HomeMy WebLinkAbout2021-102 - Forming an Ad Hoc Residential Care Facilities CommitteeRESOLUTION 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.
Resolution No. 2021-102
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.
Resolution No. 2021-102
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.
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ATTEST:
Leilani I. Brown
City Clerk
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APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
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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. 2021-102 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 26th day of October, 2021, and the same was so passed and adopted
by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of October, 2021.
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Leilani I. Brown
City Clerk
Newport Beach, California
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