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STATE CAPITOL COMMITTEES
ROOM 3076 ELECTIONS AND
SACRAMENTO,CA 95814 SENATOR CONSTITUTIONAL AMENDMENTS
(916)651-4034 THOMAS J. UMBERG CHAIR
WWW.SENATE.CA.GOVIUMBERG BUDGET AND FISCAL REVIEW
THIRTY-FOURTH SENATE DISTRICT
SENATOR.UMBERG@SENATE.CA.GOV HOUSING
JUDICIARY
TRANSPORTATION
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BUDGET SUBCOMMITTEE#4
Septemeber 5, 2019
The Honorable Gavin Newsom
Governor, State of California
State Capitol, First Floor __ r`� 01
Sacramento, CA 95814
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The Honorable Erik Peterson
Mayor, City of Huntington Beach r1
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2000 Main Street
Huntington Beach, CA 92648
Dear Governor Newsom and Mayor Peterson:
I am writing regarding the litigation filed earlier this year between the State of California and the
City of Huntington Beach pertaining to the city's Housing Element and recent rulings issued in
the litigation.
The Newsom Administration and Attorney General Xavier Becerra assert that Huntington Beach
has not only consistently failed to meet the State of California's affordable housing requirements,
but has also deliberately changed local zoning laws to prevent those goals from being met. The
City of Huntington Beach maintains that it is largely in compliance with the state's affordable
housing mandate and that there are many other local jurisdictions that are worse in terms of
meeting their goals. In response to these actions, the city filed a demurrer to contest the State's
claims. After months of delay, I understand the demurrer was recently overruled by Judge James
A. Chalfant in Los Angeles Superior Court(California Department of Housing and Community
Development v. City of Huntington Beach, et al., 30-2019-01046493).
I led an effort earlier this year to resolve this dispute by way of mediation. This effort was
supported by all members of the Orange County legislative delegation representing the City of
Huntington Beach. It encourages all parties to resolve this complicated issue through use of a
neutral,third-party negotiator. In turn, the delegation specifically recommended the counsel of
Associate Justice David A. Thompson(California Court of Appeal, Fourth Appellate District)
and a format that would allow for more frequent, informal conversations, and creative thinking
that would save the taxpayers the time and expense of litigation.
The Honorable Gavin Newsom and The Honorable Erik Peterson
September 5, 2019
Page 2
I understand that Associate Justice Thompson has availability, and now that a decision has been
rendered on the demurrer, I am hopeful that both parties will meet to resolve this issue in an
expedient, neutral, and fair fashion that meets the need of all respective constituencies.
Given that the decision in HCD v. City of Huntington Beach mandated a response from the City
within 30 days, I look forward to receiving an update from both parties as to the status of efforts
to mediate. I stand ready to assist in any way that may prove useful to either of your offices or
Associate Justice Thompson as you enter mediation.
Thank you for your attention to this matter, and your good faith efforts in the coming weeks and
beyond as we resolve this dilemma for the residents and taxpayers of Huntington Beach. Please
feel free to contact me if you should have questions.
Sincerely,
TH4, 34th
BERG
Senastrict
Cali ornia State Senate
cc: The Hon. Xavier Becerra, California Attorney General
David A. Thompson,Associate Justice, California Court of Appeal, 4th Appellate
District
The Hon. Lyn Semeta, Mayor Pro Tempore, City of Huntington Beach
The Hon. Patrick Brenden, Council Member, City of Huntington Beach
The Hon. Kim Carr, Council Member, City of Huntington Beach
The Hon. Barbara Delgleize, Council Member, City of Huntington Beach
The Hon. Jill Hardy, Council Member, City of Huntington Beach
The Hon. Mike Posey, Council Member, City of Huntington Beach
The Hon. Michael Gates, City Attorney, City of Huntington Beach
Mr. Fred Wilson, City Manager, City of Huntington Beach
Ms. Robin Estanislau, City Clerk, City of Huntington Beach
Assemblymember Tyler Diep (AD-72)
Assemblymember Cottie Petrie-Norris (AD-74)
Senator Pat Bates (SD-36)
Senator John Moorlach(SD-37)