Loading...
HomeMy WebLinkAbout01/12/2016 - Study Session / Regular Meeting CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting January 12, 2016 I. ROLL CALL -3:30 p.m. Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Absent: Mayor Pro Tem Muldoon (excused) H. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar-None SS2. 2015 Junior Lifeguard of the Year Mayor Dixon presented Aaron Clark, Newport Beach Junior Lifeguard of the Year, with a Proclamation. Lifeguard Operations Assistant Chief Williams presented Aaron with a Fire Department Plaque and $250. Aaron thanked his family, the Newport Beach Junior Lifeguard Program, and City Lifeguards for the honor. SS3. Towing Fees, Towing Services Police Sergeant Rachel Johnson provided a PowerPoint presentation to address law enforcement towing, the decline in the number of vehicles towed for law enforcement purposes, and changes that have impacted the number of vehicles towed. Senior Accountant Schweitzer presented information on fees, including total revenues from franchise fees and vehicle impound release fees over the last six years. She also reviewed fees to ensure related costs are being recovered, results of the consultant studies, recommendations relative to franchise fees, and a comparison of fees by surrounding cities. Assistant to the City Manager Houston addressed the RFP process, including Code requirements, Police Department review of towing services, related efficiencies, scoring criteria, proposals received, evaluation of proposals, keeping in line with surrounding communities, recommended providers, and the towing rate schedule. He reported that the towing companies suggested an increase in their fees of 17%, but the City negotiated a reduced rate of 5%. He presented recommendations that will be brought for Council consideration at a future meeting. Council Member Petros commented on the current towing fee to residents and the recommended increase of approximately 39%. He questioned constraints placed on operators and Assistant to the City Manager Houston explained that the 39% increase came from the actual cost of service. Council Member Petros indicated that he does not see the fairness on both sides of the transaction. Jim Mosher commented positively on the presentation and noted that the RFP process began in 2013 and that the current contracts expired on December 31, 2014. He expressed concern that the operators have been working without a contract for a little over a year. He also commented on the accessibility of the RFP on the City's and a third party's websites. Volume 62 -Page 526 City of Newport Beach Study Session and Regular Meeting January 12, 2016 Alex Mohamed, Southside Towing, reported that staff expressed that they did not fit the criteria because of the size of their property and noted that the MetroPro Towing property is 1,000 square feet smaller than their property and should be allowed to also have an overflow yard, which would put them over the standard requirements. He expressed concern that they were not able to present extra services they could provide to the City, such as street sweeping to clean up after major accidents. Additionally, he reported that they build their own trucks and would be able to absorb related costs. Further, they have a water clarifier which would stop toxins from flowing into the storm drains. He reported that they only service CHP and the Orange County Sheriff's Department so they only use approximately 1110th of their facility. In addition, they are able to handle administration and collection of fees. Joey Campbell, MetroPro Towing, commented on the contract structure and on the length of the RFP process. Wayne Miller, G&W Towing, spoke in support of staffs recommendations and expressed concerns regarding the reduced volume of towing demand. Council Member Curry commended the Police Department for their analysis and agreed with staff's recommendations. He added that in 10-years, he has received no complaints regarding the City's towing services. In response to Council Member Peotter's questions, Assistant to the City Manager Houston noted that direct electronic submittal may be possible and that no parking ticket revenue collection was factored into the recommended contracts. City Manager Kiff indicated that revenue from parking enforcement would not be associated with towing and the associated revenue. That revenue is accounted for in another fund and parking ticket revenue would be collected whether or not the vehicle was towed. Sergeant Johnson responded to Council Member Peotter's questions regarding evaluation of the towing sites, property sizes, and indoor storage versus outside storage. She added that greater consideration is given to indoor storage as vehicles involved in crimes need to be stored indoors and may be stored for many years. She reiterated information regarding the evaluation criteria used. Council Member Peotter indicated he would like to see the RFP restored, based on available square footage rather than total square footage. Council Member Curry believed that there is no need recirculate the RFP again or manipulate the scoring so political friends win. He added that staff did a very comprehensive, methodical job, and recommended moving forward with the matter. Mayor Dixon asked regarding the possibility of verifying square footage. Sergeant Johnson noted that would be possible, but added that MetroPro Towing already has an agreement with G&W Towing to make up differences in square footage. City Manager Kiff indicated that he is seeking direction as to whether or not to bring recommendations for approval of the top-ranked providers. Mayor Dixon responded affirmatively. SS4. LED Streetlights Municipal Operations Co-Director Murdoch provided a PowerPoint presentation to address energy efficiency in the City. He introduced Rebecca Houser with the Energy Network and Volume 62 -Page 527 City of Newport Beach Study Session and Regular Meeting January 12, 2016 provided a summary of the work they have done, at no cost, to help the City. He reported on the City's partnership with other agencies and cities in Orange County and savings achieved. Rebecca Houser, the Energy Network, reported on her organization and its programs to help cities implement energy efficiency practices. She addressed upgrading the City's streetlights to LED and on the benefits of doing so. Additionally, she provided a brief overview on how the City's energy bills will remain neutral and discussed recommendations. Municipal Operations Co-Director Murdoch addressed the number of lights replaced so far, as well as the number remaining. He noted that City buildings and facilities already use high- efficiency lighting. Council Member Petros commented on utility undergrounding and related challenges. He asked if there is consideration where undergrounding may have efficiency benefits or savings. Municipal Operations Co-Director Murdoch stated that he would have to look into the matter. Jim Mosher spoke in support of the recommendation and commented on the City's previous adoption of an independent energy action plan and its reference to a 15-year streetlight master plan. He asked regarding the status of the latter and wondered regarding the total energy budget for municipal lighting versus residential/commercial lighting. Bruce Bell, Howard Lighting Industries, commented on his organization and asked regarding the bidding process for the project. He also addressed additional incentives provided by SCE, as well as other programs that his company may provide. Municipal Operations Co-Director Murdoch reported that the City will not replace any light poles and addressed the process once Council approves the matter. He stated that SCE has contractors to do the work so that the City will not be going through an RFP process. Council Member Curry asked regarding a grant received by the City for streetlight retrofitting. Public Works Director Webb stated that he does not remember the amount of the grant, but he does recall a grant received through the Recovery Act and commented on other incentives received over the years for streetlight projects. III. PUBLIC COMMENTS Jim Mosher thanked staff for listing only the specific Employee Organization for which discussion will take place under Closed Session Item A. He asked about the difference between the Newport Employee Association and the Newport Beach Employees League, and asked whether employees have an opportunity to decide who will be representing them. He referenced Closed Session Item E and believed there is a lack of transparency regarding the matters to be discussed. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION— 4:33 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, and Barbara Salvini, Human Resources Director. Employee Organizations: Newport Beach Employees League (NBEL). Volume 62-Page 528 City of Newport Beach Study Session and Regular Meeting January 12, 2016 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code §54957 (b)(1)) Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code § 54957.6) Agency Designated Representative: Council Member Tony Petros Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1 Newport Pier, Newport Beach, California Agency Negotiator: Lauren Wooding and Seimone Jurjis Negotiating Parties: Blue Water Grill, Cube Restaurants, Machani Group Under Negotiation: Instruct negotiator as to price and terms of payment. E. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION-SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(d)(2)and (e)(1)): 2 matters F. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Government Code§54956.9(a),(d)(1)): 1 matter Banning Ranch Conservancy, et al. u. City of Newport Beach, et al. Orange County Superior Court, Case No. 30-2012-00593557 California Court of Appeal, 4th District, Division 3, Case No. G049691 California Supreme Court, Case No.5227473 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Absent: Mayor Pro Tem Muldoon (excused) VIII. CLOSED SESSION REPORT- None IX. PLEDGE OF ALLEGIANCE- Council Member Selich X. INVOCATION - Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church XI. NOTICE TO THE PUBLIC Volume 62 -Page 529 City of Newport Beach Study Session and Regular Meeting January 12, 2016 XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS Council Member Petros reported participating in a coastal clean-up hosted by Dory Deli and commented positively on the event. Additionally, he attended the Southern California Association of Governments (SLAG) unveiling of the Regional Transportation Plan (RTP). He encouraged City Manager Kiff and staff to follow-up after completion of the RTP to possibly receive Sustainable Planning Grants in the summer. Council Member Curry congratulated Mayor Pro Tem Muldoon on his recent marriage and reported he is currently on his honeymoon. Additionally, he reported that Verizon has withdrawn their appeal of the Planning Commission's action regarding a recent application for a cell tower. He stated that Verizon will retool the project to a different location and will return with an application to the City. Council Member Selich announced that Speak Up Newport will meet from 6:00 p.m. to 7:00 p.m. in the Civic Center Community Room on January 13, 2016, for a presentation by the Police Department on "Preparing for the Unthinkable.". Mayor Dixon announced the grand opening of the Credit Union of Southern California at the Central Library on January 13, 2016, from 4:00 p.m. to 6:00 p.m. Additionally, she announced that, on January 25, 2016, at the Central Library Friends Room at 7:00 p.m., a lecture will be provided regarding "Researching Ways to Make Memories Last a Lifetime" which deals with Alzheimer's Disease and memory enhancement. She reported that the Recreation and Senior Services Department is accepting donations of coats and blankets through January 22, 2016, in conjunction with OneWarmCoat.org. She commented on El Nino and asked staff to provide an update. Municipal Operations Director Pisani provided a PowerPoint presentation to address sandbags distributed to the public and beach clean-up. Mayor Dixon commended Dory Deli on their recent hosting of a beach clean-up event. XVIII. PUBLIC HEARINGS (Pursuant to City Council Policy A-6, Items 16,17 & 18 are being taken out of order) 16. Proposed Assessment District No. 111 - Area Bounded by 31st Street, Ocean Front, 23rd Street and Newport Boulevard [38/89/100-20161 Council Member Curry recused himself from this Item due to a stockholder conflict. Mayor Dixon opened the public hearing. Richard Grossman thanked staff for their work and efforts on this matter. He commented on his experience reaching out to the City and reported forwarding several concerns to the City Attorney's Office. He noted the importance of residents having pertinent information, including foreclosures and liens placed on properties. He asked if property owners will be held responsible for increases in assessments and whether the project will be held up from going forward if someone in the Assessment District refuses to participate. City Attorney Harp reported that his office advises staff and deferred to the City's Bond Counsel for a response. Brian Forbath, Stradling, Yocca, Carlson & Rauth, City Bond Counsel, reported that property owners will not be responsible for cost overruns. If bids are more than the assessment, there is no assurance that the project will get built and offered options. He added that residents who do not Volume 62 - Page 530 City of Newport Beach Study Session and Regular Meeting January 12, 2016 participate, will not hold up the project. He indicated that, if the matter passes, those property owners will have a lien on their property and will have an obligation to pay on an annual basis. In response to Mr. Grossman's question regarding approval by 50% of the voters, Mr. Forbath reported that the City has a majority protest provision and explained the related process. Mary Hyatt asked if SCE ever figured out why underground vaults were exploding in the City of Long Beach. She asked whether the lien must be paid off before selling a property. Public Works Director Webb believed that the Long Beach incident was an isolated case and stated he does not have the details on the matter. Mr. Forbath reported that the lien does not need to be paid off before selling a property and that it travels with the home. City Clerk Brown announced that those counting ballots have been deputized to do so. Hearing no further testimony, Mayor Dixon closed the public hearing. She announced that the ballots will be counted at this time and the results will be announced once the tabulations have been completed. City Clerk Brown announced that, based on the tabulations for the ballots received, 58.1% of the ballots were submitted in favor of the Assessment District for a total assessment of $1,500,404.08. 41.9% of the votes were submitted in opposition, for a total assessment of $1,080,769.41. Motion by Council Member Peotter, seconded by Council Member Petros, to a) adopt Resolution No. 2016-5, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 111, overruling protests, approving final engineer's report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 111, since there was greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted; and b) approve Budget Amendment No. 16BA- 022 authorizing an advance from the General Fund in the amount of $ 269,030 to Assessment District No. 111 and appropriating $130,000 to Account No. 66002-941027 for electrical utility design by SCE, $39,030 to Account No. 66002-941005 for phone system design by AT&T and $100,000 to Account No. 66002-941006 for assessment engineering services; and transferring expenses from Account No. 65002-941006 to 66002-941006 in the amount of $36,223.75 for assessment engineering services paid to date. Funds remaining in this fiscal year will be carried forward to future annual budgets per Council Policy F-3. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Dixon Recused: Council Member Curry Absent: Mayor Pro Tem Muldoon 17. Proposed Assessment District No. 116 - Area Bounded by Channel, East of River Avenue/38th Street/Balboa Boulevard and 44th Street [38/89/100-2016] Council Member Curry recused himself from this Item due to a stockholder conflict. Mayor Dixon opened the public hearing. Volume 62 - Page 531 City of Newport Beach Study Session and Regular Meeting January 12, 2016 Paul DeRidder provided a summary of the process and thanked resident volunteers and staff for their hard work, Mayor Dixon, and all the property owners who voted for the Assessment District. Hearing no further testimony, Mayor Dixon closed the public hearing. She announced that the ballots will be counted at this time and the results will be announced once the tabulations have been completed. City Clerk Brown announced that those counting ballots have been deputized to do so. City Clerk Brown announced that, based on the tabulations for the ballots received, 74.3% of the ballots were submitted in favor of the Assessment District for a total assessment of $1,000,006.33. 25.7% of the votes were submitted in opposition, for a total assessment of $346,214.68. Motion by Council Member Peotter, seconded by Council Member Petros, to a) adopt Resolution No. 2016-6, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 116, overruling protests, approving final engineer's report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 116, since there was greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted; and b) approve Budget Amendment No. 16BA- 023 authorizing an advance from the General Fund in the amount of $141,270 to Assessment District No. 116 and appropriating $85,000 to Account No. 65902-941027 for electrical utility design by SCE, $21,270 to Account No. 65902-941005 for phone system design by AT&T and an additional $35,000 to Account No. 65902-941006 for assessment engineering services; and transferring expenses from Account No. 65002-941006 to 65902-941006 in the amount of $36,255.00 for assessment engineering services paid to date. Funds remaining in this fiscal year will be carried forward to future annual budgets per Council Policy F-3. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Dixon Recused: Council Member Curry Absent: Mayor Pro Tem Muldoon 18. Proposed Assessment District No. 116B - Area Bounded by Balboa Boulevard/Neptune Avenue/47th Street/45th Street/Channel Road [381891100-20161 Council Member Curry recused himself from this Item due to a stockholder conflict. Mayor Dixon opened the public hearing. George Schroeder spoke about undergrounding costs and reported that utility undergrounding will improve property values. He added that the cost of undergrounding will be offset by increased property values. Hearing no further testimony, Mayor Dixon closed the public hearing. She announced that the ballots will be counted at this time and the results will be announced once the tabulations have been completed. City Clerk Brown announced that those counting ballots have been deputized to do so. Volume 62 - Page 532 City of Newport Beach Study Session and Regular Meeting January 12, 2016 Public Works Director Webb expressed his appreciation to City staff for their work on this matter. City Clerk Brown announced that, based on the tabulations for the ballots received, 60.6% of the ballots were submitted in favor of the Assessment District for a total assessment of$343,169.00. 39.4% of the votes were submitted in opposition,for a total assessment of$223,401.94. Motion by Council Member Peotter, seconded by Council Member Petros, to a) adopt Resolution No. 2016-7, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 116B, overruling protests, approving final engineer's report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 116B, since there was greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted; and b) approve Budget Amendment No. 16BA- 024 authorizing an advance from the General Fund in the amount of $105,560 to Assessment District No. 116B and appropriating $35,000 to Account No. 66102-941027 for electrical utility design by SCE, $10,560 to Account No. 66102-941005 for phone system design by AT&T and $60,000 to Account No. 66102-941006 for assessment engineering services; and transferring expenses from Account No. 65002-941006 to 66102-941006 up to $25,000 for assessment engineering services contracted to date. Funds remaining in this fiscal year will be carried forward to future annual budgets per Council Policy F-3. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Dixon Recused: Council Member Curry Absent: Mayor Pro Tem Muldoon XIII. PUBLIC COMMENTS ON CONSENT CALENDAR City Manager Kiff noted that there is an amendment to Item 3 (Water Efficient Landscape Ordinance Amendment) that should be adopted along with the item. Additionally, relative to Item 14 (Request to Waive City Council Policy A-5), he reported that when the City Arts Commission raises funds, they are processed through the City and the City Council controls all of the funds of the City. Regarding Item 12 (Annual Mayoral Appointments), Jim Mosher asked regarding the status of the Ad Hoc Building Committee. City Manager Kiff reported that there is no Building Committee at this time. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the December S, 2015 Regular Meeting[100-20151 Waive reading of subject minutes, approve as amended, 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. Volume 62 - Page 533 City of Newport Beach Study Session and Regular Meeting January 12, 2016 ORDINANCE FOR INTRODUCTION S. Water Efficient Landscape Ordinance Amendment (NBMC Chapter 14.17) [100-20151 a) Find that the adoption of Code Amendment No. CA2015-001 is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for the Protection of Natural Resources); and b) Introduce Ordinance No. 2015-34, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.17 of Title 14 of the Newport Beach Municipal Code in its Entirety Pertaining to Regulations Required for Water Efficient Landscaping (PA2015- 169), and pass to second reading on January 26, 2016. RESOLUTIONS FOR ADOPTION 4. Resolution Updating the List of Designated Employees for 2016 Under the City's Conflict of Interest Code [100-20151 Adopt Resolution No. 2016-1, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Updated Designated Employees List for 2016. 5. City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines) [100-2015] Continue the item to a future City Council meeting. 6. Adoption of Memoranda of Understanding with the Newport Beach City Employees Association (C-2059) and the Newport Beach Professional and Technical Employees Association (C-2051) [381100-20151 a) Adopt Resolution No. 2016-3, A Resolution of the City Council of the City of Newport Beach, California,Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association for the Period July 1, 2015 through December 31, 2018; and b) Adopt Resolution No. 2016-4, A Resolution of the City Council of the City of Newport Beach, California,Adopting a Memorandum of Understanding between the City of Newport Beach and the Newport Beach Professional and Technical Employees Association for the Period July 1, 2015 through December 31, 2018. CONTRACTS AND AGREEMENTS 7. Grand Canal Emergency Sand Maintenance Work - Notice of Completion and Acceptance of Contract No. 6274 (161115)[381100-20151 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond sixty-five (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. 8. Professional Service Agreement with PlaceWorks for Environmental Services for the Proposed 180-Room Hotel Project Located at 4311 Jamboree Road (PA2015-208) (C-6420) [381100-20151 Authorize the City Manager to execute the SCE incentive application, OBF application, OBF agreement and other documents related to the application process with SCE for the City-Wide LED Streetlight Retrofit. Volume 62 -Page 534 City of Newport Beach Study Session and Regular Meeting January 12, 2016 XV. XVI. 9. City -Wide LED Streetlight Retrofit (C-6421) [381100-2015] Authorize the City Manager to execute the SCE incentive application, OBF application, OBF agreement and other documents related to the application process with SCE for the City -Wide LED Streetlight Retrofit. 10. Tentative Agreement with the Newport Beach Firefighters Association (C2060) [38/100- 2015] Receive and file the Tentative Agreement between the City of Newport Beach and the Newport Beach Firefighter's Association. 11. Tentative Agreement with the Newport Beach Fire Management Association (C-2946) [381100-2015] Receive and file the Tentative Agreement between the City of Newport Beach and the Newport Beach Fire Management Association. MISCELLANEOUS 12. Annual Mayoral Appointments [100-2015] Confirm Mayor Diane B. Dixon's appointments under City Council Policy A-9, as provided in the staff report. 13. Code Amendment Initiation for Properties Located at 3008, 3010, and 3012 Balboa Boulevard [100-2015] Initiate an amendment to Zoning Code Setback Map. No S-213 that specifies five feet as the required front yard setback for 3008, 3010, and 3012 Balboa Boulevard. 14. Request to Waive City Council Policy A-5, Fund Raising/Contracts by City Boards, Commissions, or Committees [100-2015] Staff requests that City Council waives Council Policy A-5, Fund Raising/Contracts by City Boards, Commissions, or Committees, and allow the City Arts Commission to independently raise and collect funds on behalf of itself for arts programming and projects in the City of Newport Beach. 15. Budget Amendment to Accept a Check in the Amount of $22,805 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2015/2016 Maintenance and Operation Budget [100-2015] Approve Budget Amendment No. 16BA-021 to increase revenue estimates by $22,805 in account 01060005-431070 (California Literacy Campaign) and to increase expenditure estimates by the same amount in Division 01060604-711003 (Literacy Services). Motion by Council Member Petros, seconded by Council Member Curry, to approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Absent: Mayor Pro Tem Muldoon ITEMS REMOVED FROM THE CONSENT CALENDAR — None PUBLIC COMMENTS ON NON -AGENDA ITEMS Volume 62 - Page 535 City of Newport Beach Study Session and Regular Meeting January 12, 2016 Dorothy Kraus, Stop Polluting Our Newport (SPON), referenced an email sent to the City Council and asked that Council consider televising the Planning Commission meetings and airing them on the City's website. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry reported that the Finance Committee will meet on January 14, 2016, at 3:00 p.m. Mayor Dixon announced that the Balboa Village Advisory Committee (BVAC) will meet on January 13, 2016, at 4:00 p.m. at Marina Park. Additionally, she reported that the annual City Council Planning Session will be held at 9:00 a.m. on January 23, 2016, at Marina Park. XVIII. CURRENT BUSINESS 19. Appointment of Jay Johnson as Interim Police Chief(C-4578)[381100-2015] City Manager Kiff provided the staff report and asked that Council approve a contract with Mr. Johnson until a new Police Chief is recruited. Jim Mosher commented on PERS requirements, referenced Council Policy F-20 (Contracts with Former Employees), and asked why the City is not availing itself on using either of the Deputy Police Chiefs instead of issuing a contract to Mr. Johnson. Motion by Council Member Curry, seconded by Council Member Petros, to a) adopt Resolution No. 2016-8, A Resolution of the City Council of the City of Newport Beach, California, Confirming Appointment of Jay R. Johnson as Interim Police Chief in Accordance with Government Code Section 21221(h)(effective January 13, 2016), and Certifying the Exception to the 180 Day Wait Period Under Government Code Section 7522.56(f)(4), and certifying that the position of Police Chief is a critical position within the City structure; and b) authorize the City Manager to execute the proposed Post Retirement Temporary Employment Agreement with Jay Johnson. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Absent: Mayor Pro Tem Muldoon 20. Harbor Commission 2016 Objectives [100-20151 Harbor Resources Manager Miller introduced Harbor Commission Chair Girling. Harbor Commission Chair Girling introduced fellow Commissioners in attendance and provided a PowerPoint presentation with the Harbor Commission's goals and objectives for 2016. Council Member Selich expressed concerns regarding regulations on boat bottom paint and asked why it is not one of the Harbor Commission's objectives. Chairman Girling noted that the City is in the process of negotiations and vetting that issue. Harbor Resources Manager Miller added that staff is working with the State Water Board to work on a creative and collaborative solution that might postpone any permanent action. Council Member Selich indicated that he would feel more comfortable knowing that the Harbor Resources Department and the Harbor Commission is monitoring that issue. Volume 62- Page 536 City of Newport Beach Study Session and Regular Meeting January 12, 2016 Council Member Selich stated that he would like the Harbor Commission to consider preserving the City's shipyards. Council Member Duffield thanked Chairman Girling and commended the Harbor Commission for its work. He encouraged his attendance at Council meetings to give regular updates regarding the Harbor Commission's accomplishments. Mayor Dixon thanked the Harbor Commission. She asked if it would be possible to have other Boards and Commissions attend Council meetings to provide updates on their activities. In response to Mayor Dixon's question, Chairman Girling reported that the Harbor Commission is looking into discovering more on regulations, education and conditions of all water-powered crafts, not just paddleboards, to ensure increased safety in the Harbor. Jim Mosher commented positively on the Harbor Commission's goals and objectives; however, stated that he is uncomfortable regarding the need for approval of the goals and objectives by Council. He agreed with Mayor Dixon's comments regarding other Commissions setting goals and objectives. Council Member Petros believed that the Harbor Commission is an exception in terms of the type of work it does and how it brings the information to Council. Motion by Council Member Petros, seconded by Council Member Selich, to approve the Harbor Commission's 2016 objectives. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Absent: Mayor Pro Tem Muldoon Mayor Dixon recessed the meeting at 8.05 p.m. in order to complete the Assessment District ballot tabulation. The meeting reconvened at 8.17 p.m. with all City Council members from the Roll Call present. The City Council proceeded to Items 16, 17 and 18. XIX, MOTION FOR RECONSIDERATION-None XX. ADJOURNMENT - Adjourned at 8:25 p.m. in memory of Captain Tim Newman, Newport Beach Police Department (Retired); and Robert Earl Johnson, Sr. The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on January 7, 2016, at 4:00 p.m. r `CYC ��WP®Rj Rec rding Secretary C`141QRMayor City Clerk Volume 62-Page 537