After more discussion, a majority of the council approved the motion.A motion by Councilman John Procter to formally attach housing numbers to categories was blunted when Acting City Attorney Mary Gayle cited an Oxnard-based lawsuit - settled out of court - that was based on not meeting stated housing goals. In addition, “No one can forcibly make a developer,” adhere to such strict guidelines.Adoption of such housing numbers would be a “goal rather than a mandate,” said Procter, but Gayle noted that the potential for liability would remain.Procter’s numbers are “well within a reasonable amount,” and are contained in the DHE, said Espinosa. “. . .we sometimes are our own worse enemy as a city and governmental body.”Vice Mayor Ray Luna said Procter’s reference to the DHE as a plan is erroneous: “It’s also a legal document,” held accountable for itscontents.“Personally, I don’t have any problem with policy but I’m not willing to take the numbers at face value without further study,” noted Mayor Don Johnson.Espinosa said that a policy can be changed at any time and urged adoption of the housing numbers noting that the DHE itself can be used as the study tool.Luna made a successful motion to have staff study the issue and return it to the council.
City Council discusses housing numbers, inclusionary ordinance
July 27, 2001
Santa Paula City Council
The City Council wrangled over numbers at a special meeting held July 24 to address issues of concern regarding the Draft Housing Element (DHE) and ultimately decided to have further study done on breaking down housing needs by category as well as creation of an inclusionary housing ordinance.
By Peggy KellySanta Paula TimesThe City Council wrangled over numbers at a special meeting held July 24 to address issues of concern regarding the Draft Housing Element (DHE) and ultimately decided to have further study done on breaking down housing needs by category as well as creation of an inclusionary housing ordinance.At issue was quantified housing production objectives by special housing needs - farmworkers, homeless, handicapped, seniors, etc. - rather than by income levels. The inclusionary housing ordinance would guarantee that lower income housing be incorporate into developments or offsite; an in-lieu fee can also be charged to developers.According to Planning Director Tom Bartlett, such specificity in the DHE was not needed or legally mandated, and could open the city up to a lawsuit if such numbers were not met. Elements of the DHE provide commitments to support housing for special need groups, he noted.Bartlett said an inclusionary housing ordinance could be a “potential tool” to meet state-mandated housing requirements, but such an ordinance would require much study to avoid potential litigation.Council members were reminded that the city has contracted for a development code update that would impact many issues for future development.Another issue for discussion was a nexus study to evaluate the applicability of an inclusionary ordinance and determine appropriate in-lieu fee amounts and under which circumstances such a fee would be reasonable and appropriate.Councilwoman Laura Flores Espinosa asked about such an ordinance and Bartlett said that developers are legally responsible to help a community meet its housing needs.Espinosa said creation of such an ordinance is included in the DHE and made a motion to have an ordinance finished in six months. “I am expecting development quickly,” and the city must be prepared.
