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Home My WebLink About03 - EQACREPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Revisions to Resolution No. 98 -17 Regarding Environmental Quality Affairs Citizens Advisory Committee SUGGESTED ACTION: Adopt Resolution No. 2000- , A Resolution of the City Council of the City of Newport Beach Amending Resolution 98 -17 Regarding Environmental Quality Affairs Citizens Advisory Committee. As the Environmental Quality Affairs Citizens Advisory Committee (EQAC) has assumed greater responsibility for and impact on the City's environmental review process, some concerns regarding turnover in Committee membership have been shared by the Mayor, some Council and EQAC members, and staff. Mayor Noyes requested that staff and EQAC work on revisions to the Resolution establishing EQAC that would provide for more stable membership and for the nomination of some members by the Committee. In reviewing the Resolution for this purpose, both staff and EQAC suggested additional revisions to the Rules and Purpose and Responsibilities sections to reflect current practice and improve the function of the Committee. The attached draft of Attachment A to the Resolution shows proposed changes in strikeout and underline. The changes are summarized below. • Reduce District representatives from 14 to seven • Increase at -large members from seven to 14, as follows: 7 members of the general public 4 representatives from homeowners or community associations • 3 members with knowledge of CEQA administration or environmental issues. • Nomination by EQAC, confirmation by City Council Change 1 -year terms of service to service at the pleasure of the Mayor This proposed organization resembles the method used for the Economic Development Committee, which has resulted in stable membership over the years, and timely filling of vacancies. CITY OF NEWPORT BEACH Hearing Date: October 24, 2000 COMMUNITY AND ECONOMIC Agenda Item DEVELOPMENT No.: 3 PLANNING DEPARTMENT Staff Person: Sharon Z. Wood 3300 NEWPORT BOULEVARD (949) 644 -3222 NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Revisions to Resolution No. 98 -17 Regarding Environmental Quality Affairs Citizens Advisory Committee SUGGESTED ACTION: Adopt Resolution No. 2000- , A Resolution of the City Council of the City of Newport Beach Amending Resolution 98 -17 Regarding Environmental Quality Affairs Citizens Advisory Committee. As the Environmental Quality Affairs Citizens Advisory Committee (EQAC) has assumed greater responsibility for and impact on the City's environmental review process, some concerns regarding turnover in Committee membership have been shared by the Mayor, some Council and EQAC members, and staff. Mayor Noyes requested that staff and EQAC work on revisions to the Resolution establishing EQAC that would provide for more stable membership and for the nomination of some members by the Committee. In reviewing the Resolution for this purpose, both staff and EQAC suggested additional revisions to the Rules and Purpose and Responsibilities sections to reflect current practice and improve the function of the Committee. The attached draft of Attachment A to the Resolution shows proposed changes in strikeout and underline. The changes are summarized below. • Reduce District representatives from 14 to seven • Increase at -large members from seven to 14, as follows: 7 members of the general public 4 representatives from homeowners or community associations • 3 members with knowledge of CEQA administration or environmental issues. • Nomination by EQAC, confirmation by City Council Change 1 -year terms of service to service at the pleasure of the Mayor This proposed organization resembles the method used for the Economic Development Committee, which has resulted in stable membership over the years, and timely filling of vacancies. The draft also includes the following changes to the Rules. These changes are intended to reflect actual practice and to provide EQAC with greater flexibility to conduct its business, even during times when there are vacancies. • Clarification of the current practice that Council Members do not vote • Deletion of the office of secretary • Deletion of the option to appoint a Council Member as chairperson • Change of quorum from 13 to a majority of the active members, with Council Members not counting towards a quorum EQAC discussed the proposed changes at their meeting of July 17. There was consensus that appointments should be structured so that the Committee is self - perpetuating, although there was some concern about the ability to fill the positions designated for association board members and persons with expertise in environmental issues. To address this concern, "expertise in" environmental issues has been changed to "knowledge of environmental issues. In addition to the administrative changes discussed above, some EQAC members requested additions to the Purpose and Responsibilities section. One of these is the review of environmental documents prepared by other agencies when the project may impact Newport Beach. This reflects recent City Council direction and current practice, and staff has included this provision in the draft. Another suggestion was to delete EQAC's role in the public notice process. The Committee feels that is properly a staff function, and EQAC has had limited success in this area despite ongoing efforts by the Communications Subcommittee. The attached draft changes this provision to provide for transmitting communications potentially affecting the association(s). Two other suggestions have not been included in the attached draft. The first is to give EQAC the responsibility to review environmental documents other than EIRs, e.g., mitigated negative declarations. Staff is very concerned that review of these documents cannot be accomplished in the time allowed by the State Permit Streamlining Act with EQAC's monthly meeting schedule. This concern was discussed with EQAC, and the understanding reached is that members will review the weekly Development Review Case Log and advise staff of environmental documents they wish to have on an EQAC agenda. Staff will also refer documents to EQAC when there is a significant project or environmental issue, and there is time for EQAC's review. The second request was for EQAC to make recommendations to the City Council on quality of life issues. Because this represents a different direction than the City Council had set for EQAC with Resolution 98 -17, and there was not overwhelming support from the Committee, staff has not added this responsibility. SHARON Z. WOOD Assistant City Manager Attachment: Resolution and Attachment A Page 2 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 98 -17 REGARDING THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE WHEREAS, the City Council previously adopted Resolution No. 98 -17, which re- established the Environmental Quality Affairs Citizens Advisory Committee ("EQAC"); and WHEREAS, the City Council has amended said Resolution with Resolution Nos. 98 -60 and 2000 -10; and WHEREAS, the City Council finds that EQAC has become an important part of the environmental review process for projects in Newport Beach, as well as outside projects that have the potential to impact Newport Beach; and WHEREAS, the City Council finds that EQAC can perform its functions better with a more experienced, stable membership; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby amend Attachment A to Resolution No. 98 -17 to read as Exhibit A to this Resolution, attached hereto and by reference made a part hereof. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately and apply to the appointment of new members to fill vacancies occurring on or after the date of this Resolution. ADOPTED this day of October 2000. MAYOR ATTEST: CITY CLERK 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 - on 2000. MEMBERSHIP: Two (2) Council Members Chairman (or designee), Economic Development Committee Chair: Citizen (at large) appointed by the Mayor Other Committee Members �Bistrie Citizens (3) No.� Citizens 0) -; ; a 33 Citizens (3) —Ne. 4 Citize^ ; (?�:a.5 Gtizef�s ( e. Citizens (A) Ne. Seven (77 members, one from each City Council district, nominated by the District Council Member and confirmed by the City Council Seven (7) citizens at large, nominated by the Committee and confirmed by City Council Four (4) members who are on the board of directors of homeowners or community associations, nominated by the Committee and confirmed by the City Council Three (3) members who have knowledge of Newport Beach (e.g., water quality, airport noise, traffic), nominated by the Committee and confirmed by the City Council Staff: Assistant City Manager or Designee TERM: Members shall serve at pleasure of the Mayor. RULES: A. All appoint eesmembers, 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 and a secretary. The Chairperson shall be appointed by the Mayor and the vice - chairperson and seE r; shall be elected by the Committee. The Mayor has the discretion to appeint C. A quorum shall consist of at least thirteen "?`a majority of the active members of the Committee. D. If an— appei member is absent from three (3) consecutive meetings, this fact shall be reported to the akpointing — Gauneil "ber-Mavor so that replacement of the appointee can be considered. E. E. Reports and recommendations from the Committee shall be made directly to staff, the Planning Commission or the City Council, And F. -aAny publications of said Committee shall require authorization from the City Council. F.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 protects under review by other agencies that have the potential to cause impacts in Newport Beach. 13C- To schedule and receive presentations from City officials or other parties on City activities impacting the quality of life. GD —To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) all no4rzes of pub'_- hearingsimportant communications potentially affecting the association(s). DE —To receive the City Manager's weekly newsletter (1 copy). FF —To suggest subject matter and key questions for the City's quarterly newsletter to residents. FG —To develop and implement a time - sensitive process to convey City activities and issues to the City's homeowner and community associations. (',.H. To develop and implement a time- sensitive process to report back common Citywide r ^ /14 resident issues. 3