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Committee divided over 'will' vs. 'may' wording and zoning flexibility in workforce housing policy
Summary
Committee members debated whether policy language should use stronger commitments ('will') or more discretionary wording ('may') and whether zoning flexibility provisions should be mandatory or advisory, with counsel advising where legal protection favors discretion.
Members of the Workforce Housing Committee debated whether policy provisions should use definitive language such as "will" to signal commitment or more discretionary wording such as "may" to preserve council and staff flexibility.
Several members said using "will" in many places would provide clearer direction to staff and send a stronger signal to developers. One committee member said, "Will to be sounds like more ... confident language that we are gonna have a team on a project or that it will we'll go forward with effort from the city as well." Another member argued the committee should avoid locking the city into specifics because zoning and density decisions commonly require case‑by‑case council judgment.
Joe (City attorney) said, as a general legal rule, "when it comes to tying the city's hands, May's will always be the recommendation of legal counsel," particularly where discretion and risk management are concerns. He identified one provision — zoning flexibility — where he believed a "may" was appropriate for legal protection. Several committee members suggested a mixed approach: keep some aspirational or programmatic promises as "will" while reserving "may" for items that have legal or fiscal risk.
Staff said consensus would be helpful so they can present a clear recommendation to City Council. Amber (staff member) asked the committee to pick which items to keep as "will" so staff can revise the draft accordingly.
Ending: No formal change was adopted; staff will adjust the draft to reflect committee direction and flag provisions for legal review where the attorney recommends "may." The committee plans to present the item to Council for further policy direction.
