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City of Muskegon
City Commission Worksession
February 12, 2007
City Commission Chambers
5:30 PM
MINUTES
2007-13
Present: Commissioners Spataro, Warmington, Wierengo, Davis, Gawron, and
Shepherd
Absent: Commissioner Carter
WMKG - TV38 Fenton L. Kelley's Request for Letter to Comcast
Commissioners discussed Mr. Kelley's request to send a letter to Comcast Cable
requesting the station to be placed on a lower channel.
Motion by Commissioner Spataro, seconded by Commissioner Wierengo to call
Comcast and state our concern and to follow the telephone call with a letter
including the viewing station.
MOTION PASSES
PUD's that Don't Fulfill their Obligations (Davis)
Commissioner Davis expressed frustration with PUD's not fulfilling their agreements.
Mayor Warmington directed staff to contact Jacobson's to express their disappointment
regarding the PUD and to seek advice from legal counsel.
Muskegon City Commission Goals
Commissioners discussed an action plan for each goal. Mayor Warmington suggested
that each commissioner review the goals and develop an action plan.
Commissioners will speak further regarding the goals at the Community Relations
Committee scheduled March 5, 2007.
Management Agreement for Fisherman's Landing
A proposed agreement for management of Fisherman's Landing was presented to the
Commission. Staff met with representatives on several occasions to work out details of
the agreement and to forge a stronger relationship with the group. Key provisions
include:
Fisherman's Landing assumes responsibility for grass mowing and peak-season electric
costs.
Fisherman's Landing to provide financial repo1ts and meet periodically with staff.
Fisherman's Landing to submit for approval site plan of improvements and campground
expansion.
Facility to move towards self-sufficiency and further relieve city of financial obligations.
It is also proposed to expand the number of campsites to 102.
Several Commissioners stated their support for the expansion of the Fisherman's
Landing.
It is also requested that a resolution be adopted to designate the channel from Muskegon
Lake into Fisherman's Landing Launch & Campground as a ''No Wake Zone" and that it
be posted and enforced and buoys be placed into the channel itself.
Sewer Back Up Claim at 1301 Eastwood Drive
There were two sewer back-ups within a month of each other. The amount to settle the
claim is $14,736.39.
Motion by Commissioner Shepherd, seconded by Commissioner Spataro to
authorize the payment of $14,736.39.
ROLL CALL VOTE:
Ayes: Commissioners Shepherd, Spataro, Warmington, Wierengo, and Davis.
Nays: None.
MOTION PASSES
Commissioner Gawron absent during roll call.
Any Other Business:
Smokeless Beaches
A request was presented to designate the beaches as smoke free.
Cynthia Price, 1357 W. Summit, spoke in favor.
Donald Shampine, 12296 Lakeshore Drive, Grand Haven Township, spoke in favor.
Orville Crain, 530 E. Giles Road, Muskegon Township, spoke in favor.
Gail Law, 3085 ldlewild, spoke in favor.
Helen Sherman, 1347 Peck, spoke in favor.
Jamie Cross, Alliance for the Great Lakes, residence in Norton Shores, spoke in favor.
Discussion took place at great length among the commissioners. Enforcement was one of
the key topics.
City Manager, Bryon Mazade, was chosen to be the liaison between the committee and
commission. He will gather additional information regarding the subject.
Budget Transfers
Commissioner Spataro moved, Vice Mayor Gawron seconded, to approve the
following transfers in the General Fund:
Transfers In:
Sidewalk Fund $150,000
Budget Stabilization $150,000
Local Street $100,000
Major Street $200,000
Rehab Loan Escrow $ 7,740
Transfer Out:
General Fund $607,740
ROLL CALL VOTE:
Ayes: Commissioners Spataro, Warmington, Wierengo, Davis, Gawron, Shepherd.
Nays: None.
MOTION PASSES
Adjournment
Commissioner Spataro moved, Commissioner Shepherd seconded, to adjourn the
meeting at 7: 12 p.m.
MOTION PASSES
\ \
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Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
RESOLUTION 2007-13
WHEREAS, the City Commission met on February 12, 2007 at 5:30 p.m. at its
regular worksession and reviewed recommended budget transfers;
NOW, THEREFORE, BE IT RESOLVED that the City Commission approves
the following budget transfers:
Transfers In:
Sidewalk Fund $150,000
Budget Stabilization $150,000
Local Street $100,000
Major Street $200,000
Rehab Loan Escrow $ 7,740
Transfer Out:
General Fund $607,740
CITY OF MUSKEGON
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Ann Marie Becker, MMC
City Clerk
F1Fc~E1vJl1/MKG
, -•, I\j 4J
• Ii\ 'l ,S'
,, 2007
Mr. Bryan Mazade:
Over 40 years ago Channel 13, now WZZM was licensed to broadcast in Muskegon.
Within a year it moved to Grand Rapids, because it could not make it financially in the
Muskegon market. Also, about 35 years ago Channel 54 was broadcasting from the
Occidental Hotel. It lasted about two years here in Muskegon, and went broke.
Sixteen years ago Channel 40 went on the air in Muskegon. After several fights with the
cable company it was put on cable part time. It had to share a channel. Then it was pulled
off and another fight was in progress. After several channel changes it was assigned
channel 98. Something no one had ever heard of.
On September 15th 2006, the channel was again moved. Now it was changed to Channel
295. They called it digital basic. Something that was never heard of before. Channel 295
is impossible for people to receive without a special digital box. This cut the cable TV
audience to less than a third. In addition, we were put on the preview guide where no one
can find our programming. Since this happened our revenue has been cut to twenty
percent of what it was. We have had four sales people quit. One had been with us over
three years. We had two shows that were with us over 12 years cancel. Both of these
were locally produced. Several local churches have quit broadcasting because their older
crowd can not afford the extra cost and many can not maneuver the digital box.
Because of the switch to digital TV, the FCC will not license any television station for
broadcasting in the next five to ten years. Everything and everybody must be digital
before they begin the licensing period again.
Unless we are moved to a lower basic channel number on cable we will be forced to
discontinue broadcasting. This will be the last of Muskegon over the air broadcasting.
People are being forced to get a digital box to receive us and a lot of people are refusing
to get the box because of the cost and also because the senior citizens do not want to learn
how to operate it. We believe this was a ploy to force people to rent the box and also to
get as many boxes into people's homes as they could.
What we are asking from you is that you send a letter to Comcast Cable requesting them
to move us to a lower channel that does not require a special box before it is too late for
us and the community.
Communities that have TV broadcasting stations continue to grow. They can be seen and
they can be heard.
We are not just a cable channel but we are also an over the air channel. All of the
broadcast channels in the area have been moved to their specific broadcasting number.
4237 Airline Rd.• Norton Shores, Michigan 49444 • Ph. (231) 733-4040 • Fax (231) 739-4329
WMKG
Channel 13 has been moved to number 13, channel 3 is on number 3, channel 8 is on
number 8. We are broadcasting on 38 and would like to be moved to number 38.
We are licensed to Muskegon, and we have not gone broke and we are not planning to go
to the larger market of Grand Rapids, so please take the time to let Comcast Cable know
how you feel about this channel change and hopefully they will do something about it.
Fenton L.Kelley
WMKG-TV38
4237 Airline Rd.• Norton Shores, Michigan 49444 • Ph. (231) 733-4040 • Fax (231) 739-4329
p. 1
Digital Spectrum Enterprises
(of West ,richigan)
105 W. Sherman Blvd
Muskegon, MI 49444
(231) 733-9699
Dear City Commissioners:
In regard to the letter received by our areas five municipalities in which WMKG requests that each
area franchise become involved in the current dispute between \VMKG and Comcast Cable by
attempting to force Comcast to move WMKG to a lower channel location, DSE/TV97 wishes to
express the following concerns:
In 2000, the Federal Communications Commission (FCC), issued each "low power" television station
(including WMKG), an additional FCC license, one to remain traditionally analog and the other to be
converted to digital. At this time, each station was informed that by the year 2006, it would be
imperative for them to operate in a digital format as the traditional analog format would no longer be
transmitted. In 2006, however, the digital transmission deadline was extended two years.
As you will recall, DSE has had to fight its own battle with Comcast Cable. Most fortunately, thanks
to the intervention of the City of Muskegon, we were able to continue to air community programming,
being appointed by the City of Muskegon as the managing entity of its own government/community
access channel.
Though we fully understand what it is to have an organization which has taken years to build face
complete termination and sympathize with WMKG, our circumstances our very different. By
appointing DSE as the managing entity of its government access channel, the City of Muskegon was
simply exercising a right granted to them by their current Franchise Agreement with Comcast Cable.
WMKG, however, has known for seven years that if it wished to remain on the air, it would ultimately
be forced to operate in a digital format and should have attempted to take the necessary steps to make
this conversion possible.
The following statement is pure speculation on the part of DSE. It is our opinion that there are three
reasons why Comcast Cable chose not to include "'MKG in its primary station line-up. First, it is not
contractually obliged to do so. Second, WMKG is not a commercial channel and receives a lower
percentage of viewers. The third reason is that since WMKG has not taken the necessary steps to
convert its analog signal to digital format, and since Comcast is aware that as of2008-2009, if the
conversion has not taken place, the FCC will no longer allow \VMKG to broadcast at all, they were not
given a primary channel position.
As to the question of whether the existence ofWMKG has had a negative effect on the operation of
DSE/TV97, our answer would unfortunately have to be yes.
It is our opinion that if WMKG were to exercise ethical business practices, our two stations could both
operate most favorably, working together to build the Muskegon area through television, assisting one
another. However, since DSE discontinued purchasing air time from WMKG in 2002, we feel that the
actions of WMKG toward our non-profit organization have been deplorable.
p.2
On June 1 of 2005, DSE became contracted with the City of Muskegon to manage its government
access channel. Since that time, on numerous occasions, WMKG bas contacted Comcast Cable
directly, falsely accusing DSE of not following the noncommercial standards of a PEG (public,
educational, government) access station. WMKG has on at least one occasion recorded DSE
programs, which essentially in itself is a copyright violation, and fonvarded these recordings to
Comcast as evidence against DSE. DSE was never penalized by the FCC as the allegations by WMKG
proved to be unfounded.
On numerous occasions, DSE's undenvriting businesses have informed us that they have been
frequently approached by \Vl\1KG sales representatives who verbally bash DSE and attempt to
persuade the underwriting business to discontinue its support of the community station and begin
advertising with \VMKG.
DSE has always attempted to exercise ethical business practices in dealing with WMKG. If we know
that a business has been a regular advertiser with WMKG, we avoid approaching them for
underwriting support. We never speak negatively of either WMKG or Muskegon Community
Colleges Channel 98 in order to "Make a Sale".
Finally, and most disturbing to DSE, at least one non-profit organization that has wanted to be
featured regularly on DSE/fV programming, and is also featured on WMKG, has informed us that
they have been told by \VMKG that if they had any association with the City Channel, they would no
longer receive any air time from WMKG.
Thank you for your time. I hope that this letter is of some assistance to you. I do apologize for the
negativity it may convey.
Most Sincerely:
Ann Bratsburg, President
DS Enterprises
(231)737-0066
@omcast® Comcast Cable Communications, Inc.
i 070 Trowbridge Road
East Lansing, Ml 48823
February 7, 2007
Bryon Mazade, Manager
City of Muskegon
933 Terrace St.
Muskegon, MI 49443
Dear Mr. Mazade:
As announced in a letter dated August 17, 2006, it was necessary to make changes to the
channel line up on the cable system in the Muskegon area to enhance the value of
services for our customers. The locations of certain channels were changed to achieve a
theme-based line up to ease the navigation through sports, family, music, news and
general entertainment channels. The changes also made possible the launch of ON
DEMAND from Comcast.
ON DEMAND from Comcast Digital Cable allows digital cable customers to select from
hundreds of movies and other programs, in many cases, for no additional charge.
Customers can rewind, fast forward and pause programs. They can also store selections
for up to 24 hours from the time of ordering so they can watch programs whenever and
however often they like.
Recently, you may have received a letter from low-power television station WMKG
regarding its position on the Comcast cable channel line up following the changes last
September. Please be assured that these changes to channel line up were made in
accordance with applicable federal law and contractual agreements. Please feel free to
call me at (517) 333-6028 with any questions you may have.
Sincerely,
John P. Gardner
Government Affairs Manager
Comcast - Western Michigan Area
RECEIVED
FEB O 9 2007
MUSKEGON
CITY MANAGER'S OFFICE
AGENDA ITEM N O . - - - - - ~
CITY COMMISSION MEETING February 13, 2007
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 7, 2007
RE: 2007 - 2008 City Commission Goals
SUMMARY OF REQUEST:
To adopt the 2007 - 2008 City Commission goals.
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached Vision, Value and Mission statements and the 2007 - 2008 goals.
COMMITTEE RECOMMENDATION:
The City Commission determined these goals at their annual goal setting session on
January 26, 2007.
pb\AGENDA\2007-08 COMMISSION GOALS 020707
VISION
MUSKEGON, THE PREMIER SHORELINE CITY
OF WEST MICHIGAN.
VALUES
PROVIDE ALL SERVICES IN A PROFESSIONAL, ETHICAL,
COURTEOUS, AND COST-EFFECTIVE MANNER.
MISSION
TO IMPROVE THE QUALITY OF LIFE FOR THE
CITIZENS OF MUSKEGON THROUGH
STEWARDSHIP OF RESOURCES, EXCELLENT
SERVICE AND LEADERSHIP FOR THE GREATER
COMMUNITY.
• Take Leadership Responsibility for Improving Race Relations and
Diversity. ·
• Foster Opportunities for City Youth.
• Promote Economic Stability, diverse Economic Growth, and
Redevelopment.
• Sustain the Natural, Cultural, and Recreational Resources of the
Community.
• Foster Strong Ties Among Governments & Community Agencies.
• Develop and Maintain City Infrastructure and Facilities.
• ~laintain and Enhance the Residential Neighborhoods of the City.
MUSKEGON CITY COMMISSION GOALS
2007-2008
BLIGHT FIGHT (11) - To continue and consider improvements to the coordinated
effott of several City departments to address blighting influences throughout the City
and in targeted areas. * *
REGIONAL COOPERATION (8) - Consider ways to cooperate with other local
governments, including schools and the county, to provide the most cost-effective
municipal services.
FARMERS MARKET RELOCATION DECISION (7)- Consider the relocation of
the farmers market and come to a conclusion in 2007 about whether it will be
relocated.
SMARTZONE STRATEGY (6) - Consider ways to spur development at this site.
This should include consider taking the remaining unsold properties, per the
development agreement between the City and Lakefront, LLC. **
SUSTAINABLE INFRASTRUCTURE (6) - Consider ways to maintain and fund
City infrastructure (200 miles of streets, water mains, sanitary sewer mains, storm
sewer mains). *
YOUTH RECREATION FACILITIES (3) - Consider sustainability of existing
facilities and any proposed facilities through the master planning process. Also
analyze the cost and benefit of the existing recreation programs and consider
partnerships or contracting with other agencies.
REDUCTION/MODIFICATION OF CITY SERVICES (3)-Look for ways to
reduce costs and/or maximize service levels through functional consolidation
(internal or external) and reduction or modification of services. *
LAKESHORE PATHWAY (1) - Continue the expansion of the City's trail system,
especially linking it to the Musketawa Trail, Heritage Landing, Clara Shepherd Park,
and neighborhoods.
MARKETING/PUBLIC RELATIONS (1) - Consider the possibility of funding a
position or contracting for marketing and public relations services to better
communicate the virtues of the City and enhance the image of the City.
LEED BUILDING POLICY (1) - Consider policy for the construction or renovation
of LEED (Leadership in Energy and Environmental Design) certified buildings.
Note: The above is a description of the City Commission goals and is arranged in
order of priority. The highest priorities are listed by *.
Date: February 13, 2007
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Management Agreement - Fisherman's Landing
SUMMARY OF REQUEST: Attached is a proposed agreement for management of
Fisherman's Landing for the next seven years. Staff has met with Fisherman's Landing
representatives on several occasions to work out details of the agreement and to forge a stronger
relationship with the group. Key provisions of the new agreement:
• Fisherman's Landing assumes responsibility for grass mowing and peak-season electric costs;
• Fisherman's Landing to provide financial reports and meet periodically with staff;;
• Fisherman's Landing to submit for approval site plan of improvements and campground
expansion;
• Facility to move towards self-sufficiency and further relieve city of financial obligations
Staff believes Fisherman's Landing, Inc. is in the best position to manage the facility and oversee it's
continued future growth. Both parties recognize the need to improve communications. The
agreement also contains a thirty-day termination clause.
FINANCIAL IMPACT: Estimated $10,000 cost savings to city by additional responsibilities
being taken on by Fisherman's Landing manager. Goal to make facility completely self-supporting.
BUDGET ACTION REQUIRED: Noneatthistime.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
O:\FIN ANCE\P AUL \My Documents\Agenda Item Fisherman'sLandingAgreement(0 1230 7).doc
MANAGEMENT AGREEMENT
This Agreement is made this 13th day of February, 2007, by and between the CITY OF
MUSKEGON, a Michigan municipal corporation, whose offices are located at 933 Terrace
Street, Muskegon, Michigan 49443-0536 ("City") and FISHERMAN'S LANDING, INC., a
Michigan nonprofit corporation, whose address is 501 E. Western Avenue, Muskegon, Michigan
49440 ("Manager"),
Background
A. Fisherman's Landing (Giddings Street Launch Ramp) is a park within the park
system of the City, and is located at 501 E. Western Avenue.
B. Fisherman's Landing is designated to furnish camping and boating facilities to the
general public.
C. The City is authorized by the State of Michigan to own and operate Fisherman's
Landing and is authorized to delegate its operation to Manager.
D. Manager is willing on the terms and conditions hereinafter set forth to operate
Fisherman's Landing during the term of this agreement.
E. City, in consideration thereof, will assume and perform certain duties and obtain
certain benefits as hereafter itemized.
NOW THEREFORE, IT IS AGREED:
1. Covenants of Manager. Manager shall, during the term of this agreement on an
annual basis, do and perform the following:
(a) Operate the campground facility in an efficient and competent manner for
as many hours of the day as are necessary, and collect campground fees
from the users. The fees collected shall be accounted for to the City and
placed in the fund set forth below in paragraph !(d). The campground
shall be open, at a minimum, from May I 5th to September 15 th on an
annual basis.
(b) Keep clean and maintain in an acceptable manner the restroom and shower
facilities, fish cleaning station, shelter building and office building.
(c) Maintain the grounds in an acceptable manner, including grass mowing
and litter pick-up. Should the Manager's equipment be temporarily
O:IFINANC E\P AUL\My Docmnents\Agenda Item Fishennan'sLandingAgreement(0 12307).doc
inoperable, City agrees to mow the grounds on a temporary basis, not
exceeding fourteen days
(d) Retain any excess of income over expenses derived from Manager's
operation of Fisherman's Landing in a separate fund which Manager shall
devote to assisting the City in the funding of capital improvements at
Fisherman's Landing, or other projects mutually agreed annually upon by
the parties.
(e) Provide to the City on an annual basis, and no later than January 30, a
financial report for the previous calendar year showing all expenses
incurred and revenues received as a result of Manager's operation of
Fisherman's Landing. The report shall be prepared using QuickBooks
financial software, or a similar commercially-available financial software
product. Subject to City auditor review and approval, the report may be
prepared on an Excel spreadsheet which details itemized monthly revenue
and expenses.
(f) Supply cleaning supplies and paper products as necessary for the
maintenance and operation of the restroom and shower facilities.
(g) Secure any and all required licenses and permits for the operation of
Fisherman's Landing.
(h) Provide City with reports of all fishing tournaments held at Fisherman's
Landing, providing as much detail as possible using current procedures.
Work to develop and implement procedures which would detail revenue
generated, number of participants, etc.
(i) Reimburse the City for the full cost of electric service provided during the
months of May, June, July, August and September of each year.
Reimbursement shall be paid to the City no later than December 1 of each
year for services provided in that year. The City agrees to provide copies
of all utility bills for the facility to the manager on a monthly basis.
(j) Provide to City staff no later than June 30, 2007 a site plan of capital
improvements for the site anticipated over the next five years. Said site
plan will be submitted to city staff and, if deemed necessary, to the City
Planning Commission for formal approval. Once site plan approval is
received, it shall not be necessary for Fisherman's Landing, Inc. to seek
separate City approval for improvements included in the plan.
Fisherman's Landing agrees that, at least annually, it will meet with City
staff to review the status and any proposed changes to the site plan.
2. Improvements. It is understood that any improvement made to the site will
become the property of the City
O:\F!NANCE\PAUL\MyDocumentslAgenda Item Fisherman'sLandingAgreement(0l2307).doc
3. Covenants of the City. City shall, at its own cost on an annual basis, during the
term of this agreement, do and perfonn the following:
(a) Maintain in an acceptable state of repair the launch ramp, launch ramp
docks, roadways, parking lots, signs, outdoor lighting in the non-
campground areas, playground, sprinklers in the non-campground area,
and all utilities.
(b) Pay all utility bills for Fishennan's Landing.
(c) Provide for the premises a dumpster for the collection of trash.
(d) Supply 400 pennits at no charge. Manager will be supplied additional
pennits as needed and all revenue from any pennits sold after the initial
400 pennits shall be split evenly between the Manager and City. City
shall receive an itemized listing of all pennits sold.
(e) Supply 4 portable bathrooms (1 being handicap-accessible) for
Fishennan's Landing.
(f) Help identify state or federal grants that may be available for the facility
and work with the Fisherman's Landing Inc. to secure grant funding to
finance improvements at the facility.
4. Launch Ramp Permits. - The City and Manager agree to cooperatively develop
and implement cost-effective strategies for surveillance and enforcement of the City's launch
ramp permit requirements. Strategies to be considered include, but are not limited to, sharing of
costs for a park ranger position and/or sharing fine revenue generated at the Fishennan's Landing
site. Achieving this goal may require mutually agreed to modifications to the tenns and
processes outlined in this agreement. Such modifications may be made through a letter of
understanding signed by the City Manager and the Chairman of Fisherman's Landing Inc.
5. Facility to Become Self-Sufficient - The parties recognize that the City currently
pays utility and certain other costs (including those outlined above) necessary for operation of
the Fishennan's Landing facility. The parties agree that a shared goal is to achieve financial
self-sufficiency for Fisherman's Landing during the term of this agreement. Achieving this goal
may require mutually agreed to modifications to the tenns and processes outlined in this
agreement. Such modifications may be made through a letter of understanding signed by the
City Manager and the Chainnan of Fishennan's Landing Inc.
6. Term. Subject to the termination provision of this agreement, it shall commence
th
the 13 day of February, 2007, and terminate the 13th day of February, 2014. The parties may
mutually agree to renewals of this agreement, the tenns and provisions thereof to be negotiated.
O:\FlNANCE\PAUL\MyDocuments\Agenda ltem Fishennan'sLandingAgrecment(0l2307).doc
7. Insurance. The Manager shall, at its cost, procure and maintain during the term
of this agreement the following insurance policies, naming the City as an additional insured, and
maintaining policies which provide that the City shall receive at least thirty (30) days notice prior
to cancellation:
(a) Comprehensive general public liability insurance single limit in the
minimum amount of $1,000,000.
(b) Motor vehicle liability in the minimum amount of$1,000,000 (this
insurance requirement shall not be effective until such time as Manager
purchases a vehicle for use at Fisherman's Landing, or Manager obtains
uses of City-owned vehicles.)
(c) Worker's Compensation Insurance covering all persons deemed to be
employees of Manager by law.
(d) All policies of insurance shall be evidenced by certificates and shall be
placed with insurance companies acceptable to the City and licensed to do
business in the State of Michigan. Said insurance shall be kept in force
and new certificates supplied for substituted or renewed insurance.
8. Compliance With Laws. Manager shall promptly comply with all ordinances of
the City of Muskegon and statutes of the State of Michigan with respect to the use of said
premises, any construction upon said premises, and further agrees to fully comply with all
regulations imposed upon the City by the State of Michigan's Department of Environmental
Quality insofar as such regulations pertain to any of the promises or undertakings of Manager set
forth in this agreement.
9. Termination. This agreement may be terminated by City or Manager upon
furnishing the non-terminating party written notice of termination not less than thirty (30) days
prior to the effective date of termination.
10. Notices. Any notice required to be given in writing under the provisions of this
agreement shall be deemed to be delivered if given personally to the party entitled to such notice
or if deposited in the U.S. mail to such party at the address set forth in the introduction of this
agreement with postage thereon fully prepaid.
11. Other Agreements. Manager and City acknowledge the existing of a
Development and Reimbursement Agreement dated , 200_, which remains in full
force and effect. Nothing in this Agreement is intended to alter the obligations of the parties in
the Development and Reimbursement Agreement. Other than the Development and
Reimbursement Agreement any other agreements between the parties shall be null and void.
The parties have caused this agreement to be executed on the date first above written.
O:\F INANCEIP AUL \MyDocuments\Agcnda Item Fishemian 'sLandingAgreement{ 0 123 07). doc
CITY - CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
And
-------------
Ann Becker, MMC, Clerk
MANAGER- FISHERMAN'S
LANDING, INC., a Michigan non-
profit corporation
By _ _ _ _ _ _ _ _ _ _ __
Its
-------------
0: \FIN ANCE\P AUL\My Documents\Agenda Item Fishennan 's Lan dingAgreement(O 12 307). doc
501 East Western Avenue
Muskegon,MI 49440
Phone: (231) 726-6100
February 5, 2007
To Whom It May Concern:
This letter is a request for permission to proceed with expansion plans for Fisherman's Landing
Launch and Campground, in accordance with the submitted blueprint.
Fisherman's Landing is a boat launch and campground facility owned by the City of Muskegon,
and located on the southeast shore of Muskegon Lake. The "Landing" has been used as a launch
ramp since approximately the early 1970's (known at the time as Giddings Street Launch) and
eventually expanded to include a 14-site campground. Growth continued through the years,
achieving 39 campsites in the mid-1990's, and now includes 54 campsites, plus a group area for
up to 20 tents. Sadly, most campers prefer the amenities of water and electricity on their sites and
this "rustic" tent area usually sits vacant while dozens of potential campers are turned away.
In 2002, already feeling the pinch from too few campsites, an expansion plan was proposed and
designed. The area has since been surveyed and the plan redrawn by Westshore Consulting to
best incorporate current sites and roads while expanding to 102 usable campsites; most will be
usable by either tents w trailers. With the completion of the new restroom in 2005, it's now time
to proceed with the expansion project.
As managers of Fisherman's Landing, we respectfully request that the City grant approval for us
to proceed according to the submitted blueprint. We look forward to showing both campers and
boaters what a jewel we have here in Muskegon and, with your approval, this will happen.
Sincerely,
1093 Esther Avenue
Muskegon Ml 49441
-------· -----------
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501 East Western Avenue
Muskegon,MI 49440
anding, Inc. Phone: (231) 726-6100
February 6, 2007
To Whom It May Concern:
This letter is a request for resolution that the channel from Muskegon Lake into Fisherman's
Landing Launch & Campground be designated as a "No Wake Zone" and that it be posted and
enforced accordingly.
Fisherman's Landing experiences several instances each year that cause physical damage to
docks, shoreline, boats and equipment. Damages have included broken downriggers, bow rails
and dock damage, and even one instance where a child was nearly thrown from the dock by a
boater blasting through the channel at full throttle. On investigation, most boaters claim they
were unaware of common boating courtesy that declares channels to be no wake zones and had
not seen any signs stating such.
Though both sides of this channel have al ways been posted as no wake zones, Gary Berdinski, in
charge of Muskegon's Marine Patrol, states that boaters tend not to see signs on shore, and
recommends that "No Wake Zone" buoys be placed into the channel itself. According to the
DNR, which has sole authority to allow placement of such buoys in the waterway, this is a
simple thing to request and implement, but requires a resolution that it is the City's intent that the
Fisherman's Landing channel be treated as a "No Wake Zone."
As managers of Fisherman's Landing, we request that the City implement a resolution
designating the Fisherman's Landing channel as a "No Wake Zone," both to protect City and
guest property, and to avoid accidents which could cause serious personal injury to patrons.
Sincerely,
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City of Muskegon
Finance Department
Memo
To: City Commission 0J•
From: Assistant Finance Director J-Y-
Cc: City Manager, Finance Director, Director of Public Works
Date: 2/5/07
Re: Sewer Back Up Claim at 1301 Eastwood Dr
On October 25, 2006 and October 26, 2006 and then again on November 22, 2006 the homeowners at
1301 Eastwood Drive experienced a sewage back up into their basement. The homeowners William
and Mary Landingham have filed a liability claim against the City for damages and costs associated
with the sewer back ups. The independent adjuster the City uses through the Michigan Municipal Risk
Authority (MMRMA) Chenard & Osborn and the homeowners have agreed on a settlement amount of
$14,736.39 for structural damage and contents. Chenard & Osborn recommends that the City settle
for this amount The claim will be paid from the City of Muskegon's retention fund at MMRMA This
settlement must be approved by the City Commission because of the dollar amount.
Staff recommends approval and asks that action be taken at the Worksession.
Attached you will find the adjustor's reports.
• Page1
Clj.ENARJ) & OSBORN, INC. Adjuster's Report
Pa elof2
5449 - 28th St Court SE Date of Report: January 17, 2007
Grand Rapids, MI 49546 Adjuster: CARLEEN SCHNEIDER
cando@iserv.net Our File#: 1062383
Report Type: @ First D Interim D Final
Phone: 616-956-9345 Fax: 616-956-1106
TO:
Insured: MUSKEGON, CITY OF
MUSKEGON, CITY OF RECEIVED· Policy Number::
933 TERRACE STREET Claim Number:
MUSKEGON, Ml 49443 JAN 1 8 2007 Loss Location: 1301 EASTWOOD DR
C\'I'{ OF MUSKEGON FINANCE MUSKEGON, Ml 49442
Policy Type: Commercial Policy Term:
Attention To: Beth Lewis
Date of Loss: Oct 23, 2006
Coverage Items Covered Insurance Reserve
Deductible $0.00 ·················-······························ ........................... $0 ....... $20,000.00.
Form No: ........................................................... -...................... .$0 ................ $0 00
................................................................................$0 ......... $7,QQQ no
................. ..............................................................$0 ................ :fi0.00.
Total: $27,000.00
Enclosures • Proof of Loss • Diagrams @ Contractor Estimate @ Photographs Qty:12
@ Detailed Estimate D Subrogation Receipt D Police Report •
D Statement of Loss D Inventory Sheets D Fire Report •
Cause
On 10/25/2006, Roots blocked main sewer line causing sewage to back-up into claimant's finished
basement. On 10/26/2006, sewage again backed up into claimant's basement when City was clearing
the line at a near by street. The line was again cleared on 11/22/2006.
Adjustment
We received assignment on 12/18/2006 and met with Mr. 12/19/2006. It was not difficult to observe the
basement had not been cleaned and disinfected after the second back-up. There was a heavy, dried
sewage residue throughout most of the basement. After verifying liability with your office, Mr. was
instructed to call ServPro to reclean. They were not called until 01/04/2007, and cleaning was done
soon after.
We received an estimate from claimant's contractor, Smith & Sons for $22,777.95. They had included
carpet pad, claimant had glue-down, and their estimated cost to replace carpet was at $42.07 per
square yard. ServPro had called Sheffield Builders for an estimate, theirs is in the amount of $9,270.75
and not well-detailed. Their carpet replacement cost is $21.50. We have written a detailed estimate in
the amount of $14,530.20. Our carpet replacement cost is $24.50. After applying depreciation of
$3,743.02 the ACY is $10,787.18. I had discussed our estimate with you yesterday quoting an ACV
amount of $11,189.28, however, that estimate included carpet pad. We have adjusted our estimate
accordingly.
Also enclosed are the two invoices fromf ServPro. Cost of first incident is $4,908.16 and second
incident cost $2,363.72. We have contacted ServPro to fax us a copy of the itemized first invoice.
The claimant has been furnished inventory sheets and we are waiting for those. Per our conversation
with you yesterday, we will discuss with claimants City's payment process and estimated ACV.
Our file is diaried 30 days.
CHENARD & OSBORN, INC. Adjuster's Report
Pa e 1 of2
5449 - 28th St Court SE Date of Report: January 25, 2007
Grand Rapids, MI 49546 Adjuster: CARLEEN SCHNEIDER
cando@iserv.net Our File #: 1062383
Report Type: D First D Interim ~ Final
Phone: 616-956-9345 Fax: 616-956-1106
TO:
Insured: MUSKEGON, CITY OF
MUSKEGON, CITY OF Policy Number::
933 TERRACE STREET Claim Number:
MUSKEGON, Ml 49443 Loss Location: 1301 EASTWOOD DR
MUSKEGON, Ml 49442
Policy Type: Commercial Policy Term:
Attention To: Beth Lewis
Date of Loss: Oct 23, 2006
Coverage Items Covered Insurance Reserve
Deductible $0.00 ---------. ---- --- . _.. _. ----. -----------. --· _-·. -- .. -· _·-- .. --- ----·-- --- ..... $0 . . . . . .. $20,000.00 _
Form No: ......... ··--·-···· .......................... -•-··· ................................$0 ................. $0 00. .
......... ... ..... ········· ........... -·- --- .. ··- ............ ··---. -•-·············$·0....... _____$-7,0QQ.0.0..
···-······-··--------··-······-···-·········--·-- ------·····-·············---- -- $0 --············ $0.00 _
Total: $27,000.00
Enclosures D Proof of Loss D Diagrams D Contractor Estimate • Photographs
D Detailed Estimate D Subrogation Receipt D Police Report ~ Claimant's inventory sheets (2)
D Statement of Loss D Inventory Sheets D Fire Report D
Cause
On 10/25/2006, Roots blocked main sewer line causing sewage to back-up Into claimant's finished
basement. On 10/26/2006, sewage again backed up into claimant's basement when City was clearing
the line at a near by street. The line was again cleared on 11/22/2006.
Adjustment
Attached are claimant's inventory sheets. We have compared their list with that completed by ServPro.
With the exception of two items, a love seat and shutters, the two inventories are the same, It would
appear the claimants have been honest in preparing their inventory judging by the ages of items
indicated, 20 years being the oldest and six years the newest. The claimants placed a value of
$7,898.46 to the listed items. We have applied fifty percent depreciation, for a total allowed amount of
$3,949.21.
The structural damage, $14,530.20 less $3,743.02 depreciation is $10,787.18. The damaged contents
per claimant's inventory, $7,898.46 less $3,949.21 depreciation is $3,949.25.
Please issue check as requested.
Our file is closed with this report.
Payment Recommendations
Informational Packet
Smoke Free Beaches
Volunteers prepare for a beach cleanup at Pere Marquette Park
Cigarette Litter Fact Sheet: Informational fact sheet on cigarette litter data collected by
volunteers, background information on the problems with cigarette litter along with solutions and
local organizations and businesses positions on smoke free beaches.
Chart with Data Results on Cigarette Litter in Muskegon County and Michigan
Muskegon Chamber of Commerce Position on Smoke Free Beaches
List of Communities with Smoke Free Beaches and Designated Areas for Smoking
City of Pacifica, CA smoke free beach ordinance: Materials also contain meeting minutes
from the council meeting pe1taining to the ordinance.
City of Howell, MI Memo: This letter is a request to change the "general rules" to make
Howell's local beach smoke free. The motion was passed in August 2006.
Smoke Free Beach Sign from Salona Beach, CA: Smoke free beach sign used at Salona Beach
in CA. The sign focuses on environmental impacts of cigarette litter.
Adopt-a-Beach Publication: Alliance for the Great Lakes annual Adopt-a-Beach publication.
This edition includes data results for the 2005 Adopt-a-Beach season along with an article on
cigarette litter.
For More Information Contact:
Pere Marquette Adopt-a-Beach events: Gail Law, Muskegon Save Our Shoreline 231-755-4 73 8
Pere Marquette annual September cleanup event: Cynthia Price at 231-578-0873
Pere Marquette smoke free beach initiative: Orville Crain at 231-719-1290
Great Lakes beach cleanups: Jamie Cross, Alliance for the Great Lakes at 616-850-0745 or
j cross@ greatlakes.org
., ·-
Cigarett Background
er on the Beach
Great Lakes beaches and shorelines are vital to our region's economy and
to residents' quality of life. Because they are so important to our communities,
volunteers have enthusiastically participated in caring for our beaches and
Number of cigarette butts shorelines through an annual September beach cleanup. Since 1991, the
Alliance for the Great Lakes and countless community-based groups have coor-
volunteers removed in 2006 dinated volunteers in Michigan. The event is part of the International Coastal
Cleanup, coordinated by The Ocean Conservancy in Washington, D.C. The
from shorelines and
Cleanup has become so popular that the Alliance launched an Adopt-a-Beach
waterways in Michigan, program in which teams of volunteers carry out cleanups year-round.
Wisconsin, Illinois and Indiana Volunteers who participate in these events not only remove debris but
record their findings. From the first cleanup to the latest, the number one item
found has been cigarette butts. Using the information gathered, groups have
attempted to reduce this dangerous and unsightly debris through cleanups
and, more importantly, by educating their communities about the problem. Yet
each year the relative number of cigarette butts found remains constant.
Percentage of all litter
removed in Michigan during This is important because...
Cigarette butts are made of a type of plastic that breaks down into smaller
the annual September pieces in 1-5 years, but can take hundreds of years to completely degrade in the
beach cleanup event that is environment. Cigarette butts are not only unsightly but they contain chemicals
such as cadmium, lead, arsenic and nicotine that leach into our water.
smoking-related Cigarette filters are toxic to fish and birds, and small children will put
them in their mouths.
Beach cleaning equipment, such as the machine used at Pere Marquette
Park, does not adequately remove discarded cigarette butts from the beach.
Number of cigarette butts
removed at Pere Marquette
Beach alone on Communities in the United States and throughout the world have made
September 16, 2006 local beaches smoke free in an effort to reduce th e amount of cigarette litter.
A group of high school students in Solana Beach, California asked their city
council to make the local beach smoke free because of the cigarntte litter they
Cigarette butts found. Their actions sparked a wave of smoke free beaches in California and
state legislation to make all of California's beaches smoke free failed only by a
are the #1 debris very narrow margin. According to preliminary data, cigarette litter was reduced
item found on by 17% the first year, and 40% thereafter in California at Solana Beach.
Some areas have included a designated smoking area with appropriate
beaches in receptacles to encourage smoking-litter-free beaches.
Michigan and Recently Howell, Michigan elected officials made their local beach smoke
around the world. free.
(over)
In Muskegon County...
• As part of the International Coastal Cleanup, 10 beaches in Muskegon
County are cleaned up (and data collected) annually, on the third Saturday
in September, including Pere Marquette Park Beach.
• Muskegon Save Our Shoreline and St. Luke's Lutheran Church do regu- Number of
lar cleanups through the warmer months at Pere Marquette Park, as part
of the Alliance for the Great Lake's Adopt-a-Beach program. cigarette butts
• The beach at Pere Marquette Park is a nationally-designated Blue Wave picked up in Michigan
beach, which helps to attract tourism to the area.
during September's
Options for Enforcement Coastal Cleanup
• Most communities rely on signage and self-enforcement to deter smokers
from smoking and littering. 2006
• In addition, some communities have launched educational campaigns to
inform individuals about the ordinance and the importance of making
beaches smoke-free.
• A few communities have asked their lifeguards or park rangers to issue
reminders when they observe someone smoking.
Number of
Communities embrace smoke free beaches
cigarette butts
picked up
in Muskegon County
Santa Monica Mayor Pro Tem Kevin McEwen, during September's
Santa Monica News Coastal Cleanup
2006
Matt Rodrigues, Assistant City Manager, Solana Beach, CA
Christian Science Monitor
David Ott, City Manager, Solana Beach, CA
two years after Solana Beach was designated smoke-free
The Associated Press
Supporters of the smoke free beaches campaign include:
Mus!tegon Save Our Shoreline
Muskegon County 'Tobacco Reduction Coalition
Muskegon County Health Department
Alliance for the Great Lakes
Muskegon County Chamber of Commerce*
Howmet Corporation*
*Endorse if designated smoking area is included.
For more information:
'Tu find out about beach cleanups at Pere Marquette, contact Gail Law
231/755-4738 (monthly Muskegon Save Our Shoreline cleanup days) or
Cynthia Price 231/578-0873 (September annual cleanup)
For Great Lakes data collection, contact Jamie Cross, Alliance for the
Great Lakes, 616/850-0745
On the smoke-free beach initiative, contact Orville Crain 231/719-1290
Muskegon County Data Results
September Beach Cleanup 2006
Other
8%
Food related Smoking related
items items
34%
58%
Beverage containers I
Bags Cigarette filters
Caps/lids Cigar tips
Cups/plates/eating Lighters
untensils Tobacco packaging
Food wrappers
'/L-- - - - - - - '
Six-pack rings
Pull tabs
Straws/stirrers
Number of cigarette filters removed from
Michigan beaches 2002 - 2006
• Total trash pieces
D Cigarette filters
- - -
120,492
118,142
112,407
105,628
-
- -
'
2003 2004 2005 2006
Muskegon Area Chamber of Commerce
Smoke Free Beaches
Position Statement
February 2007
Chamber Position on Smoke Free Beaches
The Muskegon Area Chamber of Commerce recommends municipalities in
Muskegon County pass ordinances that prohibit smoking in public beach parks
except in designated areas.
The Muskegon Chamber believes that our community's commitment to clean
beaches enhances our quality of life and brings national attention to our image
as a Midwest Tourist destination. This improved image and positive promotion
results in the growth of our local economy.
The Chamber board is not making a commentary about the health of smokers,
but on the prevention of pollution on public beaches, dunes and water. Cigarette
litter is the number one cause of pollution in beach parks. Over 50% of the litter
found on Michigan beaches is smoking related; including butts, cigar tips,
packaging and lighters.
Three of Muskegon County's largest industries have introduced similar initiatives
on their outdoor properties. Howmet- Alcoa, Hackley Hospital and Michigan's
Adventure no longer allow smoking on their outdoor properties except in
designated areas .. In the case of Michigan Adventure, their organization
designates guest smoking areas with signage, seating and trash receptacles.
The Chamber Board recommends a similar model for our local beach parks to
accommodate residents and tourism visitors.
The Muskegon Area Chamber of Commerce believes this effort will move us one
step closer to positioning Muskegon County as the best place to live work and
play in the new economy.
Endorsed by the Muskegon Area Chamber of Commerce Board of Directors on:
_ _ _ __ _ _ _ _, 2007
Smoke Free Beaches and Recreation Areas '06
This is not an exhaustive list
Howell Michigan, local public beach is non smoking since 2006.
Chicago City Commission is now considering an ordinance to ban smoking at public
beaches.
In California 35 beaches including:
Santa Monica Los Angeles:
Manhattan Beach Will Rogers Beach
Huntington Beach Cabillo Beach
Newport Beach Dockweiler Beach
Laguna Beach Marina Del Rey
San Clemente Carpinteria Beach
Seal Beach
Santa Cruz
San Francisco San Diego:
Redondo Balboa Park
Solano Beach Windansea
El Cajon Mission Bay Park
La Puente All San Diego Beaches
Pasadena
San Fernando Del Mar
National City
Imperial Beach
Banned or Severely Restricted
Bellaire, Texas Florida Beaches:
Eastchester, New York
Greenburgh, New York Cocoa Beach
Mesa, Arizona Lido Key - Englewood Beach
Mount Olive, New Jersey Anna Maria Island
New York, New York Other S.W. Florida beaches.
Putnam County, New York
Rye, New York Hawaii:
Scarsdale, New York Hanama Beach
Sharon, Maine
Westchester County, New York
Two of Australia' s most famous beaches... world class, Marily and Bondi.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PACIFICA
PROHIBITING THE USE OF TOBACCO PRODUCTS
IN OR AROUND BEACHES AND AT THE PACIFICA PIER
The City Council o'f the City of Pacifica does ordain as follows: .
SECTION I. FINDINGS. The City Council of the City of Pacifica hereby finds and declares as
follows:
WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease,
coronary heart disease and various other diseases.
WHEREAS, more than 440,000 people die from tobacco-related diseases every year, making it
the nation's leading cause of preventable death in the United States; and
WHEREAS, the World Health Organization estimates that by 2030, tobacco will account for 10
million deaths· per year, making it the greatest cause of death worldwide; and
WHEREAS, the United States Environmental Protection Agency has found secondhand smoke to
be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the
most dangerous class of carcinogen; and
WHEREAS, secondhand smoke is responsible for an estimated 38,000 deaths among non-
smokers each ye·ar in the United States, which includes 3,000 lung cancer deaths and 35,000
deaths due to heart disease; and
WHEREAS, 87.9% of non-smokers showed detectable levels of cotinine {a metabolite of
nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and
WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low
birth weight, and increased risk of Sudden Infant Death Syndrome in infants of mothers who
smoke; and
WHEREAS, secondhand smoke exposure causes 300,000 children in the United States under the
age of 18 months to suffer lower respiratory tract infections such as pneumonia and bronchitis,
exacerbates childhood asthma, and increases the risk of acute, chronic middle-ear infections in
children; and
WHEREAS, state law prohibits smoking within twenty-five feet of playgrounds and tot lots while
expressly authorizing local communities to enact additional restrictions {Health & Safety Code §
104495); and
WHEREAS, tobacco use begins young: 88% 01' adults who have ever smoked tried their first
cigarette by the age of 18; the average age at which smokers try their first cigarette is 14; and
studies .have found that smokeless tobacco use begins on average between the ages of 16 and
18; and
WHEREAS, adolescents are at greater risl< of using tobacco products when they perceive that
CITY OF PACIFICA
COVNCIL AGENDA SUMMARY REPORT
September 11, 2006
Agenda Item No. 12
SlIBJECT: --
ln~oduction of ordmance regardi~g "Smoke Free Beaches' and the Pacifica Pier
ORIGINATED BY:
Parks, Beaches, and Recreation Department
DISCUSSION:
At the City Council meeting ofFeb~ary 14,2006, the City Council adop~ed its Str~tegic Plan. Goal #1
in the City's five-year plan is to 'Preserve and enhance Pacifica's natural resources and open spaces to
ensure an ecologically vibrant couununity', Objective lA is to 'maintain the integrity of our ocean waters
and beaches and to support couununity stewardship efforts. -
The ordinance is intended to address public health and safety concerns caused by second hand smoke and
to protect the public and environmen.t from.smoking andtobacco-related litter and pollution on the
beaches and at the pier. The studies discussing the health impacts ofsmolcing and the use of tobacco
· pr?dilcts are available for review in the City Clerk's office. ·
Although the enforcement of this chapter shall be the responsibility of the Pacifica Police Department,
Pacifica code enforcement officials and the Rangers, public· education and signage will be the main focus
at the onset of the ordinance due to staffing levels and other priorities. Statistics show that there is a high
level of compliance by citizens for tobacco control laws. ·
Specifically, staff has the following goals: · __ -· - _ . • _ - . ·
· (A) To continue-to work with: couununity.groups such as Citizens for Clean Open Spaces and the
· Beach Coalitiorifo ·educate-the
. public on issues of: . preservation of sensitive ecosystems, public
health, enviromnenta!-stewardship, and pride in couununity.
(B) To integrate 'Litter and.Smoke Free' signage _into existing signs at Beach/Pier locations in a
manner that will be attractive as well as useful and to include a universal symbol component. The
provision of Ash receptacles.and increased disposal cans strategically placed will be provided to
assist with the reduction of litter and to aid with non-smolcing compliance on the beaches and at
Pacifica Pier.
ATTACHMENTS; -
Ordinance
COUNCIL ACTION REQUESTED:
1)- Move that the ordinance next in order entitled "An Ordinance of the City Council of the City of
Pacifica Prohibiting the Use of Tobacco Prnducts in or Arourid Beaches and at the Pacifica Pier
Amending Section II, Tide.4 ofthe Pacifica )Vlunicipal Code by adding Chapter 14" be read by
title only_ arid that further readmg be waived
2) Move Introduction of the Ordinance ·
Ordinance - N o Smoking on Beaches or Pacifica Pier
Page 2 of 4
tobacco use is normal; and
NOW THEREFORE, it is the intent of the City of Pacifica, in enacting this ordinance, to provide
for the public health, safety, and welfare by discouraging the inherently dangerous behavior of
tobacco use around non-tobacco users; by protecting children from exposure to smoking and
tobacco while they play, and from potentially associating smoking and tobacco with a healthy
lifestyle; by protecting the public from smoking and tobacco-related litter and pollution; and by
affirming and promoting the family atmosphere of the City of Pacifica's beach areas.
SECTION II. Title 4 of the Pacifica Municipal Code is hereby amended by adding Chapter 14 to
read as follows:
Sec. 4-14.01. DEFINITIONS. For the purposes of this chapter, the following definitions shall
govern unless the context clearly requires otherwise:
(a) "Beach" means that land lying between State Highway 1 in the City and the line of
ordinary tide of the Pacific Ocean. "Beach" shall also include any pier, jetty or structure
on such land that is designated or designed to provide swimming, boating, fishing,
sightseeing or other waterfront activities.
(b) "Smoking" or to "Smoke" means possessing a lighted tobacco product, lighted tobacco
paraphernalia, or any other lighted weed or plant (including but not limited to, a lighted
pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or the lighting of
a tobacco product, tobacco paraphernalia, or any other weed or plant (including but not
limited to, a pipe, a hookah pipe, cigar, or cigarette of any kind).
(c) "Tobacco Product" means any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco.
Sec. 4-14.02. SMOKING AND TOBACCO PRODUCT USE PROHIBITED ON BEACHES
(a) No person shall smoke or use a tobacco product on any beach located within the City
of Pacifica or on the Rev. Herschell Harkins Memorial Pier, also know as the Pacifica
Pier.
(b) Smoking is prohibited in all portions of the beach, including: sand, grassy areas and
picnic tables.
(c) No person shall dispose of smoking waste or tobacco product waste on a beach or
pier except in a designated waste disposal container.
(d) "No Smoking" or "Smoke Free" signs, with letters of no less than one inch in height
or the international "No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it) shall be clearly,
sufficiently and conspicuously posted by the City Manager or appropriate designee on
every beach in which smoking is prohibited by this chapter. Signs shall include the
city phone number where complaints can be directed.
Ordinance - N a Smoking on Beaches or Pacifica Pier
Page 3 of 4
(e) The absence of signs required by subsection (d) above shall not be a defense to a
violation of any provision of this chapter.
(f) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose
of retaliating against another person who seeks to attain compliance with this
chapter.
(g) Each instance of smoking or disposing of smoking waste or tobacco product in
violation of this chapter shall constitute a separate violation.
Sec. 4-14.03. ENFORCEMENT.
(a) The remedies provided by this chapter are cumulative and in addition to any other
remedies available at law or in equity.
(b) Violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted
as infractions or misdemeanors and shall be punished, at a minimum, by a fine of one
hundred ($100) for a first violation, two hundred dollars ($200) for a second
violation, and five hundred dollars ($500) for a third or subsequent violation.
(c) Any violation of this chapter is hereby declared to be a public nuisance.
(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
ordinance shall also constitute a violation.
(e) Enforcement of this chapter shall be the responsibility of the Pacifica Police
Department, Pacifica code enforcement officials and the park Rangers.
SECTION Ill. Chapter 9 of Title 4 of the Pacifica Municipal Code is amended by adding
Section 4-9.11 to read as follows:
Sec. 4-9.11 - Use of Tobacco Products.
Use of tobacco products on the Rev. Herschell Harkins Memorial Pier, also known as
the Pacifica Pier is regulated by Pacifica Municipal Code Title 4 Chapter 14.
SECTION IV. Chapter 10 of Title 4 of the Pacifica Municipal Code is amended by adding
Section 4-1 0-125 to read as follows:
Sec. 4-10.125,-Use of Tobacco Products.
Use of tobacco products on a beach is regulated by Pacifica Municipal Code Title 4
Chapter 14.
SECTION V. SEVERABILITY. It is the intent of the City Council of the City of Pacifica to
supplement applicable state and federal law and not to duplicate or contradict such law and this
Ordinance shall be construed consistently with that intention. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any
person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
Ordinance - N o Smoking on Beaches or Pacifica Pier
Page 4 of 4
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its
application to any other person or circumstance. The City Council of the City of Pacifica hereby
declares that it would have adopted each section, subsection, subdivision, paragraph, sentence,
clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid
or unenforceable.
SECTION VI. PUBLICATION. The City Clerk shall cause this ordinance to be published once
within fifteen (1 5) days after its passage in the Pacifica Tribune, a newspaper of general
circulation, published and circulated in the City of Pacifica in accordance with California
Government Code Section 36933, and shall cause this ordinance to be entered into the Pacifica
Municipal Code.
The foregoing ordinance was introduced on _ _ _ _ _ and passed and adopted at a
regular meeting of the City Council of the City of Pacifica held on the day of _ __
2006, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
Sue Digre
Mayor
ATTEST:
Kathy O'Connell
City Clerk
APPROVED AS TO FORM:
By:. _ _ _ _ _ _ _ _ _ __
Cecilia M. Quick
City Attorney
CITY OF HOWELL
MEMORANDUM
TO: City Manager Shea Charles
FROM: Eric Reickel, Director
Howell Area Parks & Recreation
DATE: August 21, 2006
RE: City Park Non-Smoking Area
At their regular meeting on August 15, 2006, the Howell Area Parks and Recreation
recommended, to designate the beach at Howell City Park as a non-smoking area. Please
see the attached map indicating the designated area.
ACTION REQUESTED:
A motion to approve the designated section at the Howell City Park beach as a non-
smoking area.
1<£-f REE ENVIRO,VAf
s~o . - ~~.,..
-- ,,,_,,,
To protect the health and safety of residents and visitors,
please keep City beaches and parks clean and smoke-free.
~ PLEASE - NO SMOKING OR LITTERING
~ OF TOBACCO PRODUCTS ALLOWED
SBMC Sections 11. 12.020 A, EE
The Great Lakes are the lifeblood of shoreline cities
like Racine, defining our geography, economy and identity.
Adopt-a-Beach helps better connect our residents to this
Number of cigarette butts
treasured resource and teaches them the importance and
values of good stewardship.
collected by Adopt-a-Beach
volunteers in 2005
Number of Great Lakes
islands that participated in Smoking-Related
Adopt-a-Beach 2005 Items
'' ", Qigarette Butts
i arette Lighters
' r Tips
..cco Packaging
)Iles Filters
Dollar value
of Adopt-a-Beach
volunteer hours spent on
Aluminum Cans rappers & Containers
restoring the health of Bags 0 Glass Bottles (whole)
Caps & Lids Plastic Bottles
the Great Lakes Cups, Plates, Utensils Straws
/m AMi Ai 6Auud.-vv
Discarded Food
~ Pee e,W
-.
.T ' '
,
CigareH Background
er on the Beach
Great Lakes beaches and shorelines are vital to our region's economy and
to residents' quality of life. Because they are so important to our communities,
volunteers have enthusiastically participated in caring for our beaches a11d
Number of cigarette butts shorelines through an a nnual September beach cleanup. Since 1991, the
Alliance for the Great Lakes and countless community-based groups have coor-
volunteers removed in 2006 dinated volunteers in Michigan. The event is part of the International Coastal
from shorelines and Cleanup, coordinated by The Ocean Conservancy in Washington, D.C. The
Cleanup has become so popular that the Alliance la unched an Adopt-a-Beach
waterways in Michigan, program in which teams of volunteers carry out cleanups year-round.
Volunteers who participate in these events not only remove debris but
Wisconsm, Illinois and Indiana
record their findings. F rom the first cleanup to the latest, the number one item
found has been cigarette butts. Using the information gathered, groups have
attempted to r educe this dangerous and unsightly debris through cleanups
and, more importantly, by educating their communities about the problem. Yet
each year the relative number of cigarette butts found remains constant.
Percentage of all litter
removed in Michigan during This is important because ...
Cigarette butts are made of a type of plastic that breaks down into smaller
the annual September pieces in 1-5 years, but can take hundreds of years to completely degrade in the
beach cleanup event that is environment. Cigarette butts are not only unsightly but they contain chemicals
such as cadmium, lead, arsenic and nicotine that leach into our water.
smoking-related Cigarette filters are toxic to fish and birds, and small children will put
them in their mouths.
Beach cleaning equipment, such as the machine used at Pere Marquette
Park, does not adequately remove discarded cigarette butts from the beach.
Number of cigarette butts
removed at Pere Marquette
Beach alone on Communities in the United States a nd throughout the world have made
September 16, 2006 local beaches smoke free in an effort to reduce the amount of cigarette litter.
A group of high school students in Solana Beach, California asked their city
council to make the loca l beach smoke free because of the cigarette litter they
Cigarette butts found. Their actions sparked a wave of smoke free beaches in California and
state legislation to make a ll of California's beaches smoke free fai led only by a
are the #1 debris very narrow margin. According to preliminary data, cigarette litter was reduced
item found on by 17% the first year, and 40% thereafter in California at Solana Beach.
Some areas have included a designated smoking area with appropriate
beaches in r eceptacles to encourage smoking-litter-free beaches.
Michigan and Recently Howell, Michigan elected officials made their local beach smoke
around the world. free.
(over)
In Muskegon County...
• As part of the International Coastal Cleanup, 10 beaches in Muskegon
County are cleaned up (and data collected) annually, on the third Saturday
in September, including Pere Marquette Park Beach.
• Muskegon Save Our Shoreline and St. Luke's Lutheran Church do regu- Number of
lar cleanups through the warmer months at Pere Marquette Park, as part
of the Alliance for the Great Lake's Adopt-a-Beach program. cigarette butts
• The beach at Pere MarquetLe Park is a nationally-designated Blue Wave picked up in Michigan
beach, which helps to attract tourism to the area.
during September's
Options for Enforcement Coastal Cleanup
• Most communities rely on signage and self-enforcement to deter smokers
from smoking and littering. 2006
• In addition, some communities have launched educational campaigns to
inform individuals about the ordinance and the importance of making
beaches smoke-free.
• A few communities have asked their lifeguards or park rangers to issue
reminders when they observe someone smoking.
Communities embrace smoke free beaches Number of
, experience cigarette butts
of our beaches for mllllons of visitors. It's very much picked up
the right thing in Muskegon County
Santa Monica Mayor Pro Tern Kevin McEwen, during September's
Santa Monica News
Coastal Cleanup
2006
"We are required by federal and state laws to keep
water and beaches dean, so this really got the
attention of everyone in government. Cigarette butts
do not blodegrade, and they contain 200 known
pol
Matt Rodrigues, Assistant City Manager, Solana Beach, CA
Christian Science Monitor
"You hove to look
David Ott, City Manager, Solana Beach, CA
two years after Solana Beach was designated smoke-free
The Associated Press
Supporters of the smoke free beaches campaign include:
Muskegon Save Our Shoreline
Muskegon County Tobacco Reduction Coalition
Muskegon County Health Department
Alliance for the Great Lakes
Muskegon County Chamber of Commerce*
Howmet Corporation*
*Endorse only if designa ted smoking area is included.
For more information:
To find out about beach cleanups at Pere Marquette, contact Gail Law
231-755-4738 (monthly Muskegon Save Our Shoreline cleanup days) or
Cynthia Price 231 -578-0873 (September annual cleanup)
For more information on the smoke-free beach initiative, contact Orville
Crain 231-719-1290
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