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HomeMy WebLinkAbout01 - MinutesCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting March 13, 2018 ROLL CALL - 5:00 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield IT. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Presentation to the Newport Harbor High School Girls Water Polo Team for Winning the CIF -SS Division 2 Championship Mayor Pro Tem O'Neill congratulated the CIF Division 2 Champions and presented a certificate to the water polo team. Principal Sean Boulton and Coach Brian Melstrom discussed NHHS' championships, and the players' dedication and character. S:3, Early Look at the Proposed FY18-19 Capital Improvement Program (CIP) Council Member Herdman announced he has conflicts with the following projects due to real property interests and left the dais when the projects were discussed: Balboa Island Sound Monitoring Station, Marine Avenue Reconstruction, Balboa Island Drainage MasterPlan, Marine Avenue Drainage System Improvements, and Balboa Island Water Main Replacement. Council Member Muldoon announced he has conflicts with the following projects due to real property interests and left the dais when the projects were discussed: Annual Concrete Replacement Program and Annual Neighborhood Streets Slurry Seal; and the following projects due to business interests and left the dais when the projects were discussed: Southern California Edison Rule 20A Credit Purchase, any Underground Utilities District, and Advanced Metering Infrastructure. Council Member Dixon announced she has a conflict with the Bay Channel Main Crossings Replacement project due to real property interests and left the dais when the project was discussed. Mayor Duffield announced he has conflicts with the following projects due to business interests and left the dais when the projects were discussed: Harbor Port Plan and Eelgrass Survey. Public Works Director Webb utilized a PowerPoint presentation to discuss the City Council goals for allocation of the CIP budget, listed the projects that may/will be carried forward as - is; and highlighted the new projects under Facilities, Streets and Drainage, Transportation, Water Quality and Environmental, Parks, Harbors and Beaches, Water, Wastewater, and miscellaneous CIP budget categories and the various funding sources. In response to Council questions, Public Works Director Webb, Deputy Public Works Director Vukojevic, and City Manager Kiff discussed the Central Library lecture hall project, reported that staff surveyed all City facilities to determine needs, explained the cost estimate for the Lido Fire Station, discussed the Facilities Financial Plan (FFP), explained the evaluation of Volume 63 - Page 458 City of Newport Beach Study Session and Regular Meeting March 13, 2018 pavement throughout the City, highlighted meetings with Balboa Island committees to discuss trees and bike rack projects, discussed the Lower Sunset View Park Concept/Overcrossings project and noted it will be coming back to Council, reported the Water Master Plan will also be coming back to Council, and indicated where Underground Utilities Districts are located and confirmed that costs associated with these are paid by the residents affected by them. Acting Municipal Operations Director Catron highlighted the Advanced Metering Infrastructure project and Public Works Director Webb discussed department coordination and the Water Fund. Council Member Dixon requested a cost breakdown of the repairs/remodels/updates that have occurred at the Police Department headquarters and that the first phase of the Junior Lifeguard Headquarters be included in the budget to cover conceptual drawings, preliminary design work, etc. She also commended staff on the landscape enhancements. Without objection, Mayor Pro Tem O'Neill requested that individuals wishing to speak about the Junior Lifeguard Headquarters be allowed to speak at this time. Graham Harvey, Newport Beach Junior Lifeguard Foundation, requested Council include the design phase in the 2018 budget, explained that doing so proves to donors that something is moving forward, and discussed their efforts and community support. City Manager Kiff indicated that the item can either be added to the budget checklist or Council could include it when the budget is approved. Hillary Simon expressed safety concerns with transients and the public using the same restrooms that the 1,400 junior lifeguards use. She emphasized the need for a separate headquarters and facilities. Chris Seib expressed support for a new building with dedicated restrooms for the safety of the the junior lifeguards and abetter training facility. He noted how the program has touched the community over the years. Jon Jones, former lifeguard, noted the current facility has not changed in 30 years and believed a new one should be built due to health reasons for the junior lifeguards. Ashley Meyer, lifeguard instructor, expressed concern with the junior lifeguards using public restrooms, noted the City's program is respected worldwide, and believed a new headquarters is important to the future of the program. Jake Janz, Ben Carlson Foundation, expressed hope that someone on Council will champion this project and carry it through, and noted that the Ben Carlson Foundation supports the project. Joy Brenner expressed concern with her grandchildren in the program using public restrooms. She recommended the NBJG Foundation also contact the junior lifeguards' grandparents for funding support. Catherine Dickerson commended the junior lifeguard program and expressed support for the new headquarters. Jim Mosher expressed hope that more public review will occur relative to the Lower Sunset View Park Concept/Overcrossings project, noted the General Plan Implementation Program indicates that all City and external agency CIP projects, along with any acquired property by the City, need to go before the Planning Commission to determine conformity and consistency with the General Plan. Volume 63 - Page 459 City of Newport Beach Study Session and Regular Meeting March 13, 2018 Council Member Dixon reiterated her request to include the first phase of the Junior Lifeguard Headquarters in the budget. Council Member Herdman expressed support in order to help the NBJG Foundation raise additional funds. III. PUBLIC COMMENTS - None 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 LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director. Brian P. Walter and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Mantagcime-nt Association (NBLMA); Newport. Beach City Employees Association (NBC'EA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire ManagemenL Associ.t[.inn (NBFMA); Newport. Beach Police Association (NBPA); Newport Beach Police Mwiagernr.ut. AR90C1 .ion (NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 9 matters The Newport. Beach Lifeguard Mxinap—:nrnl: ALwociation (NBLMA), the Newport: Beach Police Management. Association {NHI'1bIA , tli-- Beach Police Association (NBPA), the Newport. Beach Firefighters Association (N1~#FA). tiie Laborers International Union of North America Local 777 (as affiliated with and an behalf of the Newport Beach Professional and Technical Employees Assoi•iatdon (NBTEA) and Newport. Beach City Employees Association (NBCEA)), on behalf of the ctiureExl. aincl farrier members of said unions, as well as Vladimir Anderson and Robert Salerno., in their individunI capacities, are aware of the United States Court of Appeals for the Ninth Oii-cuifs dveision in the case of Flores o. City of Sari Gabriel (9th Cir. 2016) 824 F.3d 890 which mtiy' rebult. in bLigat.ion against. the City of Newport Beach related to the calculation and payment of overtime compensation. V. RECESSED - 6:30 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 Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott. Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Council Member Muldoon X. PLEDGE OF ALLEGIANCE - Mayor Pro Tern O'Neill Xi_ NOTICE TO THE PUBLIC Volume 63 - Page 460 City of Newport Beach Study Session and Regular Meeting March 13, 2018 XII. CITY CQUNCIL ANNOUNCEMENTS (NON-DISCUS8,1QNITEIiB Council Member Avery: • Utilized a slide to discuss the Annual California Mariner Affairs and Navigation Conference (CMANC) Advocacy Trip in Washington DC that he, Mayor Duffield and staff attended to advocate for Harbor dredging ■ Utilized a slide to announce the Newport Heights Neighborhood Meeting on March 14, 2018 to discuss the school traffic study update Council Member Peotter: • Announced he attended the ACC -OC Annual Legislative Meeting in Sacramento with Council Member Dixon and met with Assembly members and their staff to talk about the Port Plan Council Member Dixon: * Announced she spoke at the ACC -OC Annual Legislative Meeting regarding the City's pension stabilization efforts a Attended an ACC -OC Pension Forum on March 9, 2018, where CalPERS, City Managers and Finance Directors were represented ■ Participated in Dory Deli's Beach Clean-up on March 5. 2018 • Announced a Speak Up Newport meeting on March14, 2018, to discuss crime prevention and safety and a Finance Committee meeting on March 1.5, 2018 Council Member Herdman: • Spoke at the Harbor View Homeowners Aassx.iation's khnmAl meeting ■ Attended the lifeguard tryouts on March 3. 2018 with Nlayor Pro Tem O'Neill and Council Member Avery, the Airport Forum on March >, 2018, and the Pension Forum on March 9, 2018 • Announced the kick-off of a public relatione, program to deter dog waste on Balboa Island's boardwalk Mayor Pro Tern O'Neill- ■ Discussed the. Witte Lecture ��ries * Last week, attended tbu hroKuard Gryokits, Orange County Transportation Authority (OCTA) Mayors Forum, Qrangc C:nanl.y Animal Shelter ribbon cutting, Orange County Mayors Meeting regarding homeleun{;ss, and Orange County Great Park Wildlife Corridor groundbreaking • Announced the Corona &,[ Mar High School Learning Research Center ribbon cutting on March J4, 2018, Newport -Mesa SpiI t Run on March 18, 2018, the Mayor's Egg Roll on March 24, 2018, and the Special Olympics Unity Torch Walk on April 5, 2018 Mayor Duffield: + Discussed the importance of attending the CMANC Advocacy Trip in Washington DC as it relates to the City's dredging project XITi. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Whether to express the City Council's support for SB 1394 (Newman, 2018) relating to paid signature -gathering efforts (Peotter) With only Council Member Peotter supporting the item, the item will not be brought back at a future date. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR - None XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES Volume 63 - Page 461 City of Newport Beach Study Session and Regular Meeting March 13, 2018 L Minutes for the February 27, 2018 City Council Meeting [100-20181 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. ORDINANCE FOR ADOPTION 3. Non-exclusive Commercial Solid Waste Franchises [421100-20181 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 b) Conduct second reading and adopt Ordinance No. 2018-2, An Ordinance of the City Council of the City of Newport. Beach., California, Granting Non:-exclusim Solid. Waste Franchises to Provide Solid. Waste Handling Serui.ces within. the City of Newport Beach. RESOLUTIONS FOR ADOPTION 4. Non-exclusive Commercial Solid Waste Franchises [4,Wl00-20181 a) Determine this action is exempt from the California Enviroximent.al Quality Act (CEQA) pursuant, to Sections 15060(c)(2) and 15060(c),* 5060(c), of R -he CE A Guidelines because this action will not result in a physical change to the enair okimt�nt, direcdy or indirectly; and h) Adopt. Resolution No. 2018-12, A Resolution. of the City Council of the City of Newport Beach, C;rahforn- a, Declaring ita Iratentiora to coordliel a� Public Hearing to cousader• arr:xfing Non •(sxclusEve Solid Waste Frcanchi.s(-s; and c) Direct the City Clerk to publish Resolution Ido. ;018-12 within 15 days of its adoption. b. Resolution No. 2018-13: Acceptance of Oil Spill Response Equipment Grant Funding from the California Department of Fish & Wildlife Office of Spill Prevention and Response f 100-2018] a) Determine this aetaon iH exempt from the California Environmental Quality Act (CEQA) pursuant to &-t:duns 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not rc-iqult in H Rrhy-iical (tbunge to the environment., directly or indirectly; I)) Adopt ReHalut,iion NG._20 18-13. A Resolution of the City Council of the City of Newport. Beach., California, Ace-gjtirrg flrearr.t Fdrrrds from the California Department of Fish and Wildlife, Office of Spi.lf Ptrvp lion and Response for Oil Spill. Response Equ.ipnaen.t.; and c) Approve Budget Amendment No. 18BA-031 recognizing $35,000.00 in grant revenue from the California Department of Fish and Wildlife (13501-431385-181.112) and appropriating $35,000.00 to Account No. 13501-980000-181412 (Oil Spill Response Equipment). 6. Resolution Specifying Uses for FY2018-19 RMRA Funding from the Road Repair and Accountability Act of 2017 [100-20181 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. 2018-14, A Resolution of the City Council of the City of Newport Beuch, California., Specifying Uses for the City's Apportionment of Fiscal Year 2018-19 Road Maiar.tena.nce and Relaabi.litation Account Funding from, the Road Repair and Accountability Act of 2017. 7. Resolution Certifying Funding Listed in the Federal Transportation Improvement Program (FTIP) [100-20181 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 Volume 63 - Page 462 City of Newport Beach Study Session and Regular Meeting March 13, 2018 b) Adopt Resolution No. 2018-15, A Resohiti.on. of the City Council of th.e City of Newport Beach,, California, Certifying that the City of Newport Beach. has the Resources to Fund the Projects in. the Federal Tra.n.sportatiou. Improvement Program for Federal. Fiscal Years 2018119 — 2023124 and Affirming its Com.m.itment to Implement All. City Projects in. the Program.. 8. Pulled from the Consent Calendar CONTRACTS AND AGREEMENTS 9. Facilities Carpet Replacement Project —Award of Contract No. 7222-1 (18F02) [38/100- 2018] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (maintenance of existing facilities involving no expansion of an existing use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Award Contract. No. 7222-1 to Tandus for the total price of $239,826.42, and authorize the Mayor and City Clerk to execute a contract with Tandua under the terms of NJPA Contract No. 121715 -Thu; and c) Establish a contingency of $23,983.58 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 10. Storm Drain Repair/Rehabilitation Project Award of Contract No. 8163-1 [38/100- 2018] a) Find this project exempt from thr, California Xtivironmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement of v%hztang racilitios invulving no expansion of capacity) of the CEQA Guidelines, because it has no liotential to have a significant effect on the environment; h) Approve the project drawings and specifications; c) Award Contract No. 8163-1 to,Sancon for'the total bid price of $626,975.00, and authorize the Mayor and City Clerk to execute the contract; and rl) Establish $63,026:00 (appro) imately 10 percent), contingency amount to cover the cost of unforeseen work not ineluded in the original contract. 11. Professional Services Agreernent with Moffatt & Nichol for Sea -Level Rise Assessment of Public Trust Lands and Relatexl Budget Amendment (C-8544-1) [38/100-2018] Cmitiriue.d indefinitely. 12. Amendment No. Two to On -Call Professional Services Agreement with Mariner's Mile Pet Clinic (C-6374) [38/100-2018] a) Determine 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 h) Approve Amendment. No. Two to the On -Call Professional Services Agreement. with Everest's Piaffe, Inc. (DBA Mariner's Mile Pet Clinic) of Newport. Beach, California, and authorize the Mayor and City Clerk to execute the agreement. 13. Police Department Renovation Project Furniture and Fixtures (C-7261-2) [381100-2018] a) Determine 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; h) Approve Budget. Amendment No. 18BA-033 appropriating $440,396.23 in the Asset. Forfeiture Fund to Account No. 1050061-911039; c) Waive the contract procurement requirements of City Council Policy F-14 and approve a sole source procurement using National Intergovernmental Purchasing Alliance (National IPA) cooperative purchasing agreement No. P15 -150 -DT; and Volume 63 - Page 463 City of Newport Beach Study Session and Regular Meeting March 13, 2018 d) Approve a Purchase and Installation Agreement with CN School and Office Solutions, Inc. (DBA Culver -Newlin) of Corona, California, for furniture and fixtures for a total cost of $440,396.23, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 14. Planning Commission Agenda for March 8, 2018 [100-20181 Receive and file. 15. Budget Amendment to Accept a Check in the Amount of $23,459 from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's Fiscal Year 2017/2018 Maintenance and Operation Budget [100-2018] 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 $23,459 from the California State Library for Literacy Services (CLLS) and approve Budget Amenchnent No. 18BA-029 to increase revenue estimates by $23,459 in account 01060005-431070 (Cahfarnia Literacy Campaign) and increase expenditures by the same amount. in Division 01660604-711003 (Literacy Services). Motion by Mayor Pro Tem O'Neill, seconded by ColAncil Member Peotter, to approve the Consent Calendar, except item removed (Item 8); and noting the continuance of Item 11. The motion carried by the following roll call uvke Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Pentlar, Council Member Avery, WVor Pro Tom O'Nei11, Mayor Duffield XV1. I'I'L-N-1 It E °LOVED FROM THE CONSENT CALENDAR Resolution No. 201$716: Adoption of 'City Council Policy A-3 Prohibiting the Use of Public Funds for Tax Measure Advocacy [100-2018] Mayor Pro Te!t7 t l', t a I I utilized a PowerPoint presentation to discuss case law, how cities and consultants are r,i 4"r-)1 r1 i n;Y the limited exemption, and listed the cities that have used consultants for tj:s mi-,,.sa i -s - rsdvocacy. Regarding Council Policy A-3, Council Member Dixon explained why she is requesting "for or against" be amended to "in favor of," and "public consulting" be amended to "public education." Motion by Council Member Dixon, seconded by Mayor Pro Tem O'Neill, 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 b) adopt amended Resolution No. 2018-12, A Resolutionof the City Council of the City of Newport Beach., California, Adopting City Council Policy A-3 Prohibiting the Use of Public Funds for Tax Measure Advocacy. Council Member Peotter suggested that this be. made into a Charter Amendment since Council Policies can be changed by future Councils. Council Member Herdman expressed concern for the unintended consequences of the policy and believed the City already has provisions for handling this. Council Member Muldoon noted that the policy would only be an internal policy to guide Council and would not override State law or free speech. Volume 63 - Page 464 City of Newport Beach Study Session and Regular Meeting March 13, 2018 Mayor Pro Tem O'Neill assured that the policy would not prohibit a Council Member from sharing their personal views, staff from responding to questions, or the City from dealing with emergencies. Council Member Dixon believed more discussion is needed. 6,ubstitute motion by Council Member Dixon. seconded by Council Member Herdman to continue the item. Unidentified speaker commended Council for being able to disagree respectfully. Jim Mosher indicated he provided alternative language and believed governments are allowed to spend money to prepare ballot measures and analyze impacts to the city, but agreed governments should not be campaigning on any measure Joy Brenner stated, if something came before Council that.,yeas imperative to public safety or threatened the community, it is Council's responsibility to campaign and inform the public. The substitute motion failed by the following roll call vote XVII. PUBLIC COMMENTS QXAON,-AQ j2A ITEM Rowan Trefz, National Campaign for Financial Literacy, displayed a slide to discuss the campaign, discussed why financial literacy is important., and requested the City allow them to provide the free financial workshops to the residents and post the workshops in the Navigator. Jim Mosher discussed his,eomments from the last meeting regarding Council actions on Consent Calendar items, and pointed out that the resolution for Item 8 was amended from what was originally provided. Unidentified speaker discussed a symposium she attended, provided handouts regarding Orange Countv District Attorney Tony Rackauckas' campaign, discussed some of his contribution sources, and requested voters not elect people supported by sober living companies. Daniella Creese referenced AB 1594 and requested the City provide residential curbside organic waste collection. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX. CURRENT BUSINESS 16. AB 2464 (Harper), Professional Services Agreement with Schmitz and Associates (C-8545-1), Budget Amendment [38/100-20181 Mayor Duffield recused himself due to business interests. Volume 63 - Page 465 City of Newport Beach Study Session and Regular Meeting March 13, 2018 Following a staff report by City Manager Kiff and in response to Council questions, City Manager Kiff noted that, for purposes of the Coastal Act., the Harbor needs to be declared a Port., and he did not go out to bid. Council Member Dixon noted she previously proposed forming a legislative policy committee to vet legislative proposals like this. Council Member Herdman expressed concern about how becoming a Port would affect the Harbor. Council Member Avery expressed concerns about the amount of the agreement and asked for clarification on the scope of work by Schmitz and Associates. Cotmcil Member Peotter explained the desire for the City to handle Harbor permits similar to the City's Coastal Land Use Plan, discussed Schmitz and Associates' previous work for the City on California Coastal Commission issues, and reported the City could only start developing the Port Plan after the concept is approved by the legislation Council Member Muldoon agreed with the concept, but believed the item should go out to bid. continue the item until the results of a Request, and California Coastal Commission advocacy ay to it:at-i4a3--(11FQ) for both the legislative back In Council. Substitute motion by Council Member Peatter to a) determine this action is exemia 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; b).:,authorize the Mayor to send a letter to Assembly Member Matthew Harper in support of AB 2464; c) authorize the City Manager to execute a .Professional Services Agreement with Schmitz and Associates, including work with Henschel Government Affairs, in the amount of $16,000 per month for up to six months, with a not -to - exceed amount of $120,000. and d)`'approve Budget Amendment No. 18BA-032 in the amount of $120,000 from the General Plan Update CIP, 01201928-980000-18M12, to the City Council Professional Services budget -01005005-811008. The motion died for lack of a second. Discussion ensued relative to the timeline for the legislative process, Schmitz and Associates' previous City contracts and work thus far without a current contract, Council Member Peotter's discussions with Don Schmitz, the use of an R.FQ, SB 2464 language, and how the bill allows the City to submit a Port. Plan to the California Coastal Commission. Substitute motion by Council Member Dixon. seconded by Council Member Peotter to a) form a Council ad hoc committee consisting of Council Member Dixon and Council Member Peotter to work with staff on this issue; and b) allow Schmitz and Associates to be involved, but conduct an RFQ for the legislative advocacy component.. Displaying slides, Jim Mosher expressed concerns relative to the contract, the contractor, and turning the Harbor into a commercial port. He discussed how new port districts are formed and believed the City needs a second opinion on a solution Unidentified speaker expressed concerns with drug smuggling if the Harbor was turned into a Port and asked if doing so changes security. Luke Drew took issue with how this item was handled and changing the Harbor into a commercial port. Volume 63 - Page 466 City of Newport Beach Study Session and Regular Meeting March 13, 2018 Council Member Muldoon emphasized that the City does not want to turn Glee Harbor into ri commercial port, but desires to have more local control relative to permits, dredging, a1141 environment issues. The substitute motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery Nays: Mayor Pro Tem O'Neill Recused: Mayor Duffield XX.. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 8:36 p.m. 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 1.00 Civic Center Drive on March 8, 2018, at 4:00 p.m. Leilani I. Brown City Clerk Duffy Duffield Mayor Volume 63 - Page 467