HomeMy WebLinkAbout03/10/2009 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
March 10, 2009 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb,
Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem Curry
Mayor Pro Tern Curry arrived at 4:19 p.m
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR,
Regarding EQAC appointments (Item 11), Assistant City Manager Wood confirmed that
she can let Council Members know when there is a vacancy, but stated that the committee
has been reviewing the applications on file and making recommendations to Council.
Council Member Henn indicated that he will be pulling Item 8 (Workers Compensation
Third Party Administration Services) to receive an explanation about why the City is
renewing the contract instead of bidding it out.
Regarding Item 15 (Newport Beach Conference and Visitors Bureau Agreement), Council
Member Henn believed that more financial information and history should have been
provided.
City Manager Bludau indicated that he intends to pull Item 18 (Ad Hoc Committee for
Negotiating the Conexant and Koll Company Development Agreements) off the agenda.
2. CONSIDERATION OF ADDITIONAL SMOKING PROHIBITIONS.
Assistant City Manager Wood reviewed the staff report and highlighted smoking
prohibitions from other California cities. She noted that EQAC believed that any
residential smoking prohibition might be excessive, but supported prohibiting smoking in
public places, like parks and outdoor dining areas.
Council Member Gardner indicated that she wrote about this issue in her district
newsletter and expressed her reasons for supporting EQAC's suggestion.
Council Member Henn agreed that placing restrictions on private properties is excessive,
but believed that something should be done for the individuals who are involuntarily
exposed to health hazards. He also noted that cigarette litter is an environmental issue.
He expressed concern relative to how this could affect the hospitality industry, especially
in today's economic environment. He recommended that a draft ordinance be brought
back so discussion can be heard from all sides.
Regarding enforcement, Council Member Gardner agreed that this will not be the Police
Department's focus, but gives individuals the ability to ask people not to smoke due to City
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City Council Study Session
March 10, 2009
laws. Mayor Selich reported that the Police Department has issued 105 smoking citations
in the last three years. Council Member Henn expressed support for allowing the Police to
enforce the law at their discretion when they see an egregious situation. City Manager
Bludau reported that the Park Patrol Rangers may be able to conduct enforcement in City
parks, but doing so would change their job duties. He noted that all the parks would also
need to be re- signed.
Mayor Selich indicated that he is not in favor of pursuing this due to other issues staff
needs to deal with and due to limited resources. He believed that the restaurant industry
will be opposed to including outdoor dining in the ordinance. Council Member Daigle
agreed and noted that she has not heard from many citizens that want this prohibition.
Dianna Pfaff - Martin expressed support for prohibiting smoking in multi- housing
condominium buildings and in public areas, and expressed concern for her rights and
property value.
Mohammad Forouzesh, Public Health Professor at California State University, Long
Beach, reported that he provided a report to Santa Monica and emphasized the health
issues related to smoking.
Ken Drellishak, EQAC Chair, stated that EQAC believes that regulations should be
implemented in areas that the City has clear jurisdiction. He noted that the State and
many cities have been implementing smoking regulations since the 1990s.
Council Member Webb suggested looking into prohibiting smoking within 40 feet of
entrances, exits, or open windows of buildings that are open to the public. Council
Member Rosansky requested that the next staff report list all the current State
regulations and suggested that the ordinance focus more on public areas. Council Member
Daigle requested that the City Manager discuss the possibility of prohibiting smoking and
leaf blowers in the next community newsletter so the City can receive public input.
8. CURRENT ECONOMIC TRENDS.
Assistant City Manager Wood .highlighted the City's economic trends as it relates to
commercial vacancies, building permits, business license activity, and utility
delinquencies. She explained that the commercial vacancy data does not include vacancies
that have not been listed with a broker and discussed how the building permit data can be
affected by large projects. She also highlighted the reports received from the commercial
areas. Revenue Division Manager Everroad reported that the number of new business
licenses has increased since the City has started using data provided by the Franchise Tax
Board to identify new businesses.
Council Member Daigle asked if the City would consider resource adjustments during
budget deliberations if workload is down. She received an explanation of what needs to
occur in order for a utility shut -off to occur and that the City can work with people who are
undergoing a financial hardship.
III. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 4:50 p.m.
The agenda for the Study Session was posted on March 4, 2009, at 4:05 p.m on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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City of Newport Beach
City Council Study Session
March 10, 2009
Volume 59 - Page 101