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Home My WebLink About04 - EQAC Resolution AmendmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 May 25, 2004 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: Amendment to Resolution Establishing the Environmental Quality Affairs Committee ISSUE: Should the Resolution establishing the Environmental Quality Affairs Committee (EQAC) be amended to simplify the appointment of new members, strengthen attendance requirements and update purpose and responsibilities? RECOMMENDATION: Adopt a Resolution Amending Resolution No. 2003 -18 Regarding Membership, Attendance and Purpose and Responsibilities of the Environmental Quality Affairs Committee. DISCUSSION: One of the membership categories of EQAC requires persons who are on the board of directors of homeowners or community associations. The Committee would like to expand this category to include other civic or community groups, to expand the pool for potential members. In addition, experience has shown the requirement for board membership to be difficult to monitor and meet over time, as the membership of boards changes. Moreover, if strictly enforced, this provision could encourage turnover rather than stability on EQAC. The Committee recommends that this requirement be changed from being on the board of a listed group to being active in such a group. EQAC is the only citizens advisory committee for which two recommended candidates are required for each appointment to the Committee. EQAC has consistently been able to recommend one candidate to the City Council for each vacancy, but has found it difficult to recommend two candidates for the Council's consideration. The Committee Amendment to Resolution Establishing EQAC May 25, 2004 Page 2 is recommending that the Resolution be amended to require only one recommended candidate. The members of EQAC who attend meetings regularly are concerned about the commitment of members who have frequent absences. The Committee is recommending a second amendment to the Resolution to address this concern. The proposal is that the Mayor send a letter regarding absences to any member who is absent from three meetings during a twelve -month period without an excused absence. The current provision is for the Mayor to be notified when a member has this many absences; EQAC feels that some action should be taken. The third area of change is in the Purpose & Responsibilities section. The sections on review of environmental documents prepared by outside agencies are repetitive, and EQAC is proposing to simplify them. Additionally, the Committee is recommending the deletion of three responsibilities that are outdated or have not proven to be effective: transmitting information to community and homeowners associations, receiving the City Manager's newsletter, and recommending topics for a quarterly City newsletter. Submitted by: a4� Sharon Wood Assistant City Manager Attachment: Resolution RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 2003 -18 REGARDING MEMBERSHIP, ATTENDANCE, AND PURPOSE AND RESPONSIBILITIES OF THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE WHEREAS, the City Council has established the Environmental Quality Affairs Committee (EQAC) with provisions including membership, attendance, purpose and responsibilities; and WHEREAS, the City Council wishes to amend certain provisions to facilitate the appointment of new members, ensure attendance by members, and clarify and update the purpose and responsibilities of EQAC; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby amend Attachment A to Resolution 2003 -18 to read as Exhibit A to this Resolution, attached hereto and by reference made a part hereof. ADOPTED this day of May 2004. MAYOR ATTEST: CITY CLERK 3 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 provisions amended by adoption of Resolution No. 2003 -18 on March 25, 2003. 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. 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 from the date of the vacancv, the Committee may shall recommend twe -(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 Citv Council Member and confirmed by the City Council. At the request of a Council Member, o #r if a Council Member does not fill a vacancy within sixty (60) days, the Committee ma shall recommend two (2)candidates for the City Council's consideration. F. Four (4) members who are on the boaFd of d FeGteFs of active in homeowners or community associations; or an other civic or community groups, appointed by the City Council from twe (2) recommendations from the Committees f .- fer - mach -;ember 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 ennh 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 hfee-(3) senseGutive— meetings during a twelve month period without an excused absence, this faGt shall be FePoFted to the MayeF so that replacement of the appointee Gan he oensidered:the Mavor shall send that member a letter E regarding his /her attendance and continued service on the Committee. 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 ocmmitttee is wRable to S. L PURPOSE & A. To review and submit comments during the public RESPONSIBILITIES: 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. If requested by the Citv Council or the City Manager, Tto review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any NOP or NOG for aR EIR environmental document prepared by another public agencv for a Proiect that has L the potential to cause significant adverse environmental impacts in the City of Newport Beach. C. If Fequected submit , review and �"rrtit oernmeRts eR any enviFoPmAeRtal aesument, iRGlUdi„g —a Negative DeGIA- atig--R AF crrvrrvrn na. Cite or any - otter ctheF public ag nGyfor pFojeetc that the Gity of "Iewpapt Beasf.—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 adveFsely-impact the environment and quality of life issues. 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. - .. - _.. "OURIPIN! III I.Me of CITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. 4 May 25, 2004 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: Amendment to Resolution Establishing the Environmental Quality Affairs Committee Exhibit A, Rules Section D has been revised to clarify the procedure to be used when a member is not meeting the attendance standard, consistent with EQAC's discussion and recommendation to the City Council. Submitted by: Sharon Wood Assistant City Manager Attachment: Exhibit A - revised 5 N :f EI 1 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 provisions amended by adoption of Resolution No. 2003 -18 on March 25, 2003. 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. 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 from the date of the vacancy, the Committee mav twe (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 Citv Council Member and confirmed by the Citv Council. At the request of a Council Member, ofr if a Council Member does not fill a vacancy within sixty (60) days, the Committee may_shaI4 recommend twe(2)candidates for the City Council's consideration. F. Four (4) members who are „„ the board of-dire-tr4rs f active in homeowners or community associations; or any other civic or community groups, appointed by the City Council from twe (2) recommendations from the Committee. .t f aGh membeF 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 tNv9 (2) recommendations from the Committee for earh ,^;embeF hmi#ed 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) GGnseGutive meetings during a twelve month period without an excused absence, this fact shall be reported to the Mayor Y and the Mavor shall send that member a letter regardinq his /her attendance and continued service on the Committee. 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. I h � f a vommifctcz is Unable to the Gomm'f ee rr�rc�vrrrrrrrrccc— may re GGrrrn'ri =r PURPOSE & A. To review and submit comments during the public RESPONSIBILITIES: 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. If reauested by the Citv Council or the Citv Manager, Tto review and, subject to the approval of the City Council or City Manager, submit, on behalf of the City, comments on any NIQP „r NO-C for FDR environmental document prepared bV another public agency for a Project that has the potential to cause significant adverse environmental impacts in the City of Newport Beach. C. If , ested by the r#„ rte, nil , the City M Feview and submit 6GMMe_RtS OR any eRViFARMPRtRl deeement, inelediag a— Negative BeslRF On Qity 1O any Gh"- Othe public ageRGY fe PFojeGts #ham+# the Sity of Newport Beams —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 and quality of life issues. 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. _.. .�