HomeMy WebLinkAbout08 - Opposing the By-Right Approval Process Language in Proposition 1, the 2024 Behavioral Health Services Program and Bond MeasureTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 28, 2023
Agenda Item No. 8
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Tara Finnigan, Assistant City Manager - 949-644-3001,
tinnigan@newportbeachca.gov
PREPARED BY: Alan Rivera, Management Fellow, 949-644-3313,
arivera@newportbeachca.gov
TITLE: Resolution No. 2023-80: Opposing the By -Right Approval Process
Language in Proposition 1, the 2024 Behavioral Health Services
Program and Bond Measure
ABSTRACT:
At its November 14, 2023, meeting the Newport Beach City Council voted unanimously,
via a straw poll, in favor of staff returning with a resolution for its consideration that would,
if adopted, convey the City of Newport Beach's opposition to language included in
Proposition 1, the Behavioral Health Services Program and Bond Measure, concerning
the by -right approval process for adult substance use disorder residential program and
recovery housing to be located in multi -family residential zones. The bond measure is
slated to appear on the March 2024 statewide ballot.
RECOMMENDATIONS:
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 a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution 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.
DISCUSSION:
At the request of Councilmembers Lauren Kleiman and Erik Weigand, the Newport Beach
City Council at its November 14, 2023, City Council Meeting, considered placing a
resolution on a future agenda that, if adopted, would state its opposition to the language
contained in Proposition 1 concerning the creation of a by -right approval process for adult
substance use disorder residential programs and recovery housing to be located in
multi -family residential zones. The Council voted unanimously, via a straw poll, in favor
of staff bringing forward a resolution for its consideration.
RX
Resolution No. 2023-80: Opposing the By -Right Approval Process Language in
Proposition 1, the 2024 Behavioral Health Services Program and Bond Measure
November 28, 2023
Page 2
Subject to voter approval, the Behavioral Health Services Program and Bond Measure,
Proposition 1, would:
Issue $6.38 billion in general obligation bonds to finance permanent supportive
housing for veterans and others, as well as unlocked and locked behavioral health
treatment and residential settings for individuals experiencing homelessness or at
risk of homelessness with severe mental health challenges.
2. Permit a streamlined, ministerial, by -right approval process for projects in
multifamily residential use zones that are funded by this bond. Cities will have no
discretion in granting approvals for these types of uses.
3. Amend the Mental Health Services Act (MHSA) — approved by voters in 2004 as
Proposition 63, which enacted an additional 1 % tax on income above $1 million
and earmarked this tax revenue for counties to fund mental health services and
programs — to include substance use disorders and redesignate it the Behavioral
Health Services Act (BHSA).
4. Change how county mental health plans are required to spend revenue from the
1 % tax, including requiring 30% of the Behavioral Health Services Fund be
allocated to housing intervention programs.
5. Increase the number of members on the California Mental Health Services
Oversight & Accountability Commission from 16 to 27 members.
Proposition 1 is the product of two bills that were passed during the 2023 legislative
session and signed by the Gov. Gavin Newsom on October 12, 2023: Senate Bill 326, a
revision and recasting of MHSA, authored by Sen. Susan Eggman; and Assembly
Bill 531, allowing for a by -right and streamlined, ministerial review process for adult
substance use disorder residential programs and recovery housing to be located in a zone
where multifamily residential use, office, retail or parking are permitted, authored by
Assemblymember Jacqui Irwin. Both bills included provisions that required the bills to
appear jointly on the March 2024 ballot as Proposition 1.
Resolution No. 2023-80, if adopted, would convey the City's opposition to the language
in Proposition 1 pertaining to the streamlined, ministerial by -right approval process that it
would create for adult substance use disorder programs and recovery housing located in
multifamily residential use zones. The by -right approval process would limit local control
without providing for appropriate oversight by local government that is necessary to
integrate these facilities into the community.
FISCAL IMPACT:
There is no fiscal impact related to this item.
FIN
Resolution No. 2023-80: Opposing the By -Right Approval Process Language in
Proposition 1, the 2024 Behavioral Health Services Program and Bond Measure
November 28, 2023
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
► Is] IIs] I►Les
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. 2023-80
Iz
ATTACHMENT A
RESOLUTION 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-
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.
8-5
Resolution No. 2023-
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 November, 2023.
NOAH BLOM
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
W
C.�
Aaron C. Harp
City Attorney