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
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