HomeMy WebLinkAboutCC Res 7009 2020-02-24' RESOLUTION 7009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH OPPOSING THE MODIFIED REGIONAL HOUSING NEEDS
ASSESSMENT ALLOCATION METHODOLOGY APPROVED BY THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
REGIONAL COUNCIL
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
WHEREAS, California Government Code Section 65584 requires that each city
and county plan for existing and projected housing need in accordance with the
Regional Housing Needs Assessment (RHNA); and,
WHEREAS, the California Department of Housing and Community Development
(HCD) -is responsible for establishing the "regional determination", or total
existing and projected housing need, for the Southern California Association of
Governments (SCAG) region, which includes the counties of Imperial, Los
Angeles, Orange, Riverside, San Bernardino, and Ventura, and,
WHEREAS, California Government Code Section 65584 requires a transparent
and collaborative process for SCAG to develop the methodology for the
' distribution of the regional determination in an equitable manner among the 197
jurisdictions within the SCAG region for the 6`h cycle RHNA, covering the
planning period from October 2021 through October 2029; and,
WHEREAS, between February 2019 and June 2019, SCAG staff presented to its
RHNA Subcommittee a variety of factors that could be used to develop a
proposed RHNA methodology, and,
WHEREAS, in July 2019, SCAG's RHNA Subcommittee reviewed and
recommended the release of three RHNA methodology options for public review
and comment, which was approved for release by SCAG's Regional Council on
August 1, 2019; and,
WHEREAS, on October 7, 2019, SCAG staff presented its recommended
methodology based on over 250 public comments to the RHNA Subcommittee,
which recommended approval of the staff recommended methodology to the
Community, Economic, and Human Development (CEHD) Committee; and,
WHEREAS, on October 21, 2019, the CEHD Committee unanimously supported
the SCAG staff recommended methodology and recommended its approval by
SCAG's Regional Council; and,
' WHEREAS, at the November 7, 2019 meeting of SCAG's Regional Council, a
surprise substitute motion was made by the City of Riverside introducing a
modified RHNA methodology, which would effectively shift a significant portion of ,
the 6th cycle RHNA allocation (approximately 75,000 housing units) away from
Riverside and San Bernardino Counties and into Orange County; and,
WHEREAS, without significant public input, the modified RHNA allocation
methodology was approved for submittal to HCD by the SCAG Regional Council
on a contested vote of 43-19 (opposed by all Orange County SCAG
representatives), despite a lack of detail regarding the associated impacts of the
proposed methodology changes, supporting documentation as to the merit of the
proposed changes, nor any opportunity for informed stakeholder input.
Furthermore, the Regional Council's action denied the majority of Orange County
members of SCAG an opportunity to object to the introduction of the alternative
RHNA methodology, and which increased the City of Seal Beach's RHNA
allocation from 182 housing units to 1,240 housing units (a more than 600%
increase); and,
WHEREAS, the City of Seal Beach did not receive sufficient notice or adequate
advanced notice that SCAG would entertain a substantially modified alternative
methodology; and,
WHEREAS, the modified methodology fails to adequately account for local input
and growth forecast data that, due to the late introduction by substitute motion,
was not fully analyzed for potential impacts before a vote of the SCAG Regional '
Council; and,
WHEREAS, the ramifications of this sudden and un -vetted methodology shift are
further compounded by recently passed state housing laws with which local
jurisdictions are obligated to comply. Examples include, but are not limited to,
SB 35 streamlining requirements and AB 101 penalties for cities which are out of
compliance with housing element laws; and,
WHEREAS, the modified RHNA allocation methodology approved by the SCAG
Regional Council effectively sets up many Orange County jurisdictions, including
the City of Seal Beach, to fail to achieve compliance with infeasible and
impossible state housing goals and laws; and,
WHEREAS, on January 13, 2020, HCD completed its review and provided
written correspondence to SCAG in support of the modified RHNA methodology.
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE
SECTION 1. The City Council of the City of Seal Beach is a strong advocate of
local control. The best means to protect the City of Seal Beach, its residents
and business owners, and to promote the goals and polices of the community is
to permit local control of property development within a consistent and ,
achievable set of State policy goals. The modified RHNA allocation
methodology, as well as the manner in which it was approved by the SCAG
Regional Council, undermines the integrity of what is mandated to be a
collaborative RHNA process, negates months of local participation conducted in
good faith, and poses a significant threat of lasting damage to the City of Seal
Beach if permitted to stand. The City Council, therefore, publicly states its
opposition to the modified RHNA allocation methodology approved by the SCAG
Regional Council in November of 2019.
SECTION 2. The City Council of the City of Seal Beach publically expresses its
extreme disappointment with SCAG's Regional Council leadership and SCAG's
executive staff for the manner in which the November 7, 2019 meeting of the
Regional Council was conducted. Irrespective of the outcome of this decision,
SCAG's Rules for the Conduct of Meetings were violated and Orange County
members of SCAG were denied the opportunity to object to the introduction of
the alternative RHNA methodology. First, the discussion on the alternative was
RHNA methodology was wrongfully and prematurely cut off, leaving the
members without the ability to discuss the complex and critically important issue
before them. Second, the substitute motion made to introduce the alternative
RHNA methodology was unreasonably vague and further confused through
attempts to clarify the motion. Finally, SCAG members were not permitted
sufficient opportunity to object to the complex and critically important issues
raised. As a member of SCAG, the City Council respectfully demands that
SCAG make the necessary policy changes to ensure that these types of
procedural violations never happen again.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 24th day of February, 2020 by the following vote:
AYES: Council Members Sustarsic, Kalmick, Moore, Varipapa, Massa-Lavitt
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do
foregoing resolution is the original copy of Resolution 7009
the City Clerk, passed, approved, and adopted by the Seal
a regular meeting held on the 24th day of February, 2020.
loria D. Haror, City Clerk
hereby certify that the
on file in the office of
Beach City Council at