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Home My WebLink About03 - Fire Ring Policy UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT COUNFL AGENDA ISO._ Ib1Z ?�D� Agenda Item No.'.4 October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055 mharmon@newportbeachea.gov SUBJECT: AMENDMENT TO MUNICIPAL CODE SECTION 9.04.030 SUBSECTION 307.4.2.1 (FIRE RING POLICY UPDATE) ISSUES: Should the City amend Municipal Code Section 9.04.030 Subsection 307.4.2.1 to IR include clarification of the Fire Ring Policy per the recommendation of the Parks, Beaches & Recreation Commission? RECOMMENDATION: a) Approve the recommendation of the Parks, Beaches & Recreation Commission; and b) introduce Ordinance No. 2009 - amending Municipal Code Section 9.04.030, Subsection 307.4.2.1, to clarify the public use of fire rings at any beach, park, or other public place, and pass to second reading on October 27, 2009. DISCUSSION: At the March 2009 meeting of the PB &R Commission, staff from the Police, Recreation and Senior Services, and General Services Departments provided information regarding the enforcement and maintenance activities associated with Corona del Mar State Beach. At that meeting staff was directed to review the current fire ring policy and bring back proposed changes for Commission review and comment. Staff researched existing fire ring policies from the following beach communities: the cities of Solana Beach, Imperial Beach, Huntington Beach, Oceanside, and San Diego; and the California State Parks. A proposed update to the fire ring policy for Newport Beach was drafted and submitted as a report to the PB &R Commission (Attachment B) at the August 2009 PB &R meeting for review and comment. The proposed update (Attachment A) details the following changes: restricting fires solely Amendment to Municipal Code Section 9.04.030 Subsection 307.4.2.1 (Fire Ring Policy Update) October 13, 2009 Page 2 to concrete fire rings, prohibiting the burning of pallets, and holding those parties using the fire rings responsible for extinguishing the fire. The Commission reviewed and voted unanimously to direct staff to bring the item forward to Council for approval. If Council approves the action, the amendment will take effect immediately. FUNDING: There is no impact on General Services Department budget. ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. , Prepared by: Z4--- Mau ce Turnsaf Administrative Analyst Submitted Mark Harmon General Services Director Attachment: (A) Amendment To Municipal Code Section 9.04.030 Subsection 307.4.2.1 (B) Parks, Beaches & Recreation Commission Report (August 4, 2009) .: E's, • ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SUBSECTION 307.4.2.1, OF SECTION 9.04.030 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO TITLE 9 OF GENERAL PRECAUTIONS AGAINST FIRE. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Subsection 307.4.2.1 of Section 9.04.030 is amended to read as follows: No person shall make, set, or maintain any beach or camp /recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. A. LOCATION 1. Citv - provided fire containers are concrete rinas that have been are - installed at certain beach locations where fires are allowed. 2. Fires are prohibited at locations where there are no City - provided fire containers. 3. The use of a stove, barbecue, hibachi or other similar device specifically designed for starting and maintaining fires is prohibited. B. MATERIALS 1. Fires may be built using only fire materials limited to charcoal, clean wood, or paper Products. Any other material containing landscape debris, paint, stain, sealer, wood preservative, cloth, rubber, metal (including nails, screws, and bolts), asphalt, foam OF PALLETS IS STRICTLY PROHIBITED. 2. edge of the fire container. 1 No cutting, sawing or other means of shredding wood may take place on the beach, parks, sidewalks, streets or parking lots. C. EXTINGUISHING 1. Fires shall be extinguished only with water. 2. No person shall bury any fire, coals or embers with sand: or dispose of any hot, burning or smoldering coals or embers except in a fire ring or other City- provided receptacles which are specially marked as being for that purpose. 3. Any person who has built, maintained, or used a fire on the beach shall be responsible SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for an reason, held to be invalid or unconstitutional, such decision shall not affect the validity o constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2009, and adopted on the , day of , 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: M LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: VID UNT, V ATTORNEY PB&R Commission Agenda Item No. August 4, 2009 TO: Parks, Beaches and Recreation Commission FROM: General Services Director SUBJECT: Fire Ring Policy Recoomiend,ation Staff recommends that the Parks; Beach -s and Recreation Commission review and comment on the proposed Fire Ring Policy (Attachment A). Discussion/Backer ,gun At the Commission's March 2009.meeting, staff from the Police, Recreation and Senior Services, and General Services Depwft- exits provided information regarding the enforcement and maintenance activities associated with Corona del Mar State Beach. At that meeting, questions were raised by Commissioners. regarding the'effectiveness of the current Fire Ring Policy, specifically how the current policy addresses the 1Y.Pesiquantities of materials that. are burned in the City's beach fire rings: The direction to staff was to review the current plivy and bring back proposed changes for Commission review and cornmeaL To begin our research; staff acquired:,.the 6w ring policies fiviii the following beach communities: Solana Reach, Impend Bea* Huntington, Beach, -Oceanside, CA State Tarks, and City Of San Megci. With txampbmfiMAhcSe!agencir'% we were able to draft .a proposed policy for Newport. Beach that befter 24*csiies policy issues such as location Of beach fires, acceptable materi als for bumin g , and responsibility for extinguishing the fires. If the Commission approves of the prbpcisa •changes to the current * .pb ticy, staff will, forward to the City Council for approval. f1repa bk' Ma Marmort, irector General ServiipesVepartrnent Alwhrunt (A) Lvaing and PwpoocdjirvIbagPuhry Existing Newport Beach Policy Section 307.421 Beach, Camp, Recreational fires. No person shall make, set, or maintain any beach or camp /recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such (fires are permissible. Proposed Newport Beach Policy .1. Overview a_ No person shall make, set, or maintain any beach or camp/recreational fire at any beach, park, or other public place within the City except In areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. 11. Location a. City - provided fire containers are concrete rings that have been pre - installed at certain beach locations where fires are allowed. b. Fires are prohibited at locations where there are no City- provided fire containers. c. The use of a stove, barbecue, hibachi or other similar device specifically designed for starting and maintaining fires is prohibited. III. Materials a. Fires may be built using only fire materials limited to charcoal, dean wood; or paperr products: Any other material containing: landscape debris, paint, stain, sealer, wood preservative, cloth, - rubber, metal .(including nails, screws, and bolts), asphalt, foam rubber, plastic; or. any similar material producing noxious fumes; odors, smoke, or leaving any type of solid residue other than ash may not be used. THE BURNING OF PALLETS 1S STRICTLY PROHIDITED. b. Fire materials shall:not exceed a heightof. more than twelve (12) inches above the upper edge of the fire container and must tie wholly contained within the inside edge of the fife container. c. No cutting, sawing, or other means of shredding wood may take place on the beach, parks, sidewalks; streets orparking lots. IV. Extinguishing a. Fires shall only be extinguished with water. b. To bury any fire, coals or embers with sand; or to dispose of any hot, burning or smoldering coals or embers .except in a fire ring. or other City - provided receptacle which are specially marked as being for that purpose is prohibiter!, c. No person who has built, maintained, used, or been within. ten (10) feel of fits on the beach, shall abandon the fire until all ignited fire material has been exhausted or extinguished: Authorized trs Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange Cuumy. California Number A 6214. September 29, 1%]. and A 24831 June 11.1%3. RECEIVED REC.- PROOF OF PUBLICATI(. N4V _6 12 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: October 31, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 4, 2009 at Costa M sa, California. 417 Signature OADKW NO. 2009-23 AN ORDINANCE Of THE CITY COUNCIL, Of THE CITY Of NEWPORT BEACH AMENDING SUBSECTION 301.411, Of SECTION 9.04.030 OF THE NEWPORT BEACH MUNICIPAL (DOE, PERTAINING TO TITLE 9 Of GENERAL PRECAUTIONS AGMT HERE. The CM Couhu- of the CO of Newport BuCI does hefty edam that cetam Newpvt Reach MURK* l Code sector is N Oed to read, m full, as tea0wi: SEC110N 1: Suasectm 307 4.71 of Section 9.01.030 is amended to read as folbws: No person snsA make. set m m,nlan any Nadu v aoDhecreatohul Ire at any beach. ^ aea wise pa,bac pace wdhn the City a- voper coma,,,, are vowded for craw hesn Chry and Mare Cy vans are plainly posted such Tees are pe hr tile. A LOCATION 1. Cey-oromoed fee wnuwers we winery rrys loaf Ire been ve MUW at certrh Oe,r1h i Ab" wfhare News are albwed 2. Fres we vohA+led at locators whse their are M C4yproyhded fire contames 3 The use of a stove, barbecue. hbaCN or 0" ,hill device spa01ARY desEned le starbnp arm mrdum{{ ties s vohOded B MATERIALS fire alhab hmde0 1. Pea may be built usme ody mar to curcwl. Loan wood. v paps producta Any cow maleoal wnbmep larldscape debs, Wml. suaw ssalar* wood pesyraMe, dptt o rubbar, mebl (koirine ns. seen. and bob). asglWl. faro rubber, IAastic, a airy smb material RadhmnesWO � om.�T Booker. or bawry am lYR $�TPoCRY PROH917ED.. TIE RURNNG Of PALLETS 6 2. Pee maearh,s sill not used a neieht d more than twehe (12) miles above the wear edge 01 tw he wntaua and must be wf lY c011ened Wer the node edge of The fire c blawir 3. d rfy bill sawrE or other rnears of 4redGn, rrood maY lake dale on Nor besot parks. ydewaks, streets or parbLL Ists C. E%TINGLAS " "M water. 1 fees shall be eatapusned bray Z No parson OWN biny arty fire. coati v embers witn sand: or Aswse of arty hot banner or wddw n wars v embars eacept n a he rah{ C4,- pemded recepbda wNM are apeCaeY mv1e0 a by otlw Dyne for that Plep011e. 1 3. MY parwn Mho Is Dual. marntaaned, a used a Ire on the beach shall be resWnshbe for easvwe that the fee has peen tufty u,,L,,W ra e.Wqu*d u—far Fiat M in res ware va to letm[ tle tun the posted cbsx f time. SECTION 2r t any sedan. subsectah, winter a. dL or dhrase of this Ordinance n for amY rYeon. held to be meaty v uhcehsi4utDnal, such naraon ". not ,tar the valdrty or crost ulbn,hry Of Nor nars"WIE p,,,h, of th3 ordmana. TN City Cmnn1 herrLy declares that d would have passed "M ordmanu. and each satyr, subsactm. clause v phrase heelif. eresb crave of tR lad that any one v more Batas, subsectms, seMeaes. Causes and phases be declared umonstdubanal. SKTgN L The Mayor sill far and the City CINk shall atest to tha Paesata Of this ordnance. IN City Clerk shall rinse tN same to be Published once n the othcul newspaper of the Coy. and 4 shall N effecMe turfy (30) days after b adoption. SKTION 4, This ordwance was wtroduced at A "Plor meetwe of the Cary CounW of The Co of hlewpat Beach. hew twit 27th day of Oct" Z .bbr "e l IobxmQ wte. to W4 AYES, COUNCILkEMBERS NOES, COUMXMEMBERS ABSENT COIMCRNIEAMERS EDWARD 0 SELICH, MAYOR ATTEST R L&MI BROWN, CITY CLERK APPROVED AS TO FORM. OFFICE OF TIE CITY ATTORNEY By DAVID R. MINT. OTV ATTORNEY Mesa Dab Pilot 0.1o' law 3 wo Newport BeactVCosn _. _ _ Sa995 tr 31.IDO9 �3