HomeMy WebLinkAbout09/26/2017 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
September 26, 2017
I. ROLL CALL - 4:00 p.m.
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Will O'Neill,
Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon
Absent: Council Member Jeff Herdman (excused)
II. CURRENT BUSINESS
SSI. Clarification of Items on the Consent Calendar - None
SS2. Orange County Cities Energy Leadership Partnership Presentation to the City for
Reaching Platinum Level
Municipal Operations Director Murdoch utilized a PowerPoint presentation to discuss the City's
energy goals, the Orange County Cities Energy Leadership Partnership (OCCELP), the different
partnership levels, notable projects, energy demand responses, how the City achieved the
Platinum Level, and next steps. He thanked Southern California Edison, Southern California
Gas Company, Sheila Reed of FCI Management, The Energy Coalition, the City Council, Public
Works staff, and Municipal Operations staff.
Southern California Edison Account Manager Tina Valore and Government Affairs
Representative Tammy Tran thanked the City, Municipal Operations Director Murdoch, and
Senior Civil Engineer Tauscher, and reported that the City is the second Orange County city to
earn the Platinum Level Award.
SS3. Southern California Edison Presentation of a Check for Incentives Related to LED
Street Light Replacement
Senior Civil Engineer Tauscher utilized a PowerPoint presentation to discuss the LED Street
Light Replacement Project and where the next replacements will take place. He thanked
Southern California Edison, FCI Management, The Energy Coalition, the City Council, Public
Works staff, and Municipal Operations staff.
Rebecca Hausheer, The Energy Coalition, commended the City for taking on this project.
Council Member O'Neill commended everyone associated with the project and stated he is looking
forward to Phase 2.
Council Member Dixon thanked staff and all the partners involved with the project.
Southern California Edison Account Manager Tina Valore and Government Affairs
Representative Tammy Tran presented the City with the Platinum Level Award and the rebate
check for $469,428 for saving almost 1,000,000 kilowatt hours.
SS4. John Wayne Airport (JWA) Update
City Manager Kiff utilized a PowerPoint presentation to discuss the City's goals, highlighted
common questions regarding NextGen at JWA, discussed the JWA Settlement Agreement,
reported on the history of flight patterns, and highlighted the flight patterns associated with
FINNZ, HHERO, and PIGGN. He reported that adjustments are supposed to occur on
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October 12, 2017 to HHERO and December 7, 2017 to FINNZ, and that STAYY may be introduced
in December 2017. He further discussed the seven noise monitoring stations, decibel (dB) limits,
and noise reports, highlighted the two Noise Abatement Departure Procedures (NADP), explained
why monitoring stations cannot be moved or the dB limits altered, suggested updating the 2008
ARTS Study, explained why the City sued the Federal Aviation Administration (FAA), and
discussed how to implement the City's goals. He indicated residents can provide their concerns at
newportbeachca.gov/trending/nextgen-departure-concerns and the City will forward them to the
FAA.
In response to Council questions, City Manager Kiff explained the noise difference between
arrivals and departures, indicated he was unsure why the FAA created new flight patterns in
May 2017, believed the FAA has been generally responsive to the City, even though they are not
a party to the Settlement Agreement, reported that the FAA did not respond to the City's
September 2016 letter, explained that the Settlement Agreement's noise levels were set in 1985,
and discussed benefits to using the Airbus A320 neo airplane. City Attorney Harp reported that
the City of Phoenix won its lawsuit against the FAA, but their case was based on an exemption
issue.
Mayor Muldoon suggested hiring a Washington DC lobbyist to help the City and Airport
Consultant Tom Edwards work with the FAA and County, requested scheduling meetings directly
with the major air carriers to consider using Distant or other NADP to be more considerate to the
residents, and come up with a monitoring method to test the accuracy of the monitoring stations.
City Manager Kiff cautioned that it is difficult to determine if one NADP is better for all the
communities affected, but believed updating the 2008 ART Study would be helpful.
Norman Myers discussed his reasons for believing that airport noise is a contributor to many
health issues, especially anything over 55 dB.
Kevin Calhoun believed there has been an increase in noise and that flight altitudes decreased in
early August 2017. He discussed his observations during two different monitoring measurements
he conducted at Station 7 and provided photos. He requested that planes fly at higher altitudes
and lower speeds be implemented to reduce noise.
Renee Polk -Johnson believed NextGen has adversely impacted residents' quality of life and the
FAA could be in violation of Goal 7 of Vision 100 — Century of Aviation Reauthorization Act. She
discussed studies relative to health impacts as a result of residing near airports and requested
that the City update its question/answer webpage.
Richard Mau suggested lengthening the runway on both ends. City Manager Kiff expressed
concern that this could bring opportunity for larger planes.
Jo Carol Hunter requested and received examples of dB levels from City Manager Kiff, and took
issue that Airport Consultant Tom Edwards has disagreed with residents that believe planes are
flying at lower altitudes.
Lee Pearl, Balboa Island Improvement Association, provided letters from several homeowner
associations surrounding Balboa Island requesting relief from airport noise and pollutants. He
believed the City should set public policy to recognize the areas in the flight path after the
narrowing at the Back Bay, the impacts of noise and pollutants on those communities, to protect
quality of life and encourage planes to fly over mostly water and the least number of residents.
He suggested postponing the adoption of the resolution so these points could be included and
noted that a petition is being circulated.
Mayor Muldoon received confirmation from City Manager Kiff that STAYY would go over the
Balboa Island ferry and is more precise than RNAV, but he is unsure if it can fan out.
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Joe August provided photos from noise research he conducted on Santiago Drive and discussed
his noise reading findings. He suggested hiring an outside agency to set up monitors closer to
where planes are actually flying.
In response to John Sturgess' question, City Manager Kiff believed that planes are authorized to
fly close to the current flight paths during Santa Ana winds and clarified that NextGen applies to
arrival flights.
Jim Mosher believed JWA's online flight pattern is accurate, highlighted aspects in the 2008
ARTS Study to alleviate some of the nuisances, suggested placing the 2008 ARTS Study on the
City's website, and believed that JWA's online system should also provide noise monitor readings.
Brian Ouzounian encouraged the City to find every advantage it can, discussed his experience on
the Santa Monica Airport Commission, suggested having an avenue to publicly list which airlines
are violating the noise limits, and encouraged seeking Congressional assistance.
Airport Consultant Tom Edwards reported NextGen deals with arrivals coming from the north,
air carriers use the new descent procedure because it consumes less fuel but oftentimes is closer
to residents, changes were made to move arrival patterns to the west during Santa Ana winds,
and the County indicated they will continue to monitor altitude levels.
In response to Council questions, City Manager Kiff believed Mayor Muldoon provided good ideas,
reminded everyone that the City must abide by the Settlement Agreement, agreed that it may be
time for a new approach, the Airbus A320 neo airplane is more fuel efficient but it takes time to
change out a fleet, reported the FAA prefers narrowing over fanning patterns but the litigation
may assist with this, and discussed the economics for the airline industry. Airport Consultant
Tom Edwards believed that JWA's noise office is very responsive compared to other airports and
emphasized that the Settlement Agreement came about because the City also had cooperation
from the County.
Regarding quieter jets, Mayor Pro Tem Duffield cautioned that, if jets can produce more thrust
with less noise, the airline carriers might be able to add more seats/passengers while staying
within the noise limits.
III. PUBLIC COMMENTS
Brian Ouzounian emphasized the need for everyone to be prepared in the event of a disaster.
Jim Mosher believed that more information should be provided about the Closed Session item and the
written arguments should be made available online.
Renee Polk -Johnson requested that the City amend its online airport issues question/answer page and
cited inconsistencies with the 2008 ARTS Study.
City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss
the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Newport Beach u. United States Federal Auiation Administration et al.
United States Court of Appeals for the District of Columbia Circuit Case Number 17-1008
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V. RECESS 25:44 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Will O'Neill,
Council Member Scott Peotter, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon
Absent: Council Member Jeff Herdman (excused)
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that there were no reportable actions taken.
IX. INVOCATION - Twila True, Twila True Fine Jewelry and Watches
Ms. True provided her background and discussed the True Sioux Hope Foundation
(true si ouxhop e. org).
X. PLEDGE OF ALLEGIANCE - Council Member O'Neill
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM)
Council Member O'Neill:
• Presented a proclamation to Newport -Mesa ProLiteracy for International Literacy Day
• Participated in the Fire Ops 101 Program
• Attended the Newport Beach Police Association Charitable Foundation Golf Classic to support the
1/1 Marine Foundation, the Newport Coast Community Center's 10th Anniversary Celebration, the
Annual Newport Beach Fire and Lifeguard Appreciation Dinner, and the Argyros Girl Scout
Leadership Center Grand Opening
• Announced that the Corona del Mar Sandcastle Contest will be held on October 1, 2017, and the
Crystal Cove Soiree will be held on October 7, 2017
Council Member Dixon:
Attended the Newport Beach Historical Society's 50th Anniversary Event, the Argyros Girl Scout
Leadership Center Grand Opening, the Lido House Hotel Hardhat Tour, the Annual Newport Beach
Fire and Lifeguard Appreciation Dinner, and the ACC -OC Federal Advocacy Trip to Washington DC
Conducted her 17th Town Hall Meeting
Accepted the Rose Award from OCTax for the City's passage of Measure MM at the November 2016
General Municipal Election
Council Member Avery:
• Attended the Annual Newport Beach Fire and Lifeguard Appreciation Dinner, the Argyros Girl Scout
Leadership Center Grand Opening, the Balboa Island Carnival, and the Newport Beach Historical
Society's 50th Anniversary Event
Mayor Muldoon:
• Requested a future agenda item to hire a Washington DC lobbyist to help the City and Airport
Consultant Tom Edwards work with the FAA and County; enter into direct communications with the
major air carriers; and come up with a method to track sound levels to confirm that decibel readers
are accurate
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
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Regarding Item 6 (FAA's Implementation of NextGen at John Wayne Airport), Alexander Gonzalez,
representing Congressman Dana Rohrbacher's office, read Congressman Rohrbacher's proposed
amendments to the FAA Reauthorization Bill (H.R. 2997).
In response to Jim Mosher's comment, City Attorney Harp reported that copies of amended Resolution
No. 2017-63 (Item 6) were available during the Study Session, but all the copies were taken. He discussed
the amendments and indicated that he will provide Mr. Mosher with a copy.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 12, 2017 City Council Meeting [100-2017]
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION
3. Adoption of an Ordinance Amending Setback Maps S -3A and S -3B (PA2016-066) [100-2017]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations)
because it has no potential to have a significant impact on the environment; and
b) Conduct second reading and adopt Ordinance No. 2017-13, An Ordinance of the City Council of
the City of Newport Beach, California, Amending the Newport Beach Municipal Code Related to
Certain Front Yard and Side Yard Setbacks (PA2016-066).
4. Amendment to Newport Beach Municipal Code 14.24.065 (2nd Reading) and Resolution
Adopting Sewer Rates [100-2017]
a) Determine these actions are exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because these actions
will not result in a physical change to the environment, directly or indirectly;
b) Conduct second reading and adopt Ordinance No. 2017-15, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport
Beach Municipal Code Pertaining to Sewer Use Charge; and
c) Adopt Resolution No. 2017-61, A Resolution of the City Council of the City of Newport Beach,
California, Establishing Sewer Charges Effective January 1, 2018 and Four Years of Phased In
Increases Thereto.
Mayor Muldoon voted "no" on Item 4.
RESOLUTION FOR ADOPTION
6. Resolution No. 2017-63 Relating to the FAA's Implementation of NextGen at John Wayne
Airport [100-2017]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly; and
b) Adopt amended Resolution No. 2017-63, A Resolution of the City Council of the City of Newport
Beach, California, Relating to the Federal Aviation Administration's Implementation of the
Southern California Metroplex Project at John Wayne Airport.
CONTRACTS AND AGREEMENTS
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Annual Concrete Replacement Program: FY17 - Notice of Completion for Contract
No. 7009-1 (171106) [381100-2017]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On December 13, 2016, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one (1) year after acceptance by the City Council.
S. Balboa Ocean Pier Pile Repairs Project - Notice of Completion for Contract
No. 8188-2 (171103) [381100-2017]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On May 9, 2017, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one (1) year after acceptance by the City Council.
9. 2017-2018 Playground Improvement Project - Award of Construction Contract
No. 8494-1 (18P01) [381100-2017]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (Replacement or Reconstruction), on the basis that the project consists of the
replacement or reconstruction of existing public facilities, involving no expansion of capacity, of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 8494-1 to R.E. Schultz Construction, Inc. for the total bid price of
$211,735.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish approximately $21,265.00 (approximately 10 percent), contingency amount to cover the
cost of unforeseen work not included in the original contract.
10. Approval and Award of Agreement to Streetlight Restoration Specialists, Inc. for
Streetlight Pole Painting Services (C-7051-2) [381100-2017]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly; and
b) Approve Agreement with Streetlight Restoration Specialists, Inc. for streetlight pole painting
services for a term of five years and total amount not -to -exceed $300,000, and authorize the Mayor
and City Clerk to sign the agreement.
11. Approval of Amendment No. One to Agreement with Emilio Ramirez dba RAMCO General
Engineering Contractors for As -Needed General Building Maintenance and Repair
Services (C-8288-2) [381100-2017]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One with Emilio Ramirez dba RAMCO General Engineering
Contractors for as -needed general building maintenance and repair services, increasing the
compensation by $21,000 to $141,000, and authorize the Mayor and City Clerk to sign the
agreement.
12. Contract with Former City Employee, Michelle Caldwell (C-8216-2) [381100-2017]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly; and
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b) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former
employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position
of Police Dispatcher until all vacancies can be filled.
MISCELLANEOUS
13. Budget Amendment to Accept a Check in the Amount of $18,000 from the California State
Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year
2017/2018 Maintenance and Operation Budget) [100-20171
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly; and
b) Accept a check in the amount of $18,000 from the California State Library for Literacy Services
(CLLS) and approve Budget Amendment No. 18BA-008 to increase expenditure by the same
amount in Division 01060604-711003 (Literacy Services).
14. Appointment of Board Member and Alternate Board Member to the Metro Cities Fire
Authority [100-20171
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result
in a physical change to the environment, directly or indirectly; and
b) Appoint the Assistant City Manager as the voting member and the Deputy City Manager as the
Alternate. The Metro Cities Fire Authority rotates Fire Chiefs on the Board every two years.
When the Newport Beach Fire Chief is eligible to be on the Board as a voting member, the
Assistant City Manager will be the alternate.
Motion by Mayor Pro Tem Duffield, seconded by Council Member Peotter, to approve the
Consent Calendar, except for the item removed (Item 5); and noting Mayor Muldoon's "no" vote on
Item 4.
The motion carried by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Absent: Council Member Jeff Herdman
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
5. Proposed Revisions to Mooring Specifications - Harbor Commission Recommendation
[100-20171
Out of an abundance of caution, Mayor Pro Tem Duffield recused himself from this item
and left the dais.
Council Member O'Neill believed that more input was needed from the Newport Mooring Association.
John Panek referenced correspondence he submitted and expressed concerns relative to the chain
specifications.
Carter Ford, Newport Mooring Association, requested continuing this item until after they meet with
Harbormaster Durgan and they receive the results of a survey at their meeting in late October. He
believed it would take two years to change out all the moorings.
In response to Council Member O'Neill's question, Harbor Resources Manager Miller indicated the
hope was to have the resolution adopted before the winter season, but he does not see an issue with
continuing it to November.
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Council Member Avery expressed support for continuing the item and receiving more input from the
Newport Mooring Association. He noted how severe winter storms have been over the years.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to continue the item
to the November 14, 2017 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill, Mayor Muldoon
Recused: Mayor Pro Tem Duffield
Absent: Council Member Jeff Herdman
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Richard Newhouse discussed the storage facility fire on Production Place, asked the City to release the
surveillance video to him, and displayed photos of the fire.
Ty Hansen displayed a photo of and discussed the storage facility fire on Production Place.
City Attorney Harp reported that Mr. Newhouse and Mr. Hansen have submitted claims against the City
for the incident and his office will be scheduling a meeting with them to discuss their concerns.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. PUBLIC HEARING
/m
15. Non -Exclusive Commercial Solid Waste Franchises [421100-20171
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) determine this
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and c) waive full reading, direct the City Clerk to
read by title only, introduce Ordinance No. 2017-16, An Ordinance of the City Council of the City of
Newport Beach, California, Granting Non-exclusive Solid Waste Franchises to Provide Solid Waste
Handling Services within the City of Newport Beach, and pass to second reading on October 10, 2017.
The motion carried by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Absent: Council Member Jeff Herdman
16. Sculpture Exhibition in Civic Center Park - Phase III (C-8524-1 to C-8524-10) [381100-20171
City Arts Commissioner Greer reported she chaired the Sculpture Garden Subcommittee, thanked
the City, and discussed the selection criteria, public outreach, and benefits of the sculpture exhibit.
Rick Stein, Arts Orange County, highlighted the selection criteria and process, discussed who
participated on the judging panel, reported on the public outreach process, and announced that the
sculptures will be installed by October 28, 2017.
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Professor Joe Lewis, Professor of Art at UCI, utilized a PowerPoint presentation to review the
sculptures and their placement in the Civic Center Park.
Mayor Muldoon commended and discussed the use of the online survey.
Due to view plain concerns, Council Member O'Neill suggested switching the locations of Burnt
Matchstick and Be Still and Know.
Council Member Dixon thanked the City Arts Commission and consultants, and commended the use
of the online survey. She believed the sculpture garden is becoming a must -see location.
Barry Allen expressed his disagreement with some of the sculptures selected and hoped the sculptures
do not impede his view plain.
Jim Mosher concurred with Council Member O'Neill's suggestion, but took issue with relocating the
Ronald Reagan Centennial Memorial statue without receiving public input or discussion.
City Attorney Harp reported that discussion about the Reagan statue went before the City Arts
Commission, but they were not able to develop a recommendation to bring to Council.
George Schroeder thanked the City Arts Commission and everyone involved in the effort, and
reminded everyone that the sculptures are temporary.
Joy Brenner commended Council and the City Arts Commission for trying to bring public opinion into
the sculpture selection, but expressed hope that the public will also be able to vote on all the selections,
not just one sculpture.
Discussion ensued relative to view plains for the residents above the Civic Center.
Motion by Council Member O'Neill, seconded by Council Member Peotter, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to
the environment, directly or indirectly; and b) approve the nine sculptures and the proposed locations
within the Civic Center Park as recommended by the City Arts Commission for the temporary
sculpture exhibit, but consider interchanging the placement of Burnt Matchstick and Be Still and
Know.
Council Member Avery noted that art is supposed to inspire a reaction.
Library Services Director Hetherton assured that the proposed locations were chosen with an
abundance of caution and discussed the thought process behind deciding where to place Burnt
Matchstick and Be Still and Know. Council Member Dixon suggested conducting some type of visual
height test on the two sculptures.
The motion carried by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Absent: Council Member Jeff Herdman
17. Implementation of Improvements and Efficiencies with Records Management in the City
Clerk's Office [100-20171
City Clerk Brown utilized a PowerPoint presentation to highlight the City's records management
process, the proposed position requests, impacts of increased Public Records Act (PRA) requests, how
a records request is handled, and the maintenance of paper and electronic records.
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In response to Council questions, City Clerk Brown explained how the proposal is cost neutral, even
though it would create a full-time position, and confirmed that the request would be beneficial to
fulfilling the increased records management demands. City Manager Kiff noted the difficulty in
managing records requests and expressed the opinion that the position requests and budget are
appropriate, the City Clerk knows her office well, and the current Records Specialist is very
competent.
Council Member O'Neill noted that the public can view Public Records Act requests at
newportbeachca.gov/prar and expressed his appreciation for the effort.
Council Member Peotter commended City Clerk Brown for the office's records management efforts,
reported that the City Clerk was directed by Council to be diligent with records management after
the lawsuit, and encouraged keeping the systems automated and to continue moving forward.
Barry Allen stated he has worked on records lawsuits for the County and discussed how the court
reacts to the mishandling of records. He believed that the City Clerk's Office should ask for even
more staff than proposed because settlements could be very costly.
Jim Mosher supported the spirit of Mr. Allen's comments, but questioned the Position Worksheet
since it appears to be reducing staff. City Clerk Brown explained the desire to transition from using
temporary positions to a year-round position.
Motion by Council Member O'Neill, seconded by Council Member Avery, to a) determine that
the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to
the environment, directly or indirectly; and b) adopt Resolution No. 2017-64, A Resolution of the City
Council of the City of Newport Beach, California, Amending the Classifications of Positions and
Staffing Structure in the City Clerk's Office.
The motion carried by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Absent: Council Member Jeff Herdman
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 5:36 p.m.
The agenda was posted on the City's website and on the City HallXlectronic Bulle 'n Bo#d
located in the entrance of the City Council Chambers at 0 C' ent Dri on
September 21, 2017, at 4:00 p.m.
Leilani I. Brown
City Clerk
Mayor
�qu Fowl
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