Letter from Supervisor Sylvia Arenas re Council Item 7.29.24 14.3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION.pdfSYLVIA ARENAS
SANTA CLARA COUNTY SUPERVISOR, DISTRICT ONE
COUNTY GOVERNMENT CENTER, EAST WING
70 WEST HEDDING STREET, 10TH FLOOR
SAN JOSE, CALIFORNIA 95110
TEL: (408) 299-5010 • FAX: (669) 255-2200
District1@bos.sccgov.org • www.supervisorarenas.org
July 29, 2024
Dear Mayor Marie Blankley, Mayor Pro Tem Carol Marques, and Honorable City Councilmembers,
I write today with great sympathy and respect for your Council and Administration as you debate this
sensitive matter.
Jurisdictions across Santa Clara County, the Bay Area, and the entire state have struggled this Regional
Housing Needs Allocation (RNHA) cycle with certification of their Housing Elements – and
navigating the Builder’s Remedy projects that have come forward as a result. Each jurisdiction is
making difficult decisions on how to proceed in accordance with state laws and regulations that are
new to this cycle – and that place real limitations on longstanding local authority.
While I believe that the project in front of you today is, on balance, a good project that would add
much needed affordable housing, I appreciate that land use is complex and that you and your
colleagues are best positioned to review and decide on the appropriateness of the project for the City of
Gilroy.
I write to you today to offer advice based on what many jurisdictions have found in working with the
Department of Housing and Community Development (HCD) and the Courts this cycle. What has been
found across California is that the courts have reaffirmed HCD’s position that a jurisdiction cannot
determine their own Housing Element as compliant. Additionally, the Courts have supported HCD’s
position regarding Builder’s Remedy processes, such as their positions on project completeness.
Gilroy is not alone in these challenges. Jurisdictions all across the district I represent, particularly
including communities I represent in San Jose and in unincorporated Santa Clara County, have been
obligated to recognize Builder’s Remedy projects. While each jurisdiction must follow state law, we
can also work to find ways to involve our community and work together to find positive outcomes.
That in mind, I urge you to ensure you include in your decision today proactive steps to steward and
protect taxpayer dollars, by avoiding the possibility of expensive litigation that is likely, should the
Council not follow HCD’s Technical Advice Letters dated July 2nd and July 23rd.
Again, I offer this letter with great sympathy and respect for you as you face this difficult and sensitive
matter.
If you have any questions, please do not hesitate to contact my office at District1@bos.sccgov.org or
(408) 299-5010. Thank you for your consideration.
Sincerely,
Sylvia Arenas
Santa Clara County Board of Supervisors, District 1
Agenda Item #14.3
City Council Regular Meeting
07/29/2024