HomeMy WebLinkAbout2022-64 - Supporting the Restoration of Local Authority to Regulate Group Residential Care Facilities and Calling Upon the State of California to Increase its Oversight and Enforcement of Residential Care Facilities Until Local Authority is RestoredRESOLUTION NO. 2022-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPPORTING
THE RESTORATION OF LOCAL AUTHORITY TO
REGULATE RESIDENTIAL CARE FACILITIES AND
CALLING UPON THE STATE OF CALIFORNIA TO
INCREASE ITS OVERSIGHT AND ENFORCEMENT OF
RESIDENTIAL CARE FACILITIES UNTIL LOCAL
AUTHORITY IS RESTORED
WHEREAS, cities are best situated to be aware of and respond to the impacts of
residential care facilities upon the health, safety, and general quality of life of the
surrounding residents and to take action to protect the clients of residential care facilities;
and
WHEREAS, state law preempts the ability of cities to properly regulate certain
residential care facilities licensed by the state and address the impacts on surrounding
residents from those facilities as well as protect the clients of the residential care facilities.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City of Newport Beach supports the restoration of local authority
and requests that the State of California: (a) return the authority to regulate all residential
care facilities to cities; and (b) authorize city personnel to investigate alleged violations of
state law by owners and operators of state licensed residential care facilities and take
appropriate enforcement action when violations are found to have occurred.
Section 2: Until the state returns the authority to regulate all residential care
facilities to cities, the City of Newport Beach requests that the California Department of
Health Care Services and Department of Social Services: (a) immediately investigate any
complaint that a state licensed residential care facility has violated the law; (b) ensure
that timely enforcement actions are brought against violators; and (c) that the stiffest
penalties allowed under law are imposed on violators to help protect those in recovery as
well as adjacent neighbors.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2022- 64
Page 2 of 2
Section 4: 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 5: 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.
Section 6: 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 27th day of September, 2022.
ATTEST:
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Leilani I. Brown U Z,�-
City Clerk
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar n 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. 2022-64 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of September, 2022; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, 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 28th day of September, 2022.
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Leilani I. Brown
City Clerk
Newport Beach, California
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