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HomeMy WebLinkAbout14 - History & Status of EQACCITY OF NEWPORT BEACH °4 m COMMUNITY AND ECONOMIC �= DEVELOPMENT �a D PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL May 8, 2001 14 Sharon Z. Wood (949) 644 -3222 SUBJECT: History and Status of Environmental Quality Affairs Committee SUGGESTED ACTION: Receive and File At the City Council meeting of April 24, 2001, Councilmember Proctor asked that the confirmation of two appointments to the Environmental Quality Affairs Committee (EQAC) be postponed for two weeks. Councilmember Proctor also requested that staff provide some background information on the Committee. Committee History The Environmental Quality Advisory Committee was first established by City Council Resolution 7705 in 1972. There were 15 members recommended by the Council Appointments Committee and appointed by the full Council. Its duties were to identify areas of actual or potential environmental problems, study the problems and suggest solutions, and identify and set forth the economic, social and environmental cost - benefits involved in regulating environmental quality. When the California Environmental Quality Act (CEQA) was passed and the City began preparing environmental impact reports (EIRs) on private development projects in the mid seventies, EQAC's duties were interpreted broadly, and staff used the Committee to review EIRs and to help develop mitigation measures. The City Council combined the Beautification, Traffic and Environmental Quality Advisory Committees into a new Quality of Life Committee with the adoption of Resolution 86 -6. Each Councilmember appointed two members, and there were two Council and two staff liaison positions. Duties were to evaluate legislation affecting quality of life; bring to City Council attention the latest techniques for environmental quality management; identify areas of environmental concern, study them, identify the benefits of regulating environmental quality and advise the Council; and develop and maintain public awareness of the negative effects of litter and a litter reduction and beautification program. In its review of the Committee a year later, the City Council found that the combined responsibilities were too broad, and EQAC was re- established with Resolution 87 -14. The membership and staff liaison were not changed, but there was one Council liaison and one alternate. The duties involving environmental concerns, litter and beautification continued, and review of the toxic materials program was added. Review of environmental documents was not called out in this Resolution, and the staff assigned to the EQAC were the Environmental Services Coordinator (Police Department) and the General Services Director. The focus of the Committee shifted from environmental review to litter and toxic materials programs. The City Council expanded the duties of EQAC with the adoption of Resolution 88 -105, which states that the Committee was to provide communications with homeowners associations and "may' participate in the analysis of environmental documents prepared by or on behalf of the City of Newport Beach. The documents specified were Notices of Preparation (NOPs) and Environmental Impact Reports (EIRs). However, no staff support from the Planning Department was provided, and the primary focus continued to be litter and toxic materials. Duties were expanded again with the adoption of Resolution 90 -123, which added assisting in the development and review of the City Recycling Plan. It appears that the City Council never rescinded the environmental review responsibility, and General Services staff who worked with EQAC in the early nineties remember an EIR subcommittee that reviewed major EIRs. EQAC was not doing that work when the Council re- established the Committee in 1998. Resolution 98 -17 eliminated EQAC's responsibilities for environmental concerns, litter, recycling, beautification and toxic materials, but maintained the review of City environmental documents and strengthened the Committee's role in communicating with residents. Specifically, the Committee was charged with scheduling and receiving presentations on City activities impacting the quality of life, transmitting to community and homeowners associations notices of public hearings, receiving the City Manager's weekly newsletter, suggesting topics for the City's quarterly newsletter, and developing and implementing processes to convey City issues to associations and to report back Citywide association issues. This re- establishment of EQAC expanded its membership to 22 members, with each Councilmember appointing two District and one at -large member and the Mayor appointing the chair. Staff responsibility changed from the General Services Department to the Assistant City Manager. A representative from the Economic Development Committee (EDC) was added by Resolution 98 -60, and provision for a vice chair was made with Resolution 2000 -10. EQAC's membership structure was amended by Resolution 2000 -90, which also added the responsibility of reviewing NOPs and EIRs on projects under review by other agencies that have the potential to cause impacts on Newport Beach. Page 2 Membership Structure Staff's understanding is that the membership of EQAC was increased from 15 to 22 members in 1998 to provide more opportunities for citizen participation and improved communication with residents. The Committee has found the larger number of members to be helpful when there are many environmental documents to be reviewed, because the work can be shared among subcommittees. However, there were some difficulties with the method of appointing members. Not all City Council members made their three appointments, and there often were vacant positions. In addition, one- year terms and the need for new Council members. to appoint new Committee members hurt EQAC's stability and knowledge and experience base. Former Mayor Noyes suggested that these issues be addressed by creating a membership structure for EQAC that is similar to EDC's. EDC has representation by both geographic and business areas, and its members are recommended to the City Council by the Committee. Members serve at the pleasure of the Council, and EDC has excellent stability in its membership, resulting in a knowledgeable and experienced committee. EQAC's current membership structure is as follows. • Chair, appointed by the Mayor • 1 member from each Council District, appointed by the Council member 7 at -large members, nominated by EQAC and confirmed by the Council 4 members from homeowner or community association boards, nominated by EQAC and confirmed by the Council • 3 members with CEQA or environmental knowledge, nominated by EQAC and confirmed by the Council • One EDC representative EQAC has a Membership Subcommittee, and has nominated members for all but four of the positions for which the Committee is responsible (which the City Council has confirmed). The two nominations on this City Council agenda would complete the at- large positions, leaving only two vacancies, one each for associations and environmental knowledge. Duties and Rules Review of the City Council Resolutions related to EQAC over the years shows that there has been a core of duties that has shifted slightly to address issues that have risen or declined in importance over time. When review of environmental documents has been a duty, it always has been limited to NOPs and EIRs. It also has been limited to City documents until the latest changes in Resolution 2000 -90. EQAC is now considering a recommendation that they review negative declarations as well. The Committee also is considering a recommendation that they study environmental concerns raised by residents and report to the City Council (a duty that was eliminated Page 3 in 1998). These proposed Resolution amendments were discussed at their meeting of April 16, and continued for two months. Finally, there has been consistency with regard to EQAC's rules over the years, two of which are noteworthy. First, any letter representing the Committee or stating its recommendation or action must be approved by the chair or vice chair. Second, reports are to be made directly to the City Council (Planning Conunission added in 2000), and any publications require authorization from the City Council. It is unclear whether "publications" include comments on environmental documents prepared by other agencies or former publications such as a calendar. Mayor Adams raised this issue after EQAC's review of the Centerline mitigated negative declaration. The Committee is working on language that would provide for Council approval, but still allow some action when time does not allow for that approval. This amendment, too, was continued to the meeting of June 18. SHARON Z. WOOD Assistant City Manager Attachment: Resolution No. 2000 -90 Page 4 RESOLUTION NO. 2000- 90 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 24th day of October" ATTEST: CITY CLERK ATTACHMENT A ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AUTHORIZATION: Established by Resolutior 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: 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, nominated by the Committee and confirmed by the 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 CEQA administration or environmental issues of concern to 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 the pleasure of the Mayor. 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. E. Reports and recommendations from the Committee shall be made to staff, the Planning Commission or the City Council. 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. To schedule and receive presentations from City officials or other parties on City activities impacting the quality of life. D. To receive, review, and transmit to the City's community associations (COAs) and homeowners associations (HOAs) important communications potentially affecting the association(s). E. To receive the City Manager's weekly newsletter (1 copy). F. To suggest subject matter and key questions for the City's quarterly newsletter to residents. G. 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 resident issues.