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HomeMy WebLinkAbout2014-08-28_Agenda_Packet_EQAC P _ CITY OF NEWPORT BEACH n ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE F0 191 Civic Center Community Room - 100 Civic Center Drive August 28, 2014-6:30 PM Committee Members: Joshua Olazabal Nancy Gardner, Council Member(Chair) Debbie Stevens Tony Petros, Council Member Josh Yocam Tyler Gentry Kimberly Jameson Scott Kohan Staff Members: Charles McKenna Patrick Alford, Planning Manager I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES APPROVAL OF MINUTES Summary: Approval of June 26, 2014 meeting minutes Recommended Action:Approve June 26, 2014 minutes(attached) IV. CURRENT BUSINESS A. Environmental Quality Objectives Summary: Continued discussion of a list of proposed objectives to improve the City's environmental quality. Recommended Action:Review attached materials;direct staff to prepare a recommendation to the City Council. V. COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,ACTION OR REPORT(NON-DISCUSSION ITEM) VI. PUBLIC COMMENTS Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the Committee. Speakers must limit comments to (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Committee has the discretion to extend or shorten the speakers' time limit on agenda or non-agenda items,provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in silent mode VII. NEXT MEETING Next Meeting Date: Tuesday, September 30, 2014, 6:30 p.m. to 8:30 p.m. VIII. ADJOURNMENT This Committee is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Committee's agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Committee and items not on the agenda but are within the subject matter jurisdiction of the Committee. The Committee may limit public comments to a reasonable amount of time,generally three(3)minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act("ADA")in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the City Clerk's Office at least forty-eight(48)hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at(949)644-3005 or cityclerk@newportbeachca.gov. 1 O� PO �) NEWPORT BEACH U yam, z ei►c Cqt/FORNP ITEM TITLE: APPROVAL OF MINUTES ITEM SUMMARY: Summary: Approval of June 26, 2014 meeting minutes RECOMMENDED Recommended Action: Approve June 26, 2014 minutes (attached) ACTION: ATTACHMENTS: Description June 26, 2014, EQAC Minutes City of Newport Beach Environmental Quality Affairs Committee Minutes Date: June 26, 2014 Location: Newport Beach Civic Center— 100 Civic Center Drive Civic Center Community Room Members Nancy Gardner (Chair), Council Member; Tony Petros, Charles Present: McKenna, Tyler Gentry, Debbie Stevens, Josh Yocam Members Absent: Kimberly Jameson and Joshua Olazabal Staff: Aaron Harp, City Attorney; Patrick Alford, Planning Program Manager Public: Philip Bettencourt, Ken Drellishak, Jim Mosher, Kristen Petros, Diane Dixon, and Heather Grumbine. 1. CALL MEETING TO ORDER The meeting was called to order at approximately 6:31 pm. Mr. Harp determined that there was a quorum for purposes of the Brown Act. 2. ROLL CALL Ms. Jameson and Mr. Olazabal were absent. Mr. Yocam arrived at approximately 6:33 p.m. 3. CURRENT BUSINESS A. Environmental Quality Objectives Chair Gardner stated that the purpose of the meeting was to agree on objectives that would approve the City's environmental quality that would be presented to the City Council. She then went over the history of the Committee. She spoke about restricting the Committee to focus on these objectives. She then summarized an email with Ms. Jameson's comments. Mr. Alford spoke briefly on the differences between goals, objectives, and policies. Council Member Petros spoke about various environmental quality initiatives that are being implemented by local governments. He added that Newport Beach is on the forefront of many of these initiatives. He mentioned the Green Building Code and Energy Action Plan as examples. Chair Gardner invited Committee members and the public to present their ideas. Mrs. Petros suggested including the acquisition of properties to expand open space areas. EQAC June 26, 2014, Minutes Page 2 Ms. Stevens spoke of the build-out of the City, with Banning Ranch being the exception, and on infill project opportunities (redevelopment and Land Use Element Update projects). Chair Gardner suggested that the acquisition of small properties would be more likely, giving the open space area near Cappy's in West Newport as an example. Mr. McKenna warned about the Committee being spread too thin and focusing on project details when the overall impact of the project is of greater concern to the community. Council Member Petros expressed concern over adding another layer to the process and spoke in favor of offering incentives instead of mandates. Mr. Yocam suggested that this could entail capital improvement projects, such as the replacement of the seawalls along Balboa Island. Council Member Petros suggested that the Committee could recommend sustainable standard practices for capital improvement projects. Council Member Gardner said that she did not want the Committee to be too broad and the need to balance large and small initiatives. Ms. Stevens stated that the Committee used to only review environmental impacts reports (EIRs), but that EIRs have become more complex. She questioned the Committee's ability to look at the entire EIR and perhaps should focus on major issues. A discussion ensued about the Committee's past involvement with the Styrofoam ban and leaf blowers. Mr. Mosher gave a summary of the City Council's actions regarding the Committee's responsibilities since its inception in 1972. Mr. Yocam suggested that the Committee could connect best management practices with projects. Council Member Petros expressed support for the Committee's original 1972 mandate, which was to stay informed of the latest environmental management techniques and to bring them to the attention of the City Council. Mr. Yocam suggested a brainstorming session to come up with ideas. Chair Gardner said that if the goals were too general, nothing would get done. Mr. Harp suggested that the Committee set up a large umbrella for their mission and then develop specific objectives. A discussion ensued about applying recommendations to specific projects. Mr. Yocam stated that making such general recommendations should not cause the Committee to lose its project-by-project focus. EQAC June 26, 2014, Minutes Page 3 Chair Gardner stated that the Committee would no longer be reviewing EIRs. Ms. Stevens suggested that the Committee should review notices of preparation for EIRs. Mr. Yocam suggested that the Committee brainstorm and pick the top eight ideas. Council Member Petros suggested aligning with the goals the City Council sets annually. Mr. Drellishak stated that the Committee used to review EIRs as a service to the community. He then spoke of the importance of commenting on the John Wayne Airport Settlement Agreement Extension EIR. A discussion ensued as to the Committee's next step. The consensus was that each member should come up with ideas for the next meeting. Chair Gardner directed staff to prepare an overview of the City's current initiatives. Council Member Petros stated that he would provide a copy of information he has on what other communities are doing. Chair Gardner also directed staff to prepare a new structure for the Committee along the lines of the 1972 charter. Mrs. Petros wanted to investigate how broad policies could be implemented at the permit level. Mr. Alford gave a summary of the various levels of review by the City, including discretionary permits, administrative permits, codified standards, and guidelines. Mr. Mosher commented on the productivity of the Harbor Commission and how the City Council views them as a resource. He suggested that the Council was not referring to environmental issues, such as the Fire Rings and Energy Action Plan to the Committee. Mr. Bettencourt noted that he may have drafted the original 1972 Committee charter. Mr. McKenna expressed concern about the Committee's focus narrowing to just sustainability measures. Council Member Petros suggested that the Committee should have a broad scope. Ms. Stevens commented on the Committee's recent inability to comment on EIRs. Ms. Dixon stated she sees the Committee as taking some of the burden off the City Council and giving the community a voice on environmental quality issues. A discussion ensued on the time constraints for reviewing EIRs and NOPs and on the Committee's ability to provide expertise for reviewing all EIR chapters. EQAC June 26, 2014, Minutes Page 4 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) None. 6) PUBLIC COMMENTS None. 7) NEXT MEETING To be determined, but generally on Thursdays at 6:30 p.m. 8) ADJOURNMENT The meeting adjourned at approximately 7:44 p.m. Nancy Gardner, Chair O� PO �) NEWPORT BEACH V yam, s tlpop- ei►c ITEM TITLE: Environmental Quality Objectives ITEM SUMMARY: Summary: Continued discussion of a list of proposed objectives to improve the City's environmental quality. RECOMMENDED Recommended Action: Review attached materials; direct staff to ACTION: prepare a recommendation to the City Council. CEQA Compliance ATTACHMENTS: Description EQAC History Environmental Quality Initiatives Proposed EQAC Duties and Responsibilities Email to EQAC from Jonothan Bliss HISTORY OF CITY OF NEWPORT BEACH ENVIRONMENTAL COMMITTEES YEAR NAME DUTIES AND RESPONSIBILITIES 1971 Council Environmental Quality Control . Deal with environmental matters Committee • Consider and evaluate environmental legislative measures; 1972 Environmental Quality Control Committee • Keep abreast of the latest techniques for environmental quality management to bring to the attention of the City Council. • Identify areas of actual or potential environmental problems; Citizens Environmental Quality Control Advisory • Gather and study facts and other information relative to these 1972 Committee problems, and suggest various alternative solutions; • Identify and set forth the economic, social and environmental cost - benefits involved in regulating environmental quality. • Consider and evaluate legislation affecting quality of life; • Keep abreast of the latest techniques for environmental quality management and bring to the attention of the City Council; • Identify areas of actual and potential environmental concerns, including traffic, gather and study facts relative to these concerns 1986 Environmental Quality Citizen's Advisory or problems, identify and set forth the economic, social and Committee environmental cost benefits involved in regulating environmental quality, and so advise the City Council; • Develop and maintain public awareness of the negative impacts litter has upon the environment; • Develop and maintain an effective litter-reduction and community beautification program. E1-1 • To develop and maintain a public awareness program of the negative impacts litter has upon the environment; • To develop and promote projects and programs enhancing the aesthetic qualities of Newport Beach; • To identify areas of actual and potential environmental concerns with recommendations for treating and resolving these concerns; 1987 Environmental Quality Affairs Committee • To develop and monitor an effective litter reduction and community beautification program to include by way of illustration media advertising in the local newspapers, direct contact with citizens via an anti - litter/beautification brochure, educational efforts with civic groups and schools and different promotional efforts to maintain public interest; • To review the toxic materials program for the City and make recommendations for improving the City's program. ADDED : • To provide communications access workshops and serve as communications liaison with homeowners' associations; • The Committee may participate in the analysis of environmental documents in accordance with this paragraph. The Committee shall designate a subcommittee or individual as principally responsible for review of environmental documents. The 1988 Environmental Quality Affairs Committee Environmental Coordinator shall provide this Committee with a cop of each Notice of Preparation (NOP) and draft Environmental Impact Report (EIR) prepared by or on behalf of the City of Newport Beach. The Committee may submit comments on these documents within the appropriate review period. In the event a subcommittee is selected to be principally responsible for environmental review, the subcommittee shall select one of its members as the person to contact appropriate City staff to discuss aspects of the project or environmental document. E1-2 • To review and make recommendations on City Environmental Impact Reports (EIRs) and the EIR' s Notice of Preparation (NOP); • To schedule and receive presentations from City officials or other parties on City activities impacting the quality of life; • To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) all notices of public hearings; 1998 Environmental Quality Affairs Citizens Advisory Committee • To receive the City Manager' s weekly newsletter (1 copy); • To suggest subject matter and key questions for the City' s quarterly newsletter to residents; • To develop and implement a time-sensitive process to convey City activities and issues to the City' s homeowner and community associations; • To develop and implement a time-sensitive process to report back common Citywide COA/HOA issues. REVISED: • To review and comment on Notices of Preparation NOPs) and Environmental Impact Reports (EIRs) on protects under review bV other agencies that have the potential to cause impacts in Newport Beach; 2000 Environmental Quality Affairs Citizens Advisory Committee • To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) all net+ees of publiGhea s important communications potentially affecting the association(s); • To develop and implement a time-sensitive process to report back common Citywide GQA440A resident issues. E1-3 i c; • 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; • 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; • 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 Environmental Quality Affairs Citizens Advisory approval of any other Board, Commission or Committee without first 2001 Committee receiving a request from the City Council or City Manager; • To request the City Manager to schedule presentations from City staff relative to activities with the potential to adversely impact the environment; • 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; • 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); • To receive the City Manager' s weekly newsletter 1 copy): • To recommend to the City Manager subject matter and key questions for inclusion in the City's quarterly newsletter to residents. E1-4 si • 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; • If requested by the City Council or the City Manager, to review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any environmental document 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. The Committee may review and submit comments on any negative declaration 2004 Environmental Quality Affairs Citizens Advisory prepared by the City for any project that is not subject to the Committee review and /or approval of any other Board, Commission or Committee without first receiving a request from the City Council or City Manager; • To request the City Manager to schedule presentations from City staff relative to activities with the potential to impact the environment and quality of life issues; • 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. E1-5 12I MISSION: To protect and enhance the environmental quality of the City for the health and enjoyment of residents and visitors. PURPOSE & RESPONSIBILITIES: • 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; • If requested by the City Council or the City Manager, to review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any environmental document prepared by another public agency for a Project that has the potential to cause significant adverse environmental impacts in 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 2008 Environmental Quality Affairs Committee review and /or approval of any other Board, Commission or Committee without first receiving a request from the City Council or City Manager; • To receive or request concurrence from the City Council or City Manager to review and submit comments on any negative declaration prepared by the City for any project D. To advise the City Council on policies, programs and projects that improve or detract from the environmental quality of the city; • To promote education and awareness on positive environmental practices; • To request that the City Manager schedule presentations from City staff relative to activities with the potential to impact the environment and quality of life issues; • To request that the City Manager and /or City Council 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. E1-6 13 When directed by the City Council, • 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; • To review and, subject to the approval of the City Council or City Manager, submit, on behalf of the prepared by another public 2011 Environmental Quality Affairs Committee agency for a Project that has the potential to cause significant adverse environmental impacts in the City of Newport Beach; • To review and submit comments on any negative declaration prepared by the City for any project; • To advise the City Council on policies, programs and projects that improves or detract from the environmental quality of the city; and • To promote education and awareness on positive environmental practices. E1-7 City of Newport Beach Environmental Quality Initiatives COMMITTEES Water Quality/Coastal Tidelands Committee Purpose and Responsibilities: A. Advise and make recommendations to the City Council on policies, projects and programs that support and/or strengthen existing regulations to protect water quality and habitat in the bay and ocean; B. Advise and make recommendations to the City Council on policies, programs and projects that improve the water quality and habitat of Newport Bay and the ocean; C. Advise the City Council on implementation of the Tidelands Infrastructure Capital Plan in the following areas: 1. Sea level rise as it affects ocean beaches. 2. Ocean beach sand replenishment. 3. Other capital projects affecting the ocean beaches and tidelands not covered by other committees; D. Advise and make recommendations to the City Council on policies, programs and projects that educate the watershed's population about the value of Newport Bay and the ocean; and E. Advise on any matter referred to the Water Quality/Coastal Tidelands Committee by the City Council or City Manager. Environmental Quality Affairs Committee Purpose and Responsibilities: A. Advise the City Council on policies, programs and projects that improve or detract from the environmental quality of the City, as requested by the City Council; B. Comment on Notices of Preparation, as requested by the City Council; and C. Advise on any matter referred to the Environmental Quality Affairs Committee by the City Council or City Manager. E2-1 1.r PLANS AND GUIDELINES Green Building Guidelines — Guidelines are based off the 2008 California Green Building Standards Code (CGBSC), which sets targets for energy efficiency, water consumption, diversion of construction waste from landfills, improvement of indoor air quality, and the conservation of natural resources. See http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=13942 Draft Energy Action Plan — An outline of methods of achieving energy efficiency and reducing greenhouse emissions. See http://www.newportbeachca.gov/Modules/ShowDocument.aspx?documentid=16576 CITY COUNCIL POLICIES City Council Policy G-1 (Retention or Removal of City Trees) establishes definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City Council Policy G-2 (Adopt-A-Beach Program) establish a means by which interested residents, community groups, and businesses can "adopt" certain areas of beach and clean these areas on a regularly scheduled basis. City Council Policy G-3 (Preservation of Views) identifies the importance of views lost to excessive plant growth. City Council Policy G-7 (Solid Waste Management and Resource Recovery) encourages source reduction whenever possible; requires all City purchases to consider minimizing packaging and packing and to utilize materials made of recycled products whenever feasible; calls for an education program that encourage purchases with minimal packaging/packing, offers recycling information, and demonstrates home composting techniques. City Council Policy L-18 (Protection of Water Quality Drainage — Public Rights of Way) and City Council Policy L-22 (Protection of Water Quality: Water Quality Management Plans for New Development and Redevelopment) call for minimizing dry-weather runoff and runoff from small rain events in an effort to improve water quality of Newport Bay, water quality-limited receiving waters (like Buck Gully) and the near-shore ocean environment. PROJECT REVIEW Review of discretionary certain ministerial applications for new development for consistency with General Plan and Coastal Land Use Plan policies. REGULATIONS Chapter 6.05 (Use of Expanded Polystyrene Disposable Food Service Ware) prohibits food vendors and City-managed concessions, City-sponsored events, and City-permitted events from providing prepared food to customers in disposable food service ware made from expanded polystyrene. E2-2 Chapter 6.25 (Regulation of Smoking in Public Areas and Workplaces) prohibits smoking in elevators, hospitals, health care facilities, public meeting rooms, theaters, auditoriums, public restrooms, and indoor service lines; regulates smoking in restaurants and other places of employment. Chapter 7.26 (Protection of Natural Habitat for Migratory and Other Waterfowl) prohibits the feeding of waterfowl on or adjacent to Newport Bay. Chapter 7.30 (Wildlife Protection) prohibits the feeding of non-domesticated animals; prohibits the dumping of any food, refuse, fish, or fish parts into the waters of Newport Bay. Chapter 13.09 (Parkway Trees) requires the planting trees in the parkway abutting the building site for new buildings on vacant land or additions greater than 50 percent. Chapter 14.17 (Water-Efficient Landscaping) requires water-efficient planting, irrigation, and landscape-related improvements for projects with a landscaped area of 2,500 square feet or more, and which are subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature. Chapter 14.36 (Water Quality) requires new development and significant redevelopment to control urban runoff in accordance with the Orange County Drainage Area Management Plan (DAMP) and to reduce or eliminate reduction or elimination of pollutants in storm water runoff from the project site. E2-3 Proposed Duties and Responsibilities Environmental Quality Affairs Committee (EQAC) • To investigate and make recommendations to the City Council on applicable policies, programs, regulations, methodologies, and technologies for the protection and enhancement of the environmental quality of the City of Newport Beach; and • Receive comments and concerns from the community on matters relating to the environmental quality of the City of Newport Beach and report to the City Council, as needed; and • As directed by the City Council, review and make recommendations on City environmental quality policies, programs, and regulations. E3-1 12 Alford, Patrick From: Brown, Leilani Sent: Wednesday, July 30, 2014 3:45 PM To: Alford, Patrick Subject: FW: Second-Hand Smoking in Adjacent Condos For EQAC... Leilani I. Brown, MMC City Clerk City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 192660 T(949)644-3005; F(949)644-3039 1 Ibrown(c�newportbeachca.gov Regular Business Hours, Excluding Holidays: Monday to Thursday: 7:30 a.m. to 5:30 p.m. Friday: 7:30 a.m. to 4:30 p.m. VOTE Newport Beach's General Municipal Election - Tuesday, November 4, 2014 NW Register to Vote Today From: Jonathan Bliss [mailto:ionbliss@roadrunner.com] Sent: Wednesday, July 30, 2014 3:16 PM To: Brown, Leilani Subject: Second-Hand Smoking in Adjacent Condos Dear Mr. Brown, Nancy Gardner told me to get in touch with you since you are a member of the EQAC board. My dilemma, and it is one shared with many other people in this condominium complex, is that smoking is rampant and unchecked, affecting the health and well-being of many people who live here. I live at 280 Cagney Lane (Apt. 220) in Newport Beach and for the last two or three years I have repeatedly addressed the Villa Balboa HOA with this question. We have owned and lived in our unit for almost 30 years now, but within the last few years many smokers have moved in. Unfortunately the three units next to us -- 119, 219, and 319 -- are all smokers. The occupants of 119 and 319 in particular spend a good deal of their time outside on their porchs or patios smoking cigarettes. The smoke inevitably finds its way into our unit. Not only does this make our own efforts to enjoy our porch completely impossible because of the smell, but it poses a grave health risk to my wife who is an asthmatic; smoke triggers her asthma the way nothing else does, and we are forced to close our doors and windows many times a day in an effort to avoid the second- hand smoke. This solution is only partially successful, since smoke continues to enter our unit through the floor boards and ceiling. As a result, my wife has spent thousands of dollars a year on inhalers and other treatments. Despite many letters and conversations on our part, our neighbors have chosen to ignore our entreaties, in fact have become openly belligerent about their smoking, which they continue to do at all hours 1 of the day and night. We are being hounded by these people and no longer can enjoy our house or balcony. Many other owners in this building have similar stories. Smoking has endangered their health if not their lives. We have approached our board on numerous occasions, but each time they have ignored our requests for reasonable accommodations, despite the fact that the CC&Rs for our complex include a nuisance clause. Instead, the board has chosen to overlook this dangerous activity, favoring the rights of the smokers over the rights of the non-smokers. Within the last month, seventeen owners in the 280 building alone have signed a letter addressed to both the smokers and the board, asking for a remedy to this problem. Our request has been met with indifference from the VBHOA and open hostility from the smokers. The board refuses to enforce the nuisance clause, saying that they do not feel that secondhand smoke constitutes a nuisance. More to the point, they are reticient to impose any sort of penalties against the smokers until the city government takes the lead in prohibiting secondhand smoking in apartments and condominiums. The reason for this letter then is to encourage your group to do the right thing in this matter. Over the last thirty years the evidence about the dangers of secondhand smoke has become incontestable, yet so far the Newport City Council has refused to act on this information. I am sure that if 17 owners in one building can come together on this issue, that there exists a majority of Newport Beach residents who share this problem. The density of this city is too great not to make the smoking of a neighbor a danger and health hazard to those who live near them. I have no doubt that if a vote of the city were taken, a measure dealing with secondhand smoking would pass, even in so conservative an enclave as Newport Beach. If you would like to talk to me further, my number is (949) 244-2048. Thank you, Jonathan Bliss 280 Cagney Lane #220 Newport Beach, CA 92663 Z 20 To: Environmental Quality Affairs Committee Subject: Item IV.A: Additional Materials Received From: Chuck McKenna [cmckenna@wrightlegal.net] Sent: Tuesday, August 26, 2014 8:22 AM To: Petros, Tony; Garciamay, Ruby Cc: Alford, Patrick; Debbie Stevens; Josh Yocam; Josha Olazabal; Kimberly Jameson; Gardner, Nancy; Scott Kohan; Tyler Gentry Subject: RE: EQAC Agenda Packet for August 28, 2014 Meeting Good morning all. I have to go to North Carolina for personal reasons, leaving tomorrow morning, and thus I will also have to miss this meeting. I do have some thoughts that I would like to share, however, and perhaps they can be part of your discussion. We last talked about environmental quality in the broad context of what comes to mind when driving around Newport Beach. Since our last meeting, I have noticed something that I believe warrants attention—the way businesses are lit up at night, long after business hours. This is not only a waste of energy, but it is totally unnecessary, it creates a distracting eyesore for local residents, and it diminishes our beautiful natural environment at night. Two glaring (pardon the pun) examples come to mind, one large and one small. The Fletcher Jones dealership is lit up like Angel's stadium long into the night (perhaps all night?),visible from a significant distance away. This takes away from the natural, peaceful beauty of the Back Bay. The second example is the new Chase Bank at Jamboree and Santa Barbara,the old Chamber of Commerce building. It is ringed several times with annoying, very bright fluorescent blue neon lighting. Yes, it draws attention to the bank (the sole purpose, I am sure) but it is another excessive waste of energy that diminishes the quality of life for the residents living nearby. Again, all of this lighting is on long after business hours conclude for the day. I am sure there are many other examples. I do not know what the City's ordinances provide in this regard, but I believe this is a "quality of life" environmental issue that our committee should address. Thank you for allowing me to chime in remotely. I regret having to miss this meeting and look forward to the next. Charles C. McKenna, Esq. Partner ALTTORNEY3 AT LAW 4665 MacArthur Court,Suite 200 Newport Beach, CA 92660 Main (949)477-5050 Ext. 1010 Fax(949)608-9142 Wright, Finlay&Zak:Your Western Regional Counsel for California, Nevada,Arizona,Washington,Oregon, Utah and Hawaii PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 Confidentiality Note:The information contained in this email is privileged and confidential and is intended only for the use of the individual or entity named.If the reader of this email is not the intended recipient,you are hereby notified that any distribution or copy of this email is strictly prohibited.If you have received this email in error,please notify the sender by telephone immediately at(949)477-5050 and arrangements will be made for the return of this material.Thank you. 2 To: Environmental Quality Affairs Committee Subject: Item IV.A: Additional Materials Received -----Original Message----- From: Joshua Olazabal [mai Ito:ioshuaolazabal@yahoo.com] Sent: Monday, August 25, 2014 9:56 AM To: Alford, Patrick; Gardner, Nancy Subject: Fw: EQAC Agenda Packet for August 28, 2014 Meeting Nancy and Patrick, Wanted to touch base with you... As I mentioned to Ruby, am out of town this week for the meeting. Longer term, I've recently left PIMCO, and will likely be relocating out of the area (most likely to DC for a policy planning role at the Energy Department, or with one of the think tanks there around energy and environmental policy). While the timing is a bit uncertain, it is pretty imminent (house is on the market) and I think it might make sense to resign from the committee now so that you would be able to recruit someone else who can make a longer term committment. In terms of the specific agenda items right now, one suggestion I would have is that the committee/staff look at what other leading cities are doing in terms of prioritizing environmental goals and policies- perhaps a review of what others are doing in terms of identifying focus areas and translating down to specific priorities: New York under Bloomberg did a lot in this area, and I think Sacramento and Palo Alto have been leaders in California. We might not agree, but at least it might prompt some ideas. Personally, am very supportive of the open space ideas. Thanks and regards, Josh i