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HomeMy WebLinkAboutLetter from California State Senator Thomas J. Umberg - re L (IT�xlrf>axxtt�x5#�x#P5ext�t#e 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 - 5l r "' ;'•��.j VETERANS AFFAIRS BUDGET SUBCOMMITTEE#4 Septemeber 5, 2019 The Honorable Gavin Newsom Governor, State of California State Capitol, First Floor __ r`� 01 Sacramento, CA 95814 C:) F•,, The Honorable Erik Peterson Mayor, City of Huntington Beach r1 N --, 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)