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Home My WebLink About06 - Formation of an Ad Hoc Residential Care Facilities CommitteeQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report October 26, 2021 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Matt Schneider, Principal Planner PHONE: 949-644-3219, mschneider@newportbeachca.gov TITLE: Resolution No. 2021-102: Formation of an Ad Hoc Residential Care Facilities Committee ABSTRACT: For the City Council's consideration is a resolution to create a City Council Ad Hoc Residential Care Facilities Committee to provide recommendations to the City Council on Residential Care Facilities regulations and policies. The City of Newport Beach's (City's) last comprehensive update to Residential Care Facilities standards occurred in 2008 and a review is warranted to ensure consistency with current State law. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in any physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-102, A Resolution of the City Council of the City of Newport Beach, California, Forming an Ad Hoc Residential Care Facilities Committee. DISCUSSION: A total of 32 Residential Care Facilities are licensed and or certified by the State of California (State) to operate in Newport Beach. The City's last comprehensive update to Residential Care Facilities regulations occurred in 2008. Since that time, there have been changes to State law as well as the operational characteristics under which Residential Care Facilities operate that warrant a review of the City's policies and standards related to their use. In the interest of time and efficiency, staff recommends the City Council create a three-member Ad Hoc Committee of the City Council (Committee) to guide staff's review and formulation of recommendation to the full Council. The purpose and responsibility of the Committee is to ensure local standards are consistent with state and federal law, recommend legislative policies and or positions regarding state and federal laws related to the regulation of residential care facilities and if warranted, recommend changes to the City's regulatory protocols related to residential care facilities. Once work is concluded, the Committee shall make a recommendation or recommendations to the entire City Council regarding the above matters. 6-1 Resolution No. 2021-102: Formation of an Ad Hoc Residential Care Facilities Committee October 26, 2021 Page 2 In accordance with City Council Policy A-2 (Boards, Commissions, and Committees), the Ad Hoc Committee will be composed of three (3) City Council Members appointed by Mayor Brad Avery. The Mayor has proposed the Committee be comprised of Council Members Diane Dixon, Joy Brenner, and Duffy Duffield. The Committee would sunset after final recommendations are made to the entire City Council. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the formation of a Residential Care Facilities Ad Hoc 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2021-102 6-2 ATTACHMENT A RESOLUTION NO. 2021-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FORMING AN AD HOC RESIDENTIAL CARE FACILITIES COMMITTEE WHEREAS, the City of Newport Beach ("City") provides standards for residential care facilities as well as other land uses within Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code; WHEREAS, the last comprehensive update to the residential care facility standards occurred in 2008; WHEREAS, there are 32 State licensed and or certified residential care facilities authorized to operate within the City, WHEREAS, changes in state law as well as the operational characteristics of residential care facilities have occurred since the last comprehensive update to the City's residential care facilities standards were adopted; and WHEREAS, the City Council recognizes the importance of reviewing and, if warranted, updating the City's residential care facilities standards to be consistent with state law, and further understands that City staff requires City Council guidance with this potential update. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby create an Ad Hoc Residential Care Facilities Committee ("Committee") consisting of Council Member Diane Dixon, Council Member Joy Brenner, and Council Member Duffy Duffield. Section 2: The purpose and responsibility of the Committee is to provide a recommendation to the entire City Council regarding matters pertinent to updating the City's residential care facilities standards including but not limited to: ensuring local standards are consistent with state and federal law, recommending legislative policies and or positions regarding state and federal laws related to the regulation of residential care facilities and reviewing, and if warranted, recommending changes to the City's regulatory protocols related to residential care facilities. Section 3: The Committee shall be an advisory committee and shall expire upon making a recommendation to the entire City Council. 6-3 Resolution No. 2021 - Page 2 of 3 Section 4: The Committee shall not be subject to the Brown Act; however, the recommendation of the Committee to the City Council shall be considered at a noticed and public hearing by the entire City Council. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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 7: 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. M. Resolution No. 2021 - Page 3 of 3 Section 8: 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 26th day of October, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TORNEY'S OFFIC aro C. Harp City Attorney 6-5