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CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
January 12, 2016
Volume 62 - Page 526
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)
II. 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.
January 26, 2016
Agenda Item No. 1
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Alex Mohammad, 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 1/10 th 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 staff’s 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 rescored, 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
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Study Session and Regular Meeting
January 12, 2016
Volume 62 - Page 528
Municipal Operations Co-Director Murdoch provided a PowerPoint presentation to address
energy efficiency in the City. He introduced Rebecca Houser with Energy Network and
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, 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 brie f 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.
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Study Session and Regular Meeting
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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).
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. v. 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. S227473
V. RECESS
VI. RECONVENED AT 6:15 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)
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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
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 (SCAG) 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 Niño 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
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
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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
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. For bath
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
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17. Proposed Assessment District No. 116 - Area Bounded by Channel, East of River
Avenue/38th Street/Balboa Boulevard and 44th Street
Council Member Curry recused himself from this Item due to a stockholder conflict.
Mayor Dixon opened the public hearing.
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
Council Member Curry recused himself from this Item due to a stockholder conflict.
Mayor Dixon opened the public hearing.
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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.
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
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READING OF MINUTES AND ORDINANCES
1. Minutes for the December 8, 2015 Regular Meeting [100-2015]
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.
ORDINANCE FOR INTRODUCTION
3. Water Efficient Landscape Ordinance Amendment (NBMC Chapter 14.17) [100-2015]
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 [100-2015]
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) [38/100-2015]
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 (16H15) [38/100-2015]
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.
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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)
[38/100-2015]
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.
9. City-Wide LED Streetlight Retrofit (C-6421) [38/100-2015]
Receive and consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach City Employees Association and the Newport Beach Professional and Technical
Employees Association and receive and consider the draft revisions to the Key and Management
Compensation Plan.
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)
[38/100-2015]
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-2B 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:
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Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Absent: Mayor Pro Tem Muldoon
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR – None
XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS
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) [38/100-2015]
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 [100-2015]
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.
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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.
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 8:24 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.
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City of Newport Beach
Study Session and Regular Meeting
January 12, 2016
Volume 62 - Page 538
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Recording Secretary
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Mayor
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City Clerk
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