Huntington Beach leaders approved a new state-mandated housing plan this week after years of insisting they didn’t need to, arguing that the approval was against their will and the only way to fend off hundreds of thousands of dollars in fees.
The plan comes just weeks before a judge is set to weigh in on potentially levying new fines against the city for running years behind on its housing plan that could push their existing late fees of $50,000 a month to $150,000 a month.
[Read: Huntington Beach to Pay $50,000 a Month Until They Get an Approved Housing Plan]
Anthony Taylor, one of the city’s contracted lawyers, said that signing off on a housing plan is the city’s best hope to avoid more fines, saying that as long as it was “substantially compliant” they likely wouldn’t see their fees increased.
“Substantial means there’s room for some compromise there,” Taylor said. “There are solid grounds to argue in court there shouldn’t be any more penalties against the city.”
Multiple city council members insisted this was not the end of their fight for local control and their rights as a charter city, which has led to repeated court losses for the city before state and federal judges, including both the state and U.S. Supreme Court, which declined to look at the case.
[Read: Huntington Beach Continues to Lose Lawsuits Arguing Charter City Rights]
“We will always continue to fight for you and if this path ends, we will pick up a new path,” said Mayor Casey McKeon. “We’re fighting the state in a state court with a state judge under the state seal of California.”
“This is not the final step.”
Councilman Don Kennedy said the state had the city “beaten into submission,” and that affordable housing actually increases rents for other renters.
“There’s a ripple effect that causes all the outlying cost sets to go up,” Kennedy said. “There are consequences to affordable housing.”
Councilman Chad Williams said the city council does not have the power to approve a new housing plan because of a charter amendment dubbed Measure U, which requires voters to sign off on major amendments to local zoning.
“This council has no authority to declare a law on the books unenforceable, only a court can do that,” Williams said. “The voters passed Measure U knowing the state had sued us. They chose the charter knowing the cost.”
Taylor claimed Measure U didn’t apply here because they were being forced to adopt a housing plan by a court order, noting a judge likely wouldn’t weigh in on the issue.
“There’s nothing before the council this evening that in any way is counter to what the intent of the voters is,” Taylor said. “Everything we’re doing here tonight that’s before the council in this resolution is consistent with the voter’s intent.”
Every other city council member aside from Councilman Andrew Gruel disagreed with Williams, noting that while they didn’t want to approve the housing plan, they couldn’t risk city coffers getting hit with six-figure fees.
“Notwithstanding Councilman William’s most excellent analysis which I sincerely mean was very good, none of us on this dais have ever gone to law school,” said Councilman Butch Twining. “I’m still going to support this item.”
Noah Biesiada is a Voice of OC reporter. Contact him at nbiesiada@voiceofoc.org.
