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HomeMy WebLinkAbout10 - Environmental Quality Affairs Committee (EQAC)�EwPOgr CITY OF NEWPORT BEACH CITY MANAGER'S OFFICE U� 1 « ^' 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200, FAX (714) 6443250 Hearing Date Agenda Item No: SUPPLEMENTAL REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Changes to Rules, Purpose and Responsibilities of Environmental Quality Affairs Committee SUGGESTED August 14, 2001 ACTION: Adopt A Resolution of the City Council of the City of Newport Beach Amending Resolution 2001 -61 Regarding the Rules, Purpose and Responsibilities of the Environmental Quality Affairs Committee, with staffs recommended Attachment A After distribution of the agenda packet, the City Attorney and I discussed staff's version of the EQAC resolution with the chairman. We agreed that a few modifications would improve the resolution and the ability of the Committee to function as an advisory body to the City Council. The changes are shown in highlighted text on the attached draft. Items G and H under Rules allow for continuation of EQAC's practice of using subcommittees, while still complying with the Brown Act. Item C under Purpose and Responsibilities provides for EQAC review of negative declarations prepared by the City, only on projects that will not be reviewed by any other City body, such as the Planning Commission or Modifications Committee. Staff believes this will prevent projects from "slipping through the cracks" without adding significantly to the development review process. Finally, Item E under Purpose and Responsibilities allows the Committee to request the City Council or Manager to schedule a presentation before the City Council to advise them of a potential environmental impact on the City. This provides a method for EQAC to communicate to the Council when they receive information that they believe the Council should have or on which the City should consider taking action. SHARON Z. WOOD Assistant City Manager Attachment: Revised Staff Draft Attachment A 10 1 DRAFT ATTACHMENT A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: The Environmental Quality Affairs Citizens Advisory Committee (Committee) a €stablished by Resolution No. 87- 14, adopted on January 12, 1987; amended by Resolution No. 88 -105, adopted October 24, 1988 and blanket Resolution No. 90 -123. Committee restructured by adoption of Resolution No. 98 -17, adopted on February 23, 1998 (repeals all other resolutions). Membership revised by adoption of Resolution No. 98 -60 on August 24, 1998 (amends Res. 98 -17). Appointment of officers clarified by adoption of Resolution No. 2000 -10 on January 25, 2000. Membership, Rules, and Purpose and Responsibilities revised by adoption of Resolution 2000 -90 on October 24, 2000. Membership revised by adoption of Resolution No. 2001 -61 on July 10, 2001. MEMBERSHIP: A. Two (2) Council Members. B. The ChairanaR (or Chair's designee) o the - Economic Development Committee. C. Chairaerson of Committee shall be= a cGitizen (at large) appointed by the Mayor. D. Seven (7) members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council. E. Seven (7) citizens at large, one nominated by each Council Member and confirmed by the City Council. At the request of a Council Member, or ift a Council Member does not fill a vacancy within sixty (60) days, the Committee shall recommend two (2) candidates for the City Council's consideration. F. Four (4) members who are on the board of directors of homeowners or community associations, appointed by the City Council from two (2) recommendations for each member submitted by ffem-the Committee. TERM: RULES: G. Three (3) members who have knowledge of CEQA administration or environmental issues of concern to Newport Beach (e.g., water quality, airport noise, traffic), appointed by the City Council from two recommendations for each member submitted by -4-the Committee. Staff: Assistant City Manager or Designee. District and at -large members shall serve terms that coincide with the terms of the Council Members appeintipg- them. Association and special expertise members shall have terms of four (4) years, and may serve no more than two consecutive terms. All members shall serve at the pleasure of the Citv Council. A. All members, other than Council Members, shall have one (1) vote on the Committee. B. The officers of the Committee shall be comprised of a Cehairperson and Yvice- chairperson. The Chairperson shall be appointed by the Mayor and the Vvice- chairperson shall be elected by the Committee. C. A quorum shall consist of a majority of the current) appointed aGtive of the Committee, not counting the Council Members. D. If a member is absent from three (3) consecutive meetings, this fact shall be reported to the Mayor so that replacement of the appointee can be considered. E. Reports and recommendations from the Committee shall be made to staff, the Planning Commission or the City Council. +f the - Committee comments er -felon projects by other agencies_, these eemme shall be distributed to such agencies only after when–te-414e the comments are approved by the City Council; or the City Manager if City Council approval is not practicable_, Gity MaAaQW. F. Any publications of the said Committee shall require authorization from the City Council. G. G— Any letter written by a member of the Committee that represents" the position of the Committee, or stating any recommendation made, or action taken by the Committee, shall be authorized by the Committee during a duly noticed public meeting. In the event the Committee has, at a duly noticed public meeting delegated the responsibility for anv task to a Subcommittee, the Subcommittee may authorize one or more of its members to perform that task and.s subiect to the Rules applicable to the Committee. prepare and submit comments and /or state the oosition of the Committee. H. The Committee, or a Subcommittee designated by the Committee shall interview each candidate for prospective member before recommending that candidate to the City Council. If the Committee is unable to recommend two candidates for any specific membership, the Committee may recommend, and the City Council may appoint. only one candidate for membership. PURPOSE & RESPONSIBILITIES: A. To review and submit comments during the public review period (upon publication of the Notice of Preparation (NOP) and /or the Notice of Completion NOC with respect to any Environmental Impact Reports (EIRs) prepared by the City and the EIRs Nat' a Of PFepaFatdeA (NOP .� B. Tog review and subLect to the approval of the Citv Council or City manager, submit, on behalf of the City, comments on any NOP or NOC for an EIRs) prepared by another public agency for a erg Projects :.ndeF Feview by atheF ageRGieG that hasae the potential to cause significant adverse environmental impacts in the City of Newport Beach, C. If As- requested by the City Council or the C, ity Manager, review and submit comments on any environmental document, including a Negative Declaration or Environmental Impact Statement, prepared by the City or any other public agency for . projects that could have the peten4a -4-a sionificant adverse environmental to cause impacts o +n the City of Newport Beach- The Committee may review and submit comments on-aAY negative declaration prepared by the Citv for anv project that is not subject to the review and /or approval of any other Board - Commission or Committee without first receiving a request from the Citv Council or Ciiy Manaaer. D. D. To ule presentations from City staff relative to en activities with the potential to adversely impacting the environment. E. To reguest the City Manager and /or City Council to schedule a presentation from members of the Committee to the City Council relative to any action of the Committee or any activity that the Committee has determined could have a significant effect on Newport Beach. F& To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) information relative to projects that have the rotential to have a significant adverse impact on a#eeting the association(s). GF. To receive the City Manager's weekly newsletter (1 copy). HG. To recommend to the City Manager suggest—subject matter and key questions for inclusion in the City's quarterly newsletter to residents. RINUM F:\ users \cat\shared \bbh#a \Resolution \EQAC. doc CITY OF NEWPORT BEACH CITY MANAGER'S OFFICE 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Item No: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Proposed Changes to Rules, Purpose and Responsibilities of Environmental Quality Affairs Committee SUGGESTED August 14, 2001 ACTION: Adopt A Resolution of the City Council of the City of Newport Beach Amending Resolution 2001 -61 Regarding the Rules, Purpose and Responsibilities of the Environmental Quality Affairs Committee, with staff's recommended Attachment A Background The City Council appointed an Ad Hoc Committee to Review the Economic Development Committee and Environmental Quality Affairs Committee on May 22, 2001. The Ad Hoc Committee met on June 20, and made recommendations regarding membership of the two committees to the City Council on June 26. The Council accepted these recommendations, making no change to the Economic Development Committee (EDC) and adopting a Resolution changing the method of appointing some members of the Environmental Quality Affairs Committee (EQAC). The Council also extended the term of the Ad Hoc Committee to August 31, to allow time for EQAC and the Ad Hoc Committee to consider additional changes to the Resolution regarding rules, purpose and responsibilities. EQAC made recommendations in these areas at its meeting of July 16. However, schedules of the Ad Hoc Committee members did not allow for another meeting prior to its sunset. Council Member Proctor, who chairs the Ad Hoc Committee, requested that EQAC's recommendations be brought to the City Council for consideration along with an alternative prepared by staff at his request. The second version was developed by the City Manager and City Attorney with the goal of making EQAC's function less open to interpretation and more in line with their advisory function. A Resolution to adopt changes is attached, with the two alternate versions of Attachment A to the Resolution. Discussion Both alternatives include the following changes: 1. New language in Rule E to address the City Council's concern about comments on environmental documents being sent to outside agencies without review or approval 10 by the City Council. Although written slightly differently, both alternatives provide that such comments must be approved by the City Council when practicable, and by the City Manager when comment timelines do not allow for Council review. This provision is consistent with the advisory nature of almost every other board, commission or committee appointed by the City Council. The only exceptions to this advisory role are duties given to the Planning Commission, Civil Service Board and Board of Library Trustees by the City Charter. 2. A new item C under Purpose and Responsibilities. EQAC's recommendation is to comment on Negative Declarations prepared by the City or other agencies for projects that have the potential to impact Newport Beach, at the request of the City Council or the chairperson. The staff recommendation refers to any environmental document for a project that could impact Newport Beach, and provides for EQAC review at the request of the City Council or City Manager. 3. Deletion of the former item H under Purpose and Responsibilities. Neither EQAC nor staff understands the objective of this item, and the Committee has been frustrated in its attempts to establish regular communication with homeowner and community associations. The differences between the two alternatives are not major. The EQAC proposal includes one additional change, in item D under Purpose and Responsibilities. This is to report to the Council, if appropriate, on presentations from City officials. The staff alternative does not include this change, but provides for the Committee to request the City Manager to schedule presentations from City staff. The City Attorney added this provision for consistency with the Charter and Municipal Code with regard to direction to staff. The City Attorney also amended Rule G, providing that any letter representing the position of the Committee must be authorized by the Committee at a noticed public meeting. This language ensures compliance with the Brown Act by avoiding the potential for the chairperson or vice - chairperson to make a decision outside the context of a public meeting. Finally, the staff alternative clarifies language throughout the document. HOMER L. BLUDAU City Ma alter Attachments: 1. Resolution 2. EQAC Draft Attachment A 3. Staff Draft Attachment A 2 SHARON Z. WOOD Assistant ity Ma er RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 2001-61 REGARDING THE RULES, PURPOSE AND RESPONSIBILITIES OF THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE WHEREAS, the City Council previously adopted Resolution No. 2001 -61, that revised the composition of the Environmental Quality Affairs Committee (EQAC); and WHEREAS, the City Council wishes to clarify and adjust the rules, purpose and responsibility of EQAC; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby amend Attachment A to Resolution No. 2001 -61 to read as Exhibit A to this Resolution, attached hereto and by reference made a part hereof. ADOPTED this day of August 2001. MAYOR ATTEST: CITY CLERK 3 EQAC DRAFT ATTACHMENT A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: Established by Resolution No. 87 -14, adopted on January 12, 1987; amended by Resolution No. 88 -105, adopted October 24, 1988 and blanket Resolution No. 90 -123. Committee restructured by adoption of Resolution No. 98 -17, adopted on February 23, 1998 (repeals all other resolutions). Membership revised by adoption of Resolution No. 98 -60 on August 24, 1998 (amends Res. 98 -17). Appointment of officers clarified by adoption of Resolution No. 2000 -10 on January 25, 2000. Membership, Rules, and Purpose and Responsibilities revised by adoption of Resolution No. 2000 -90 on October 24, 2000. Membership revised by adoption of Resolution No. 2001 -61 on July 10, 2001. MEMBERSHIP: Two (2) Council Members Chairman (or designee), Economic Development Committee Chair: Citizen (at large) appointed by the Mayor Other Committee Members Seven (7) members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council. Seven (7) citizens at large, one nominated by each City Council Member and confirmed by the City Council. At the request of a Council Member, of if a Council Member does not fill a vacancy within sixty (60) days, the Committee shall recommend two (2) candidates for the City Council's consideration. Four (4) members who are on the board of directors of homeowners or community associations, appointed by the City Council from two (2) recommendations from the Committee. Section V - Page 2 07 -13 -01 Three (3) members who have knowledge of CEQA administration or environmental issues of concern to Newport Beach (e.g., water quality, airport noise, traffic), appointed by the City Council from two (2) recommendations from the Committee. The Committee shall interview prospective members before making recommendations to the City Council. If the Committee is unable to recommend two (2) candidates for a position, the City Council may appoint the one candidate recommended. Staff: Assistant City Manager or Designee TERM: District and at -large members shall have terms that coincide with the terms of the Council Members appointing them. Association and special expertise members shall have terms of four (4) years, and may serve no more than two (2) consecutive terms. RULES: A. All members, other than Council Members, shall have one (1) vote on the Committee. B. The officers of said Committee shall be comprised of a chairperson and vice - chairperson. The Chairperson shall be appointed by the Mayor and the vice - chairperson shall be elected by the Committee. C. A quorum shall consist of a majority of the active members of the Committee, not counting the Council Members. D. If a member is absent from three (3) consecutive meetings, this fact shall be reported to the Mayor so that replacement of the appointee can be considered. C� E. Reports and recommendations from the Committee shall be made to staff, the Planning Commission or the City Council. If the Committee comments on projects by other agencies, these comments shall be distributed to such agencies only when, to the extent practicable the comments are approved by the City Council or if City Council approval is not practicable, then upon consent of the City Manager. Section V - Page 2(a) 07 -13 -01 F. Any publications of said Committee shall require authorization from the City Council. G. Any letter written by a member of the Committee representing the Committee, or stating any recommendation made, or action taken by the Committee, must be approved by the chairperson or vice - chairperson before being mailed or delivered. PURPOSE & RESPONSIBILITIES: A. To review and make recommendations on City Environmental Impact Reports (EIRs) and the EIR's Notice of Preparation (NOP). B. To review and comment on Notices of Preparation (NOPs) and Environmental Impact Reports (EIRs) on projects under review by other agencies that have the potential to cause impacts in Newport Beach. C. As requested by the City Council or the Chairperson, the Committee may comment on Negative Declarations from the City or other agencies for projects that have the potential to cause impacts in the City of Newport Beach. D. To schedule -amI receive and report to the Council if appropriate, on presentations from City officials or other parties on Cam— activities impacting the envirorunentquali y=of life. DE. To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) important communications potentially affecting the association(s). E- F. To receive the City Managers weekly newsletter (1 copy). FG. To suggest subject matter and key questions for the City's quarterly newsletter to residents. GH. To develop and implement a time - sensitive process to convey City activities and issues to the City's homeowner and community associations. and 4npleffient C45-wide resident issues. Section V - Page 2(b) 07 -13 -01 1 STAFF DRAFT ATTACHMENT A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: Established by Resolution No. 87 -14, adopted on January 12, 1987; amended by Resolution No. 88 -105, adopted October 24, 1988 and blanket Resolution No. 90 -123. Committee restructured by adoption of Resolution No. 98 -17, adopted on February 23, 1998 (repeals all other resolutions). Membership revised by adoption of Resolution No. 98 -60 on August 24, 1998 (amends Res. 98 -17). Appointment of officers clarified by adoption of Resolution No. 2000 -10 on January 25, 2000. Membership, Rules, and Purpose and Responsibilities revised by adoption of Resolution 2000 -90 on October 24, 2000. Membership revised by adoption of Resolution No. 2001 -61 on July 10, 2001. MEMBERSHIP: Two (2) Council Members. Chairman (or designee), Economic Development Committee. Chair: Citizen (at large) appointed by the Mayor. Other Committee Members: Seven (7) members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council. Seven (7) citizens at large, one nominated by each Council Member and confirmed by the City Council. At the request of a Council Member, or it a Council Member does not fill a vacancy within sixty (60) days, the Committee shall recommend two (2) candidates for the City Council's consideration. Four (4) members who are on the board of directors of homeowners or community associations, appointed by the City Council from two (2) recommendations from the Committee —for each member. Three (3) members who have knowledge of CEQA administration or environmental issues of concern to Newport Beach (e.g., water quality, airport noise, traffic), appointed by '1 1 the City Council from two recommendations—from the Committee for each member. The Committee shall interview prospective members before making recommendations to the City Council. If the Committee is unable to recommend two (2) candidates for a position, the City Council may appoint the one candidate recommended. Staff: Assistant City Manager or Designee. TERM: District and at -large members shall serve terms that coincide with the terms of the Council Members appeiRtiagnominatina them. Association and special expertise members shall have terms of four (4) years, and may serve no more than two consecutive terms. All members shall serve at the pleasure of the Citv Council. RULES: A. All members, other than Council Members, shall have one (1) vote on the Committee. B. The officers of the Committee shall be comprised of a chairperson and vice - chairperson. The Chairperson shall be appointed by the Mayor and the vice - chairperson shall be elected by the Committee. C. A quorum shall consist of a majority of the sitting active members of the Committee, not counting the Council Members. D. If a member is absent from three (3) consecutive meetings, this fact shall be reported to the Mayor so that replacement of the appointee can be considered. E. Reports and recommendations from the Committee shall be made to staff, the Planning Commission or the City Council. Lf� Committee comments OF reperts on projects by other agencies_, these ^^^•^•^^`^ shall be distributed to such agencies only after ;en -49-4he extent pFaetwea the comments are approved by the City Council- or the City Manager if City Council approval is not practicable_, then Upen sent of the Sity-ManageF. F. Any publications of said Committee shall require authorization from the City Council. G. Any letter written by a member of the Committee that I represents" the position of the Committee, or stating any recommendation made, or action taken by the i,� Committee, shall be authorized by the Committee durinq a duly noticed public meeting. must be Ong mailed OF delivered. PURPOSE & RESPONSIBILITIES: A. To review and submit comments during the public review period (upon publication of the Notice of Preparation (NOP) and /or the Notice of Completion NOC with respect to any Environmental Impact Reports (EIRs) prepared by the City.afld the €IR's Pieties of P epaFa' amPT B. ToG review and subject to the approval of the Citv Council or City manager, submit, on behalf of the City, comments on anv NOP or NOCN9tiees of PFePaFatieR and Fig,eimqmeRtal for an EIRs} prepared by another public agency for a en Projects uRdeF Feview by et4er �Ahat hasve the potential to cause significant adverse environmental impacts in the City of Newport Beach. C. If As requested by the City Council or the City Manager. _ the __........._.....e, review any environmental document prepared by the City or any other public agency for ,,,. —. Cee!a;atieRs €rem the Gity eF ethe— ageaG;9sf projects that could have +t a tea; —a significant adverse environmental to wuse impacts ofn the City of Newport Beach- D. To request the City Manager to schedule FeGeive.and , presentations from City staff effGials eF ethBFpe ties relative to ea activities with the potential to adversely impacting the environment. E. To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) information relative to projects that have the potential to have a significant adverse impact on a#eeting -the association(s). F. To receive the City Manager's weekly newsletter (1 copy). G. To recommend to the City Manager suggest— subject matter and key questions for inclusion in the City's quarterly newsletter to residents. H. To development and implement a time - sensitive process to convey City activities and issues to the City's homeowner and community associations. F:\users\cat\shared\bbda\Resolution\EQAC.doc Q_