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HomeMy WebLinkAbout00 - Non-Agenda Item - Written CommentsReceived After Agenda Printed February 24, 2015 Non - Agenda Item City of Newport Beach re. Fire rings- February 20,2015 PLEASE DISTRIBUTE TO CITY COUNCIL AND ENTER INTO THE PUBLIC RECORD AS A NON - AGENDA ITEM IN PUBLIC COMMENTS AT FEBRUARY 24, 2015 COUNCIL SESSION AND IN THE RECORD IN CONNECTION WITH FIRE RINGS Mayor Selich and Members of the City Council: This letter pertains to the City's process in connection with the Fire rings issue. Improper Findings of CEQA Exemption - We were surprised to learn that the City, on January 15, 2015, certified a Finding that the Fire rings "project" was exempt from CEQA . We object to the statements made in the filing that the Fire rings activity is, "ministerial ", and merely "repairs, restoration ". Where is the analysis that supports this conclusion? 2. Assertion of Fire rings plans without adequate Due Process or Environmental Review- The City has asserted plans to regulatory agencies(esp. Coastal Commission) on January 29,2015 that include new site locations which have had no Fire rings.These new locations will generate multiple, adverse environmental impacts in extended, new areas of our coastline, and subject both residents and visitors who visit the beach to involuntary, persistent exposure to hazardous air emissions and contaminated water - - -not to mention other nuisance,public safety, and traffic impacts. There is no evidence of any environmental review that was performed to arrive at such a conclusion; or, that analysis and findings were ratified by the City Council. There was no process completed by which the public was fully noticed, and had the opportunity to provide input, concerning the various 7 "Alternatives" constructed by the City and submitted to the Coastal Commission for review. In fact, the Alternative that was stated to be that "Preferred by the City Council" contained elements to which a number of community members objected. Any and all of the plans which introduce new sites, or material modification of existing ones, and the Fire rings project en toto, should be subject to Environmental Review, and are properly not exempt from CEQA requirements. To rely on an On -line survey which only a fraction of the City's population has been made aware of, and to which many citizens do not have access to, as fulfillment of Public Notice and Public process is unsatisfactory. It was poor judgement at best to submit the January 29th letter introducing but not providing diligent menu of options or evaluation. We request that the City Council immediately move and act to: a) Rescind the Motion which was based on non - compliant process that stated the City's position regarding a Fire ring plan to be, "Final ", rather than, "Interim. Move to reestablish the current plan as, "Interim ". b) Immediately structure and restore a legitimate public process, that, at minimum, includes: 1. Study Session to evaluate alternative plans and their impacts, and their attractiveness and feasibility to meet resident and visitor community need .The session should explore all aspects of the Fire ring issue, including location of rings, enforcement of night curfews and nuisance,and other items. 2. Fully Noticed 1 -2 Public Hearings so that the public can provide input and be made aware of developments 3. Engage in the selection of a limited menu of plans(est. 3), based on public input and rigorous environmental review pursuant to CEQA parameters. 4. City Council to make a determination as to a preferred and contingent plan that fulfill Air Quality requirements, and do not increase or extend adverse impacts on coastal residents or visitors /users.The community does not wish to be at odds with the AQMD, as we believe that air quality regulation is well - established and in the best interests of the public. c) Retain an experienced Environmental attorney /consultant to advocate and negotiate on our City's behalf with the regulatory agencies,esp. CCC- the outcome of this issue will have significant impact on the environmental health and safety, and attractiveness of Newport's beaches for years to come. Our pristine beaches are the cornerstone of Newport's value and reputation as a unique and desirable place to live and visit. The residents have indicated their willingness to accept a compromise including the reinstatement of some wood - burning Fire rings - -- within the same boundary footprint as that of historical locations, and in number and position compliant with AQMD regulations. We are confident that this is a fair and reasonable platform for negotiation and resolution of this matter. We respectfully remind the Council that the People have spoken —and that we are expecting the Council to listen, and act accordingly .Thank you. Denys Oberman Kathryn Branman Linda Klein Cindy Koller Cc: Brian Park, Drew Wetherholt, Joe Reiss, Central Balboa Penninsula Community Asociation, West Newport Communciation Association, Corona del Mar Community Association, SPON