HomeMy WebLinkAbout12 - Beach Fire Rings: Repeal of 2013’s Amendments to Rule 444 (Open Burning)
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NEWPORT BEACH
City Council Staff Report
COUNCIL STAFF REPORT
CITY OF
March 8, 2016
Agenda Item No. 12
ABSTRACT:
Approval of this item would authorize Mayor Dixon to send a letter to the South Coast
Air Quality Management District (SCAQMD) Governing Board advocating for a repeal of
2013’s amendments to Rule 444 (Open Burning) relating to beach fire rings. The 2013
amendments generally regulated beach fire rings for the first time. If the Board repeals
the amendments and the Coastal Commission later issues a permit to return to the
2013 ring placement, the city’s sixty (60) rings could be returned to their 2013 locations.
RECOMMENDATION:
Authorize the Mayor to send a letter to the South Coast AQMD Governing Board asking
for a repeal of 2013’s amendments to Rule 444 (Open Burning) relating to beach fire
rings.
FUNDING REQUIREMENTS:
The beach fire ring plan under operation now costs about $165,000 per year for a
private security firm to monitor fuel use (charcoal versus wood) at the Balboa Pier and
CdM State Beach. If the rings were returned to the older placement and the charcoal
requirement removed, arguably all of those resources could be saved.
DISCUSSION:
Please see staff reports from the January 13, 2015 and June 23, 2015 City Council
meetings for additional background information.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff
PHONE: 949-644-3001
TITLE: Beach Fire Rings: Repeal of 2013’s Amendments to Rule 444
(Open Burning)
Beach Fire Rings: Repeal of 2013’s Amendments to Rule 444 (Open Burning)
March 8, 2016
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Prior to very recent times, the City had sixty (60) beach fire rings at two popular beach
areas – Big Corona (27 rings) and the Balboa Pier area (33 rings). Attachment C has
exhibits with aerials showing the older footprint of the rings. Generally, wood fuel as well
as charcoal was burned in these rings, but there were no restrictions on whether
specific rings were reserved for wood versus charcoal. In some but not many
instances, fire ring users would burn other materials that were not allowed – such as
wood with paint, tables, furniture, and more. The City would attempt to cite persons
burning the wrong materials, and could do so on a sporadic basis.
About five years ago, then-Council Member Nancy Gardner asked the community and
Council if the Council would consider removing all of the beach fire rings, citing the
health impacts associated with wood smoke as a reason for concern. A multi-year effort
then began, with the following actions:
In February 2012, the Newport Beach Parks, Beaches, and Recreation Commission
voted 4-3 to remove the rings.
In March 2012, the Newport Beach City Council approved the Commission’s action,
and voted to remove the rings.
Following the March 2012 action, the City staff applied for a Coastal Development
Permit (CDP) from the California Coastal Commission to remove the rings. Months
went by with the City staff and Coastal staff exchanging letters about the City’s CDP
application. In Spring 2013, the City withdrew its permit application in mid-hearing
as the Coastal Commission was indicating that it would likely not act o n the City’s
permit or would deny it. Some commissioners suggested following then-
Commissioner Bill Burke’s suggestion that the South Coast AQMD review the issue
by considering amendments to AQMD’s Rule 444 (Open Burning).
In July 2013, the SC AQMD Governing Board, on a 7-6 vote, approved a change to
Rule 444 (see Attachment A) that said, generally, that wood-burning beach fire
rings that were within 700’ of residences should be spaced 100’ apart, if there were
more than 15 rings in any one jurisdiction. The Rule changes exempted charcoal
and natural gas fire rings from the distancing requirement. The Rule would take
effect March 1, 2014.
In November 2013, the Council adopted a plan that it believed complied with Rule
444, although AQMD later said that the distancing that the City chose (50’ versus
100’) was not compliant with the Rule’s definition of a “contiguous beach unit.”
In January and February 2014, the City Council introduced Ordinance No. 2014-2
relating to Beach Fire Rings. The Ordinance limited the types of fuel that can be
used in beach fire rings.
In March 2014, the new Rule 444 took effect.
Beach Fire Rings: Repeal of 2013’s Amendments to Rule 444 (Open Burning)
March 8, 2016
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In June 2014, the Coastal Commission told the City that the changes that the City
adopted in early 2014 required a Coastal Development Permit. The City applied for
one in arrears in July 2014.
In November 2014, a City Council was elected with a different approach, one that
was more supportive of wood-burning fire rings.
As a compromise plan, the Council adopted a Plan in early 2015 that kept some
wood-burning and some charcoal rings in Newport Beach, including adding some at
Newport Dunes. The plan is shown in the exhibits of Attachment C. Much of the
Plan was approved by the Coastal Commission (9-1) on June 11, 2015, but the City
does not physically have the permit to implement it in hand.
As it prepared the FY 2015-16 City budget, the City estimated a cost of about
$165,000 per year to appropriately enforce the different fuel designations for our fire
rings. The City has done so using a private-sector security firm, under a contract
administered by the Police Department. It has been somewhat successful, although
the fire rings are not supervised at all times.
In November 2015, the AQMD Board of Governors had new appointees, including Lake
Forest City Council member Dwight Robinson representing Orange County. Council
Member Robinson replaced Santa Ana Mayor Miguel Pulido on the Board. The change
shifted the governing majority on the Board.
In February 2016, Council Member Peotter asked that the Council to consider sending a
letter to the AQMD Board asking them to review and repeal the 2013 amendments to
Rule 444. Doing so could remove the language that established distancing between fire
rings that were within 700’ of residences, and would allow localities like Newport Beach
to put the fire rings back into their 2013 footprint. Arguably, doing so would also require
an amendment to the City’s June 2015-issued CDP from the Coastal Commission.
This agenda item would authorize Mayor Dixon to send a letter to the Governing Board
stating that request (see Attachment B for the draft letter).
The pros and cons of a repeal of Rule 444’s 2013 amendments are as follows:
Advantages
The City could choose its own fire ring configuration and fuel mix (though with the
approval of the Coastal Commission).
Significant ongoing City resources (about $165,000 per year) could be saved by
avoiding ongoing enforcement expenses for the current plan.
Staff believes that the current plan’s enforcement is costly and generally makes fire
ring users unhappy. People who bring wood but cannot use it because the wood
rings are all taken just end up being upset.
Beach Fire Rings: Repeal of 2013’s Amendments to Rule 444 (Open Burning)
March 8, 2016
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Disadvantages
Some believe that the current fire ring plan and the provisions of Rule 444 provide
for better air quality to beach users and adjacent residential areas than the 2013-era
ring configuration.
The South Coast AQMD Board may not wish to reconsider this issue at all,
notwithstanding whether or not they’d repeal Rule 444’s amendments.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable ind irect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Specifically,
the action consists of advising AQMD of the City’s position as to the State’s regulatory
program and has no potential for resulting in physical change to the environment,
directly or indirectly. Even if advising AQMD of the City’s position is considered subject
to CEQA, this action is exempt from CEQA because it has no potential to have a
significant effect on the environment, it is an administrative action as described in City
Council Policy K-3 and is exempt from CEQA pursuant to Sections 15061(b)(3) (CEQA
applies only to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.)
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Additionally, I provided
notice of this item in the Insider’s Guide as well as to the Balboa Penin sula Point HOA,
the Central Newport Beach Association, and the CdM Residents Association.
ATTACHMENTS:
Attachment A – Rule 444 – Including Notes About 2013’s Changes
Attachment B – Draft Letter to the AQMD
Attachment C – Staff Report from June 2015, Showing Ring Footprints
Attachment D – Correspondence
Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment A
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Attachment B – Draft Letter
March 9, 2016
Dr. William A. Burke, Chairman
South Coast AQMD Governing Board
21865 Copley Drive
Diamond Bar, California 91765
Dear Chairman Burke and Members of the Governing Board:
This letter is to formally state the City of Newport Beach’s respectful request to you and
your colleagues on the Governing Board to reconsider the July 2013 amendments to
Rule 444 (Open Burning) that limited beach burning, specifically wood-burning beach
fire rings within 700’ of residences.
We are aware of the Board’s and staff’s efforts on this issue in 2013, and certainly
realize the difficult work that went into adopting the amendments to the Rule.
At this point in 2016, the City Council of the City of Newport Beach believes that the
Rule should be revisited, and the 2013 provisions repealed. Doing so would allow us
greater flexibility in implementing local solutions in concert with local and visitor desires
as well as with the California Coastal Commission.
Additionally, amending the Rule may also allow us to end a challenging struggle to
appropriately enforce the Rule’s provisions as we have implemented them. Regular
enforcement of the varying fuels allowed to be burned in our fire rings, which are open
to the public from 6:00 a.m. to 10:00 p.m. daily, has been costly and only marginally
successful.
The City would prefer that the Rule’s provisions return to the language that was used
prior to the July 2013 amendments relating to beach burning. If you have any questions
about this request, please do not hesitate to ask.
Sincerely,
Diane Dixon
Mayor, Newport Beach
cc: Members of the Newport Beach City Council
Dr. Barry Wallerstein, South Coast AQMD Executive Officer
The Honorable Dwight Robinson, City Council Member of Lake Forest
CTY OF
F NEWPORT BEACH
City Council Staff Report
June 23, 2015
Agenda Item No. 28
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
PHONE: (949) 644 -3001
TITLE: Ordinance No. 2015 -21: Fuel for Beach Fire Rings; Ratification of the California
Coastal Commission's Approved Fire Ring Plan for Newport Beach
ABSTRACT:
The City and its 60 beach fire rings was required to comply with the South Coast Air Quality Management
District's (AQMD's) Rule 444 (Open Burning) in March 2014. On June 11th, 2015, the California Coastal
Commission gave approval (with conditions) to a plan that included charcoal and wood - burning rings in
Newport Beach. The plan also complies with AQMD Rule 444. Staff seeks formal Council ratification of
the plan, as well as additional public awareness of it. Additionally, the Commission's approval necessitates
small changes to the City's Municipal Code regarding fuel for beach fire rings.
RECOMMENDATION:
a) Authorize the City staff to implement the fire rings plan as approved by the California Coastal
Commission on June 11. 2015: and
b) Introduce Ordinance No. 2015 -21, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Section 11.08.060 of Chapter 11.08 of the Newport Beach Municipal Code Relating to
Beach Fire Rings, and, if approved, pass to second reading onJuly 14, 2015.
FUNDING REQUIREMENTS:
Funding to implement the plan (about $165,000, which includes $110,000 in new funding) has been
included in the FY 15 -16 budget, although some one -time costs for signage and construction of the ADA
rings may come from residual fund balance in the FY 14 -15 budget.
DISCUSSION:
BACKGROUND:
Please see the staff report from the January 13, 2015 City Council meeting for additional and detailed
background information.
Following many months of community input and stakeholder discussion, City staff presented a consensus
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ATTACHMENT C
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fire ring plan ( "Plan ") to the California Coastal Commission on June 11, 2015.
The Plan was a result of discussions with individual Council members representing the districts where fire
rings reside (Ms. Dixon and Mr. Peotter), community members, Coastal Commission staff members,
representatives of Friends of the Fire Rings, AQMD staff and others. The Plan has also been discussed in
the context of settling legal issues between the City and Friends of the Fire Rings. The Plan is shown as
Attachment A.
The Plan was approved with conditions by the Commission on a 9 -1 vote, although the Commission
directed that the City work with the California Department of Parks and Recreation (DPR) to address some
of DPR's concerns about aspects of the proposed Coastal Development Permit (CDP) that could carry
forward onto DPR's property at Corona del Mar State Beach.
The City operates CdM State Beach via an operating agreement with DPR. The Agreement, among other
things, requires the City to seek and obtain approval for construction and other projects prior to project
implementation at the beach. Staff has proceeded to work with the Coastal Commission staff and DPR's
local representatives to address these concerns. The Commission's executive director may approve
whatever successful outcome is reached between the City and DPR. This aspect of the Commission's
approval does not affect implementation of the Plan at the Dunes or the areas around the Balboa Pier.
Following formal Council approval, City staff will continue to move to complete the standard and special
conditions that Coastal requires prior to issuing a CDP. With the CDP in hand, we will implement the
changes to the fire ring layouts, including constructing the ADA rings, moving rings, installing signage, and
securing appropriate vendors and /or vending machines for charcoal and wood.
Regarding the proposed ordinance (Attachment B), the code revisions under consideration make small
changes to the City's current code on fuel for fire rings. These changes include eliminating a sunset
provision that would have made the section expire in 2016 as well as clarifying that the City will designate
what fuels can be burned in what rings in accordance with the issued CDP.
In closing, the City Manager would like to thank and recognize Ms. Dixon and Mr. Peotter, as well as Doug
Swardstrom of Friends of the Fire Rings, Andy Theodorou of the Newport Dunes Resort, Stacy Blackwood
of the County of Orange (OC Parks), Brian Ketterer and Todd Lewis of California State Parks, Denys
Oberman (a Balboa Peninsula resident), former Council member Mike Henn, Coastal Commission staff
especially Ms. Erin Prahler, Ms. Sherilyn Sarb, and Mr. Karl Schwing), AQMD executive officer Barry
Wallerstein, City staff such as Scott Watson (GIS), Brenda Wisneski (Community Development),
Recreation Director Laura Detweiler, Fire Chief Scott Poster, Police Chief Jay Johnson, City Attorney Aaron
Harp, and others who worked hard on this compromise to see it to implementation. It is not perfect, but it
respects and recognizes multiple wishes for the fire rings that at one time seemed irreconcilable.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find compliance with Rule 444 is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code Section 21080(b)(1) and CEQA
Guidelines Section 15268(a) because the City's proposal to space the fire rings farther apart and convert
wood burning rings to charcoal -only rings is mandated by South Coast Air Quality Management District's
Rule 444. The City's compliance with Rule 444 is therefore ministerial. Further, based upon the substantial
evidence contained herein, spacing wood - burning fire rings farther apart and converting wood burning rings
to charcoal -only rings will not cause significant impacts to the environment and therefore exempt from
CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
In addition, aspects of this project are exempt pursuant to CEQA Guidelines Section 15301, Operation,
Repair, Maintenance, or Minor Alteration of Existing Structures or Facilities (Class 1), CEQA Guidelines
Section 15302, Replacement or Reconstruction of Existing Structures or Facilities ( Class 2), CEQA
Guidelines Section 15303, New Construction, Installation or Conversion of Small Structures, Facilities or
Equipment (Class 3), CEQA Guidelines Section 15304, Minor Alterations to Land, Water or Vegetation
Class 4), CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations (Class 5), CEQA
Guidelines Section 15311, Construction or Placement of Accessory Structures (Class 11), and CEQA
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Attachment C
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Guidelines Section 15323, Normal Operations of Existing Facilities for Public Gatherings (Class 23), in
that aspects involve a replacement or reconstruction of existing structures, specifically the fire rings, within
what is generally the same beach footprint, the addition /modification of signage, and minor modifications to
the City's Municipal Code.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Plan 17 - Approved Fire Ring Plan
Attachment B - Ordinance
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Attachment C
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ATTACHMENT A
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O Main Access Path (415 sf)
ADA Concrete Ring (157 sf)
ADA Concrete Pad (83 sf)
Fire Ring Footprint (17 rings - 332 sf)
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West Balboa Pier
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Wood Fire Ring (9)
Charcoal Fire Ring (8) atyaf Newpa,tsea,n
GIS Division
May 12, 2015
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Attachment C
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ADA Concrete Ring (157 sf)
ADA Concrete Pad (83 sf)
Fire Ring Footprint (15 rings - 293 sf)
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Plan 17"
East Balboa Pier
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Wood Fire Ring (7) 5rv
Charcoal Fire Ring (8) City of Newport Beach
GIS Division
May 12, 2015
Attachment C
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t
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O Main Access Path (365 sf)
M ADA Concrete Ring 057 sf)
ADA Concrete Pad (45 sf)
Fire Ring Footprint (24 rings - 469 sf)
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Plan 17"
CdM State Beach
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Charcoal Fire Ring (8) atr ar Newport aea =h
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May 12, 2015
Attachment C
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WIN
Attachment C
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ATTACHMENT B
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA AMENDING
SECTION 11.08.060 OF CHAPTER 11.08 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING TO
BEACH FIRE RINGS
RECITALS
WHEREAS, the City of Newport Beach ( "City ") is a tourist destination for millions
of in -state and out of state residents, and international visitors;
WHEREAS, many visitors are drawn to the City for our fresh air, clean ocean
water, and miles of pristine coast line;
WHEREAS, many visitors and residents also come to the City to participate in
the longstanding tradition of a beach bonfire;
WHEREAS, prior to the adoption of South Coast Air Quality Management District
Rule 444 ( "Rule 444 "), the City had 60 wood burning fire rings in the vicinity of the
Balboa Pier and at Corona del Mar State Beach;
WHEREAS, to comply with Rule 444, the City implemented a temporary plan
whereby the number of fire rings was reduced from 60 wood burning fire rings to a
combination of 56 wood burning and charcoal -only burning fire rings;
WHEREAS, on June 9, 2015, the California Coastal Commission approved the
City's application for a Coastal Development Permit to replace the City's temporary plan
with a permanent plan that balanced air quality concerns with the ability to enjoy a
traditional beach bonfire;
WHEREAS, the permanent plan provided for 64 fire rings (including four rings
that previously existed at the Newport Dunes) and included adding fire rings to a new
location, relocating fire rings, including a mix of wood - burning and charcoal -only fire
rings, and making access to some fire rings consistent with the Americans with
Disabilities Act ( "ADA ");
WHEREAS, to implement the Coastal Development Permit, the City must modify
the Newport Beach Municipal Code provisions related to the fuels that can be burned in
fire rings; and
WHEREAS, the City has a compelling interest in the health, safety, and welfare
of both residents and visitors and wishes to prevent any use of fire rings that may
negatively affect beachgoers, residents, and the environment.
1
Attachment C
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NOW THEREFORE, the City Council of the City of Newport Beach does ordain
as follows:
Section 1: Section 11.08.060, Chapter 11.08, Title 11, of the Newport Beach
Municipal Code is hereby amended to read as follows:
11.08.060 Use of Beach Fire Rings.
A. No person shall burn, ignite or otherwise set on fire any material in
a fire ring or fire pit, except natural wood, lighter fluid, fire log(s), or
charcoal (collectively "fuel'), unless the person is burning the fuel in
a fire ring or fire pit that has been specifically designated by the City
Manager as a fire ring or fire pit where the designated fuel may be
burned. The City Manager shall designate what fuel may be
burned in fire rings and fire pits in accordance with the Coastal
Development Permit related to the location and use of fire rings.
B. For purposes of this Section, the following terms shall be defined as
follows:
1. "Natural Wood" means the hard fibrous substance consisting
basically of xylem that makes up the greater part of the stems,
branches, and roots of trees and shall not include any material
that has been processed or treated including, but not limited to,
wooden pallets, books, newspapers, furniture, or construction
materials.
2. "Fire Log" means any manufactured log constructed of sawdust;
sawdust and paraffin; or waste fiber from the oil palm.
3. "Charcoal' means a carbon substance obtained as a residue
when wood or other organic matter is heated in the absence of
air.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Section 4: The City Council finds the introduction and approval of this
ordinance is not subject to the California Environmental Quality Act ( "CEQK) because
compliance with AQMD Rule 444 is not subject to CEQA pursuant to Public Resources
2
Attachment C
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Code Section 21080(b)(1) and CEQA Guidelines Section 15268(a) because the City's
proposal to space the fire rings farther apart and convert wood burning rings to
charcoal -only rings is mandated by Rule 444. The City's compliance with Rule 444 is
therefore ministerial. Further, based upon the substantial evidence, the City Council
finds that spacing wood - burning fire rings farther apart and converting wood burning
rings to charcoal -only rings will not cause significant impacts to the environment and
therefore is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
In addition, this ordinance and aspects of the project are exempt pursuant to CEQA
Guidelines Section 15301, Operation, Repair, Maintenance, or Minor Alteration of
Existing Structures or Facilities (Class 1), CEQA Guidelines Section 15302,
Replacement or Reconstruction of Existing Structures or Facilities (Class 2), CEQA
Guidelines Section 15303, New Construction, Installation or Conversion of Small
Structures, Facilities or Equipment (Class 3), CEQA Guidelines Section 15304, Minor
Alterations to Land, Water or Vegetation (Class 4), CEQA Guidelines Section 15305,
Minor Alterations to Land Use Limitations (Class 5), CEQA Guidelines Section 15311,
Construction or Placement of Accessory Structures (Class 11), and CEQA Guidelines
Section 15323, Normal Operations of Existing Facilities for Public Gatherings (Class
23), in that this ordinance and aspects of the project involve the replacement or
reconstruction of existing structures, specifically the fire rings, within what is generally
the same beach footprint, the addition /modification of signage, and minor modifications
to the City's Municipal Code via this ordinance.
Section 5: 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 pursuant to
Charter Section 414, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 23rd day of June 2015, and adopted on the 14th day of July,
2015, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Edward D. Selich
3
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Attachment C
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ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
0
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Attachment C
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1
Brown, Leilani
From:Denys Oberman <dho@obermanassociates.com>
Sent:Wednesday, March 02, 2016 5:36 PM
To:Dixon, Diane; kcurry@newportbeachca.gov; Petros, Tony; kevinmmuldoon@yahoo.com;
Peotter, Scott; Duffield, Duffy; Kiff, Dave
Cc:Brown, Leilani; Scott Robinson; lcurran@me.com; paul@lawfriend.com; 'Fred Levine';
karen_tringali@msn.com; jwatt4@aol.com; Jeanne Price; Mike Henn
Subject:FIRE RINGS- PLEASE DISTRIBUTE TO THE CITY COUNCIL AND ENTER INTO THE
PUBLIC RECORD FOR MARCH 8th COUNCIL SESSION
Mayor and Council Members:
I understand that the Council will be considering a proposal at next week’s Council session to reinstate Fire
rings “at their locations which existed prior to 2013”.
As the staff report is not out, and I am out of town and unable to participate next week, I and other neighbors
cannot ascertain the specifics of the recommendation at this time. However, we are gravely concerned that
there may be Reintroduction of additional Wood burning rings, or the expansion of any number of wood
burning rings further into areas close to residential zones, or areas frequented by children or seniors. This
would be a position adverse to Public health and safety.
To quote one of the Coastal Commissioners: “ The Science is in, there is no debate. Wood smoke is an
established Carcinogen”
We respectfully request that the Council recollect the public’s voice to remain a healthy smoke‐free
community, and not move to approve any proposal which increases the number of Wood‐burning rings, or
moves against the guidance of SC AQMD.
Thank you for your consideration,
Denys Oberman
Community stakeholder and resident
………………………………………….
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@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
ATTACHMENT D
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