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Home My WebLink About14 - Fire Rings in Newport Beach: Compliance with AQMD Rule 444 and Intended Compliance with the California Coastal Act - CorrespondenceBrown, Leilani Received After Agenda Printed January 13, 2015 Item No. 14 From: Denys Oberman <dho@obermanassociates.com> Sent: Sunday, February 08, 2015 4:29 PM ij _r,� To: Dept - City Council Cc: Kiff, Dave; Brown, Leilani Subject: Fire Rings- Community Position --Please enter into the Public Record^ Attachments: Community Position re Fire Rings- Letter to City Council for the Public Record 2-8-15.docx C,... { Mayor and City Council Members: Attached please find the Community Position regarding solutions to the Fire Rings issue, which will also be presented in public testimony. We have informally polled approximately 2,000 residents and multiple communication associations who are interested parties, and have copied them with this transmittal. We appreciate your consideration, and the opportunity to engage in a legitimate public process to achieve acceptable resolution of this matter. Denys Oberman and Other Interested Parties On behalf of the Residents of Newport Beach Regards, Denys H. Oberman, CEO OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dho(a-_)obermanassociates.com �::a A /43' o'ent To: y Council ity Manager sty Attorney File CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476-0790 or the electronic address above, to arrange for the return of the document(s) to us. February 8, 2015 PLEASE DISTRIBUTE TO CITY COUNCIL AND ENTER INTO THE PUBLIC RECORD RE. FIRE RINGS—COMMUNITY POSITION Mayor Selich and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach CA Mayor Selich and Members of the City Council: We have engaged with many residents and frequent visitors , and also multiple community associations, to discuss the issue of fire rings, in order to determine a clear, unified Community voice. We appreciate that the City is anxious to complete disposition of this matter; and, that it is likely in the best interests of all to minimize unnecessary plan iterations , and protracted litigation . It is also the Community's desire to participate through a transparent, clear public process and accomplish a satisfactory solution through the administrative process, if feasible . After extensive outreach, we are providing a clear statement of the Balboa Penninsula and West Newport residents' position as follows. We are interested in achieving a solution which is responsive both to those who desire to retain wood -burning fire rings, and those who wish to live in and visit a beach environment free of smoke. • Environmental health and safety, including clean air and water, are non- negotiables. The health impact and risks associated with persistent exposure to smoke , as well as contaminated water(which would be caused by a number of the alternatives in the 7 scenarios proposed by the City), are universally recognized and supported by both legislative and court bodies. • We are prepared to further a compromise and accept a position which retains fire rings within the physically –existing footprint and mix, as was approved by the Air Quality Management District as of January 30,2015. This scenario while providing wood fire rings, also achieves some reduction in adverse Air Quality impact. Specifics of our position follow: 1. At Balboa Pier: 12 Wood -burning and 18 Charcoal burning rings, located at East and West sides of the Pier, respective ly(more unacceptable) 2. At CDM: 11 Wood -burning and 14 Charcoal -burning rings 3. Total: 55 fire rings Page 2- Community Position Fire Rings 2-8-15 Alternatively, we are prepared to accept Wood -burning rings in the physical footprint boundary of Fire rings as previously existed at these locations prior to establishing some Charcoal rings , subject to spacing of 100' to be compliant with AQMD/Air Quality regulations and without advancing proximity and concentration into residential neigh borhoods.Specifically, this would be: 1. 18 at Balboa Pier, of which 12 would be on the East and 6 on the West side of the Pier 2. 15-16 at Corona del Mar 3. Total: 33-34 fire rings Both of these scenarios accomplish the following: 1. The physical footprint (boundary parameters) are consistent with the original historical locational footprint where the public has grown accustomed to finding and using fire rings 2. They do not expand adverse impacts further into the residential neighborhoods 3. They do not expand into other areas where there is regular, frequent resident and visitors use of the beach and water, or also where recreational, food and other key activities are in close proximity. Such areas where we object to fire rings being located include a)at the Balboa Penninsula, including 15th Street and Newport Pier b) continuing along the Balboa Penninsula beach from the Balboa Pier past B street to the east, and from the current Balboa Pier area along the beach up to the Santa Ana River jetty c)at CDM, where there are volleyball courts, marine center and fire station 4. They are compliant with established Air Quality regulatory standards 5. They support the mission of the Coastal Commission, which is (officially) to protect and preserve the integrity of the environmental quality in the coastal zones, and provide public access. We ask that the Council immediately move and complete approval of a Motion to: 1. Modify or cease and desist the current City survey instrument that includes options other than those above, which are not consistent with the will of the people, the health and safety of the both residents/frequent users; 2. Actively support a legitimate, thoughtful public process which includes the accurate staking of original and currently proposed fire rings in any City presentation, and associated with any properly noticed or reviewed scenario Page 3- Community Position re. Fire Rings 2-8-15 3. Advocate on the community's behalf, the resolution of the fire rings type and their placement in a manner consistent with the scenarios,above--- which is also consistent with the environmental health and safety objectives of the residents and the public. The position,above, is actively supported by thousands of residents and regular visitors using these beaches, as well as community associations and other stakeholder groups whose members' health and welfare is impacted. We realize that time is of the essence, and therefore request the Council's prompt, consideration, public discussion and response. Thank you, Sincerely, Denys Oberman- Resident, Balboa Penninsula Cynthia Koller- Resident, PenninsulaMest Newport Kathryn Branman-Resident, Lido Linda Klein- Resident Lido Laura Curran- Resident Corona del Mar cc: Concerned Citizens Coallition; Central Penninsula Community Association; West Newport Community Association; Balboa Penninsula Point Community Association; Newport Shores Community/homeowners Association; Corona del Mar Residents Association; Surfriders Foundation; SPON; Citizens for NO on Y Brown, Leil r -- From: Denys Oberman <dhn@oberm onensmciahao.00m> Sent: Tuesday, February O3.20154:G2A�� 70� �� _� PM �� U To: 'GoottPeottar' --- ' �" ' `^' ^' � ` Co: OionebO|>({}N;Petros.Tony; Curry, Keith; eoa|ioh@roadru kevinmmu|doon��yahno.00m;Sno�Robinson; 'Fne o||er; ppaUa�e��aoicom; Linda Klein; Laura Curran; Ki�. Dave�^ o� -''Levi��6�ho|t;AUan Beek; dho@��barmanom000io��a.00m;Brown, Lei|aniSubject: RE: Fire Pits PLEASE ENTER THIS CORRESPONDENCE INTO THE PUBLIC RECORD AND DISTRIBUTE. Scott-Thankyouforyour response. However, You and staff unilaterally provided Alternatives that are IN DIRECT CONTRADICTION TO WHAT THE PEOPLE WANT. What was done at Balboa Pier as of this date is acceptable , eg. 12 Wood and 18 Charcoal, spacing in conformance with A[iMD. Locating Fire pits at Newport Pier isNOT ACCEPTABLE, NOR |STHE CONCEPT (]FSPREADING RINGS UPAN PENN|NSULA. CoPiwSent To: --^ —'��Ity Council City Manager |arnherevvithcopying the various HOA/COAs and various others inthe conmnoun�v, ~ Attorney who expressed opposition tothese alternatives. ----- File WHY ARE YOU AND STAFF CONTINUING TOIGNORE THE RESIDENTS AND SUBMIT A DETRIMENTAL TO THE HEALTH AND SAFETY OF THE COMMUNITY? This needs to stop. You and the City have misrepresented the process. You and City continue to ignore the will of the people; AND impose on us alternatives that SPREAD ADVERSE IMPACTS, NOT MITIGATE THEM. The Residents have been more than fair, instepping uptoecompromise. |arncopying the various Community Associations and a number of others who have already expressed Opposition tothese proposed alternatives. Please consider this our Final request that there beNC>FIRE RINGS ATNEWPORT PIER DRUPAND DOWN THE BALBOAPENN|NSULA. If the City continues to pursue an improper, unresponsive administrative process, and Residents are forced into a Petition, please be assured that the community will consider and pursue its remedies tothe fullest extent possible. We have the right to |kxe in air free of persistent 5nnoke, and without increased risk of water contamination and other impacts. Denys Oberman Resident and Community Stakeholder Regards, Denys H. Oberman, CEO OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dho(ab-oberm anassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476-0790 or the electronic address above, to arrange for the return of the document(s) to us. From: scott.peotter(abgmail.com[mailto:scott.peotter(a)gmail.com] On Behalf Of Scott Peotter Sent: Monday, February 02, 2015 11:06 PM To: Denys Oberman Subject: Fire Pits The application went into the CCC is alternate 1. The CCC wants all wood and that is what alt 1 is, all 100' spacing per AQMD. AQMD has reviewed the plan and has approved it. CCC is more than likely to make comments and change the design which would require COUNCIL approval. Through the process the NBCC will continue to give input. Option 1 spreads out the rings at CDM and Balboa pier slightly and then adds 9 to the Newport Pier and 7 to the Dunes. All of them are located as far away from homes as possible. Another alternative that the CCC may approve would be alt 3, also all wood, but which spreads the fire rings out along the peninsula. This was NOT submitted as an approved plan. But was considered. But you may like it, because there are fewer rings together and they are installed in wide parts of the beach. The design criteria is to provide all wood per CCC and space them at 100' per AQMD and minimize impact to home as much as possible. We are open to any suggestions and can propose them to the CCC. htip://www.connectnew-portbeach.com/ THANKS SCOTT PEOTTER Newport Beach City Councilman Direct: 949-250-7118 Scott Peotter 2618 San Miguel Drive, Suite 535, Newport Beach, CA 92660 Like me on Facebook I like to share a verse that I was reading. I hope it blesses you like it did me. Proverbs 22:1 "A good name is more desirable than great riches; to be esteemed is better than silver or gold." Brown, Leilani `1 I\ /1 F1 Date d-1/19l/.S From: Denys Oberman <dho@obermanassociates.com> Cop1e Sent To: Sent: Tuesda ,!1FebwMry 1V, 2015{1: 5'AM ----- ItY Council ety Manager To: Dept City Council Kiff, nave; Drown, Leilani 5*`�City ktorney Subject: Fire rings- For the Public Record- �;'a Mayor and Members of the Council: We appreciate that the City wishes to resolve the Fire rings issue as quickly as possible, as do we. However, forging ahead with inadequate preparation and with disregard to requirements for an orderly process or CEQA evaluation is not acceptable. We were advised yesterday that the City proceeded to submit a plan to the Coastal Commission including 6-7 Alternatives, Including some to which the public has through oral and written testimony, already voiced serious objection. The public has submitted a menu of options which are the only ones, other than fewer or no rings, which it considers acceptable, and which would not create additional significant adverse environmental and nuisance impact on the Balboa Penninsula and CDM beaches and our neighborhoods ---impacts affecting not only residents, but also other members of the public who regularly frequent and use the beaches. Why was this done when the public process was not adequately noticed or the public provided legitimate opportunity for due process? The alternatives 1-7 presented by the City in its electronic survey and as submitted to the Coastal Commission ,if in fact they were already presented to the Coastal Commission in formal application, are in violation of CEQA requirements and due process. This premature submittal was done without adequate planning and forethought by the City. Its prospective damage to neighborhoods and position must be cured ---by the City fulfilling its duty to its constituents and the public, and not on the backs of its residents. We must respectfully insist that the City immediately: 1. Clarify and refine its submittal to the Coastal Commission to eliminate alternatives of clear adverse impact and include alternatives which do not extend or amplify adverse impacts, as presented by the Community 2. Modify the Mind -mixer "public survey" to remove City-defned alternatives 1-7 which constituents have formally objected to, and replace them with legitimate alternatives which do not increase adverse environmental and nuisance impacts 3. Immediately establish a Schedule which provides for the proper sequence of activities and public input, various approvals 4. Immediately move forward to retain experienced, expert representation to advocate alternatives and on the community/city's behalf alternatives which accurately represent and support the interests of the Community and the City( defined as residents and community of users who regularly visit and use the beach) Thank you. Denys Oberman On behalf of Residents of the Balboa Penninsula and other Stakeholders Regards, Denys H. Oberman, CEO OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dho(cD-obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476-0790 or the electronic address above, to arrange for the return of the document(s) to us. Received After Agenda Printed January 13, 2015 Item No. 14 McDonald, Cristal From: City Clerk's Office Sent: Friday, January 23, 2015 12:36 PM To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim Subject: FW: Fre rings From: Vern Mahoney Sent: Friday, January 23, 2015 12:35:25 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council Subject: Fre rings January 23, 2015 I wish to go on record as being opposed to any additional fire rings being placed on the beach near the Newport Pier. I have lived for 25 years on the Ocean Front and I can't tell you how many times I have had to to shut my doors and windows in order to prevent the noxious fumes and gases of patio barbecues wafting into my home. It is particularly annoying when the normal prevailing winds from the southwest blow the fumes along the ocean front and into our dwellings. These dangerous and poisonous gases cause people inside the homes to suffer from headaches and make these expensive homes a living hell. I am adamantly opposed to adding any new fire rings and I fully intended to devote as much time as necessary to create a petition of home owners and perhaps even bring a class action lawsuit against the city council if they proceed with this idiotic idea. Haven't the residents near the Balboa Pier made these points clearly enough to override the bureaucratic ambitions of our elected officials? Now, without any warning or discourse, we discover that the seemingly incompetent city council is actually considering adding more of these problems causing fire rings to this area. I suggest the doubting members of the city council spend a few hours directly downwind of one of these fire rings while they are in use, in order to familiarize themselves with the problems they create. This matter is much more than a NIMBY protest. There is documented scientific evidence of the hazards of inhaling the noxious foul gases. Check it out. Vern Mahoney 1718 West Ocean Front Newport Beach, CA 92663 (949)675-12458 Received After Agenda Printed January 13, 2015 Item No. 14 OyMll tHC4IiLT K l_3I EN15 A�>QCIAI IUN VOL LINTBER� WORKING SINCE 1987TO PROTECT, PRESERVE AND IMPROVE OUR CUMIdLINITY'S QUALITY OF LIFE. BOARD OF DIRECTORS PRESIDENT Karen Trr,Syah I ICE PRESIDENT January 13, 2015 Debhl, sl,,,a, SECRETARI' Eli>aBrth 7 orelle TREASURER Ira,,, r;, sarv,er Dear Mayor Selich and City Council Members, ASST TREASURER Laura G"ma RE: January 13 Agenda Item #14 - Fire Rings CM FILLAGE Denvls Bake, -Ir The city council will once again be reviewing the issue of whether or Paol ➢ardau-NVV Laura Cu„aa-IV not burning firewood could be allowed in the fire rings of Newport Dwk,v,th-SE Beach if the configuration and spacing of the fire rings are changed. Parr, Gam -NE B,,re IUr-N4 Lmda R,rn,,-SIc The most recent city council candidates pledged transparency and lli,hael Toe,ge-SII- inclusion of resident input on key issues. Given all the staff time over Er,aherh Torelh-NE the last several years on this topic and the involvement of both the IRVINE TERRACE Coastal Commission and the AQMD, this certainly qualifies as a "key r°I sk°r° issue". Why is council in such a rush to make changes in its first HARBOR FIEWHIELS business meeting in the absence of a specific education and outreach Barr,Alle" efforts? Debbie St,,,,,, CORONAHIGHLI:NDS In the City Manager's recent Insiders Report, Mr. Kiff states: "There is ul,h” P16i, no perfect plan or perfect alignment of fire rings. If the community ... SHORE CLIFFS desire[s] wood -burning rings..." Sandie H,,,k,ll CAMEO HIGHLANDS That is a very telling statement which suggests to us that we have a blaq w Smr,,, K,,,,..,T,;"yaf, significant unanswered question. What exactly is the community's CAMEO SHORES mandate on fire rings ... their placement, spacing and acceptable Darerra E",;x" fuel(s)? Traditionally, an understanding of community consensus is se,x•,Ir Ichl„ done through specific outreach efforts which include educational ,ICUBERSATLARGE workshops, mailings and meetings, and conclude with a consensus HARBOR TIEI9 HILLS SO gathering mechanism such as a survey. Jem Kmg Robert Sh,l,,," Public Comments at city council meetings are not. enough. For JASMINE CREEK example, the city made some very significant changes to their plans Bill s;ma"s for the West Newport Community Center after conducting extensive B, m, Be°„hln, education and outreach on this topic. Why are we not doing the same BREAKERS DRI IT ASSN for this important issue? Barbara Peters THE TERRACES of CD If OPaa 3334 EAST COAST HIGHWAY #179 CQ P.O. BOX 1500 R;3 CORONA DEL MAR, CALIFORNIA 92(,21 wU^w.CDNIRA.ORG I INFC)(a CDMRA.ORG V'OI UA'TLLR< \A ORFING SIN'C F 1987 To PRO I E( I', PRI I R% I AND I%IPROA'[ OUR L OAtVILIAIIY'$ Q1:ALITT OF LIFE. January 13, 2015 Mayor Selich and City Council Members Page Two As a council, it is important to ascertain which quality of life aspects are important to our community as it relates to their enjoyment of our beaches. • Is it for for clean air and a smoke-free environment or the ability to enjoy traditional wood -burning bonfires? • Have we determined the impact to beach goers if we lose or displace a life guard station or a volleyball court to accommodate a new fire -ring configuration? • Has the incendiary concerns of placing fire rings close to palm trees been assessed? • What is the water quality impact of moving rings closer to the tide line during high tide and storm events? • Does the right to more fire rings trump the safety of beachgoers or the availability of courts on which to play? • What is the city and taxpayers' liability for suits brought by beachgoers who feel their health has been compromised by the fire rings ... or conversely that their beach enjoyment was diminished in the absence of fire rings or fuel choices? It is not apparent that these questions have yet been asked and answered. Therefore, we ask that council to set aside the action plan outlined in the staff report and task staff to conduct a thorough community education and outreach effort to determine the course of action that in fact enhances the community's desired quality of life and then formulate an action plan to implement that directive. The Corona del Mar Residents Association pledges its support and help in community education and outreach efforts on this topic. Sincerely, F&Ud 4 [/1112C1`Ow Corona del Mar Residents Association cc: City Manager Dave Kiff City Clerk Leilani Brown 3334 EAST( 0IST HIGHVA'A1 #179 CR P.O. ROS 1500 i6) CORON 9 DEL ALAR,('A![[ORMA 9262S lc%'m-CD.SIRA.ORG I INFO',, CDMRA.ORG Received After Agenda Printed January 13, 2014 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUT40 G'. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office _s 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 January 13, 2015 Honorable Mayor and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [via Email] Re: City Manager's Report to City Council for the January 13, 2015 Hearing — Agenda Item No. 14 — Fire Rings in Newport Beach: Compliance with AQMD Rule 444 and Intended Compliance with the California Coastal Act Dear Mayor and City Council Members: The Coastal Commission staff is taking this opportunity to comment on the City of Newport Beach staff recommendation addressing the City's compliance with the South Coast Air Quality Management District (AQMD) Rule 444 and with the California Coastal Act. The fire rings agenda item referenced above is scheduled for possible action today by the Newport Beach City Council. City staff recommends (a) implementation of an interim plan that would return 15 wood burning fire rings to City beaches; (b) asking AQMD to allow the City to define "Contiguous Beach Area" as being interrupted by a specific distance of at least one mile or specific geographic feature, thereby reducing the distance required between wood burning rings and allowing an increase in the number of wood burning fire rings on City beaches, on an interim basis, to 30; and (c) discussion of a permanent plan that would relocate fire rings at Corona del Mar State Beach and at the Balboa Pier area to increase the number of wood burning rings in those locations and add new wood burning fire rings to two other City beaches, in compliance with AQMD Rule 444, bringing the total number of wood burning fire rings on City beaches to 60. Commission staff is submitting these comments to clarify that a Coastal Development Permit is/was required for implementation of the current "charcoal- only" plan and for both the interim and permanent plans recommended by City staff. We also support the interpretation that Corona del Mar State Beach and the Balboa Pier area are not contiguous beach areas so that the 50 foot spacing between wood burning rings is sufficient. Such an interpretation would afford the City more options to achieve compliance with both Rule 444 and the Coastal Act. Section 30001.5 of the California Coastal Act declares that the basic goals of the state for the coastal zone include maximizing public access to and along the coast and maximizing public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. Section 30210 of the Coastal Act requires that maximum recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resources areas from overuse. Section 30213 of the Coastal Act Agenda Item No. 14 — Fire Rings in Newport Beach Page 2 of 2 requires that: "Lower cost visitor and recreational facilities shall be protected, encouraged, and where feasible, provided. Developments providing public recreational opportunities are preferred." The fire rings offer a unique lower cost visitor -serving and recreational opportunity protected by these public access and recreation policies of Chapter 3 of the Coastal Act and Commission staff support the City's efforts to identify a proposal that would relocate wood burning fire rings, resulting in no net loss of fire rings and complying with both the Coastal Act and AQMD rule. As previously communicated to the City, any change in the intensity of use of the fire rings constitutes development under Coastal Act Section 30106 requiring Commission approval. As a result, both the interim plan and permanent plans being recommended by City staff require a Coastal Development Permit (CDP) due to the proposed relocation of existing fire rings, addition of new fire rings, and change in fuel type. The City previously submitted an "after -the -fact" CDP application for implementation of its charcoal -only rule. That application should be amended as soon as possible to address any action approved by the City Council for both the interim and permanent plans. We could then schedule the item for a Coastal Commission hearing as soon as possible at a southern California meeting location and, hopefully prior to the upcoming summer season. Thank you for the opportunity to comment on this matter. Please note that these comments are those of the Coastal Commission staff and not of the Commission itself. Commission staff is available to meet with City staff to discuss the City Council action and pending permit application as soon as convenient. Sincerely, Sherilyn Sarb Deputy Director, South Coast District Orange County Cc: Dave Kiff— City Manager (Email only) Barry Wallerstein —AQMD (Email only) Karl Schwing — CCC (Email only) Erin Prahler—CCC (Email only) Received After Agenda Printed January 13, 2015 Brown, Leilani Item No. 14 From: Corona del Mar Residents Association <Info@Comra.org> Sent: Tuesday, January 20, 2015 9:43 AM To: Dixon, Diane; Petros, Tony; Duffield, Duffy; Muldoon, Kevin; Selich, Edward; Peotter, Scott; Curry, Keith Cc: Kiff, Dave; Brown, Leilani Subject: Request for Motion to Reconsider Attachments: CC—Fire Rings_150113.pdf Mayor Selich, By a majority vote, the CdMRA Board requests that a Motion for Reconsideration is made on the Fire Ring Vote that was conducted at the January 13, 2015 City Council Meeting. This request is being made for the following reasons: 1. We believe that the vote was hastily called without adherence to the city's own policy on the timing and vetting of agenda items. 2. The subsequent confusion of a voting council member over what he actually voted on highlights the importance of adhering to this important policy which allows adequate time for staff to do their work and for council to digest the information and assess potential risks and benefits associated with a vote. 3. In 2012 and again in 2015, we asked that council and staff conduct a thorough public education and outreach campaign on this issue. We hear a great deal from those strongly in favor and strongly opposed, but have provided no good avenue for the average resident to research and comment on this topic. The city has a recent success in their outreach program for the West Newport Community Center. Why not engage the broader public on this topic in a similar manner? 4. The CdM Residents Association is not the only community association in Newport Beach with these same concerns. With fire rings being added to more areas of the city, public education and outreach increases in importance and the desire to do so is gaining momentum throughout the city. We understand the frustration of staff and council in having to deal with local and state agencies which dictate conflicting priorities and direction. But at the end of the day, the agencies' staffs and commissioners do not directly experience the results of their decisions. We as residents and you as council members do. Whether or not you agree with the health -risk findings, no one can deny the personal liability risks to Newport Beach. Our population grows by a factor of 3-4 on weekends and holidays. Just as the city was sued some time ago for failure to warn visitors that swimming in the ocean could be dangerous, fire rings, or a proliferation of fire rings, brings with it risks and liabilities for personal injuries and health claims against Newport Beach. As residents, we deserve a robust and inclusive dialog on all facets of this topic before council takes action. As council members, robust public education and outreach provides you with the benefit of hearing from as many of your constituents as possible as you weigh the pros and cons on this matter. Thank you for your consideration of our request. Soarl - f Directol-S Corona deCMar Residents Association PO Box 1 500 1 Corona del Mar, CA 92625 1 949.71 9.9390 1 www.cdmra.ora From: Corona del Mar Residents Association [mailto:lnfo@Comra.00r ] Sent: Tuesday, January 13, 2015 1:30 PM To: 'DDixon@Newportbeachca.gov'; 'TPetros@Newportbeachca.gov'; 'M Duffield@ Newportbeachca.gov'; 1 'KMuldoon@Newportbeachca.gov'; 'edselich@roadrunner.com'; 'SPeotter@newportbeachca.gov'; 'curryk@pfm.com' Cc: 'Kiff, Dave'; 'Brown, Leilani' Subject: City Council Meeting Agenda Item #14 The attached is offered as public comment on tonight's Agenda Item #14 from the Corona del Mar Residents Association Board of Directors. Plans submitted for consideration tonight covering fuel choices for and the placement of fire rings are premature. We advocate for a formalized public education and outreach plan in advance of discussing these options at the council level. This is in keeping with our organization's mission and with your campaign promises of transparency and resident involvement. Thank you. Boa, -1, fOf DireCtOYS 949.719.9390 P/F PO Box 1 500 1 Corona del Mar, CA 92625 1 Please visit our website at: www.cdmra.ora Please add our email address to your Contacts and/or Safe List KL, IL4wI €} A 3C)CI A t VOLUNTEERS WORIQNG SINCE 1987 TO PROTECT, PRESERVE AND IMPROVE OUR COMMUNITY'S QUALITY OF LIFE. January 13, 2015 Mayor Selich and City Council Members Page Two As a council, it is important to ascertain which quality of life aspects are important to our community as it relates to their enjoyment of our beaches. • Is it for for clean air and a smoke-free environment or the ability to enjoy traditional wood -burning bonfires? • Have we determined the impact to beach goers if we lose or displace a life guard station or a volleyball court to accommodate a new fire -ring configuration? • Has the incendiary concerns of placing fire rings close to palm trees been assessed? • What is the water quality impact of moving rings closer to the tide line during high tide and storm events? • Does the right to more fire rings trump the safety of beachgoers or the availability of courts on which to play? • What is the city and taxpayers' liability for suits brought by beachgoers who feel their health has been compromised by the fire rings ... or conversely that their beach enjoyment was diminished in the absence of fire rings or fuel choices? It is not apparent that these questions have yet been asked and answered. Therefore, we ask that council to set aside the action plan outlined in the staff report and task staff to conduct a thorough community education and outreach effort to determine the course of action that in fact enhances the community's desired quality of life and then formulate an action plan to implement that directive. The Corona del Mar Residents Association pledges its support and help in community education and outreach efforts on this topic. Sincerely, vftvGGL 4 1V &wz4rw Corona del Mar Residents Association cc: City Manager Dave Kiff City Clerk Leilani Brown 3334 EAST COAST HIGHWAY #179 GR P.O. BOX 1500 50 CORONA DEL MAR, CALIFORNIA 92625 www.CDMRA.ORG I INFO(a CDMRA.ORG 94E11LEc�:ts r1i�L�+::!Atter^:; VOLUNTEERS WORKING SINCE 1987 TO PROTECT, PRESERVE AND IMPROVE OUR COMMUNITY'S QUALITY OF LIFE. BOARD OF DIRECTORS PRESIDENT The city council will once again be reviewing the issue of whether or Karen Tringali not burning firewood could be allowed in the fire rings of Newport VICE PRESIDENT Beach if the configuration and spacing of the fire rings are changed. Patty Grin -NE 13, 2015 DebbieStevensJanuary SECRETARY The most recent city council candidates pledged transparency and Elizabeth Torelli inclusion of resident input on key issues. Given all the staff time over TREASURER the last several years on this topic and the involvement of both the Santer. Dear Mayor Selich and City Council Members, .1larjorie issue". Why is council in such a rush to make changes in its first ASST TREASURER business meeting in the absence of a specific education and outreach Lanza Curran RE: January 13 Agenda Item #14 — Fire Rings Cddl VILLAGE Dennis Baker -W The city council will once again be reviewing the issue of whether or Paul Bartlan-N11' Laura Curran -11- not burning firewood could be allowed in the fire rings of Newport BonnieDucknorth-SE Beach if the configuration and spacing of the fire rings are changed. Patty Grin -NE Br, cc :Alott-NIA' Linda Rasner-SIV The most recent city council candidates pledged transparency and Michael Toerge-SIV inclusion of resident input on key issues. Given all the staff time over Elizabeth Torelli-NE the last several years on this topic and the involvement of both the IRVINE TERRACE Coastal Commission and the AQMD, this certainly qualifies as a "key Val Skoro issue". Why is council in such a rush to make changes in its first HARBOR VIEWHILLS business meeting in the absence of a specific education and outreach Barry Allen efforts? Debbie Ste, ens CORONA HIGHLANDS In the City Manager's recent Insiders Report, Mr. Kiff states: "There is Michael Pilsitz no perfect plan or perfect alignment of fire rings. If the community ... SHORE CLIFFS desire[s] wood -burning rings..." Sandie Haskell CAMEO HIGHLANDS That is a very telling statement which suggests to us that we have a Alarjorie Smrrer Karen Tringali significant unanswered question. What exactly is the community's CA,L1E0 SHORES mandate on fire rings ... their placement, spacing and acceptable Doi etta Ensign fuel(s)? Traditionally, an understanding of community consensus is Bererlr White done through specific outreach efforts which include educational MEMBERS ATLARGE workshops, mailings and meetings, and conclude with a consensus HARBOR VIEWHILLS SO gathering mechanism such as a survey. Jerry King Robert Shelton Public Comments at city council meetings are not enough. For JASMINE CREEK example, the city made some very significant changes to their plans Biu Simons for the West Newport Community Center after conducting extensive Bruce Beardsley education and outreach on this topic. Why are we not doing the same BREAKERS DRIVE ASSN for this important issue? Barbara Peters THE TERRACES of CDM Open 3334 EAST COAST HIGHWAY $#179 CSR P.O. BOX 1 500 F) CORONA DEL MAR, CALIFORNIA 92625 www.CDMRA.ORG I INFO(u CDMRA.ORG