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HomeMy WebLinkAbout03/08/2011 - Study SessionCity Council Minutes Study Session March 8, 2011 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None 2. SPECIAL EVENTS. City Manager Kiff addressed Council Member Rosansky's concerns that special events representatives were not formerly invited to the Study Session and suggested that another Study Session be conducted prior to bringing the item back to Council for a vote. Council Member Rosansky explained that changes to the special event process will most likely result in questions from special event applicants and suggested that another Study Session be conducted to receive applicant input. Public Information Manager Finnigan utilized a PowerPoint that included information on event support pre -2010, the changes implemented, Fiscal Year 2011 approved grants, new process for FY 2011 -2012, another reveiw of the proposed process, applicant details, proposed changes to the evaluation criteria, proposed key changes, examples, pros and cons, and the next steps. In response to Council questions, Public Information Manager Finnigan explained that 20% of the event proceeds must be donated to a local non - profit organization, .stated that the language has been softened to include events held outside of the City, andagreed to change the language to not for profit' organizations instead of charitable organizations. In response to Council Member Daigle's concern, Mayor Henn believed that the City should have access to the applicant's financial information to ensure their level of financial capacity. Administrative Services Director McCraner stated that having the applicant's financial information is a typical contract clause for giving public funds to any organization. Council Member Hill suggested that it be clear that the City will only ask for financial information for the event and not the organization as a whole. In response to Council Member Selich's question, City Manager Kiff stated that staff encourages all event applicants to apply through the current process, indicated that events that reaffirm community value are not excluded from applying, and suggested that there not be an amount threshold added to event applications. Mayor Henn stated that Council will make decisions based on need and reminded Volume 60 - Page 73 City of Newport Beach City Council Study Session March 8, 2011 Council that the process will be conducted during budget deliberating Administrative Services Director McCraner explained that the current Police Officer hourly rate was most likely a fully loaded rate and stated that the proposed rate is the standard overtime rate without including overhead. In response to Council questions, City Manager Kif£ stated that special event applicants are encouraged to talk with the Police Department about using private security, stated that he is comfortable with the proposed rate, and explained that the Police Office hourly rate will be applied to every application. Mayor Henn expressed support for the proposed rate for Police services at special events. In response to Council Member Selich's question, City Manager Kiff stated that Council has the ability to direct staff to consider applications during mid -year; however, the goal is to consider as many applications as possible during the budget process. Council Member Curry stated that he will not support the requirement that the event will be principally held within City limits and that 20% of the event proceeds go to a charity because many of the events are not charity- based. He expressed support for the changes to the Police fees. Jim Mosher believed that public input is important, expressed concern that staff reports are not always available prior to the Council meetings, and believed that the agenda titles should be clearer. Mayor Pro Tem Gardner and Council Member Rosansky agreed that a greater effort by staff is needed while preparing the Study Session agenda and reports. In response to Council Member Hill's concern, Council Member Rosansky explained that event applications provide most of the information about the event. Mayor Pro Tem Gardner reiterated that it is important that financial information be disclosed in order to protect the City. Mayor Henn reminded Council that the Special Events Committee will assist staff and Council with the special events process. It was the consensus of Council that the item be brought back on March 22, 2011 to the regular meeting. CIENEGA PROJECT. Deputy Public Works Director Webb utilized a PowerPoint that included information about what selenium is, selenium mobilization, selenium hot spots, selenium TMDL compliance, the Cienega Treatment Plant, Big Canyon Creek, strategies, and the selenium mitigation program. In response to Council questions, Deputy Public Works Director Webb stated that there has been a lot of discussion about the data, noted that the parts per billion (ppb) has been as high as 100 in Big Canyon, and discussed a possible solution for keeping the lakes at the golf course. Mayor Pro Tem Gardner indicated that Irvine Ranch Water District (IRWD) would Volume 60 - Page 74 City of Newport Beach City Council Study Session March 8, 2011 like to move forward and stated that she believes that it is too soon for the City to make that decision. She added that there are no guarantees that the City will not receive more requests to clear the selenium in the future, suggested that the City wait until there is more information, and noted that the grant can be used for other purposes. Council Member Selich agreed with Mayor Pro Tem Gardner and stated that other Cities should do more to contribute. In response to Council questions, Deputy Public Works Director Webb stated that the City could be forced by the Water Quality Control Board to make changes but it will take a while. He stated that using Measure M funds can be considered; however, it will need to be approved by the California Transportation Department, and stated that the County has done a lot of research which has not resulted in enough data to determine what the selenium limit should be. Council Member Daigle expressed opposition to providing funds for selenium clean up at this time. In response to Council Member Hill's questions, Deputy Public Works Director Webb stated that the ABMET system has evolved but he believes there will be a more defined process for treating selenium in the future. Mayor Pro Tem Gardner added that the real frustration is that no impact has been observed and that the study will take many years. Jack Skinner expressed opposition to the City funding the selenium project because there is not enough information to show that it causes abnormalities and the amount of money needed. III. PUBLIC COMMENTS Jim Mosher reminded Council that the Brown Act requires not just invitation to the public to comment on agenda items but is also an announcement of what the topics will be, commented on performance evaluations listed on the Closed Session agenda, noted that City's department structure should be changed by Council through the adoption of an ordinance, and suggested that the City Attorney furnish the ordinance summary information that is published to ensure that correct and complete information is given. Mayor Henn asked for Mr. Mosher's forbearance with respect to time needed to deal with other issues and not raise the same items brought forward in the past that were already addressed by the City Attorney. He verified with the City Attorney that announcing Closed Session items is not necessary for compliance with the Brown Act and invited Mr. Mosher to bring up only new items before Council. IV. ADJOURNMENT -5:27 p.m. The agenda for the Study Session was posted on March 3, 2011, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 60 - Page 75 City of Newport Beach City Council Study Session March 8, 2011 A4� S City Clerk Mayor Volume 60 - Page 76