HomeMy WebLinkAbout01 - MinutesAgenda Item # 1
March 27, 2012
City of Newport Beach
City Council Minutes
March 13, 2012
by Council, and stated that this is a patriotic issue, not a religious one.
Bob Kinton invited Council to attend the annual Champion of Children event at the Whittier Law
School on March 29, 2012 at 5:30 p.m. which will be hosted by the Blue Ribbon Society, reported
that the Blue Ribbon Society is a fund - raising campaign for the Child Abuse Prevention Center of
Orange County, provided a history of the society, and encouraged Council to attend,
7� Jim Mosher commented on the FPPC petition joined by the Council at the previouerTmeeting and
questioned the related contract with the law firm of Rutan and Tucker. He believed thsCthe contract
was issued without time limit, dollar limit, or the Charter- required oversight by the�CiLvllanager or
Council.
City Attorney Harp. reported that the contracts comply with the City Charter and States law, explained
that legal services are attained through a master agreement with a subsequentiette, asking for the
scope of services that sets a dollar limit on services, and added that a. report \is "pirovided'to Council
each quarter on what is spent on each City contract.
,
XV. ORAL REPORTS FROM ('1TV (` 11TV PTT nNT rinr,rAKT�,, ;.
Council Member Rosansky reported that he participated in I'outhlin Government Day.
Mayor Gardner reported that the Coastal Bay WaEez Quality Committee recently had a presentation
on green streets and stated that she was pleased tAear that staff is incorporating some of the plans
into City projects.
XVL PUBLIC HEARINGS ,
13, ANNUAL REVIEW OF THE `F, LETCHER JONES MOTORCARS DEVELOPMENT
AGREEMENT (PA2009 -052) (,G3067). [38/100 -2012]
Assistant Planner Nueno provl&d' a review of the Fletcher Jones Motorcars Development
Agreement addressing slength-Of`operations, location, previous consideration by Council. She
discussed the resolution of previous complaints regarding lighting, parking, and
recommendations.
Council Member. Daigle expressed her appreciation to Fletcher Jones Motorcars for being a
steady source ofrrevenue for the City.
Mayor Gardner opened the public hearing.
Jim Mosher referenced concessions made in return for promises from Fletcher Jones to open a
Mercedes dealership. In response to his question, Assistant Planner Nueno reported
that Fletcher Jones has an encroachment permit with the City to use ayvie Way.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Mayor Pro Tem Curry, seconded by Council Member Hill to a) find that the
applicant. has demonstrated good faith compliance with the terms of the Development
Agreement; and b) receive and file the Annual Report of the Development Agreement for
Fletcher Jones Motorcars.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
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March 13, 2012
Council Member 9elich, Council Member Henn, Council Member Daigle
14. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 AND
1602 EAST COAST HIGHWAY (C-5068).[381100-20121
Principal Planner Campbell presented details of the report addressing previous consideration
by Council and approval of a portion of the Golf Realty Fund (GRF) application, addressed
subsequent actions including continuance from the City Council meeting of! .February 28,
2012, presented the proposed alternative site plan, discussed the approved vested"aite, plan for
the Newport Beach Country Club (NBCC), Inc. and concerns regarding the:'approval,,of two
different site plans for the same piece of property, presented a proposed condition of approval
should Council choose to go forward with the alternative site plan, referenced�ths,tennis club
and golf club site approval of the alternative site plan, and rioted that;;ibe..r'eeolution would
reaffirm the tennis club site approval and approve the alternative site plan:,
City Attorney Harp reported that the approved application sought vested rights and staff did
not want conflicts in the development agreement over vested f7ghts noted that staff has revised
the development agreement so that Golf Realty will no;lo_nger,lave',yested rights to that portion
of the property, stated that staff recently received a (EQA lawsuit from the Friends of Good
Planning, expressed concerns that the smaller project is better; for the environment and might
be an issue argued by the plaintiff's that approval of the, ;g •oject might be seen as approving
something that had less of an impact on'the environment, noted that both projects were
analyzed through the Mitigated Negative Declaration process which determined that they were
Mitigated to be below a level of significance, and recommended that Council not approve the
alternative site plan.
Robert O. Hill, Golf Realty Funei;,reported thatae has worked diligently and in good faith with
staff to develop an acceptable solution, expressed support for the recommendations as set forth
in the agenda report, asked that 'Gouneil.;approve an alternative for maximum flexibility for
IBC's future owner, referred to the, CEQA lawsuit, and presented assurance that his
organization is not supportive- of?it. -
In response to Mayor P o Tem',durry's inquiry, Mr. Hill reiterated that he is not supportive or
in any way sponsoring the -CEQA lawsuit. 1. Shawna Schafner;, CAA `Planning on behalf of Newport Beach Country Club, expressed concerns
with the alternative site plan, urged Council to deny it, noted that approval of the alternate site
plan could jeopardize' the approval that the City has already issued for NBCC which would
cause confusion with the Coastal Commission, added that Golf Realty Fund's Development
Agreement has been revised to remove the golf club house, believed that the alternative site
plan does not-work when compared to industry standards, discussed support for the NBCC plan
from various residents and from the Toshiba Tournament leadership, and indicated that what
has already been adopted for the golf club site provides the flexibility that the applicant is
seeking.
Mike Recupero, representing half of the ownership of GRF, agreed with City Attorney
Harp's analysis, requested that Council deny the alternative site plan. pointed out a possible
mistake in the resolution noting the entitlement went forward without the consent of his clients
who own half of the property, believed that permits could not be pulled without the owners'
consent, requested that the resolution specify that an approval of the Coastal Commission
and owners are required.
Tim Paone, GRF, explained the reason for wanting an alternative plan, asked Council to create
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March 13, 2012
greater flexibility for the next owner of IBC, stated that he disagreed with comments relative to
not being able to build for 55 years, and requested approval of the alternative plan.
Assistant City Attorney Mulvihill reported that the issue regarding who is allowed to pull
building permits is addressed by staff in the PC text and read the applicable section, stated
that Mr. Recupero would like the language included in the resolution although staff does not
think it is necessary, noted the inclusion of a definition of "property owner" identifying Mr. Hill
as the managing property owner, and addressed Mr. Recupero's request that "property owner"
be defined as all owners of the property.
Hearing no further testimony, Mayor Gardner closed the public hearing. `
Council Member Henn expressed agreement with staffs views relative to,havngtwo site plans
for the same property and expressed preference of the plan that Council has alreadylapproved.
Motion by Council Member Henn seconded by Mavor Pro Tem Curry to a) Introduce
Ordinance No. 201.2 -2 approving Planned Community.neyeloj)ment Plan Amendment No.
PC2005.002 to adopt the development standards for the development on the Tennis Club site,
and pass to second reading for adoption on March 27, I- 012; b), reconfirm the January 24, 2012,
approval of Site Development Review No. SD2011- 002'b'y.ResoluCion No. 2012 -10 for 1602 East
Coast Highway: and c) introduce Ordinance No. 2012-3' gpprov ng Development Agreement No.
DA2008 -001, and pass to second reading for adoption on Mareh427, 2012.
Assistant City Attorney Mulvihill stated that it is!elear that the current zoning code requires all
owners of the property to sign the approval Application with the exception of financial
institutions holding mortgages and stated tlat ,the City's concern is ensuring that building
permits are pulled by property owners.
Council Member Selich referenced the development agreement relative to the need to remove
the reference to $10/square foot,fog_constructum of the proposed golf club house.
The motion carried by the followimg,'roll'call vote:
Ayes: Council Member Hill„ Council Member Rosansky, Mayor Pro Tem Curry, Council Member
Selich, Council Member Henn, Council Member Daigle
Noes: Mayor Gardner
XVII. CURRENT BUSINES
15. APPOINTMENTS TO FILL THE VACANCIES ON THE HARBOR COMMISSION AND
PLANNING COMMISSION. (381100 -2012)
Phu -1 Lugar spoke on behalf of Tim Brown, one of the nominees, and expressed full support for
him.
'Council voted on whether the Planning Commission appointment should expire on June 30,
2012 or June 30, 2016.
e000uueu oy uouncrr Member Selich to extend
the term for the new Planning Commissioner to June 30, 2016, as permitted by City Council
Policy A -2.
The motion carried by the following roll call vote:
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City Council Minutes
March 13, 2012
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich. Council Member Henn, Council Member Daigle
City Council utilized paper ballots to vote for one member on the Harbor Commission and one
member for the Planning Commission.
City Clerk Brown read the following votes for the Harbor Commission:
Chandler Bell - Council Member Selich, Council Member Henn, Mayor Pro Tem Curry
Dave Girling - Council Member Hill; Council Member Rosansky, Council Member Daigle,
Mayor Gardner
City Clerk Brown announced that Dave Girling is the newest member to the Harbor
Commission for a term that expires on June 30, 2013
City Clerk Brown read the following votes for the Planning Commission:,
Tim Brown - Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Gardner A
Steven Coyne - Council Member Selich, Council Member Henn, Cotmcil Member Daigle
City Clerk Brown announced that Tim Brown is the newest member to the Planning
Commission for a term that expires on June 30, !2016.
16. BALBOA AND CORONA DEL MAR FIRE RINGS. [100 -2012]
Recreation and Senior Services Director, De'tweiler provided a PowerPoint presentation noting
that staff is seeking Council's direction regarding the removal of all fie rings located on Balboa
and Corona del Mar beaches Sheaddres§ed consideration and action by the Parks, Beaches,
and Recreation Commission (PB &R), health concerns, public testimony, possible solutions
considered by PB &R, location o €''the'fire rings, staff report documents, and recommendations
In response to Mayor Gardhei's.question, Recreation and Senior Services Director Detweiler
noted that studies were conducted regarding air quality issues and installation of gas fire rings.
Frank Peters provided a PowerPoint presentation addressing the experience enjoyed by users,
reported that clean wood is found to be toxic when burned, addressed the consequences of long-
term exposure, and requested that Council vote to remove the fire rings.
Ryan Kline M.D., Chief of Pulmonary Medicine at Hoag Hospital, spoke on the clangers of
smoke, expressed concerns that open -air fires are still allowed, addressed accidental burn
injuries, and offered to respond to questions to help Council reach a decision.
Charles Farrell commented on the negative impacts of smoke, soot, and smells from the fire
rings. He declared that he is a victim of slow asphyxiation, addressed changes in the law
relative to smoking in restaurants, believed that residents of the City should establish the
rides, and encouraged Council to approve the removal of fire rings.
Wes Hatsfield commented on the negative impacts of smoke, noted that burning 10 pounds of
wood produces the same amount of smoke and carcinogens as 4,300 cigarettes, calculated the
equivalency when all fire rings are used, and referenced the no- smoking ordinance.
Sandra troop stated that the fire rings were installed for the enjoyment of residents and non.
residents, suggested a compromise by limiting the hours of operation, asked staff to find
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March 13, 2012
products that are safer to burn, and believed that the fire rings provide a great family and
community experience.'
Kate Svendsen read a letter from Ms. Mellum addressing the harmful effects of wood smoke
and noted that the Americans with Disabilities Act (ADA) guarantees that cities will remove all
barriers that prevent access to public spaces.
Sally Sole commented on how her family has enjoyed the fire rings through the years, stated
that the ocean breeze blows away 80 "% of the fumes, and suggested that Council regulate the
use of the fire rings without completely removing them.
Charlotte Stephens stated that she has fond memories of great times at tha; beach, indicated
that she understood concerns regarding the loss of revenues, and expressed support for
completely removing the fire rings.
Sophia and Vanessa Koop commented on how they enjoy the fire rings and believed that they
should not be removed.
Marcia Young addressed the negative impacts of the fire rings:'to her'family's health and asked
Council to consider the evidence against breathing wiod,snioke when making their decision.
Harrold Parker stated that Council has a responsibility of removing the fire rings on behalf of
humanity and addressed the increased toxicity 4 wood smoke.
Karen James expressed concerns with increased risk of burns and other dangers, urged Council
to approve the removal of fire rings for the safety of the general public and beach - goers; and
reported that when Council banned smoking iri beaches, it made a big difference.
Jill Berteya expressed concerns with the soot in the air, on the sand, and in the water caused by
the use of the fire rings. She believed that the health and safety of the public far outweigh the
benefits of the fire rings.
Bob Koop noted that the beach is a public place for the enjoyment of the public, stated
that there are manymilea,of beaches where people who don't want to be near the smoke can go,
and suggested that Council come up with a reasonable solution rather than removing the fire
rings completely.
Walter Hahicourst urged Council to keep the fire rings, suggested that the City increase
penalties and fines for people who don t follow the rules, and urged Council to consider
alternative.,options rather than completely removing the £u•e rings.
Deborah Jeffs read a letter to Council noting the amount of scientific evidence against
breathing wood smoke, indicated that her mother would increasingly suffer through asthma
attacks when she visited, expressed concerns about the health of neighbors, and encouraged
Council to direct staff to remove all fire rings in the City.
Kathy Hamilton acknowledged her memories associated with the use of fire rings, referenced
the City's implementation of the AQMD's rude regarding the prevention of wood - burning
fireplaces and pits in new or remodeled homes, noted that wood smoke is the most harmful
particle because of its size. stated that people who visit or live near the beach are exposing
themselves to physical dangers, and referenced the extensive scientific evidence showing the
dangers of wood - burning smoke.
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March 13, 2012
Laura Curtis commented on using fire rings for several events and celebrations by her family
and friends, spoke in support of keeping the rings, suggested that Council assign a ParkRanger
after dusk and on weekends, indicated that a reservation system should be established,
believed that there is a need for research -based studies, and asked Council to further study the
item carefully.'
Suzanne Sandmeier commented on the attraction of having a clean and clear beach, addressed
comments by a PB &R Commissioner regarding the loss of parking revenue, referenced findings
of the AQM.D, and noted that smoke goes inland at night, not out into the ocean. '
Nancy French agreed that smoke and soot goes inland at night, wondered who would monitor,
indicated that there are a lot of activities to be enjoyed at the beach that are notTlelated to the
use of fire, and that there are fiscal responsibilities with potential lawsuits,
George Schroder believed that there are good arguments on both sides, commented on changing
laws, noted that people who want to use fire rings can do so at. -the Huntington Beach State
Beach where they are not near'homes, and expressed support -for removal of the fire rings.
Warren James reminded Council of their commitment to protset the City and its residents and
asked that they do so by approving the removal of the fu+e; ings.
Michael Orfice spoke in favor of keeping the fire rings and related his experiences with them as
he grew up in the area.
Roger McEnan expressed opposition to keeping the fire rings.
Roy Englebrecht stated that health issues -are the most important considerations of this item,
pointed out that many of the studies presented to the PB &R Commission dealt with burning
wood in confined spaces, noted that health issues are caused by fossil fuel emissions, suggested
that staff contact Geo -Tech regarding the availability of equipment that would monitor air
quality from wood - burning smoke,'�and presented various options including a reservation
system which would generate revenue for a full -time ranger and additional police monitoring.
Dr. Jack Larsen reported that burning embers have reached his yard and patio and believed
that related health issues are a major problem with fire ring use.
John Hamilton expressed support for removing the fire rings, addressed studies by various
groups, and stressed that no individual or group has the right to subject anyone to a situation
or environment that has been proven to be dangerous.
Mary Ganiere reported that during the summer, the winds carry smoke and soot to her house
and'her smoke detectors go off regularly.
Phil Lugar, Chair of the PB &R Commission, spoke in favor of removing all of the fire rings.
Mayor Gardner thanked everyone who provided comments.
In response to Council Member Henn's question, Recreation and Senior Services
Director Detweilm• reported that the fire rings were installed in the 1960's.
Motion by Council Member Henn seconded by Mayor Pro Tom Curry to direct staff to
areas.
take the necessary steps to remove the sixty (60) fire rings at Big Corona and the Balboa Pier
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March 13, 2012
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner.
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - 9:20 p.m
The agenda for the Regular Meeting was posted on March 8, 2012, at 3:40 p.m.'on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
The amended agenda for the Regular Meeting was posted on March 9, 2012. at 2:40 'p.m. on
the City Hall Bulletin Board Iocated outside of the City of Newport Beach`Ad'ministration
Building.
City Clerk
Recording Secretary
Mayor
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Agenda Item 111
March 27, 2012
P• q ' � P 1 � �1 ��I I `� "�D � �i ��( , 9
L °t � � i ♦ L ���i S � .I
City Council Minutes
City Council Study Session
March 13, 2012 — 4:00 p.m.
I. ROLL CALL - 2:00 p.m.
Present: Council Member Hill, Council Member Rosansky,
Curry, Mayor Gardner, Council Member Selich
Excused: Council Member Daigle
II. PUBLIC COMMENTS -None
City Council adjourned to Closed Session at 2
III. CLOSED SESSION - 2:00 p.m.
A. CONFERENCE WITH LEGAL COUN S�EL -
54956.9(a)): Three matters:
Henn, Mayor Pro Tem
TION (Government Code §
1. Morningside Recovery, LLC, et ali` City offN- 4f port Beach
Orange County Superior Court No. 30 -2011- 00505900 -CU, WM -CJC
2. City of Newport Beach v Dennis LeeiHolland
Orange County- " p_ ion�Court Case No. 340 -2011- 00486864 -CU -MC -CJC
3. Friends_fQJF ,Good 'Planning vsGityyoVNewport Beach (Real Parties in Interest:
Newport Be h Counfty�y ;Club, Inc. and International Bay Company)
,Orange County Siipenor IAUTt Case No. 30- 2012 - 00550274
B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT
EXPOSURE TO LITIGATION (Government Code § 54956.9(b)) 1 potential case
,. 1.
C. CONFERENCE"�WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION
OF LITIGATION'(Gov ;J cement Code § 54956.9(c)): 2 potential cases
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City
Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and
Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association
(NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA);
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City of Newport Beach
City Council Study Session
March 13, 2012
Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach
Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League
(LABEL); and Newport Beach Part -Time Unit (UPEC, Local 777)
I. ROLL CALL - 4:00 a.m.
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
V. CLOSED SESSION REPORT - None
VI. CURRENT BUSINESS
1. COUNCIL TO SHOW APPRECIATION TO FERN PIRKLE AND,7,OTHERS FOR THEIR
WORK AS "FRIENDS OF THE IRVINE COAST." _-
Mayor Gardner listed the accomplishments and achievements of Fern PiAd and others. She
-addressed the goals of the organization, discussed the completion of their
mission, and presented Ms. Pirkle with a proclaii atron in appreciation for her work.
Fern Pirkle expressed her gratitude for the opportunityto serve the City.
2. CLARIFICATION OF ITEMS ON
3.
Regarding Item #4 (Peninsula Point Alley I
a recent presentation on -green streets" ar
the Green Building Task Force to make strE
response to her que tion, Deputy Public V1
will be used on or}`o4 the alleys, noted that
that the alleys are being poured in one un
not being used for
acemerit)`Mayoi,Gardner stated that there was
�ted that recommendations have been made by
;reener with the use of permeable pavement. In
a Director Webb reported that sand infiltration
entire alley has not been looked at yet, reported
n pour, and stated that permeable pavement is
City�Manager Kiff provided a Povvtr.Point presentation addressing the purpose, responsibilities,
and goals of the Tidelands Management Committee and the Ad Hoc Committee on Harbor
ChargeszHe discussed the Tidelands, presented an outline of the work plan for the Committee
on Harbor Charges, addressed adjustments made, highlighted examples of commercial marinas,
listed the largest 15 commercial pier permittees, added that permit holders currently rent a
section of tidelands viata one -year permit, discussed the rate per square foot, indicated that the
proposed new rent structure is based on 20% of gross income or on a base minimum rent of
$1.20 per square foot whichever is greater, addressed moving from one -year permits to longer -
term leases, reported that the proposal includes phasing the increases over three years, and
discussed the lease negotiation process.
In response to Council Member Daigle's question, City Manager Kiff addressed the pros
and cons of changing from one -year permits to longer -term leases.
Gary Pickett, CFO for Ardell Marina, commented on the uniqueness of Newport Harbor and the
actions of commercial marina operators in their efforts to run the marina. He believed that the
City's proposal does not consider the investments made by commercial marina operators, listed
perceived flaws in the proposed lease agreements, reported that they are willing to work with
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City Council Study Session
March 13, 2012
the City on an agreement that is fair to each party, stated that the City's proposal should be
based on fair- market value, addressed the increase in fees with the proposed terms, stated that
the City has not followed a proper process to establish the value of the tideland's use, noted that
the operators are requesting information that supports the proposed increases, and listed the
negative effects on the marina if the proposed plan is approved.
Dan Purcell thanked Council for addressing this issue.
John Vallely provided a brief history of his family's experience as waterfront property owners,
listed actions taken in developing the property, believed that it is:'the federal government's
responsibility to dredge the harbor, and expressed concern that" this is an effort by the
government to take away property rights. ,-
. i
John Curci, Managing Owner of Lido Yacht Anchorage,
to Council listing his concerns, noted his continued of
property, believed that private ownership of the upha
private /public relationship with the City, acknowledge(
but disagreed with the process used to determ ne 1
agreement, provided the negative impacts to marina op
asked for additional time to develop favorable`r'esoluou
Mike Thompson, representative to the two sports fislia
harbor, indicated that it will be difficult for marina,
increases, and stated that he believedthat,the City will
Norman Rest, Lido Sailing Club, reported that 1
at his own expense, and expressed opposition to
Bob McAffrey spoke in�dppog'ition to the prppose8 plan.
Seienced,a letter dated March 7, 2012
Cs in maintaining and improving his
needs to lie recognized as a unique
he need to increase the tidelands fees
fees,addressedNhe proposed lease
Aors /owners of the p opposed plan, and
for all of the parties. \y
and whale - watching businesses in the
perators /owners to pay the proposed
\?double dipping ".
seawall, provided other improvements
Bud Reveley inqui%d as to the ownership of�the property the City is proposing to lease. City
Manager Kiff stated =that the; State has assigned the land to the City and clarified that the State
will not collect any fee' s• J `' - Al
In response- `to'Mayor Gardneis que`stio'ns, Council Member Selich stated that the
seaw 11 improvementsNmade •ii;ere for the benefit of the uplands. City Manager Kiff stated
Newport Harbor is unique and i ted that if the properties were to be appraised, they would be
assigned at a higher rate of 2M /a °gr more if the same entity owned the uplands and the
tidelands. Council Membei Selich added that the rental percentage of the Balboa Bay Club is
30% because the City controls the uplands and tideland.
., 1J
Mayor Pro ten. Curry thanked his Council colleagues who served on the Tidelands Committee,
noted that everyone acknowledges the need to raise fees, stated that he is sensitive to the issues
raised, suggeste&*' ing time to have additional public hearing sessions to allow the harbor
community to participate, expressed concerns about the economics and the possibility of the
government being involved in people's business, and expressed interest in sending the item
back to the Tidelands Committee for additional discussions with user groups.
In response to Council Member Hill's concerns, City Manager Kiff affirmed that the activity of
the tidelands fund is reported annually and reported that the tidelands include the harbor and
ocean beaches. Regarding the federal government's responsibilities, he noted that the City has
a federal lobbyist that is trying to get monies for the Lower Bay project and added that it was
this Council that first put money in the budget for the Lower Bay project.
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March 13, 2012
Council Member Hill believed that the proposed 20% of gross income fee is could be a burden for
businesses, stated that he would-like to see the difference between what is currently being paid
and the 20% of gross income, and noted that he would like to review the appraisal process that
is being used.
Council Member Daigle acknowledged frustration regarding the government and believed
that the approach needs to be explored. She agreed with needing more time to work with user
groups, believed that the'value of the uplands needs to be considered in the calculations, stated
that for the last 70 years the harbor has not been maintained by the federal government but by
the self - 'starters in the community, and suggested that the City work; °;with the community and
user groups. ,1I
Mayor Gardner acknowledged the need for additional
Council Member Selich commented on the appraisal
choice, and noted that the City's goal is not to raise r
under the State Tidelands Act.t
Mayor Gardner reported that there will be more t' ime
City Manager Kiff thanked members of the pubhc fur
Council Member Henn suggested
4. REVISION OF STATE'S VERY HIGH
FOR THE CITY OF NEWPORT BEAC
Mayor Pro Tem Cmvy recused himself
Severity Zone. l{
Fire Chief Poster
schedule
RE
input and consideration.
tated,that 20% was not a random
but rather to meet its obligations
future for public
their comments and email
meeting as soon as possible.
ZONE (VHFHSZ) MAP
lives in one of the City's Very High Fire Hazard
to explain possible fire- related hazards in
Newport Beach }"discuss b rent me-£ire mitigation, present examples of local fires, note
that vvegefation nd} teep dopes carry a fire quickly toward homes, reporte on the current
situation and determi ation o Thigh- hazard areas, provide solutions including defensible space,
p &ent examples of tkeil'uel Modification zones, identify the high- hazard zones in Newport
G ast„ explain that the Rees in the high- hazard zones were built according to Orange County
Fire Aiitho- rity (OCFA) standards, present a Cal Fire Very High Fire Hazard Severity Zone Map
generate&-by the State, report that some of the areas identified by the State did not measure
correctly e'ative to wind velocity, present staffs recommendation to adjust the State map,
identify fire'' rridor areas as well as topography issues, address concerns voiced by
homeowners, note thatfuel modification zones already exist, explain that changes in the High -
11r
Hazard zone will require changes in building construction, report that homes inside the fuel
r..
modification zone perimeter do not have increased building standards, and add that homes in
the High - Hazard zone that are newly modified at over 50% will need to abide by OCFA
standards. He noted that once the City's Fire Department develops findings an official report
and map will be presented to Council for consideration and approval and stated that the report
will be presented to the State after receiving Council's approval.
Council Member Daigle expressed her appreciation to Fire Chief Poster for his efforts.
In response to Council Member Henn's questions, Fire Chief Poster reported that
measurements have not been made regarding the impact on homes in Newport Beach with the
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City Council Study Session
March 13, 2012
newly modified map; however, he noted that if a home abuts vegetation and is at a slope, the
homeowner will need 'to take action. He reiterated that most of the areas already
have modification zones in place.
Mayor Gardner expressed her appreciation to Fire Chief Poster and his department for the
work.
City Attorney Harp noted that if Council approves the modified map, Council's decision is not
rebuttable by the State.
Jamie Star agreed with the comments made by Fire Chief
shake shingles, noted that houses burn from the inside
various area fires, and expressed the importance of protect
VII. PUBLIC COMMENTS
Regarding Closed Session Item D, Jim Mosher
Management employees.
Jamie Star addressed Council regarding fire ringsNitrBi
adjourn a meeting early so that they can drive to Corona
experience every week during summer, reported that the•
notice in the area because of the increaseCin� car break ins
relocating the fire rings to Crystal Cove wlier°e� there are I
that the City install a gate at the Big Corona entr mce,
should be considered for the area, and claimed`that beach of
VIII. ADJOURNMENT -The
The agenda for the
Bulletin Board loco
City Clerk
added that embers get under
rated her experiences during
whole area.
MOU's for the,Police and Police
Corona Beach, suggested that Council
del Mar and experience what residents
Police Department posted a crime alert
and,,robberies, urged Council to consider
ire miles of unused beaches, suggested
elievel' that residential parking permits
,rs, do not• "end money in the City.
adjourned bWck into Closed Session at 5:40 p.m.
was posted'-6n March 8, 2012, at 5:20 p.m. on the City Hall
the City of Wwport Beach Administration Building.
Recording Secretary
Mayor
Volume 60 - Page 397
City Council Minutes
City Council Regular Meeting
March 13, 2012 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:45 p.m.
A. CONFERENCE WITH LEGAL COUNSEL -
54956.9(a)): Three matters:
1. Morningside Recovery, LLC, et at u C
Orange County Superior Court Case No.
2. City of Newport Beach v Dennis Lee
Orange County Superior Court C e,N(
3. Friends for Good Planning o C
Newport Beach Country Club, In4
Orange County Superior Court Case
B. CONFERENCE
EXPOSURE TO
C. CONFERENCE7�WITH LEGAli CGUINI
OF LITIG2IIOIV'( overnuent Code §
D. CONFERENCE WITH
Agency- Designated
City Manager; Terri
Counsel and d Negotiat
9111KIN
li � wi fl '1 ' IF
(Government Code §
Beach
100- CU- WM -CJC
rt Bedchti(Real Parties in Interest.-
iGonal Bay Company)
[ PATED LITIGATION - SIGNIFICANT
§ 54956.9(b)): 1 potential case
IPATED LITIGATION - INITIATION
2 potential cases
(Government Code § 54957.6)
entatives: Dave Kiff, City Manager; Dana Smith, Assistant
, Human Resources Director; and Richard Kreisler, Special
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police
Management Association (PMA); Police Employees' Association (PEA); City Employees
Association (NBCEA); Newport Beach Professional & Technical Employees Association
(NBPTEA); Newport Beach Employees League (LABEL); and Newport Beach Part -Time Unit
(UPEC, Local 777)
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City of Newport Beach
City Council Minutes
March 13, 2012
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp reported that there was no Closed Session
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Reverend Robert Jordan Ross,
DC PRESENTATION
Arbor Day - Rotary Club of Newport,-Balboa
President, reported that they have been se` ng,the
community service program by giving seed gsw (
located within the Newport -Mesa Unified School
Council for their support, and provided the Ro'&ry's
National Mayor's Challeng r Water Conner
Foundation, thanked Council for t ir participatii
environment, noted that the fo nndation provides
conservation, provided details about the program,
t -> r
City will host a kick-off even t<on PIII'n. rch 30;2012, ar
/`4
/"
- Bill Hbssfeld, Rotary Club of Newport- Balboa
community eince 1939, noted that they began the
call third graders in private and public schools
Di3tsict in cel`eOxation of Arbor Day, thanked
motto'�,
,iation - Steve Creech, President of the Wyland
n, commended the City's efforts to promote the
:incentives for residents to learn about water
\listed partnering agencies, announced that the
dencouraeed residents to attend.
Mayor Pro Tem Curry reported that'Ithe Toshiba Tournament will be held this week in Newport Beach,
encouraged residents to atte yreported that on March 15, 2012, the Annual Orange Coast Mayor's
Breakfast will take place where Iyfwill represent the City, and commented on the Long Beach Forty - Niners'
participation in the State Tournament.
Council Member Daigle stated that the California Public Employee Retirement System Board will consider
revising their rate of return on funds resulting in unfunded liabilities for cities, reported that every City and
agency in California that contracts with PERS, expressed hope that they will "make a vote for reality ", and
announced that she attended the Little League Opening Day.
Council Member Henn announced that the Balboa Village Citizens' Advisory Panel will meet on March 20,
2012 in 4:00 p.m. in the Nautical Museum where they will discuss parking regulations and governance for
the Village. He also announced that the Tidelands Committee will meet on March 21, 2012 at 4:00 p.m. at
Volume 60 - Page 399
City of Newport Beach
City Council Minutes
March 13, 2012
the Oasis Senior Center where discussion will take place regarding the Tidelands Infrastructure Master
Plan and prioritization.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE REGULAR MEETING OF FEBRUARY 28, 2012. [100 -20121
Waive reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS., j, Vaive reading in full of all
ordinances and resolutions under consideration, and direct.lthe City Clerk to read by title
only.
B. RESOLUTION FOR ADOPTION f
:f
3. ADOPT RESOLUTION FOR THE INSTALLATION OF A STOP S16N ON HAZEL
DRIVE AT PROPERTY AVENUE. [100 2012) Adopt Resolution No. 2412 -23 For the
installation of a STOP sign on Hazel Drive at'P,o_ppy Avenue.
C. CONTRACTS AND AGREEMENTS
4. PENINSULA POINT ALLEY REPI
1381100 -2012] a) Approve the project
4627 to Hillcrest Contacting for the
Mayor and the City`Llerlc to exec
$242,665.00 (150/,00) to cover the cost of
gutter not included in the3original con
NT AWARD OF CONTRACT NO. 4627.
and specifccations; b) award Contract No.
price oQ%-1,617,335.00, and authorize the
contract; and c) establish an amount of
!n work and anticipated additional curb and
5. STREETLIGHT —IMPROVEMENT PROJECT FOR 2011 -2012 - AWARD OF
CONTRACT— NO. 4822. [38 00= 20121? a) Approve the project drawings and
specifications; b),a'ffirm the rejection of the low bid received from Pro Tech Engineering
Ourporation as n n- responsible through the adoption of Resolution No. 2012 -24; c) award
N Contract No. 4822�L\Unique I'erformance Construction, Inc. for the total bid price of
'V2Z.3,840.00, and authorize the `NIayor and the City Clerk to execute the contract; and d)
establish a contingen } of $28,000.00 (approximately 10 %) to cover the cost of unforeseen
work. � - -v, V
6. VARIOUS STORWDRAIN IMPROVEMENT - AWARD OF CONTRACT NO. 4966.
[381100 -20121 a);,eApprove the project drawings and specifications; b) declare RY
Engineering Works, Inc. (RYE) as the lowest responsible bidder; c) award Contract No.
4966 to RYE for the total bid price of $186,012.50, and authorize the Mayor and the City
Clerk to execute the contract; and d) establish a contingency of $27,900.00 (approximately
15 %) to cover the cost of unforeseen work.
7.
BULKHEAD AND SEAWALL REPAIRS - AWARD OF CONTRACT NO. 4897.
[381100 -20121 a) Approve the project drawings and specifications; b) award Contract No.
4897 to Surfside Restoration and Waterproofing, Inc. ( Surfside) for the total bid price of
$141,300.00, and authorize the Mayor and the City Clerk to execute the contract; and c)
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City of Newport Beach
City Council Minutes
March 13, 2012
establish a contingency of $35,200.00 (approximately 25 %) to cover the cost of unforeseen
work and pay for additional crack repair.
D. MISCELLANEOUS
8. PLANNING COMMISSION AGENDA FOR MARCH 8, 2012. [100 -2012] Receive and
file.
9. GENERAL PLAN ANNUAL STATUS REPORT INCLUDING HOUSING ELEMENT
REPORT (PA2007 -195). [100 -2012] Receive and file.
10. ORANGE COUNTY WATER AND WASTEWATERfMULTI- HAZARD MITIGATION
(HAZMIT) PLAN UPDATE. [100 -2012] Staff �;ecommendsQ#1at Council approve the
draft 2012 Orange County Regional Water and Wastewater Muhi,Hazard Mitigation Plan
Update, subject to incorporation of comments, if any, by the�California Emergency
Management Agency (CEMA) and the Federal EmJergency Managemek Agency (FEMA)
upon completion of their review. t
11. APPOINTMENTS TO THE AVIATION - GQMMITTEE. [100 -2012] Confirm Council
Member Leslie Daigle's appointment of Tom Meng as the District 4 representative to the
Aviation Committee; and b) ex'-tcnd the deadlinERb, 4:00 p.m. on Thursday, March 22,
2012.
12. CORONA DEL MAR STATE BEACH CONCESSIONAIRE AGREEMENT (C-5088).
[381100 -2012] a) Sele`t Rooster Cafe at Cd1i$ as the concessionaire for Corona del Mar
State Beach; andr)2authorize the�Mayor and City Clerk to execute the Concession
Agreement. fl 0 r
Regarding Item No. 5,
rejection of a low bid r4
Consent C- alendar; and noting
The mot�i n,carried by the foll
Ayes: Council'�Member Hill,
Council Me iiber Selich,
XIII.
XIV. PUBLIC COMMENTS
Kiff reported that a resolution should be adopted relative to the
o Tech Engineering Corporation.
onded by Council Member Rosansky to approve the
of Resolution No. 2012 -24 relative to Item 5.
roll
Member Rosansky, Mayor Pro Tom Curry, Mayor Gardner,
Member Henn, Council Member Daigle
- None
Dan Purcell commended Council for their hard work, expressed support for the Youth Council, and
expressed concern about the lack of participation by staff liaison to the Youth Council this year, and
hoped that staff will take a more active role next year.
John Carr, Southern California Representative Volunteer for In God We Trust America, reported
that their mission is to promote patriotism, addressed the formation and re- affirmation of the "In God
We Trust" motto, requested that the item to be heard at a future meeting with a subsequent approval
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City of Newport Beach
City Council Minutes
March 13, 2012
XV.
by Council, and stated that this is a patriotic issue, not a religious one.
Bob Kinton invited Council to attend the annual Champion of Children event at the Whittier Law
School on March 29, 2012 at 5:30 p.m. which will be hosted by the Blue Ribbon Society, reported
that the Blue Ribbon Society is a fund- raising campaign for the Child Abuse Prevention Center of
Orange County, provided a history of the society, and encouraged Council to attend.
In response to Jim Mosher's questions, City Attorney Harp reported that the contracts comply with
the City Charter and State law, explained that legal services are attained through a master
agreement with a subsequent letter asking for the scope of services that sets a dollar limit on
services, and added that a report is provided to Council each quarter onwhat is spent on each City
contract.!
Council Member Rosansky reported that he participated in,houth in
Mayor Gardner reported that the Coastal Bay Water fruality Commi
on green streets and stated that she was pleased to'hearff is
into City projects. ,Hear at0sta
XVI. PUBLIC HEARINGS
13. ANNUAL REVIEW OF THE FLETCHER JONES
AGREEMENT (PA2009 -052) (C- 3067)'i[38/100 2.012]
Day.
a presentation
ie of the plans
DEVELOPMENT
Assistant Planner Nueno„ provided a review ofthe Fletcher Jones Motorcars Development
Agreement addressing�:IQEh of operations. location, previous consideration by Council. She
discussed the rgsolution of previous{ complaints regarding lighting, parking, and
Council Member Daigle exgTess_ed her appreciation to Fletcher Jones Motorcars for being a
steady source of r_venue4for the GitS`M "_��S
Motion by Mavor P.ro Tem,Currv, seconded by Council Member Hill to a) find that the
�g '_
applicant has demonstrated good faith compliance with the terms of the Development
t�gr'.eement; and b) receive and !file, the Annual Report of the Development Agreement for
Fletcher Jones Motorcars5 `'
Mayor Gardner opened {the public hearing.
i
Jim Mosher ref ienced,concessions made in return for promises from Fletcher Jones to open a
Mercedes dealefU p;fIn response to his question, Assistant Planner Nueno reported
that Fletcher Jones{lias an encroachment permit with the City to use Baywood Way.
Hearing no further testimony, Mayor Gardner closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tom Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
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City of Newport Beach
City Council Minutes
March 13, 2012
14. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600 AND
1602 EAST COAST HIGHWAY (C-5068).[38/100-20121
Principal Planner Campbell presented details of the report addressing previous consideration
by Council and approval of a portion of the Golf Realty Fund application, addressed subsequent
actions including continuance from the City Council meeting of February 28, 2012, presented
the proposed alternative site plan, discussed the approved vested site plan for the Newport
Beach Country Club, Inc. and concerns regarding the approval of two different site plans for the
same piece of property, presented a proposed condition of approval should Council choose to go
forward with the alternative site plan, referenced the tennis club and golf club site approval of
the alternative site plan, and noted that the resolution would .r affirm the tennis club site
approval and approve the alternative site plan.
City Attorney Harp reported that the approved appl
not want conflicts in the development agreement over
the development agreement so that Golf Realty will u
of the property, stated that.staff recently received a
Planning, expressed concerns that the smaller p jec
be an issue argued by the plaintiffs that approval c
something that had less of an impact on °`theaend
analyzed through the Mitigated Negative Decla atior
mitigated to be below a level of significance, and reco
alternative site plan. P
Robert O'Hill, Golf Realty Fund, repo ted`t'fift- he,has
staff to develop an acceptable solution, expressed "supl
in the agenda report, asked that Council approve' ai
IBC's Future owner, referred to the vCEQA =laws
organization is not
In response to Maor Pro
in any way sponsoi-3- ingiffi
con`c'erns with the alters
alternate site plan coulc
5
whic)gg:ould cause coral
(GRF) Development Agr
the alternative site pla
support for `ttie. NBCC
leadership, and iridicatez
flexibility that the ajiplic
of it.
2aticinsought,vested rights and staff did
ve ted rightstnoted that staff has revised
longer have vested rights to that portion
CE.QA lawsuit fr m the Friends of Good
is better for the envionment and might
he project might be se n as approving
ronment, noted that bothhprojects were
process which determined that they were
amended that Council do not approve the
ke&diligently and in good faith with
for t`htnrecommendations as set forth
ernative for maximum flexibility for
and presented assurance that his
Curry's inquire, Mr. O'Hill reiterated that he is not supportive or
IA lawsuit. 1\
fanning on behalf of Newport Beach Country Club (NBCC), expressed
hive sitei plan, urged Council to deny it, noted that approval of the
jeopardize ,the approval that the City has already issued for NBCC
Yon with Vthe Coastal Commission, added that Golf Realty Fund's
^went has been revised to remove the golf clubhouse, believed that
is does not work when compared to industry standards, discussed
plan from various residents and from the Toshiba Tournament
that what has already been adopted for the golf club site provides the
nt is seeking.
Mike Recupero, representing half of the ownership of GRF, agreed with City Attorney
Harp's analysis, requested that Council deny the alternative site plan, pointed out a possible
mistake in the resolution noting the entitlement went forward without the consent of his clients
who owns half of the property, believed that permits could not be pulled without the owners'
consent, requested that the resolution specify that an approval of the Coastal Commission
and owners are required.
Tim Paone, GRF, explained the reason for wanting an alternative plan, asked Council to create
greater flexibility for the next owner of IBC, stated that he disagreed with comments relative to
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City of Newport Beach
City Council Minutes
March 13, 2012
not being able to build for 55 years, and requested approval of the alternative plan.
Assistant City Attorney Mulvihill reported that the issue regarding who is allowed to pull
building permits is addressed by staff in the PC text and read the applicable section, stated
that Mr. Recupero would like the language included in the resolution although staff does not
think it is necessary, noted the inclusion of a definition of "property owner" identifying Mr.
O'Hill as the managing property owner, and addressed Mr. Recupero's request that "property
owner" be defined as all owners of the property.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Council Member Henn expressed agreement with staffs views relative to having two site plans
for the same property and expressed preference of the plan that Council has already approved.
Motion by Council Member Henn, seconded by Mav r Pro Tem Curry to a) Introduce
Ordinance No. 2012 -2 approving Planned Community Development Plan Amendment No.
PC2005 -002 to adopt the development standards for the development o the Tennis Club site,
and pass to second reading for adoption on March,27, 20112; b) reconfirm`fheijanuary 24, 2012,
approval of Site Development Review No. SD2011- 002,,by Resolution No. 2012.-10 for 1602 East
Coast Highway; and c) introduce Ordinance N4`,2012?3 approving Development'
evelopment;�greement No.
DA2008 -001, and pass to second reading for adopt1bg on March 27, 2012.
Assistant City Attorney Mulvihill stated that it is cleailthat the current zoning code requires all
owners of the property to sign the approval application with the exception of financial
institutions holding mortgages and stated xbat the City'§-" concern is ensuring that building
permits are pulled by property owners ; ti
1
Council Member Selich referenced the development agieeincnt relative to the need to remove
the reference to $10 /squafe ";foot for construkk the propose golf club house.
f is
The motion carriedFby the following roll cal Note:
Ayes: Council MembenHill, Council Member R 6sansky, Mayor Pro Tem Curry, Council Member
Selich, Council Me ber-Hen`n;.Cpuncil Member Daigle
a.sfv
Noes: Mayor`Gardiier � \� �'• -.,,�
XVII. CURRENT BUSINESS
15. APPOINTMENTS TO FILL THE VACANCIES ON THE HARBOR COMMISSION AND
PLANNING COMMISSION. [381100 -20121
Phil Lugar spoke on behalf of Tim Brown, one of the nominees, and expressed full support for
him. '?k. A
City Council utilized paper ballots to vote for one member on the Harbor Commission and one
member for the Planning Commission.
City Clerk Brown read the following votes for the Harbor Commission:
Chandler Bell - Council Member Selich, Council Member Henn, Mayor Pro Tem Curry
Dave Girling - Council Member Hill, Council Member Rosansky, Council Member Daigle,
Mayor Gardner
City Clerk Brown announced that Dave Girling is the newest member to the Harbor
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City of Newport Beach
City Council Minutes
March 13, 2012
Commission for a term that expires on June 30, 2016.
City Clerk Brown read the following votes for the Planning Commission:
Tim Brown - Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Gardner
Steven Coyne - Council Member Selich, Council Member Henn, Council Member Daigle
City Clerk Brown announced that Tim Brown is the newest member to the Planning
Commission for a term that expires on June 30, 2016. 0
Motion by Council Member Kosansky, seconded by Council Member Selich to extend
the term for the new Planning Commissioner and Harbor Commissioner to June 30, 2016, as
permitted by City Council Policy A -2.
The motion carried by the following roll call vote: `\\
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council MemberxHenn, Council Member Daigl
16. BALBOA AND CORONA DEL MAR FIRE RINGS'. [100 -20121
Recreation and Senior Services Director Detweiler pi&vided a PowerPoint presentation noting
that staff is seeking Council's directi} n regarding the removal of all fire rings located on Balboa
and Corona del Mar beaches. She addr sed' consideration and action by the Parks, Beaches,
and Recreation Commission (PB &R) %ealt:'_ oiicerna, publi testimony, possible solutions
considered by PB &R, location of the fire Pings, staf &iepor, documents, and recommendations
d
In response to Mayor G6dher's question�Recr�tion and Senior Services Director Detweiler
noted that studies were conducted regarding air quality issues and installation of gas fire rings.
Frank Peters probided a PowerPoint presentafion addressing the experience enjoyed by users,
reported that clean wood is found-to be toxic when burned, addressed the consequences of long -
term exposure,—and requested thaT C uo nciltiote to remove the fire rings.
-rte
Ryan,rKline M.D., Chief of Pulmonary Medicine at Hoag Hospital, spoke on the dangers of
smoke, expressed concerns.tha�vpen -air fires are still allowed, addressed accidental burn
iryueies, and offered to respond to q estions to help Council reach a decision.
Charlea'Earrell commented on the negative impacts of smoke, soot, and smells from the fire
rings. He declared that he is a victim of slow asphyxiation, addressed changes in the law
relative to smoking in restaurants, believed that residents of the City should establish the
rules, and encouraged Co ncil to approve the removal of fire rings.
Y
Wes Hatsfield commented on the negative impacts of smoke, noted that burning 10 pounds of
wood produces the same amount of smoke and carcinogens as 4,300 cigarettes, calculated the
equivalency when all fire rings are used, and referenced the no- smoking ordinance.
Sandra Koop stated that the fire rings were installed for the enjoyment of residents and non-
residents, suggested a compromise by limiting the hours of operation, asked staff to find
products that are safer to burn, and believed that the fire rings provide a great family and
community experience.
Kate Spenson read a letter from Ms. Mellum addressing the harmful effects of wood smoke
and noted that the Americans with Disabilities Act (ADA) guarantees that cities will remove all
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City of Newport Beach
City Council Minutes
March 13, 2012
barriers that prevent access to public spaces.
Sally Sole commented on how her family has enjoyed the fire rings through the years, stated
that the ocean breeze blows away 80% of the fumes, and suggested that Council regulate the
use of the fire rings without completely removing them.
Charlotte Stephens stated that she has fond memories of great times at the beach, indicated
that she understood concerns regarding the loss of revenues, and expressed support for
completely removing the fire rings. 1
Sophia and Vanessa Koop commented on how they enjoy the fire rings dnd believed that they
should not be removed. f'
Marcia Young addressed the negative impacts of the firejrings tohlier family's health and asked
Council to consider the evidence against breathing woo smoke when making their decision.
Harold Parker stated that Council has a
humanity and addressed the increased to:
Karen James expressed concerns with increase
to approve the removal of fire rings for the as
reported that when Council banned smoking in
Jill Berteya expressed concerns with the si
the use of the fire rings. She believed that
benefits of the fire rings.
Bob Koop noted that ah beach is a p
that there are many, es ofibeaches whet
and suggested thaCCouncil tome up with
rings completely.l
Walter Habieeurgt urge
penaltieaiid fiYes.for
alternative options ath<
Deborah Jeffs read a
breathing wood smoke,
attacks'sdhen she visite
Council to direct staff to
removing the file rings on behalf of
?rtisk of burns and other dangers, urged Council
;'
e6Qo# the general public and beach - goers, and
)eacles�it made a big difference.
the air, on he sand, and in the water caused by
Le`alth and safety,of the public far outweigh the
:e for the enjoyment of the public, stated
who don't want to be near the smoke can go,
table solution rather than removing the fire
rcrl— tVZkeeeep_ the' fire rings, suggested that the City increase
e who dori't_£ollow the rules, and urged Council to consider
'completely removing the fire rings.
to {Council noting the amount of scientific evidence against
;ed thJaf her mother would increasingly suffer through asthma
•essed concerns about the health of neighbors, and encouraged
all fire rings in the City.
Cathy Hamilton acknowledged her memories associated with the use of fire rings, referenced
the City's implemeri -1' ion of the AQMD's rule regarding the prevention of wood- burning
fireplaces and pits izi new or remodeled homes, noted that wood smoke is the most harmful
particle because of its size, stated that people who visit or live near the beach are exposing
themselves to physical dangers, and referenced the extensive scientific evidence showing the
dangers of wood - burning smoke.
Laura Curtis commented on using fire rings for several events and celebrations by her family
and friends, spoke in support of keeping the rings, suggested that Council assign a Park Ranger
after dusk and on weekends, indicated that a reservation system should be established,
believed that there is a need for research -based studies, and asked Council to further study the
item carefully.
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City of Newport Beach
City Council Minutes
March 13, 2012
Suzanne Sandmeier commented on the attraction of having a clean and clear beach, addressed
comments by a PB &R Commissioner regarding the loss of parking revenue, referenced findings
of the AQMD, and noted that smoke goes inland at night, not out into the ocean.
Nancy French agreed that smoke and soot goes inland at night, wondered who would monitor,
indicated that there are a lot of activities to be enjoyed at the beach that are not related to the
use'of fire, and that there are fiscal responsibilities with potential lawsuits.
George Schroder believed that there are good arguments on both sidds, commented on changing
laws, noted that people who want to use fire rings can do so at;fhe Huntington Beach State
Beach where they are not near homes, and expressed support for.-removal of the fire rings.
Warren James reminded Council of their commitment to,pr`ote`et-the City and its residents and
asked that they do so by approving the removal of the fire'
rings. ~�
Michael Orfice spoke in favor of keeping the fire ring's and related his experiences with them as
he grew up in the area. fl
Roger McEnan expressed opposition to
Roy Englebrecht stated that health issues are
pointed out that many of the studies,presente
wood in confined spaces, noted thatih'ealth -isst
that staff contact Geo -Tech regarding,tRe�
quality from wood-burning smoke, and prez
system which would generate revenue fo •,a full
Dr. Jack Larser. repor6
that related health issue
John Hamilton expresse
groups, and stres`se`d,ths
or environment that has:
mere r po
Mary Ganiere reporO-d I
and h6r smoke detector
PdLugar, Chair of the
Mayor Gardner thanked
In response�tto, Coui
Director Detweile %repot
it burning er`
a major prob
pport for Yen
individual or
J3
,.naoxen to be
the
rings.
ie'Ninost important considerations of this item,
to the PB &R Commission dealt with burning
a us
re caused by fossil fuel emissions, suggested
ability of 'equipment that would monitor air
tied-,.variousi 'options including a reservation.
r
m�•ranger.and`additional police monitoring.
shave reached his yard and patio and believed
with fire ring use.
ig the fire rings, addressed studies by various
ap has the right to subject anyone to a situation
, the winds carry smoke and soot to her house
spoke in favor of removing all of the fire rings.
who provided comments.
Member Henn's question, Recreation and Senior Services
that the fire rings were installed in the 1960's.
Motion by CouncilMember Henn, seconded by Mayor Pro Tern Curry to direct staff to
take the necessary steps to remove the sixty (60) fire rings at Big Corona and the Balboa Pier
areas.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
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City of Newport Beach
City Council Minutes
March 13, 2012
XIx. ADJOURNMENT - 9:20 p.m.
The agenda for the Regular Meeting was posted on March.8, 2012, at 3:40 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
The amended agenda for the Regular Meeting was posted on March 9, 2012, at 2:40 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
r.1
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