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Home My WebLink About18 - Residential Recovery Facilities ConferenceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney's Office Robin Clauson, City Attorney 949/644 -3131 or rclausonOcity .newnort- beach.ca.us City Managers Office Homer Bludau, City Manager 949/ 644 -3000 or hbludau (cbcity.newoort- beach.ca.us SUBJECT: Resolution 2007- Relating to the Formation of the Intense Residential Occupancy Committee (a City Council- Citizens Advisory Committee); Budget Amendment for Residential Recovery Facilities Conference ISSUE: Should the City Council form a new committee to address issues and impacts relating to intense residential occupancies? How should the City fund an upcoming Residential Recovery.Faciliiies Conference for local public officials? RECOMMENDATION: 1. Adopt Resolution 2007- forming the Intense Residential Occupancy Committee (a City Council- Citizens Advisory Committee subject -to. the Ralph M. Brown Act). 2. Approve Budget Amendment #BA -_ appropriating $20,000 from unencumbered General Fund reserves to the City Council's Professional and Technical Account for the March 2, 2007 Residential Recovery Facilities Conference for local public officials. DISCUSSION: Over the past several months the City Council members have heard increased concerns from residents about the increasing numbers of facilities in residential neighborhoods that offer recovery, treatment and sober living services to persons recovering from alcohol abuse and /or drug addiction. The residents have also voiced concerns about conflicting information from other residents, state agencies and the City's staff as to what state and federal laws limit the City Council's ability to adopt Intense Residential Occupancy Committee January 23, 2007 Page 2 ordinances to regulate these types of facilities. Residents also complained that the City staff was not actively enforcing existing regulations and that, as a result, more and more facilities have located in the City. In response to these concerns, the Mayor is requesting that the City Council establish a new Citizens Advisory Committee. The Committee will provide a productive forum for the residents and the City Council to better understand how the business aspects of these facilities and the other adverse impacts residents experience from intense (high occupancy and /or transient) residential uses are changing the nature of our residential neighborhoods. The Committee will provide a forum for the community to better understand and evaluate state and federal legislation and understand how federal legislation prohibits states and cities from regulating in a manner that discriminates against certain types of housing. The Committee will identify problems and legislative solutions to the problems created by these facilities as well as other intense residential uses such as short term rentals, illegal units, student housing and party houses. The Committee will also be charged with identifying those problems, issues and solutions that need to be researched and whether a committee member or staff person is best suited to do the research so that all available information can be shared, discussed and understood by the public. The Committee would be charged with making recommendations to the City Council for local, state or federal legislation to address adverse . impacts of community wide concerns and to preserve the, residential characteristics of residential neighborhoods. In addition to the committee the Mayor is recommending that the City host a legislative conference for local, state and federal representatives to Identify adverse or secondary impacts that result from the business aspects of these facilities in our residential neighborhoods and explore and gain statewide support for state and federal legislative solutions necessary to mitigate the adverse impacts and preserve the residential characteristics of residential neighborhoods. Thus far, it appears that many cities and public officials throughout the State are interested in participating in such a legislative conference. Environmental Review: The City Council's approval of this agenda item does not . require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Su i e by: �: Robin Clauson City Attorney Attachment: Resolution 2007- RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FORMING THE CITY COUNCIL- CITIZENS ADVISORY COMMITTEE ON INTENSE RESIDENTIAL OCCUPANCY WHEREAS, the City of Newport Beach's residential neighborhoods have seen significant growth in the number of sober living, residential treatment and recovery facilities; and WHEREAS, when poorly managed, these facilities can operate more like an intense institutional use and create adverse impacts inconsistent with a residential neighborhood such as parking problems, excessive delivery times and durations, nuisances such as excessive noise, obvious business operations over and above those authorized for other residential uses, second hand smoke, and more; and WHEREAS, depending upon the size and type of these residential recovery or treatment. facilities or homes, State and Federal law dictates what localities can and cannot do regarding licensing, placement, permitting, and other local regulation of the facilities; and WHEREAS, the City desires to create a committee of Council Members and citizens to review, study and evaluate lawful solutions, and make recommendations to the City Council on city state and federal legislation that will allow the City to better mitigate the adverse impacts of these and other intense (dense occupancy and /or transient) residential uses; NOW therefore, be it RESOLVED by the City Council of the City of Newport Beach as follows: Section 1. The Council- Citizens' Committee on Intense Residential Occupancy, is hereby established with the following composition and term: a. The Committee shall be appointed by the Mayor and shall consist of: • Two Members of the Newport Beach Gty Council; • One Planning Commissioner; • One member of the Board of Realtors; • One person representing the West Newport Beach Association; • One person representing the Central Balboa Association; and • Two at-large citizen representatives. b. The Committee shall be staffed by the City Manager's Office and the City Attorney's office; and c. The Committee's term shall expire December 31, 2009. 1 Section 2. The Committee shall have the following duties and requirements with regard to intense (high occupancy and or transient) residential occupancies, including sober living, residential treatment and recovery facilities, community care facilities, parolee homes, and other intense residential uses such as short term rentals, student housing, illegal units, and party houses: 1. To review and understand state and federal laws and regulations that limit cities' ability to regulate some intense residential uses, 2. To study, evaluate and educate as to the adverse impacts intense residential uses create that are contrary to and in excess of impacts traditionally expected and accepted in residential neighborhoods and how these uses can change the residential character of residential communities, 3. To research and identify solutions to the problems created by intense residential uses and determine whether a committee member or staff person is best suited to do the research, 4. To make recommendations to the City Council for changes to regulations applicable to all residential uses in a manner that preserves the residential character of our neighborhoods 5. To work with group home, sober living, and residential treatment facility operators and others to adopt and implement "best management practices" that minimize any adverse impacts of intense residential occupancies. ADOPTED this 23d Day of January, 2007. SIGNED: Steve Rosansky, Mayor of Newport Beach ATTEST: LaVonne Harkless, City Clerk City of Newport Beach NO. BA- 07BA -041 BUDGET AMENDMENT 2006 -07 AMOUNT: $20,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the March 2, 2007 Residential Recovery Facilities Conference for local public officials. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Signed: Signed: Signed: J Financial Approval: Administ ive Services Director r..v Ad inistrative Appro I: City Manager City Council Approval: City Clerk Amount Debit Credit $20,000.00 " $20,000.00 " Automatic System Entry. Date Description Division Number 0110 City Council Account Number 8080 Services - Prof & Tech NOC . Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: J Financial Approval: Administ ive Services Director r..v Ad inistrative Appro I: City Manager City Council Approval: City Clerk Amount Debit Credit $20,000.00 " $20,000.00 " Automatic System Entry. Date