California attorney general sues City of Calexico
Lynette Niebla
IMPERIAL COUNTY, Calif. (KYMA) – California Attorney General Rob Bonta announced he is suing the City of Calexico.
The lawsuit, in conjunction with the California Department of Housing and Community Development (HCD) and the Newsom Administration, alleges the City of Calexico failed to comply with the state’s Housing Element Law.
The Housing Element Law, according to the Attorney General’s Office, is for every city and county across California “must update its housing plan every eight years to meet its Regional Housing Needs Allocation, or its share of the regional and statewide housing needs.”
However, HCD said they identified 15 local governments who remained out of compliance with the law, and while two-thirds of the local government came to compliance with the law, five of them, including Calexico, were said to be “to be still out of compliance to the Attorney General’s Office.”
The state’s lawsuit claims Calexico is nearly five years late in adopting a valid affordable housing plan and asks a judge to force compliance within 120 days. If the city loses, it could face hefty monthly fines, a loss of local zoning control, and the temporary loss of its power to issue commercial building permits.
“California’s housing crisis demands action, not excuses,” said Attorney General Bonta. “Jurisdictions that remain out of compliance with our Housing Element Law are standing in the way of the homes Californians need. We are well past the halfway point of the current housing planning cycle, and timely compliance is not optional. As I’ve said many times, no local government has to solve this challenge alone, but every local government has to do its fair share. Today, we’re showing how serious we are about ensuring that every city and county in California adopts a housing element. Restoring the California dream will take an all-hands-on-deck effort.”
“California can’t solve the housing crisis while some cities sit on their hands and dare us to do something about it,” said Gov. Gavin Newsom (D-CA). “These five jurisdictions had every chance to follow the law and plan for their fair share of housing. They chose not to, so now they’ll answer for it in court. Housing law applies statewide, and no city gets a pass.”
State leaders reiterate that California is in a crisis when it comes to housing production and that everyone must do their part.
“The vast majority of California’s cities and counties have stepped up to achieve housing element compliance,” said HCD Director Gustavo Velasquez. “For the small number that are still falling short, the actions we are taking today should send a clear message: no community is exempt from doing its part to solve our housing crisis. Alongside Attorney General Bonta, Governor Newsom and HCD will continue to hold local governments accountable for complying with state law.”
In response to the lawsuit, Calexico City Manager Ben Martinez released an extensive statement emphasizing the city’s active work behind the scenes to resolve the dispute:
“The City of Calexico remains fully committed to achieving compliance with California Housing Element law and advancing policies that support the development of housing opportunities for all residents. City staff continues to work closely and collaboratively with the California Department of Housing and Community Development to address comments received during the Housing Element review process and to ensure that the document meets all applicable statutory requirements. The City has made substantial progress in preparing revisions to the Housing Element and is actively incorporating HCD’s feedback into the updated draft.”
Martinez further noted that through ongoing coordination with the state, the city is actively refining its housing programs, policies, and site inventory analysis. He noted that the city appreciates HCD’s partnership and guidance throughout the process and “anticipates submitting a revised Housing Element to HCD in the near future for further review and consideration,” remaining dedicated to securing full compliance as expeditiously as possible.
Still, local leaders admit the stern punishment might be the wake-up call the city needs.
“If it has to come to that, then it might have been necessary so that whoever is on there now realizes the importance of following through with all the requirements that the city has to fulfill,” said Councilwoman Diana Nuricumbo.
As for the delay, Nuricumbo blames years of local government unrest.
“[In] the past few years, so much has gone on, with the changing of city managers of the recall of council members, not having anyone at the planning department, who is the one who is supposed to work on that, so I believe that that’s the reason why it fell so many years late,” Nuricumbo explained.
Because plans were previously presented to the council, leaders assumed the process was tracking smoothly and say this lawsuit blindsided them.
“We were under the assumption that it was getting done. We were just as surprised as everyone else,” Nuricumbo stated.
Despite the legal friction, city officials say they are actively moving to resolve the gap with the state.
“Our staff is gonna be working on this with the consultant. They’re going to be submitting something to the state in the next few days for review,” Nuricumbo said.
The Calexico City Council says they plan to have a new affordable housing plan adopted by October of this year.
To learn more about the lawsuit against Calexico, click here.