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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. Br ery Kkya ATTEST: Leilani I. Brown City Clerk H �U �1FOR� APPROVED AS TO FORM: CITY TTORNEY'S OFFICE -' - — C -- 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. v- --"w w , y .... Leilani I. Brown City Clerk Newport Beach, California NE URN��