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HomeMy WebLinkAboutBayridge Park Leaf Blower DocumentsRESOLUTION NO. ___ _ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYRIDGE PARK HOMEOWNERS ASSOCIATION PERTAINING TO CITY RESTRICTIONS ON GAS-POWERED LEAK BLOWERS IN RESIDENTIAL ZONES WHEREAS, the Bayridge Park Homeowners Association is the association of a common interest development located within the boundaries of the City of Newport Beach; and WHEREAS, the City Council of the City of NewpOli Beach has adopted Ordinance No. 2011-12, which amends Newport Beach Municipal Code ("NBMC") section 6.04.055 (Leaf Blowers) to prohibit, with certain exceptions, the use of gas- powered leaf blowers in all residential districts within the City effective November 14, 2011; and WHEREAS, Ordinance No. 2011-12 finds and declares that common interest development of five or more dwelling units that have an association responsible for establishing regulations controlling the management and maintenance of exterior common area and separate interests have adopted, or have the ability to adopt, self imposed regulations that establish a regulator framework addressing the exterior residential environment, and such regulatory frameworks can be used by common interest developments of five or more dwelling units to more closely address neighborhood impacts of gas-powered leaf blowers within such developments; and WHEREAS, Ordinance No. 2011-12 states that the City Council wishes to prohibit the use of gas-powered leaf blowers in all residential districts except by certain public employees or contractors acting in the scope of their employment, and in residential common interest developments of five or more dwelling units that have an association with the power to establish rules and regulations for the management and maintenance of exterior common areas and separate interest. WHEREAS, NBMC section 6.04.055 states that residential common interest development of five or more dwelling units that have an association with the power to establish rules and regulations for the management and maintenance of exterior common areas and separate interest may, by the method set out in their association's rules and regulations, choose, to be exempt from the restrictions on gas-powered leak blowers; and -I - WHEREAS, NBMC section 6.04.055 provides that the City Manager's Office shall estab li sh procedures through which such residential common interest developments rna demonstrate their decision to be exempt from subsection 6.04.055.B.3.; and WHEREAS, the Newport Beach City Manager's office has determ ined that any residential common interest development of five or more dwelling units that has an association with the power to establish rules and regulations for the management and maintenance of exterior common areas and separate interest may demonstrate it s decision to be exempt from the City'S restrictions on gas -powered leaf blowers in residential districts through a resolution of its board of Directors of; and WHEREAS, the Bayridge Park Homeowners Assoc iation is the association for the common interest development known as Bayridge Park Homeowners Association which is a common interest development of five or more dwelling unit s, and which has the power to establish rules and regulations for the management and maintenance of exterior common areas and separate areas through its operational rules; and WHEREAS, the Board of Directors of the Bayridge Park Homeowners Association has been granted the power to make decisions for the proper conduct and administration of the affairs of the Bayridge Park Homeowners Association by the CC&R's. NOW, THEREFORE, the Board of Directors of the Bayridge Park Homeowners Association resolves as follows: I. The Board of Directors of the Bayridge Park Homeowners Association has determined that it is in the best interest of the Bayridge Park Homeowners Association to be exempt from the Newport Beach Municipal Code's prohibition on the use of gas-powered leaf blowers in residential districts. 2. The Board of Directors of the Bayridge Park Homeowners Assoc iation has decided , by majority vote to exempt the Bayridge Park Homeowners Association development from the provisions of Newport Beach Municipal Code section 6.04.055.B.1. IN WITNESS WHEREOF, the undersigned, President of the Board of Directors, executed this Resolution this 9 day of d)o£/e/Jt{.,c;A 2. C'// -2 - has , ' BA YRIDGE PARK HOMEOWNERS ASSOCIA nON [Nam e ofPres identl, resident . / [Nam e of Secre tary], Sec ry tary -3 - Bayridge Park Homeowners Association January 21, 2013 Matt Cosylion Community Development Department City of Newport Beach P.O. Box 1768 Newport Beach , Ca. 92660 Re: 12013-0096 -L:eafBlower Ban Dear Mr. Cosy liol;: RECEIVED JAN ;2 3 2~11 CODE AND WATER QUA LITY ENFORCEMENT I have received your correspondence dated Jan 17th regarding the Bayridge Park HOA Leaf Blower Ban . I had also received a phone call from another representative of yo ur office regarding the same issue. You report that you have no documentation regarding Bayridge Park opting out of the ban. Your documents were sent to your office 11129111 via your web-site location as required. I have now enclosed a written copy of the same for your records. I'vt! also enclosed a copy of the meeting minutes adopting the opt out program. I would appreciate you acknowledging receipt of the se documents and that you have updated your records to reflect that the appropriate actions were taken by the association. You are welcome to send me confirmation via email toterry@ goldcoastent.com As a side not e during the conversation with the lady that called my office we discussed another association , I sland Lagoon HOA , which I manage just down the street. She indicated that Island Lagoon was also in violation because no opt out documents were provided. Those documents were provided on the same date in the same manner so I would appreciate you updating that Association as well so there will not be any further confusion. Sincerely, Bayridge Park Board of Directors -<16~v ~ ~e;;;' mith , AMS, PCAM Co unity Manager Cc: BODI file c/o Gold Coa s t Enterpr ises, Inc ., 200 E . Katella Ave . Ora nge , Ca . 92867 714 -288 -2620 * 714-288 -2 631 Fax IV IV IV. go/dcoastellt. com City of Newport Beach Quest Page 1 of2 Calendar Subscribe to News & Alerts FAQs Contact Us Quest OnlinE: Se rviGe Reque$ts Welcome T erry I f..dit Info I 5lgI!..Ql.!t Ouest Home Gas Powered Leaf Blower Exemption Application This request is for Home Owner Associations that would like to file for an exemption from the leaf blower ordinance. Having trouble? We can help. Contact Information Request Type: Gas Powered Leaf Blower Exemption Application .. Co ntact Name: Terry Smith ~ Contact Phone: 714 2"8"8:-.:2-=6-=2-=0------ Home Owner Association Information Name of HOA: Bavridqe Current President: -m-a-rt-:-v-m-a--;Ic-o-m---;-b----~ HOA Phone ----------- Number: 714 28B 2620 ---.c-----:-c-HOA Email: terrv@qoldcoastent.com HOA Location *** Please provide a location as close to the reQuest as possible. *** Location Type: ~~ersection [] Intersection 1: Bi son Dov errjdev"lId~\jon Intersecti on 2: Jamboree Attachments (required) 1109486348_Bayridge leaf blower. pdf has been successfully uploaded. In order for your applic ation to be conside red you MUST upload the HOA's curent Conditions, Covenants & Restrictions (CC&R's) as well as a fully executed Reso lution of the Board confirming they are opting out. -----.--.----.---. r;:-----, File to upload: [Browse"" [ I Upl oad I File Name 1109486348 Bay rid ge CC&R·s.pdf De lete 1109486348 Bayridge leaf blower.pdf O<lili Description * Description: Opt out application and CC&R's for Bayridge Park https:llwww5.newportbeachca.goY/quest/leaCblower.aspx?T=9 5 0780 1112912011 MINUTES OF THE BOARD OF DIRECTORS Bayridge Park September 14, 2011 The Board of Directors meeting of the Bayridge Park Homeowners Association was held on Wednesday September 14 ,2011 at the Pool Area at 6:00 PM BOARD MEMBERS PRES ENT: Marty Malcomb, Nancy Chester Martin Rubin , Loretta Morgan MANAGEMENT: Terry Smith CALL TO ORDER The meeting was called to order by Member Malcomb at 6:00 PM. BOARD APPOINTMENT Ms Lydia Abney was appointed to the Board of Directors as a result of the passing of Ms. Carol Berg. OPEN FORUM No Items brought to the attention of the Board MINUTES A motion was made by member Rubin, seconded by member Morgan to accept the August 20 II meeting minutes has presented . This motion was approved. REPORT OF EXECUTIVE SESSION ( September 14,2011) Before the regular scheduled meeting of the Board, an executive session was held with the following being reported to the members hip: Review of delinquencies Review of Violation Correspondence FINANCIAL REPORTS A motion was made by member Malcomb, seconded by member Chester to accept the August 2011 financial report s as presented. This motion was approved. -Miscellaneous Income -A motion was made by member Rubin, seconded by member Morgan to mov e all old purged pre-paid funds to mi sce llaneous income. These are funds left by owners who have moved wi th not forwarding addresses who have a balance on old accounts. Architectural Committee . Ms Karen Greenfield will be appointed Architectural Chairman subject to the committee's approval. Landscape M gnolia Tree§_ will be reYie.wed.-at the-next-walk,tlu:ough -'-"""·--A motion was made by member Rubin , seconded by member Malcomb to opt out ofthe Newport Beach Leaf Blower policy. This will allow the landscaper to continue to use a blower in this Community. Ge J.J3usiness Front Entry Refurbishment The basic new installation has been completed. Several lighting issues remam. A proposal was received from Brooker to consider a phase two project by extending the tile in each direction. The cost of the proposal is $27 ,000.00 It was decided that other bids will be obtained. Harvest provided a diagram for suggested changes in the middle island where the old Bayridge sign was removed. The Board did not approve this and asked that the landscaper provide additional suggestions. Gate Repairs Repairs were required as a result of a car hitting the entry gate. While the vendor made the necessary repairs they also provide a proposal for repairs to the chassis/frame and upper gearbox. The Board tabled these repairs at this time. It wasn't sure that they were necessary. Roofing and Gutter Cleaning A motion was made by member Malcomb, seconded by member Rubin to accept the proposal of McDonnell Roofing for roof inspection/maintenance as well as yearly gutter cleaning. This motion was unanimously approved. Vendor to be asked to start the work as soon as possible. 195 Hartford -plumbing As a result of the owner doing repairs it was brought to the attention of the Board that there was no pressure regulator on their meter. The Board approved the installation of a new pressure regulator for this location 194 Hartford -Reimbursement Request A motion was made and seconded to deny the request of the homeowner for reimbursement of private property as a result of a water leak the occurred in the garage from a water heater issue of a neighboring unit. Signal 88 Security Report A report was received and review with no further action taken by the Board. It was suggested that the report attempt to identify what address might be involved. N EXT MEETING Wednesday October 12, 2011 6:00 PM Newport Marina Dunes ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned. For questions or comments residents are welcome to contact: Gold Coast Enterprises 200 E. Katella Ave. Orange, Ca. 92867 714 288-2620 Terry @ goldcoa stent.com