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HomeMy WebLinkAbout01 - Amended MinutesAgenda Item No. 1 December 10, 2013 CITY OF NEWPORT BEACH City Council Minutes Study Session November 26, 2013 4:00 p.m. I. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn Excused: Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT In response to Council Members(que Annual Sidewalk, Curb and Gutter that staff works with the City's fore; and address any tree needing to be but that, relative to Lido Island, a Is Item 16 (2013 -2014 ctor Webb renorted icated that the project involves small areas and gutters will be replaced. Regarding Council Member Gardnerfs question regarding Item 18 (Amendment No. 1 to Professional Services Agreementlwifh /And'ersonPenna Partners, Inc. for Staff Support Services), Public Works Director Web'13indicated -il at they are assisting with a position that was eliminated but is being held to determine- Aether the position is needed. He noted that inspections are currently being condu `ted by, c\ ntraictors. In response to Counc ember Gardner's question relative to Item 20 (Amendment to the Professional Services Agreement with Hinderliter, de Llamas & Associates (HdQ for Sales and Use Tax Analysis and Appeals), Finance Director Matusiewicz reported that due to HdL's review, of the City's sales tax revenue the City did not get a significant amount of money this time around but are hof fie added that the amount of the contract does not reflect what is expected to be paid each year but provides for 15% in the event that there is a big finding. In response to Council Member Petros' question regarding Item 15 (Lifeguard Headquarters Rehabilitation Project), Public Works Director Webb reported that staff received a bid protest from the third lowest bidder, but staff reviewed the matter and agree with the recommendation. 2. TCA PLANNED REMOVAL OF CASH TOLL COLLECTION FROM THE TOLL ROADS. [100 -20131 Neil Peterson, CEO of the Orange County Transportation Corridor Agencies (TCA), provided a PowerPoint presentation and discussed a change that will be effective January 1, 2014, where cash collection at toll booths will be phased out to an electronic system. He addressed toll roads, introduction of a transponder, number of toll road users, users from outside Orange County, value proposition, how customers pay, introduction of an express account, increased payment choices, and tourists and infrequent users. He commented on the historical importance of transportation. Volume 61 - Page 365 City of Newport Beach City Council Study Session November 26, 2013 Council Member Henn suggested automatically transferring everyone on FasTrak to ExpressAccount, and eliminating the old transponder technology. Mr. Peterson clarified that the ExpressAccount users will pay the same toll as existing cash users, but toll fees are reduced with the use of the FasTrak transponder. Mayor Pro Tem Hill thanked Mr. Peterson for his presentation and noted that the TCA is the entrepreneurial answer to a State that has been unable to plan for mobility. He encouraged Mr. Peterson to keep spreading the word about the new technology. Council Member Henn suggested automatically transferring everyone on FasTrack to ExpressAccount, and eliminating the old transponder technology. Mr. Peterson clarified that the ExpressAccount users will pay the same toll as existing cash users, but toll fees are reduced with the use of the FasTrack transponder. Mayor Pro Tem Hill thanked Mr. Peterson for his presentation-and noted that the TCA is the entrepreneurial answer to a State that has been unable to plan-fbr mobility. He encouraged Mr. Peterson to keep spreading the word about the new technology., \ ) l 3. ECONOMIC DEVELOPMENT STUDY FOR THE U EWF \OIT /Y -OWNED BUILDING AT THE END OF THE NEWPORT PIER. [100 -��` w /�l Building Manager /Chief Building Official Jurjistprovrded a PowerPoint presentation to discuss the structure at the end of the Newport Pier,�anticipateldl repair costs, problems with the existing building, an economic study, the economic study scope pier uses, retail study, comparable piers, summary of retail categories, per capita retail sales and the economic evaluation. Brief discussion ensued regarding sales, generated by the former restaurant. Building Manager /Chief Building Official Jurjis addressed possible next steps to remodel the existing structure, eatimated'�financials relative to a joint venture for remodeling, costs and benefits related to the- optionlof placing the existing building, and costs and benefits related to removing the existing build'ing�' Council Member-Selich`ihdicated that he would be in favor of remodeling the structure since it would ehminalee�the�dhor Coastal Commission review and he believed there is a market for a new user. VV Mayor Pro Tem -,Hill expressed concern with making decisions based on Coastal Commission involvement. He discussed remodeling and received clarification from Building Manager /Chief Building Official Jurjis that remodeling would be based on interior improvements. He added that, in terms of the remodel option, bidders would need to know what they will be starting with and that the City would have to define what it would be responsible for in the process. Council Member Gardner stated this provides the City with an opportunity to do something different. She added that the Newport Pier is a different kind of pier, and expressed a preference for removing the structure. She believed that the Coastal Commission could be convinced that it is a worthwhile project. Council Member Petros believed that the space should provide the public with flexibility. He commented on possible uses for the end of the pier, expressed support for removing the structure, and discussed programming the area for the widest possible uses that would be the greatest benefit for the community. Council Member Henn suggested that, if Council decides to remodel the structure, the City retain Volume 61 - Page 366 City of Newport Beach City Council Study Session November 26, 2013 flexibility to reconfigure the space in a way that maximizes a potential bidder's use of the property. Council Member Selich commented on the idea of removing the structure and possible other uses. He stated that, if Council decides to remove the structure, it is opening itself to allowing another agency's interpretation of what visitor - serving uses of the pier are and will open the possibility for additional requirements. Mayor Curry agreed with Council Member Selich's concerns, but noted that unlike the Balboa Pier, there is a lot more parking at the Balboa Pier and offers other activities. He indicated preference for spending a minimum amount of money if the structure is to be removed and ensure that whatever takes its place will be something that serves the community. Council Member Petros commented on a recent visit to San Francisco where there were open wharfs providing different uses. He acknowledged the possible involvement of the Coastal Commission, but believed that they will be less prescriptive with-flexibility of uses. In response to Mayor Pro Tem Hill's questions, Building M \ \ r 11 /Chief Building Official Jurjis stated the Newport Pier has an existing railing and the e would not be a requirement to upgrade it at this time. He added that the Building Code does -not apply tolthe pier. Mayor Pro Tem Hill agreed that the Coastal or could not do, and expressed a preference ti Council Member Gardner commented but an agency started making deman do the same if the Coastal Comxmssio the City were to base its decisionI ion% creativity. ^ \ Id dictate exactly what the City could involvement. an for Big Canyon to deal with the selenium issue, City stepped back. She stated that the City could making unreasonable demands. She added that, if r agencies may or may not do, it eliminates a lot of Council Member Hemvrequested and received confirmation from Building Manager /Chief Building � \ \ \ l Official Jurjis that de C molishing the building would involve the Coastal Commission. Community Development Director Brandt added that, if the City were to go forward with a demolition permit from the CoastabCommission, she would recommend including what the City's proposed use of the pier would be so the�Coastal Commission could review the entire package. There would probably be conditions aitached t the ultimate Coastal Development Permit (CDP). Council MemberTenn noted that San Francisco is not subject to Coastal Commission jurisdiction. He indicated that he would like to see if the City can develop a better understanding of how the Coastal Commission could restrict programming on the pier. Community Development Director Brandt pointed out that the structure could be remodeled without a CDP. She added that, if Council is interested in looking at a demolition option with creating a flex space opportunity, staff could discuss it with Coastal Commission staff to get initial feedback from them and return to Council with additional information. Council Member Henn suggested looking at recent examples where the Coastal Commission has weighed in on programming uses. Mayor Curry commented on the possibility of an interim use. Jim Mosher stated that there was no written staff report on the matter and addressed financial information provided. He commented on returns and reliance on sales tax revenue. Council Member Henn stated that he would like to better understand demolishing opportunities, Volume 61 - Page 367 City of Newport Beach City Council Study Session November 26, 2013 possible programming, and whether the City can get any reasonable guidance regarding programming restrictions for an empty pier. He also requested information regarding recent actions by the Coastal Commission on similar decisions. City Manager Kiff commented on Coastal Commission concerns regarding providing access to disadvantaged communities in terms of their ability to fish. He confirmed that staff can follow up and return to Council with additional information. 4. VISIT NEWPORT BEACH, INC. (VNB) AND NEWPORT BEACH TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID). [100 -2013] Public Information Manager Finnigan provided a PowerPoint presentation to discuss background, capacities under which VNB serves the City, composition of the NBTBID, use of money generated, the Transient. Occupancy Tax (TOT) Agreement, details of the NBTBID proposal, and TBID members. In response to Council Member Gardner's questions, I that the TBID cannot be renewed until it has expired. joining the TBID by a new member, member hotels w in order to begin the renewal process immediately. Council Member Petros reported that the 18% and wondered if other cities also share n Manager Finnigan stated because there is interest in the expiration timeline up to share TOT revenues with VNB at Gary Sherwin, CEO of VNB, reported that tlii' practice is different in every city. He reported that the City of Anaheim created a TBID and joined forces with the City of Garden Grove, and explained that their TOT would be allocated to infrastructure, specifically the Anaheim Convention Center. He added that` the inational average is 21 %. Mr. Sherwin introduced m ember��of the Executive Committee and provided a presentation to discuss the background-and provide an update on the TBID. He also discussed the TBID Return on Investment (ROI), prior year comparisons, TBID renewal, request for extending the term of the TBID Agreement, request fer�an additional increase in assessment and arts and culture in the city. 1/'� \ 1 In response to a questidn from Council Member Selich regarding ROI, Mr. Sherwin reported that the organization was able to double its sales force, expand its sales reach, and offer more sales missions to rapidly increase sales efforts. He added that the TBID focuses on group sales. John Lambeth, Civitas Advisors, Inc., noted that not all TBIDe include all the hotels, there are different rates for large and small hotels, and some TBIDs involve zones. Debbie Snavely, Chairperson for Newport Beach and Company and General Manager of the Newport Beach Marriott Hotel and Spa, presented details of the request and noted that this is a voluntary assessment program which will be used to help further the growth of the meetings and conference industry in the City. She noted that the TBID gave them the resources to compete with the City of Los Angeles for the Bowl Championship Series business. She stated that the TBID is critical to their success and brings a higher quality business into the City. She added that if the hotel community believes that it is not receiving an ROI with the TBID, it will be disbanded. Daniel Kuperschmid, General Manager of the Hyatt Regency in Newport Beach, urged Council to support their proposal. He addressed a recent renovation of their hotel and believed that VNB can help them through the TBID. He commented on the fierce competition being faced by the industry and stated that the voluntary assessment will help in finding new business. Volume 61 - Page 368 City of Newport Beach City Council Study Session November 26, 2013 Council Member Gardner stated that she had wanted a fuller discussion, and due to this discussion will not be pulling the item. Council Member Selich agreed with the need to market in order to £ill hotel rooms, but expressed concerns regarding increasing the assessment and its effect on competition. Council Member Petros expressed support, noting that there is a multiplier effect to each dollar spent and the revenue that comes back. He added that it is not a question of occupying the field over 1 %, but rather it relates to getting the best revenue stream out of the hospitality group. By virtue of encouraging group sales, he believed that the City will see a higher revenue stream. He further addressed the term and the offer of $150,000 towards the City's arts and cultural programs. Mayor Cunt' believed that the City can live within the has. Council Member Henn commented that the City should want to have a TBID since most of the hotels are governed by large corporate organizations gene ally'headquartered somewhere else and who often make decisions that could have impacts on a l6c ll evel. He stated that he likes the idea of a TBID to reposition decision - making to the local( level\ III. PUBLIC COMMENTS, INCLUDING PUBLIC COMMENTS—ABOUT ITEMS ON THE CLOSED SESSION AGENDA Zinew Icipal City Manager K ff reported that toiught's meell\ Operations Director Harmon's last week with the City, expressed his appreciation for his- service, and wished him the best in his retirement. Mayor Curry commented positively on Mui icipalfterations Director Harmon's service, his efficiency in running his department, and thanked him f fall the work he has done. Council Member Selich commented positively on Municipal Operations Director Harmon's service and f \ \' \.J responsiveness, and wished liim- well in his retirement. Council Member Gardner exp\ \seedd her appreciation to Municipal Operations Director Harmon. Mayor Pro Tem Hill commented on Municipal Operations Director Harmon's service and thanked him for his attention and care (for staff.. Council Member Henn agreed with the previous comments and believed that the City is fortunate to have its staff. He expressed appreciation to Municipal Operations Director Harmon for his service, decisions and management of outsourcing, as well as a high level of responsiveness. Council Member Petros expressed his appreciation to Municipal Operations Director Harmon, noting that the qualities of a manager are reflected in the staff. He commented positively on his staff, noting it is a direct reflection on him. He thanked him for his service. Municipal Operations Director Harmon thanked Council for its support, help and advice. Jim Mosher commented on claims made regarding governmental involvement in business and on travelers flying into John Wayne Airport (JWA) from Mexico. He stated that he finds it hard to believe that JWA had to add 990 full -time new personnel to manage four additional flights. Mayor Curry commented on the creation of jobs that bring people into the community Volume 61 - Page 370 City of Newport Beach City Council Minutes November 26, 2013 G!! LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Henn reported attending the grand opening celebration for Red O Restaurant in Fashion Island and commented positively on the event. He announced a Christmas Tree and Menorah Lighting Ceremony on Saturday, December (T, 2013, in Balboa Village at 5:00 p.m. He commented positively on the Balboa Village Merchants Association's efforts in expanding programming in the Village for events and activities throughout the holiday season. Council Member Gardner announced that the Corona del Mar Christmas Walk will be held on December 8, 2013, from 11:00 a.m. to 5:00 p.m. Council Member Petros reported attending the Villa Balboa Homeowners Association Board Meeting and noted that he was very impressed by the level of engagement and knowledge of the residents. Mayor Curry reported participating in the Interfaith Council Helping'Hands event and commented positively on the efforts of the organization in helping the needy./H'e commented on the generosity of spirit and entrepreneurship of the young people in the City. Additionally, he reported speaking with the Junior Statesman of America Chapter at Newport Harbor High�School audJeommented positively on their drive towards public service. He reported speaking to the SuArise�Rotar-y Club and commented on their service to the community. Mayor Curry announced that he�wi bespeaking at the Wake Up! Newport event on December 5, 2013, hosted by the Chamber of�Commerce.---,/ Referencing Item 3 (Amendment to Newport to Residential and Commercial Piers), Si cti staff bring back language regarding hojvltl. situation. � , Council Member Selich tl Notice of Completion and Municipal Code and Adoption of Resolution Related D:060(E), Council Member Gardner requested that would handle new commercial piers in the same staff for their efforts on Item 11 (Bayside Cove Walkway - ct No. 5276). Regarding Item 21 (Contract \Amendment No. 3 between the City and HF &H Consultants, LLC for Residential Solid Waste Transition and Contract Management Services), Jim Mosher noted that City staff was supposed to \reta%versight of the contract, but with the departure of Municipal Operations Director Harmon, the City is now proposing to outsource not only trash collection, but also the contract oversight function. Hef pressed concerns that the firm being proposed to perform these function is the same firm that recommended outsourcing, wrote the Request For Proposal (RFP), evaluated the responses, helped pick the winning bid, and wrote the contract. He believed that it was not good public policy to entrust all of these functions to a single entity. He also requested information regarding the steps being taken to fill the Municipal Operations Director position and inquired on whether the new contract requires residents to use the new automated carts. Council Member Petros took issue with Mr. Mosher's statements, emphasizing that Council, not HF &H, decided to go forward with outsourcing, made decisions regarding service levels, and listened to extensive public input to arrive at its decisions. He pointed out that this was an action done by the City of Newport Beach under Council's direction, administered by the City Manager, and undertaken by City staff. Regarding Item 3, Patricia Newton noted that the City Attorney indicated that there is no gift of public funds if a mooring or residential pier permit is transferred or if the permittee is allowed to rent their pier to third parties for profit, but that this is a matter of Council Policy. She added that other issues raised at the Study Session were not answered and that tideland users using tidelands for boat storage cannot be treated differently than others. She presented a chart referencing burdens placed on mooring Volume 61 - Page 374 City of Newport Beach City Council Minutes November 26, 2013 XIV. W CUSTOMS ENFORCEMENT. [100 -2013] a) Approve Budget Amendment No. 14BA -023 to accept $18,510.07 from the U.S. Immigration and Customs Enforcement and deposit into Revenue Account No. 1820 -4931 for the Police Department; b) appropriate the funds to the Detective Overtime, Safety Account No. 1850 -7041; and c) approve acceptance of future reimbursements. 29. ANNUAL REPORTING ON DEVELOPMENT IMPACT FEES AND DEVELOPMENT AGREEMENTS. [100 -2013] Receive, review, and file the Annual Reports on Development Impact Fees and Development Agreements. Motion by Mayor Pro Tern Hill, seconded by Council Member Selich to approve the Consent Calendar; noting the recusals of Mayor Pro Tem. Hill on Item 5, Council Member Henn on Items 5 and 7, and Council Member Selich on Item 3; and noting oppositions by Council Member Gardner on Item 4 and Hill, Mayor Curry, Council ated that some people have :vent. He announced a pre- it postcards were mailed to and the public to join them omission. He also discussed asure took place long before He expressed the opinion d this gives the impression d would reconsider limiting Jim Kerrigan commented on the proposed Corona del Mar High School athletic field expansion and expressed concerns that the project will be overseen by the State. He expressed concerns with increased parking requirements and the negative impacts of the expansion to the nearby community. He asked that Council protect residents relative to CEQA and the impacts of the project. Dale Skiles expressed concerns regarding noise, increased traffic, and parking impacts related to the proposed field expansion. She believed that it is an unconstitutional taking without compensation. She addressed ingress and egress difficulties in the Bluffs area and negative impacts to property values. She asked that Council consider the matter carefully and recognize residents' concerns and act resolutely to prevent the permanent, negative impact to the community. A resident commented positively regarding living in the Bluffs, but noted existing parking issues. She expressed concerns with the negative impacts of the proposed expansion of the Corona del Mar High School field, including increased traffic, parking problems, noise, and lights. She asked that Council consider the issue carefully. Volume 61 - Page 380 City of Newport Beach City Council Minutes November 26, 2013 aw Council Member Petros clarified that the City has no discretion over this action, however, the City has influence on the issue. He noted that the City has taken steps to make things better in the Bluffs neighborhood and the City continues to have a dialogue with the School District. He reported that there has to be a CEQA determination and Council has instructed City staff to intervene to ensure that certain topics are addressed. Additionally, Council has heard the public and is taking steps to ensure that the public's interests are addressed. Irwin Trester stated that there is no educational value in expanding the Corona del Mar High School field and believed that it will create a circus environment and destroy the nature of the community. He expressed concerns with increased traffic, noise, and lights. Colin Duffy, Newport Harbor High School student and Vic e America, thanked Mayor Curry for speaking at a recent club State Convention where they returned with four Best Speaker A Council Member Henn reported on a Balboa Village November 13, 2013, where it considered the final ULI Balboa Village. He stated that the report was well -rece enthusiasm for many of the recommendations included that the report should be included in consideration of t to see how the recommendations may be fully act ed\upo President of the Junior Statesman of meeting and reported attending the Fall imittee (BVAC) meeting held on isory Panel Report on revitalizing y discussed, and there was a lot of He reported that it was concluded work plan for the upcoming year Council Member Henn reported that the Finariee Committee met on November 18, 2013, and that items addressed included a review of the m4st\receut\Public Employee Retirement System (PERS) pension valuations. He reported that unfunded liabifiiieVincreased, but noted that the report was dated as of July, 2012 which was at a worst case- scenari�/period of time. He stated that he expects things will get better going forward: He reported that there will be several changes that will be acted upon by the PERS Board that will have the impact ofVurther increasing pension costs for all member agencies, including Newport Beach. He added that the pension cost forecast is not good and will cause the City to continue to take actions to mitigate those expenses, adding that the City has already taken substantial action in this regard. He statOethat tlielCommittee reviewed the Quarterly Financial Report and reported that the City recorded an1operatingvsurplus as of the fiscal year. Discussion also took place regarding the budget process and the, road -map for the budget going forward. Council Member Selick, announced a meeting of the Local Coastal Plan /General Plan Implementation Committee on November 27, 2013, from 12:30 p.m. to 2:30 p.m. in the Newport Coast Conference Room and a meeting of the Land Use Element Amendment Committee on December 3, 2013, from 3:30 p.m. to 5:00 p.m. in the Friend's Room in the Library. XVII. PUBLIC HEARINGS 30. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH G. O. RODRIGUEZ TRUCKING, INC., A CALIFORNIA CORPORATION. [421100- 20131 Deputy Director of Municipal Operations Pisani provided a staff report, including background and recommendations. Council Member Gardner commented on the number of different solid waste collection providers in Corona del Mar and asked about the possibility of considering restricting the number of providers in an area in the future. Council Member Henn agreed with Council Member Gardner's Volume 61 - Page 381 City of Newport Beach City Council Minutes November 26, 2013 believed that Council should deliberate on the matter before deciding to change its past practices. Hearing no further testimony, Mayor Curry closed the public hearing. Motion by Council Member Henn, seconded by Council Member Selich to conduct second reading and adopt Ordinance No. 2013 -25, An Ordinance of the City of Newport Beach Amending Title 9 of the Newport Beach Municipal Code to Adopt the 2013 California Fire Code (Title 24, Part 9 of the California Code of Regulations) with Local Amendments as the Newport Beach Fire Code. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor. Curry, Council Member Selich, Council Member Henn Absent: Council Member Daigle XVIII. CURRENT BUSINESS 33, BEACH BURNING/FIRE RINGS - COMPLIANCE MANAGEMENT DISTRICT (AQMD) RULE 444 (C- City Manager Kiff provided a PowerPoint I results of AQMD's most recent study on fire conditions at Big Corona and Balboa Pier, A Demonstration Project, examples of alternal Council's consideration for Big Corona n enforcement, safety of alternative fuel rings; and consideration by other agencie3 1ity'I \I' staff, including additional requirement "s override. He referenced commeInts r e eiv( addressed contiguous beach area the 50 -fc COAST AIR QUALITY aentati n addressing the background to the issue, �gs\photos�of conditions during busy days, existing 113's'Rule 444, AQMD's Alternative Fuel Fire Ring fuel fire rings, and details of a proposed plan for Balboa Pier. He addressed concerns relative to aintenance and reliability of alternative fuel rings, tger Kiff addressed input from Coastal Commission their opposition to AQMD's Rule 444 nuisance from the AQMD with added requirements. He spacing requirement, and AQMD's statement that the City did not conduct appropriate measurements and that they may impose a penalty. He reported on next steps the-process and presented recommendations. Discussion ensured. \g 2nngg the execution of an agreement between the City and AQMD on the Alternative Fuel Demonstration Project and the Coastal Commission's involvement. Mayor Curry indicated that this is a three - legged proposal and that all three of the legs need to be present relative to) removal of a portion of the fire rings, conversion to clean fuel, and the use of alternative fuels in experimental rings. City Manager Kiff thanked Randy Poulson for his help in the matter. Council Member Gardner thanked staff because this has been a difficult issue and acknowledged that staff is trying to make the best out of a very difficult matter. Mayor Curry commented on the City's efforts collectively to help make the City a healthy place to live. He noted that the City is confronted with significant health impacts due to wood smoke and referenced AQMD's findings regarding the impacts of wood- burning fire rings. He listed additional findings regarding the negative impacts of wood - burning fire rings and noted that they present evidence that the issue needs to be addressed. He acknowledged that beach fires are also part of the Southern California beach experience and addressed persuasive and non - persuasive arguments that have been made regarding the issue. He added that policies are designed to ensure the health of residents and visitors. He hoped that the issue will be approached as neighbors in order to protect the health of each other while accommodating residents and visitors Volume 61 - Page 383 City of Newport Beach City Council Minutes November 26, 2013 wood - burning fires, but took issue regarding the amount of trash burned and left on the beach. He commented on the possibility of using propane and Mayor Curry noted that it is not as safe as natural gas. Randy Poulson commented on a safe idea he developed called "cleanflame." He encouraged the public to visit cleanflame.com to learn more about the product. Ed O'Neil voiced support for eliminating the fire pits, believing that they are an incredible nuisance to nearby residents in addition to being harmful to public health. Sean Torbelson, Long Beach, believed that the City should let the AQMD be the experts on the issue especially as it regards to health. Barbara Peters noted that the recommendations rely on a spacing plan that the AQMD says does not meet regulations. Further, they believe that Newport Beach -is a contiguous beach area. She stated that she has never had the impression that the AQMD-is looking for the City to keep as many fire rings as possible and spread them out on the beach.\She pointed out that the AQMD's initial proposal was to ban all fire rings within the distric�Sh \ addled that the only alternative to take the carcinogens off the beach is to declare the fire rings a public nuisance and remove them all. She noted that some Coastal Commission Memli\rs�d�ferred to the AQMD at the public hearing last March. She added that the Commission asked AQMD for advice and they got it. If they do not like it, it should not be the City's responsibility to fix it. It is the City's responsibility however, to comply with Rule 444. Aside jfr m\remo�ing them, she stated that the single best thing Council could do, would be to vote for``100 -foot spacing to comply with the Rule and the next best thing would be to move forward with altttive fuels. Elizabeth Shafer expressed support forhe1proposed alternative -fuel pilot project and suggested replacing all wood - burning fire rrngs`/�withialternative fuels. She spoke about the serious health effects of wood-bur ning fne ringe, n residents of the communi elu2ding asthma. She urged Council to consider the health of ty Jim Mosher agreed with thel City-Manager regarding the contiguous beach area issue, noting that it is the law. He adldresse, the issue of alternative fuels, adding that it would require a modification of -the law. He commented about the use of charcoal in fire pits and believed that the City is having�a� roblemJbecause there has been an absence of education and enforcement. He also addressed the,lack of signage in languages other than English. Doug Swardst om, Friends of the Fire Rings, commented on a survey of Orange County and City residents. He indicated that the majority of residents do not believe that the fire rings should be removed and did not agree with Council's prior action to remove fire rings in City beaches or to replace them with gas- burning fire rings. In response to Mayor Curry's question, he believed that the studies regarding the effects of wood- burning fire rings are inconclusive and that Council should wait until the studies are finished. Jason Pitken believed that everyone should be more involved in the matter and that Council should take into consideration how the citizens of Newport Beach feel about the issue. He stated that he was shocked that the opinion of the World Health Organization was quoted and commented on Council's claim of being environmentalists while, two weeks ago, it was against increasing recycling diversion rates. He discussed global- warming conspiracy theories and rising taxes on docks, and urged Council to listen to the people and not rush into judgments. Mayor Pro Tem Hill noted that he has been involved in this matter for years and stated that he would not describe it as a rush. Volume 61 - Page 385