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HomeMy WebLinkAbout07/10/2012 - Study SessionCity Council Minutes City Council Study Session - 4:00 p.m. July 10, 2012 — 4:00 p.m. I. ROLL CALL - 4:00 p.m. Present: Mayor Gardner, Mayor Pro Tern Curry, Council Member Rosansky, Council Member Hill, Council Member Henn, Council Member Selich Excused: Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None SHIPS TO REEFS PRESENTATION. [100 -20121 Joel Geldin, Chairman and Chief Executive Officer of California Ships to Reef, a non -profit organization, thanked Council for the opportunity to speak and provided a PowerPoint presentation on the organization's plan to establish a regional system of artificial reefs along the California coast to improve and enhance the California fish, plant and marine ecosystem, and to enhance the tourism industry that is centered on fishing and diving. He addressed current efforts, their purpose, available decommissioned surplus ships, current Federal conditions, economic benefits of artificial reefing, underwater art, materials that can be used for reefing, SCUBA tourism, economic benefits, California as a dive destination, ecological and educational components, factors effecting reefing costs, proposed projects, funding sources, actions by other cities to allow artificial reefing, and the possibility of the City partnering with his organization. In response to Council Member Henn's question, Mr. Geldin addressed the rules changed by the Federal Government relative to the types of ships available for artificial reefing, noting that any ship built with insulating materials such as Polychlorinated Biphenyls (PCB) were to be stricken from the list. Dan Purcell expressed concerns about potential problems and risks with the program and the impact on the sea lion population. 3. REQUEST TO AMEND THE ORDINANCE REGARDING THE TAXATION OF HOTEL ROOMS. [100-20121 Assistant City Manager Smith referenced the staff report and indicated that staff is looking for direction from Council regarding complimentary (comped) rooms, noting that the City is currently collecting taxes on complimentary rooms. Finance Director McCraner addressed the current calculation for the tax rate. Mayor Pro Tem Curry believed that taxing people on a free room is not consistent with being a business - friendly City, commended the City for its work in revenue generation, and stated Volume 60 - Page 510 City of Newport Beach City Council Study Session July 10, 2012 that this is a case where direction should be given to not charge the tax on complimentary rooms. Council Member Hein distinguished between the various categories for offering complimentary rooms and stated that he supports allowing some relief from charging taxes. Council Member Hill noted that there are only two cities that charge taxes for complimentary room of those surveyed and agreed with Mayor Pro Tem Curry regarding the importance of remaining business - friendly. Gary Sherwin, Visit Newport Beach (VNB), addressed the reasons why hotels provide complimentary rooms including charitable reasons, reported on an upcoming event involving meeting planners where rooms will be comped for business reasons to persuade them to book their meetings at City venues, and reported that the disgruntled guest category is a small percentage of the total comped rooms offered. Council Member Selich expressed agreement with Mayor Pro Tem Curry and stated that he was in favor of exempting the four categories in the report from Transient Occupancy Taxes (TOT). Jim Mosher stated why the TOT is needed, suggested the possibility of waiving the promotional fee rather than the TOT, and commented on the survey of surrounding cities and comping rooms for people in the hospitality industry. George Schroeder believed that more information is needed and indicated that comparisons with comparable cities should have been made. Mr. Sherwin reported that the cities of Huntington Beach, Costa Mesa, and Laguna Beach do not charge TOTS on comped rooms. Discussion followed regarding validating comped rooms and the need to work with the hotels to obtain an accurate accounting of comped rooms per year, which will result in a potential revenue loss to the City. Finance Director McCraner reported that the information will be checked during the audit process and asked if Council believed that there should be a cap. Mayor Pro Tem Curry stated that the matter should be administered in the most effective way possible. Following discussion, staff was directed to generate the necessary ordinance that would exempt all complimentary hotel rooms from TOT. 4. CHARTER UPDATE COMMITTEE DISCUSSION. [331100 -20121 Assistant to the Assistant City Manager Houston discussed the establishment of the Charter Update Committee (CUC), meetings held, input received, timelines for the process, and the need for specific Council direction. Paul Watkins, Chair of the Charter Update Committee, expressed his appreciation to Council, reported that the Committee had a busy six- weeks, commended CUC members and City staff, referenced written comments submitted by the public, presented a summary of the recommendations, noted that there was focus on Section 708 (Board of Library Trustees Powers and Duties) which seemed to be a controversial part of the Charter, and addressed a Volume 60 - Page 511 City of Newport Beach City Council Study Session July 10, 2012 compromise reached on Section 705. In response to Council Member Henn's question, Chairman Watkins reported that the CUC worked at a fast pace and proceeded efficiently. Further, he added that the public was allowed to provide input fairly and appropriately, and indicated that their comments were very valuable. Council Member Rosanky stated that the discussions were lively, with different sides taken on issues, and that the CUC explored different alternatives within the confines of the scope of work given to them by the City Council. Regarding Council compensation, Chairman Watkins noted that Council Members in attendance recused themselves appropriately, staff provided comparative information on other Councils, and stated that the CUC simply updated what needed to be updated. Assistant to the Assistant City Manager Houston commented on sections that remained unchanged. Regarding Section 503 (Compensation and Bonds), Chairman Watkins noted that the CUC determined that bonds are provided to City employees, that the costs are relatively affordable, and covers an array of employees. In addition, regarding Section 801 (Positions Included in the (Civil Service] System), he stated that it was determined that the Section did not need amending. Mayor Pro Tern Curry commended the CUC and noted that Councils' compensation is not being increased or decreased, but rather a description was included in the Charter relative to compensation. Council Member Rosansky thanked the CUC for their hard work. Elizabeth Stahr addressed Section 708, commented on the issue surrounding the hiring of a Library Service Director, believing that it takes a lot of people to vet candidates. She expressed the opinion that powers should not be taken away from Board of Library Trustees and expressed appreciation to the CUC for their work. George Schroeder commended Ms. Stahr for her work with the Library, referenced results of a Citizen Satisfaction Survey regarding Library Services, noted that residents are very happy with the Library System and Board of Library Trustees, commented on the shift of power from Library Trustees to politicians in the updated Charter and the power to hire /fire Librarians to the City Manager who serves the City Council, suggested that there be no change to Section 708, believed that the Library should not be under the control of politicians, provided a handout that included the existing and proposed language, and asked that Section 708 be placed on the ballot as a stand -alone item, if it will be voted on. Paul Glowienke noted he was a member of the CUC but was speaking as a member of the public. He indicated that Section 708 was considered completely, stated that the City Manager originally recommended that it not be changed, believed that the Library Services Director should be under the management of the City Manager, and expressed agreement with the proposed amendment. Jim Mosher believed that the process was flawed and did not see an urgent need to present the Charter Amendments. Dan Purcell believed that the Charter Update process was restrictive for the public and Volume 60 - Page 512 City of Newport Beach City Council Study Session July 10, 2012 believed that there should have been better reporting. Dan Wampole, Charter Update Committee Member and member of the public, commented on Section 708; He believed that the City Manager needs to have an equal amount of authority and that this is non - existant in the previous version of the Charter. He reported contacting City 'Manager Kiff and asking for his assistance in drafting the amended language for Section 708. Ron Hendrickson addressed the Council compensation section (Section 402) noting there is no mention of retirement benefits and health insurance for Council. Regarding Section 407 (Regular Meeting), he suggested adding language for setting the hour of the meeting by ordinance. In addition, he commented on Sections 503 (Compensation and Bonds) and 704 (Meetings Chairperson). He believed that the process was good, but rushed. David Bahnsen, Charter Update Committee Member and member of the public, commented on the lengths of the meetings, stated that there was extensive discussion on many issues, noted that the City Attorney's Office was clear regarding the process, and stated that there was a great deal of interaction by and with the Committee. Novell Hendrickson presented an exhibit regarding present practice, noted that 14 of the items were amended in 2010, and commented on the public comment process. Mayor Gardner indicated that she attended most of the CUC meetings, believed that there was good public comment received, and stated that the CUC took cognizance of what was said. Regarding Section 708, she believed that the City Manager should have the authority over Library Services but in listening to public comments, suggested that Section 708 remain unchanged or voted on separately. Chairman Watkins indicated that he will reserve his comments until the regular meeting agenda because of time constraints. City Manager Kiff noted that staff has listed the items that Council may want to discuss further, including Sections 402 -A (Compensation), 407 (Regular Meeting), 708 (Board of Library Trustees Powers and Duties) and 709 (Parks, Beaches, and Recreation Powers and Duties). Council Member Rosansky indicated there was also extensive discussion on Sections 409 (Place of Meetings), 421 (Contracts Execution) and 608 (Illegal Contract Financial Interest). Discussion followed regarding Sections needing additional discussion, including Section 1114 (Claims and Demands). Mayor Pro Tem Curry commented on other issues to consider, including creating a new Charter Section to prohibit red light cameras in the City. City Attorney Harp stated that he can provide sample language on the issue from the City of Anaheim during the regular meeting. III. PUBLIC COMMENTS Jim Mosher believed that all meetings should be open to the public, encouraged Council to adopt more expansive policies, and indicated that there is a Brown Act requirement to provide the public with a written and oral announcement of topics discussed at the Closed Session meeting. Volume 60 - Page 513 City of Newport Beach City Council Study Session July 10, 2012 IV. ADJOURNMENT -,5:40 p.m. The agenda for the Study Session was posted on July 5, 2012, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building City Clerk Recording Secretary Mayor Volume 60 - Page 514