charter, and with respect to municipal affairs shall supersede all laws inconsistent therewith. ...”

It will be noted that such autonomous legislative power as is thereby vested in the state’s charter cities, relates

Bruce v. City of Alameda

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ELKINGTON, J.

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