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CITY OF <br />F NEWPORT REACH <br />" City Council Staff Report <br />January 13, 2015 <br />Agenda Item No. 14 <br />TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL <br />FROM: Dave Kiff, City Manager— (949) 644 -3002, dkiff <br />PREPARED BY: Dave Kiff, City Manager <br />PHONE: (949) 644 -3002 <br />TITLE: Fire Rings in Newport Beach: Compliance with AQMD Rule 444 and Intended <br />Compliance with the California Coastal Act <br />ABSTRACT: <br />The City and its 60 beach fire rings was required to comply with the South Coast Air Quality Management <br />District's (AQMD's) Rule 444 (Open Burning) in March 2014. In late November 2013, the City Council put <br />forth a Compliance Plan. The Compliance Plan was never fully implemented, as the City's application to <br />the Coastal Commission was never deemed complete. In the meantime, the City complied with both Rule <br />444 and the Coastal Commission's strictures by adopting an ordinance limiting fire ring fuels to charcoal - <br />only, but keeping all 60 rings in operation at the same locations. <br />Council Member Scott Peotter has asked that the Council consider a new approach. This agenda item <br />proposes a two - tiered approach to modify the Council's previous direction. <br />RECOMMENDATION: <br />a) Authorize staff to implement an Interim Plan that would allow wood - burning upon adoption of the <br />Interim Plan, resulting in 15 wood- burning rings citywide separated by at least 50'. Eight (8) would be near <br />the Balboa Pier (to the eastern side) and seven (7) at CdM State Beach; <br />b) Authorize staff to ask AQMD to allow the City to define "Contiguous Beach Area" as being interrupted <br />by a specific distance of at least one mile or the Newport Harbor jetty entrance (for example). If AQMD <br />concurs, authorize staff to modify the Interim Plan to allow up to 30 wood - burning rings citywide, with 15 <br />rings at Balboa and 15 at CdM State Beach; <br />c) Review and discuss a plan to amend the City's Coastal Development Permit (CDP) application for <br />a Permanent Plan that would have 60 wood - burning rings, with: <br />• 18 wood - burning rings at CdM State Beach (13 separated by 100' within the 700' of residences, and <br />five more outside of the 700' line); <br />• 26 wood - burning rings at the Balboa Pier area, with 13 on each side, all separated by 100'; <br />• 9 wood - burning rings at the Newport Pier /North area, separated by 100'; <br />14 -1 <br />