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HomeMy WebLinkAbout04/12/2011 - Study SessionCity Council Minutes City Council Study Session April 12, 2011 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Mayor Henn's question regarding Item No. 4 (Central Balboa Pavement Rehabilitation - Phase 1 - Award of Contract No. 4453), Public Works Director Badum clarified that the street will be replaced with concrete. 2. LOUD AND UNRULY GATHERING ORDINANCE. Police Lieutenant Hartford utilized a PowerPoint presentation that included the elements of the ordinance, definition of a loud and unruly gathering, photo of the red tag posting, list of individuals that are subject to fines, Police Department enforcement steps, citation and associated red tag fine amounts, and the appeals process. In response to Council questions, Police Lieutenant Hartford explained that fines can be waived, noted that red tags can be removed upon the eviction of the residents, stated that there are no appeal fees, discussed Disturbance Advisement Cards (DAC) and how they will be used, clarified that most of the parties that fall under this category are during the 4th of July holiday, discussed a similar ordinance in Arizona and its effectiveness, and added that it is at the Police Officers' discretion to fine the renter, owner, and/or attendees. Deputy City Attorney Rowen explained that, as long as the owner has the ordinance information in their lease provisions and uses reasonable measures to abate the responsible party, they will not be held responsible. He also stated that the ordinance can be applied to certain areas of the City, as long as the City states why it is not subject to the entire City. Mayor Pro Tem Gardner expressed support for the ordinance and explained that is not to stop residents from having parties, it is to stop egregious behaviors. Council Member Rosansky believed that the ordinance should apply to all residents so that it will not attach a stigmatism to certain areas, clarified that the violations are not site specific, verified that red tags may be located in two separate places, expressed concern that citations are not being issued, urged staff to re- evaluate the decision to fine property owner's for the first violation, and also directed staff to evaluate the possibility of revoking short -term rental permits upon violation Volume 60 - Page 102 City of Newport Beach City Council Study Session April 12, 2011 of the ordinance. In response to Council questions, Police Lieutenant Hartford explained that party attendees can also be fined if they are engaging in loud and unruly behavior, noted that it is at the discretion of the Police Officer to determine if a citation will be issued, and discussed staffs plan to provide community awareness about the ordinance. Lori Morris applauded the efforts of the Police Department, believed that the ordinance should be enforced throughout the City, and stated that in the past, residents were subject to violence because of lack of enforcement. George Schroeder expressed concern that property owner's could be fined and believed that the ordinance will deter people from committing egregious acts. Joe Riess thanked the Police Department and Council for their efforts to improve the quality of life and believed that the ordinance will be a deterrent that will also make property owner's accountable for their tenants. Sandy Pearson thanked Council for addressing the issues, discussed problems she has had with a rental unit close to her home, and urged Council to raise the fines. Jim Mosher expressed opposition to the ordinance, believed that people will be stigmatized when their homes are tagged, and expressed concern that the fines are too high. Craig Batley stated that parties should be shut down after the issuance of the first violation notice and urged Council to direct staff to refine the Ordinance to provide Police Officers with a guideline of when to enforce. Council Member Selich indicated that the ordinance should only apply to areas of the City that are facing the issue. Council Member Daigle agreed that it is not a Citywide issue and stated that it should be addressed accordingly. Mayor Pro Tem Gardner believed that the ordinance should apply to the entire City. Council Member Rosansky stated that the ordinance should apply equally to the entire City or not at all, and emphasized the importance of enforcing the ordinance. Council Member Curry believed that more time is needed to evaluate the ordinance, stated that the fines should include a cap, and suggested that Council receive input from property owners. Mayor Henn encouraged the Police Department to enforce the fines, stated that there should be a transitional period for property owners, and noted that the ordinance is a targeted tool that will address the issue. City Manager Kiff clarified Council changes and received confirmation to include a violation that will revoke short term rental permits and verified that the fine level will remain at the proposed amounts. It was the consensus of Council that the ordinance be brought back for further review and introduction as soon as possible. Volume 60 - Page 103 City of Newport Beach City Council Study Session April 12, 2011 3. DIRECTION ON ISSUES - SMOKING IN PARKS, CORONA DEL MAR PARKING PROGRAM, PLASTIC BAGS, BUSINESS LICENSES, WATER TAXI. SMOKING IN PARKS Mayor Pro Tem Gardner stated that the Environmental Quality Affairs Committee (EQAC) believed that a ban on smoking in parks and open spaces should be implemented. Council Members Curry and Rosansky expressed support, and Council Members Selich and Hill expressed opposition to a smoking ban in parks and open- spaces. Mayor Henn expressed support for a ban due to fire hazards and suggested that the item be brought back to Council. Jim Mosher believed that there should be a smoking ban in the areas depicted in the report due to extreme fire danger. Nancy Skinner expressed support for a ban. It was the consensus of Council to direct staff to move forward with this item. CORONA DEL MAR PARKING PROGRAM Mayor Pro Tem Gardner reported that a parking study was previously prepared, explained how parking issues impact residents, and asked for Council's input. Council Member Hill expressed support for the parking program and believed that the issue should be reviewed by the Neighborhood Revitalization Committee. Karen Tringah emphasized the importance of issuing parking citations in the area. Dan Purcell stated that the parking program will only benefit commercial businesses and believed that the meters will be a hassle. Council Member Rosanksy stated that the problem will not be resolved because employees will park further into the residential areas and stated that parking lots and structures are needed. It was the consensus of Council to refer the item to the Neighborhood Revitalization Committee. BAN ON PLASTIC BAGS It was the consensus of Council to not address the issue. Nancy Skinner believed that the item should be considered by Council because it is important to the ocean and wildlife. Michael Parker suggested that Council increase fines for littering. BUSINESS LICENSES City Manager Kiff reported that the Economic Development Committee (EDC) was working on business license regulations and noted that a handout was included to Volume 60 - Page 104 City of Newport Beach' City Council Study Session April 12, 2011 explain the work in progress. In response to Council Member Hill's question, City Manager Kiff clarified that the consultant can review business license regulations in the. City. Council Member Selich and Mayor Henn added that removing tax entities, special events, and permitting for attendees was also discussed by the EDC. It was consensus of Council that the item be moved forward. WATER TAXI City Manager Kiff noted that the program is a part of the Tidelands Management Committee, indicated that staff is not sure if Council will provide a subsidy, and asked Council to clarify if the item should be further reviewed. Council Member Selich stated that Council left the door open for people who wanted to provide a proposal. Mayor Henn suggested that proposals be reviewed by the Tidelands Management Committee and the Harbor Commission. Jim Mahoney, Gondola Company of Newport Beach, stated that his water taxi service is an on -call service and indicated that a regularly scheduled water taxi service is expensive and will need to be subsidized. Chandler Bell, Marine Committee Chair, believed that water taxis should be considered by the Tidelands Management and Neighborhood Revitalization Committees and emphasized the need for subsidy. 4. ANIMAL SHELTER SERVICES DISCUSSION, Assistant to the Assistant City Manager Houston discussed the program, process, and Request For Proposals (RFPs). Police Lieutenant Koudelka utilized a PowerPoint presentation that included photos, mandates, shelter services, current shelter information, the contracting process, and how the Orange County Humane Society fits the needs of the City. In response to Council questions, Assistant to the Assistant City Manager Houston explained the difference in the current rate versus the bid price of the Dover Shores Pet Care Center, discussed how the euthanasia rate will change, and noted that the item can be brought back to Council on April 26, 2011. Debbie Gonzalez, Orange County Humane Society Manager, explained the adoption rates, discussed how animals are evaluated, noted that animals are not euthanized due to lack of space, talked about the volunteer programs, stated that they have 13 employees, provided the hours of operation, noted that most of the euthanasia occur to feral cats, added that all of the operating expenses are contract fees, and discussed certifications. Council Member Rosansky encouraged Council to visit the Orange County Humane Society prior to the contract coming before Council for consideration. Caroline Samus stated that the current shelter is below standard, believed that the Orange County Humane Society is a step up from the current shelter, encouraged the City to work towards opening a shelter in the City, and believed that there are community organizations that will work to raise money for a shelter. Volume 60 - Page 105 City of Newport Beach City Council Study Session April 12, 2011 City Manager Kiff commended staff for working hard on the issue. III. PUBLIC COMMENTS Jim Mosher thanked the City for upgrading the Study Session agenda. IV. ADJOURNMENT - 6:08 p.m. The agenda for the Regular Meeting was posted on April 7, 2011, at 3:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording ecretary lb Mayor Volume 60 - Page 106