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HomeMy WebLinkAbout05/25/2004 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session May 25, 2004 - 4:00 p.m. ROLL CALL Present: Heffernan (arrived at 4:15 p.m.), Rosansky, Bromberg, Webb, Nichols (arrived at 4:10 p.m.), Mayor Ridgeway Absent: Adams (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. — None. 2. BUDGET — CIP PRESENTATIONS. City Manager Bludau stated that the Capital Improvement Program (CIP) is being reviewed at the current meeting to allow time prior to the adoption of the budget to make any changes requested by the City Council. Using a PowerPoint presentation, Public Works Director Badum displayed a bar graph showing the CIP expenditure history from 1986 through 2005. He noted that there has been a slow, steady increase in expenditures over time with a couple of spikes for projects such as the Arches Interchange, Bonita Canyon Sports Park, MacArthur Boulevard widening and some of the oil spill projects in Balboa Village. He briefly outlined the CIP process and stated that the departments submitted requests totaling $20 million. Through a cooperative effort with the department directors, the proposed projects were narrowed down to a preliminary program totaling $16.7 million. Public Works Director Badum displayed a list detailing the master project schedule. He stated that there are various factors that need to be taken into consideration when determining what can legitimately be accomplished in a given fiscal year, and pointed out that the schedule helps to reduce the number of rebudgets. At the request of Mayor Ridgeway, Public Works Director Badum further explained that the bar graphs to the right of the list show the staff members that will be assigned to the projects, which is one of the factors taken into consideration when determining the master schedule and what can be accomplished. Public Works Director Badum displayed a list of some of the CIP projects that will rebudgeted in 2004 -05. City Manager Bludau noted that the underground utility projects are not a part of the CIP because they are not completed with City funds. Public Works Director Badum added that for informational purposes, the costs for engineering and design will be included in the budget even though the City would be reimbursed once a district is formed. Council Member Rosansky asked if the money spent by the City for Volume 56 - Page 914 INDEX (100 -2004) City of Newport Beach Study Session Minutes May 25, 2004 INDEX undergrounding on City property is included in the budget or the CIP. Public Works Director Badum stated that it's not included in either because it's difficult to predict what the City's share will be and the City doesn't have control over what will be charged by the utility companies. Council Member Rosansky asked how the expenses are handled. Public Works Director Badum stated that a request for a budget amendment to appropriate the City's share is usually included with the action before the City Council at the meeting where the ballot count is conducted. The information is provided in the Notice of Intent which is typically provided 45 days prior to the public hearing. City Manager Bludau added that the budget amendment transfers the money from the unappropriated general fund. Mayor Ridgeway asked where the money is assigned when the transfer is done. Public Works Director Badum stated that separate funds are set up for each district. Council Member Webb stated that whether it's in the CIP or the budget depends upon what is being constructed. He further stated that the amount that the City puts forward is partially offset by the money that is received from the assessment district. Public Works Director Badum added that staff is trying to find a better way to present assessment districts in the budget and that it's difficult to guess which ones will move forward and which ones won't. Mayor Ridgeway stated that it's a large amount of money and should be identified. City Manager Bludau noted that not all assessment districts have City contributions. When there are City contributions, Mayor Ridgeway asked if they go into the CIP or the general fund. Administrative Services Director Danner stated that it's both and explained that it's a general fund contribution to a capital project and is budgeted as a capital project. The budget amendment transfers the money from unappropriated general fund reserves into the fund established for that assessment district. Continuing with his presentation, Public Works Director Badum stated that with the CIP for 2004 -05, more money is being moved into the maintenance and operating budgets. He explained that several CIP projects are actually maintenance projects. He displayed a table showing the structure of the CIP and stated that the document is organized by fund. He then displayed a summary showing the projects transferred from the CIP to various department operating budgets. City Manager Bludau noted that comparing the 2004 -05 CIP to previous CIP's isn't a pure comparison because of the shift of funds from the CIP to the general fund and operating budgets in 2004 -05. In response to Council Member Webb's question, Public Works Director Badum stated that the money being budgeted for street light conversions is for individual conversions. Public Works Director Badum displayed a summary showing the expenditures by fund. He noted that some of the expenditures will increase because of the addition of project rebudgets that can't be calculated until closer to the end of the current fiscal year. Public Works Director Badum provided a list and a brief description of some of the major projects being included in the 2004 -05 CIP. City Manager Bludau suggested that the City Council take a critical look at the Volume 56 - Page 915 City of Newport Beach Study Session Minutes May 25, 2004 INDEX projects being proposed in the preliminary CIP, and consider if there are other priorities for the available funding. Public Works Director Badum continued listing some of the major projects in the various funds, including the general fund, Community Development Block Grant (CDBG), gas tax, tide & submerged land, contributions, and transportation & circulation. Council Member Webb referred to Item No. 7, Dover Drive Sidewalk Design, of the regular meeting agenda and noted that it would be funded out of the transportation & circulation fund. He asked if it was possible that construction on the project could begin next year. Public Works Director Badum stated that it wasn't included in the budget because staff didn't know how much money would be required to get approval. He explained that the project is near a wetlands area, which could change the cost significantly, but that it could be included on the checklist, if desired. City Manager Bludau asked if the money would be available. Public Works Director Badum stated that there is some money in the transportation & circulation fund that is currently unappropriated. Public Works Director Badum continued listing some of the major projects in the building excise tax and Measure M funds. Council Member Webb asked if any commitment had been received from the Transportation Corridor Agency (TCA) on funding the bridge construction for the Jamboree Road Widening. Public Works Director Badum stated that the TCA staff understands that they have a commitment, but have also stated that they wouldn't have funding available until 2010. Council Member Webb stated that the TCA needs to be reminded that the bridge construction is supposed to be their number one add on project. Public Works Director Badum stated that they have been reminded, but that other potential resources for funding are also being looked at. City Manager Bludau asked what the anticipated cost of the project is expected to be. Public Works Director Badum stated that it's expected to be approximately $4 to $5 million. Council Member Webb recalled that it was approximately $5 to $6 million. City Engineer Patapoff confirmed that it is expected to cost over $5 million. Public Works Director Badum provided a list of the assessment districts currently under consideration and the estimated costs to the City. In the category of miscellaneous projects, he listed the Bonita Canyon Sports Park storage facilities. In response to Mayor Ridgeway's question, Public Works Director Badum stated that the storage facilities would be paid for from the interest earnings of the park's bond proceeds. Additionally, he listed Fire Station #7 as a miscellaneous project, and stated that the land acquisition process still needs to be resolved. Council Member Rosansky asked if the figure of $2,750,000 for the fire station was just for construction, or if it included the land acquisition. After a brief discussion, Public Works Director Badum stated that the figure is just for land acquisition and that a more accurate figure would be determined towards the end of the current fiscal year. Public Works Director Badum continued listing major projects in the various Volume 56 - Page 916 City of Newport Beach Study Session Minutes May 25, 2004 the water enterprise and wastewater enterprise funds. Council Member Webb asked which pipelines were included in the pipeline master plan. City Engineer Patapoff stated that the two main transmission lines include those at Irvine Avenue, south of Bristol, and at Irvine Avenue and Dover Drive. Public Works Director Badum stated that other projects of note in the CIP include the Mariners Branch Library, Newport Coast Elementary Loop Road and Newport Coast Community Center. Council Member Webb asked if the shortage for the Mariners Library totaled $300,000 to $400,000. Public Works Director Badum responded in the affirmative and stated that it's a result of the increase in the price of steel and other construction materials. Mayor Ridgeway asked when the project was expected to go to bid. Public Works Director Badum stated that it would be shortly and that construction should commence in August of 2004. The grand opening is expected to occur in July 2005. Council Member Webb asked how the tennis court project is being handled. Public Works Director Badum stated that the tennis court project is being combined with the library in order to obtain a better price. Council Member Heffernan asked how much the school district is contributing to the loop road project. Public Works Director Badum stated that the entire project is being financed from the interest earning proceeds from the bond sell. The school district will maintain and operate the road once it is in place. Mayor Ridgeway noted that before the final CIP budget is adopted, the City Council will have the opportunity to incorporate any additional requests. He reminded the council members to think about what capital projects are needed in their districts. City Manager Bludau stated that the council members are encouraged to notify him of any desired projects as soon as possible to allow staff the time to determine solid cost estimates. Mayor Ridgeway stated that he has already talked to staff about the design drawings for the West Bay streets. Council Member Bromberg stated that he has also been working with staff on some projects on Balboa Island, and agreed that it's important to present the ideas as early as possible to determine what will be feasible. 3. TOP STAFF PRIORITIES FOR 2003/04 STATUS REPORT. Using a PowerPoint presentation, City Manager Bludau stated that the first priority of staff in the 2003 -04 fiscal year was to certify the land use and the implementation plans, which are both a part of the Local Coastal Program (LCP), and present them to the Coastal Commission for initial review. He reported that the City Council would consider the land use plan at the regular meeting, Item No. 21. He stated that the remainder of the LCP would be built around the land use plan, and that final certification of the entire LCP is expected to occur by the end of the 2004 -05 fiscal year. Volume 56 - Page 917 INDEX (100 -2004) City of Newport Beach Study Session Minutes May 25, 2004 INDEX Mayor Ridgeway noted that a late fine of $1,000 per month has been paid City since June of 2003. City Manager Bludau stated that staffs second priority was the implementation of a code and water quality enforcement program. He stated that this was accomplished and he displayed some of the statistics from the division. He specifically noted that approximately 95% of the notices of violations and 72% of the administrative citations that were issued in the current fiscal year were water quality related, and that education was a large part of the program. City Manager Bludau stated that the County looks at Newport Beach as a model in the area of water quality enforcement. Council Member Nichols asked how much water quality code enforcement is costing the City. City Manager Bludau stated that it's listed separately in the budget and totals approximately $521,000. He added that $1.5 million in new grants were awarded for water quality projects and studies in the 2003 -04 fiscal year. Staffs third priority was to complete the baseline data and analysis for the general plan update and the evaluation of the land use plan. He reported that the City is on track with this priority. The fourth staff priority was to temporarily reconfigure the Mariners Park playfield and complete design development for the new Mariners Library. He reported the progress that has been made, as also discussed during the CIP presentation, and stated that the park playfield final reconfiguration and the opening of the new library is anticipated to take place in the fall of 2005. The fifth priority, start and complete design of the Santa Ana Heights fire station, has not happened. City Manager Bludau explained that the City was delayed by site selection and acquisition. City Manager Bludau stated that staffs sixth priority was to complete the annexation of West Santa Ana Heights /Country Club/Mesa Drive areas and create a redevelopment agency. He reported that this did not happen and that no application has been submitted. He listed the reasons for this and stated that staff intends to bring an annexation application to the City Council before July of 2004. City Manager Bludau stated that very little progress was made on staffs seventh priority, the City Hall replacement project and addressing the long term space needs. He explained that this was due to a conflict of interest issue and the uncertainty surrounding the City's long term ability to do some financial planning. He stated that master planning efforts will begin, however. Staffs eighth priority was to negotiate cable TV franchise agreements with Cox and Adelphia. He reported that the first readings of the cable communications franchise and right -of -way ordinance took place at the City Council meeting on May 11, 2004. Once the franchise ordinance is in effect, the franchise agreement negotiations will take place. City Manager Bludau stated that the ninth priority of staff was to develop a standardized evaluation process assessing the need for a standardized form and training the organization in the new form and evaluation process. He reported that the new form has been developed and instructions are currently being prepared. In response to Council Member Nichols' question, City Manager Bludau explained that the form is a written evaluation form for the annual performance Volume 56 - Page 918 City of Newport Beach Study Session Minutes May 25, 2004 INDEX evaluation of the City's employees. He added that it was determined that a more standardized form was desired. City Manager Bludau stated that staffs tenth priority was to continue the emphasis on disaster preparedness focusing on the Emergency Operations Center (EOC) process, development and training. He reported that progress was limited due to the maternity leave and then resignation of the City's Emergency Services Coordinator. A recruitment for the position is currently underway. City Manager Bludau reported that a complete update of the City's Emergency Management Plan was completed and distributed. Progress was also made in working with the various committees that focus on the roles that the different departments would play in an emergency. This process is ongoing. Council Member Webb asked how the City Council is involved in the training process. City Manager Bludau stated that, to date, they have not been. Council Member Webb expressed his opinion that the City Council should be involved. City Manager Bludau stated that two years ago, a Study Session item dealt with the issue and that the City Council has been invited to observe the disaster preparedness exercises that have been conducted. Mayor Ridgeway added that when it was discussed at the Study Session, it was agreed that the safety personnel, fire and police, effectively take over in an emergency. Council Member Webb stated that it might be appropriate for the City Council to participate in some of the training programs. Fire Chief Riley stated that under the current Emergency Management Plan, which was adopted by the City Council, the City Council's role is to continue doing what they already do, which includes promulgating rules and regulations, and making authoritarian decisions on major policy issues. The actual emergency operation activities are empowered to the City Manager and the support departments. Depending on the type of emergency, it is usually the Police Chief, Fire Chief, Public Works Director or General Services Director who would become the key person to manage the City resources in response to an emergency. Fire Chief Riley stated that regarding training, Citywide management training is conducted as well as specific training by function. He stated that the Department Operating Centers (DOC's) and their link to the EOC have been the focus. He suggested that staff could keep the City Council informed of training exercises and that the City Council could observe any of these that they desire. He further suggested that the City Council could plan to participate in the upcoming Citywide drill on September 9, 2004. Council Member Heffernan asked what the chain of command would be in an emergency. Fire Chief Riley stated that typically the Police Watch Commander or the Fire Battalion Chief would call for the activation of the EOC. All key EOC response personnel would be notified to respond and the situation would be assessed. I£ it is determined that a local emergency overwhelms the City's resources, the City Manager would declare a local emergency and the City Council would be asked to ratify that decision. He stated that this would be the most important role of the City Council because it enables the City to apply to the State for a State declaration of a local emergency, which is then passed on to the Federal government for a Federal declaration of a local emergency. Fire Chief Riley explained that this process allows the City to obtain State and Volume 56 - Page 919 City of Newport Beach Study Session Minutes May 25, 2004 Federal funding, and additional resources. The City Council would also be needed to make some major policy decisions. Council Member Heffernan asked who determines what situations are handled first. Fire Chief Riley stated that the City Manager would be the Director of Emergency Operations and would make those decisions. Council Member Bromberg asked if the City Council could change the procedures or if they were set by State mandate. Fire Chief Riley stated that the procedures are established in the City's Emergency Management Plan, which can be amended by the City Council. City Manager Bludau stated when discussing emergency response, it needs to be remembered that different people may be playing different roles. Fire Chief Riley agreed and added that the duties of the positions of the EOC are included in the supplies located at the EOC and that the first task of anyone responding to the EOC is to become familiar with their role. It may take two hours to get the entire EOC in place. Council Member Bromberg requested that a clarification be provided on what the City Council's role is and what decisions they would make in the event of an emergency. City Attorney Burnham stated that there is an ordinance that requires that the City Council adopt and periodically review the emergency operations plan. The City Council is not involved in the actual administration of the plan. Mayor Ridgeway stated that he observed an emergency drill earlier in the day and didn't know where the chain of command began. Fire Chief Riley stated that the drill was a part of the "Every Fifteen Minutes" education program, and demonstrated the City's response to a two - vehicle collision involving kids and alcohol. He stated that the first arriving officer on the scene becomes the incident commander until relieved by someone of higher authority. In this situation, the activities of the police and fire departments are coordinated under a joint command due to the criminal nature of the event combined with the safety issues. Mayor Ridgeway complimented the City's efforts on disaster preparedness. Council Member Bromberg agreed that the City is very well off. He stated that at a future meeting, it needs to be determined what the City Council's role would be in a catastrophic event. Council Member Webb stated that it would be appropriate for the City Council to observe the drill in September and become more aware of its role. In response to Mayor Ridgeway's question, City Manager Bludau stated that some of the 2003 -04 staff priorities would probably be included in the 2004 -05 priorities and that he would present these to the City Council in August 2004. 4. SMOKING ON BEACHES AND PIERS. Deputy City Attorney Ohl stated that San Clemente recently instituted a ban on smoking, and is in the process of installing their signs and beginning enforcement. He stated that he has talked to several other jurisdictions and has learned that the ordinances have not been in effect long enough for them to determine how effective they will be. Mayor Ridgeway asked if information was gathered from the jurisdictions on Volume 56 - Page 920 INDEX (100 -2004) City of Newport Beach Study Session Minutes May 25, 2004 INDEX proposed enforcement. Deputy City Attorney Ohl stated that San Clemente plans to do passive enforcement, install signs and conduct public education, and that violators would be informed of the code. If they fail or refuse to abide by the regulation, they would be cited. Mayor Ridgeway asked if the ordinances are subject to Coastal Commission review. Deputy City Attorney Ohl stated that he had not heard of such a requirement. City Attorney Burnham stated that he did not feel that the Coastal Commission would have any jurisdiction. Council Member Bromberg asked how Newport Beach compares to other jurisdictions in terms of the number of visitors to the beach. Deputy City Attorney Ohl stated that with the exception of a couple of cities, Newport Beach has the highest number of visitors. He reported that the annual visits to Newport Beach totals approximately 8 to 8 Ya million. Council Member Heffernan asked if there was an understanding as to why some of the jurisdictions banned smoking on either the beaches or the piers and others banned it on both. Deputy City Attorney Ohl stated that Seal Beach banned smoking on the piers only and that it may have been the result of experiencing a pier fire a number of years ago. The other jurisdictions didn't express a problem with the piers, but included them because they were a part of the beach. Council Member Heffernan noted that Solana Beach has had the ban in effect the longest of any of the jurisdictions. Deputy City Attorney Ohl stated that he was unable to speak with anyone from that city. Council Member Heffernan asked if there were any court rulings on the matter. Deputy City Attorney Ohl stated that his research has not found that the State and Federal constitution guarantees the right to smoke. Council Member Heffernan asked if the findings of the ordinances that have been adopted focused on the smoking aspect or the trash aspect. Deputy City Attorney Ohl stated that the initial focus has been on the litter aspect and then secondly, the health aspect. Mayor Ridgeway asked if any of the jurisdictions created areas for smoking. Deputy City Attorney Ohl stated that San Clemente created an exemption for a restaurant at the base of the pier. General Services Director Niederhaus stated that one of the City's three beach cleaners was modified with a fine screen that could pick up cigarette butts. He stated that the problem is that it also picks up natural rocks and seashells. He added that smokers also tend to congregate near benches and that the butts in these locations have to be extracted manually. General Services Director Niederhaus displayed an example of the new sign that might be created if a ban is adopted. He noted that a decal can be applied to the existing signs, which will save considerable money. Council Member Rosansky asked how much the signs would cost to change. General Services Director Niederhaus stated that it would cost less than $5,000. He added that without enforcement, no headway will be made with the litter issue. Mayor Ridgeway asked if the other jurisdictions included sidewalks and parking areas adjacent to the beaches. Deputy City Attorney Ohl stated that in San Clemente, the ban does not apply to those areas and that they plan to install cigarette receptacles in the areas. In response to Mayor Ridgeway's question, General Services Director Niederhaus stated that his employees do utilize Volume 56 - Page 921 City of Newport Beach Study Session Minutes May 25, 2004 I.l handheld screens in the smaller areas, but that the manpower is usually not available to perform the function. Mayor Ridgeway confirmed that the General Services Department feels that they are effective on the main beach. General Services Director Niederhaus added that it's difficult to get to the areas where the mechanized equipment can't be used. Stephanie Barger, Earth Resource Foundation, stated that it is fully documented that there is no constitutional right to smoke. She stated that she also has information about what the other jurisdictions are doing, and noted that Seal Beach banned smoking on the piers quite a few years ago due to the fire hazard. Legislation is currently underway to ban smoking on State beaches. Ms. Barger stated that her group is also working on making the violation result in an administrative citation instead of being considered a misdemeanor, so that the court system won't be clogged. She stated that tobacco is the number one drug and the number one cause of death in the country. She stated that the beaches are a play area for children. In closing, Ms. Barger stated that the smoke free beach issue should be looked at like the regulations for the environmentally sensitive areas and that the signs will be effective. She asked the City Council to put the environment and the health of children at the forefront. Council Member Bromberg asked Ms. Barger if she would have an expectation in the future that the City would expend resources to enforce the ban. Ms. Barger stated that unless people know they're going to get a ticket, they will ignore the law. She stated that smoking is obvious and that the issue has received a lot of publicity, so people know it's coming. Any law should be enforced and she noted the success of enforcement at Hunama Bay. She additionally noted that if the City is willing to expend resources to write parking citations, they should also be willing to expend resources for this issue. Mayor Ridgeway noted that Hunama Bay is very small, whereas Newport Beach has 11 miles of beaches. City Manager Bludau asked Ms. Barger if she was aware of how the enforcement issue is being addressed in the proposed legislation to ban smoking on State beaches. Ms. Barger stated that the legislation was just introduced earlier in the day, but that she would follow -up on the issue and report back to the City. Jim Walker, Director of Stop Tobacco Abuse from Minors Pronto (STAMP), reported that there's a $250 fine that can be placed on any infraction for smoking on beaches. He stated that this would not be necessary very often and that the ban is expected to be complied with. He explained that over 60% of smokers want to quit and are supportive of a ban. Mr. Walker stated that substantial compliance will reduce trash and the risk of structure fires, and that 95% of the people will comply with the law. He stated that he sees the smoke free beach phenomenon sweeping through the country, that it's a health issue and that it's inappropriate to smoke around other people. Scott Moreland, Newport Harbor High School teacher, stated that several of the people in attendance at the current meeting are his students and that they've been appalled by what they've found in the beach cleanups that they've conducted. He stated that one of his classes is a surfing class and the students Volume 56 - Page 922 City of Newport Beach Study Session Minutes May 25, 2004 INDEX have seen cigarette butts in the water. Additionally, there are pockets throughout the beach where the City's beach cleaners can't reach. Mr. Moreland stated that people visit Newport Beach and expect to have pristine beaches. He stated that cigarettes are a problem and the matter needs to be addressed. Ellie Burbenbeck, President of the Earth Resources Foundation Club at Newport Harbor High School, noted that various other public facilities have also gone smoke free, such as Disneyland, Irvine Spectrum and Angel Stadium. She felt that it could also be done on the beaches in Newport Beach. She reported that in November of 2003, her club conducted a beach cleanup just a few days after the beach was cleaned by the City and that they picked up over 13,000 cigarette butts. She stated that the ban is necessary. Council Member Webb suggested the process to adopt an ordinance begin. He stated that his concern is for both the smoking and the trash. He stated that he doesn't want to be forced to breathe others smoke and feels that it also creates a trash problem. Council Member Rosanksy stated that he doesn't see the issue as just a litter problem. He asked how the Police Department enforces the other activities that are prohibited on the beach. Police Chief McDonell stated that they are enforced based on calls for service, observation and discretion. He stated that it's a matter of priorities, and that enforcing no smoking on the beach would not be a high priority. Council Member Rosansky confirmed with Police Chief McDonell that there is a police presence on the beach and that some enforcement would occur. Police Chief McDonell stated that it's important to understand that the public often gets frustrated when a law is adopted and there isn't adequate enforcement. He stated that there's a difference with the ban on smoking in bars because there's an incentive for the bar owner to maintain compliance. Mayor Ridgeway asked if a smoking ban would create too high of an expectation. Police Chief McDonell stated that it would create frustration on the part of those that want to see it more heavily enforced. Council Member Rosansky asked the Police Chief if he felt that people were generally law abiding. Police Chief McDonell stated that there is generally an 85% compliance rate with any law. Council Member Rosansky concluded that without enforcement, there is the potential then to reduce 85% of the smoking and the litter associated with it. Mayor Ridgeway noted the signs at the base of the Balboa Pier, which state that 3 -wheel and 4 -wheel bicycles on prohibited on the boardwalk. He stated that the police do not enforce it. Police Chief McDonell stated that it's a matter of priorities. City Manager Bludau asked if the Police Chief would expect his officers to respond to every call for service. Police Chief McDonell stated that he expects his officers to do their routine patrol and that responding to every report of cigarette smoking would not be a priority. Council Member Bromberg asked the Fire Chief his opinion on the lifeguards enforcing the ban. Fire Chief Riley stated that it would be highly contradictory to the directive given to the lifeguards, which is to keep their eyes on the water. He stated that they are public safety professionals and it would not be an appropriate use of City resources. Volume 56 - Page 923 City of Newport Beach Study Session Minutes May 25, 2004 INDEX Council Member Rosansky asked if the lifeguards currently enforce any of the activities that are prohibited on the beach. Fire Chief Riley responded in the negative and stated that the exception is the blackball ordinance, which is a no surfing ordinance in effect during certain times of the year on certain areas of the beach. He stated that compliance is sought and if the lifeguard is not effective, the police are called for enforcement. Regarding smoking on the piers, Fire Chief Riley stated that it's not an issue in Newport Beach because the piers are concrete. Mayor Ridgeway stated that he doesn't like scofflaws and the expectations of enforcement. Council Member Nichols asked if there are any restrictions on the City enforcing a smoking ban on a State beach. Mayor Ridgeway responded in the negative. Council Member Nichols stated that there is no good evidence that secondary smoke causes deaths. It is even less relevant when done outdoors. Council Member Heffernan expressed his support of a ban for both the issues of smoking and trash. He stated that staff should be directed to draft an ordinance, and that enforcement shouldn't be an issue. It will be self policing and is a statement made by the City. Mayor Ridgeway suggested that the matter be looked at by the Parks, Beaches & Recreation Commission, noting that there are several issues that still need to be addressed. Council Member Heffernan stated that he doesn't want to see the matter get bogged down and that the City Council should still have the final say. Council Member Bromberg stated that the idea of having a ban is a good idea for the both health and litter reasons. He stated that he also doesn't like scofflaws either and that his primary concern is enforcement. Council Member Bromberg noted Ms. Barger's expectation that the law would be enforced. Council Member Bromberg agreed that it would be a good idea to have the Parks, Beaches & Recreation Commission look at the matter further. He stated that there must also be an understanding that any ban would involve voluntary enforcement. City Manager Bludau noted that the Parks, Beaches & Recreation Commission doesn't meet again until July 6, 2004, but that the City Council could set the timeframe for when the matter would be addressed and return to the City Council. Mayor Ridgeway suggested that the matter return to the City Council in ninety days. Council Member Heffernan noted that this would given the Parks, Beaches & Recreation Commission an opportunity to study how the newly- enacted bans are working in the other cities. Volume 56 - Page 924 City of Newport Beach Study Session Minutes May 25, 2004 INDEX City Manager Bludau suggested that it could return to the City Council in 120 days. PUBLIC COMMENTS - None. ADJOURNMENT - at 6:15 p.m. The agenda for the Study Session was posted on May 18, 2004, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor 0uynlr�(- an City Clerk 2k� X05 LL 0 < CAb F Volume 56 - Page 925