HomeMy WebLinkAboutCity Council - 2020-43 RESOLUTION NO. 2020-43
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REQUESTING THAT THE GOVERNOR OF
CALIFORNIA DELAY IMPLEMENTATION OF TITLE 14 OF THE CALIFORNIA CODE
OF REGULATIONS, SECTION 15064.3
(VEHICLE MILES TRAVELED CEQA ANALYSIS)
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared
COVID-19 a Public Health Emergency of International Concern, and on January 31, 2020, the
United States Secretary of Health and Human Services declared a Public Health Emergency; and
On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to
make additional resources available, formalize emergency actions already underway across
multiple state agencies and departments,and help the state prepare for a broader spread of COVID-
19; and
The City of Huntington Beach is experiencing a decline in revenues and unanticipated
COVID-19 expenses have been incurred including expenses related to disinfection of public
facilities, purchase of personal protective equipment, new technology for remote operations,
increased public safety costs(including overtime),increased personnel costs(including overtime),
purchasing supplies for residents and financial support to residents and businesses; and
The City of Huntington Beach is required by a new state regulation (Title 14 of the
California Code of Regulations, section 15064.3) to adopt a threshold of significance under the
California Environmental Quality Act (CEQA) making the act of driving one mile by a car or
pickup truck (even an electric car) by all future resident, visitor, vendor or employee to the new
housing, commercial or other projects an environmental "impact"under CEQA; and
State VMT regulations allow cities and counties to establish a "threshold of significance"
for determining how much VMT is a"significant" CEQA impact that requires projects to pay for
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Resolution No. 2020-43
VMT mitigation, and different state agencies have conflicting recommendations for when and
whether a VMT impact is "significant" under CEQA; and
Mitigation for VMT under CEQA must result in reductions of VMT to reduce project VMT
to levels that are less than "significant," but car travel remains a necessity for the overwhelming
majority of Huntington Beach residents and employees who do not use public transit, or bike or
walk to work, and instead rely on a car to complete essential tasks including getting to work,
acquiring necessary goods such as foods, and obtaining medical care; and
The COVID-19 pandemic is resulting in dramatic changes in transportation patterns such
as the expansion of working from home, learning from home, and even receiving medical care
from home via remote communication technologies, as well as 90% decreases in public transit
ridership based on social distancing and related health priorities;
The state agency adopting the VMT Guidelines strongly recommends imposition of a
regional "VMT Fee" (e.g., to fund bus passes or bike sharing services) on new projects to
"mitigate"VMT impacts; and
Notwithstanding the fact that this state agency has proposed this VMT CEQA expansion
for more than six years, no such VMT Fee mitigation program exists, and funding for the
establishment of a regional VMT program has been proposed but not approved and no work on a
VMT mitigation fee program has been completed by the Southern California Association of
Governments for the region; and
Conflicting significant significance threshold recommendations from state agencies, and
the absence of any feasible existing VMT Fee mitigation program, creates significant legal
uncertainties about how the city will be required to implement CEQA as of July 1; and
Defending CEQA lawsuits consumes City time and resources, and the City is responding
to urgent COVID-19 emergencies and the new unemployment crisis and loss of household income
as well as tax revenues and fees; and
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Resolution No. 2020-43
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1: That the City of Huntington Beach hereby requests that Governor Newsom
extend the implementation date of Title 14 of the California Code of Regulations, section 15064.3
until July 1, 2021.
SECTION 2: The Director of Community Development is hereby directed to transmit this
resolution to Governor Newsom immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the LjLh day of June , 2020.
ay
7 IE ND PPR D: JAPRONVED AS TO FORM:
anager �a7rney
INITIATED AN APP VED:
Mmua �J=-�l �—
Director of Community Development
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Res. No. 2020-43
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on June 15, 2020 by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
RECUSE: None
i�44�
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California