HomeMy WebLinkAbout2023-80 - Opposing the Language in Proposition 1 that Calls for a By-Right Approval Process for Adult Substance Use Disorder Residential Programs and Recovery Housing to Be Located in Multi-Family Residential ZonesRESOLUTION NO. 2023-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, OPPOSING THE
LANGUAGE IN PROPOSITION 1 THAT CALLS FOR A
BY -RIGHT APPROVAL PROCESS FOR ADULT
SUBSTANCE USE DISORDER RESIDENTIAL
PROGRAMS AND RECOVERY HOUSING TO BE
LOCATED IN MULTI -FAMILY RESIDENTIAL ZONES
WHEREAS, on November 2, 2004, California voters passed Proposition 63, an
initiative that enacted the Mental Health Services Act ("MHSA"), which recognized that
mental health conditions affect persons of every demographic and, if left untreated, can
result in homelessness, the placement of children in foster care and financial ruin due to
the high cost of mental health care;
WHEREAS, the MHSA expanded California's mental health services to provide
effective treatment and support to children, adults and seniors by providing a full range of
integrated services to treat the whole person with the goal of self-sufficiency for those
who may otherwise have faced homelessness or dependance on the state for years to
come;
WHEREAS, Proposition 1, the Behavioral Health Services Program and Bond
Measure (2024), is comprised of two bills, Senate Bill 326, the Behavioral Health Services
Act ("SB 326"), and Assembly Bill 531, the Behavioral Health Infrastructure Bond Act ("AB
531"), which would fundamentally alter and change the MHSA;
WHEREAS, Senate Bill 326 revises and recasts the Mental Health Services Act
(MHSA), subject to voter approval, as the Behavioral Health Services Act (BHSA), and
adds amendments to the MHSA;
WHEREAS, AB 531 calls for a by -right approval process for adult substance use
disorder residential programs and recovery housing to be in multi -family residential zones;
WHEREAS, people receiving treatment in residential recovery facilities for
substance use disorders are members of our most vulnerable population;
WHEREAS, it is critical that people receiving care in these facilities are set up for
success with close management and regulations to ensure that these facilities are
operating in the intended manner;
Resolution No. 2023-80
Page 2 of 3
WHEREAS, state law already prohibits local government from regulating certain
state licensed facilities that provide services to people for substance abuse disorders,
and
WHEREAS, AB 531 would further reduce local control without providing for
appropriate oversight by local government that is necessary to integrate these facilities
into the community and ensure that vulnerable people in need substance abuse services
get the level of care they need.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby formally oppose the language,
contained Proposition 1, the Behavioral Health Services and Program Bond Measure
(2024) that calls for a by -right approval process for adult substance use disorder
residential programs and recovery housing to be located in multi -family residential zones
because it further limits local control without providing for appropriate oversight by local
government that is necessary to integrate these facilities into the community and ensure
that vulnerable people in need substance abuse services get the level of care they need.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2023-80
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-80 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of November, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29th day of November, 2023.
j-
Leilani I. Brown
City Clerk
Newport Beach, California