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HomeMy WebLinkAbout05 - EQAC Membership ProvisionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 March 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport- beach.ca.us SUBJECT: Resolution Amending Membership Provisions of the Environmental Quality Affairs Committee (EQAC) RECOMMENDATION: Adopt Resolution with attached Exhibit A. DISCUSSION: The attached Exhibit A to the proposed Resolution reflects one additional change. The proposed new provision would give Council members the flexibility of appointing EQAC members who do not reside in their district, as well as providing that flexibility when the Committee is nominating a candidate for appointment. Submitted by: J40- Sharon Wood Assistant City Manager Attachments: Exhibit A to Resolution Exhibit A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: The Environmental Quality Affairs Citizens Advisory Committee (Committee) 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. Revised by adoption of Resolution No. 2001 -73 on August 14, 2001. MEMBERSHIP: A. Two (2) Council Members. B. The Chair (or Cha'r's designee) of the Economic Development Committee. C. Chairperson of Committee shall be a citizen (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. If a Council Member chooses, he /she may appoint a person who does not reside in his /her District. 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. Candidates recommended by the Committee need not reside in the District in which there is a vacancy. E. 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. 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 from the Committee for each member submitted by the Committee 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 (2) recommendations from the Committee for each member submitted by the Committee. Staff: Assistant City Manager or Designee TERM: District and at -large members shall have terms that coincide with the terms of the Council Members nominating them. Association and special expertise members shall have terms of four (4) years, and may serve no more than two (2) consecutive terms. All members shall serve at the pleasure of the City Council. 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 currently appointed 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. Committee comments on projects by other agencies shall be distributed to such agencies only after the comments are approved by the City Council, or the City Manager if City Council approval is not practicable. F. Any publications of the Committee shall require authorization from the City Council. 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 any task to a Subcommittee, the Subcommittee may authorize one or more of its members to perform that task and subject to the Rules applicable to the Committee, prepare and submit comments and /or state the position of the Committee. H. The Committee, or a Subcommittee designated by the Committee shall interview each candidate or 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 Report (EIR) prepared by the City. B. To review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any NOP or NOC for an EIR prepared by another public agency for a Project that has the potential to cause significant adverse environmental impacts in the City of Newport Beach. C. If requested by the City Council or the City 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 a significant adverse environmental impact on the City of Newport Beach. The Committee may review and submit comments on any negative declaration prepared by the City for any 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 City Council or City Manager. D. To request the City Manager to schedule presentations from City staff relative to activities with the potential to adversely impact the environment. E. To request 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 potential to have a significant adverse impact on the association(s). G. To receive the City Manager's weekly newsletter (1 copy). H. To recommend to the City Manager subject matter and key questions for inclusion in the City's quarterly newsletter to residents. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 March 25. 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 644 -3222, swood @city.newport - beach.ca.us SUBJECT: Resolution Amending Membership Provisions of the Environmental Quality Affairs Committee (EQAC) ISSUE: Amendment to Resolution providing for EQAC to recommend candidates for District membership. RECOMMENDATION: Adopt the attached Resolution Amending Membership Provisions of the Environmental Quality Affairs Committee. DISCUSSION: The City Council Resolution establishing EQAC provides for citizen composition of the Committee as follows: seven members, one from each City Council district; seven members at large, one nominated by each Council member; four members from homeowners or community associations; and three members with CEQA or environmental expertise. Since EQAC was reconstituted in 1998, with appointments to be made by each Council member, there often have been vacancies as Council members have difficulty identifying people who are interested and qualified. The most recent revision to the Resolution in 2001 allowed the Committee to recommend candidates for at -large membership if a Council member requests assistance or does not make an appointment within sixty days. Since the last Council election, not all district members have been appointed, and some Council members have indicated that they would like assistance in identifying candidates. EQAC's Membership Subcommittee has solicited applications from qualified people, but they do not reside in the districts that have vacancies. At their meeting of March 17, 2003, EQAC requested that the City Council consider an Resolution Amending Membership Provisions of EQAC March 25, 2003 Page 2 amendment to the Committee's Resolution that would allow EQAC to recommend candidates for district membership, and that those candidates not be required to reside in the district in which there is a vacancy. The attached Resolution would make that change. The proposed language includes the provision that EQAC present two candidates for each vacancy on which it is making a recommendation, which now applies to all other membership recommendations from EQAC. Submitted by: Sharon Wood Assistant City Manager Attachments: Resolution 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 2001 -73 REGARDING MEMBERSHIP WHEREAS, the City Council has established an Environmental Quality Affairs Committee (EQAC) with specific membership provisions provided in Resolution No. 2001 -73; and WHEREAS, the City Council wishes to amend the membership provisions to provide for EQAC to provide greater assistance in the appointment of Committee members; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby amend Attachment A to Resolution No. 2001 -73 to read as Exhibit A to this Resolution, attached hereto and by reference made a part hereof. ADOPTED this day of March 2003. MAYOR ATTEST: CITY CLERK Exhibit A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: The Environmental Quality Affairs Citizens Advisory Committee (Committee) 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. Revised by adoption of Resolution No. 2001 -73 on August 14, 2001. MEMBERSHIP: A. Two (2) Council Members. B. The Chair (or Chair's designee) of the Economic Development Committee. C. Chairperson of Committee shall be a citizen (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. At the request of a Council Member, or if a Council Member does not fill a vacancy within sixty (60) days, the Committee shall recommend two (2) candidates for the Cites Council's consideration. Candidates recommended by the Committee need not reside in the District in which there is a vacancv. E. 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. 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 from the Committee for each member submitted by the Committee 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 (2) recommendations from the Committee for each member submitted by the Committee. Staff: Assistant City Manager or Designee TERM: District and at -large members shall have terms that coincide with the terms of the Council Members nominating them. Association and special expertise members shall have terms of four (4) years, and may serve no more than two (2) consecutive terms. All members shall serve at the pleasure of the City Council. 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 currently appointed 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. Committee comments on projects by other agencies shall be distributed to such agencies only after the comments are approved by the City Council, or the City Manager if City Council approval is not practicable. PURPOSE & RESPONSIBILITIES: F. Any publications of the Committee shall require authorization from the City Council. 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 any task to a Subcommittee, the Subcommittee may authorize one or more of its members to perform that task and subject to the Rules applicable to the Committee, prepare and submit comments and /or state the position of the Committee. H. The Committee, or a Subcommittee designated by the Committee shall interview each candidate or 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. 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 Report (EIR) prepared by the City. B. To review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any NOP or NOC for an EIR prepared by another public agency for a Project that has the potential to cause significant adverse environmental impacts in the City of Newport Beach. C. If requested by the City Council or the City 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 a significant adverse environmental impact on the City of Newport Beach. The Committee may review and submit comments on any negative declaration prepared by the City for any 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 City Council or City Manager. D. To request the City Manager to schedule presentations from City staff relative to activities with the potential to adversely impact the environment. E. To request 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 potential to have a significant adverse impact on the association(s). G. To receive the City Manager's weekly newsletter G copy). H. To recommend to the City Manager subject matter and key questions for inclusion in the City's quarterly newsletter to residents.