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HomeMy WebLinkAbout65A - OPTIONS FOR FIREWORKSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 6, 2016 TITLE: OPTIONS FOR THE SALE AND USE OF SAFE AND SANE FIREWORKS {STRATEGIC PLAN GOAL NO. 1, 2D} f2/a "" �Z I 1� CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: e, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance an 2 I Reading ® Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER Review and select an option for the use and sale of safe and sane fireworks from the options listed below: 1. The sale and use of safe and sane fireworks remain legal in the City of Santa Ana; or 2. Ban the sale and use of safe and sane fireworks within the city limits effective 2016; or 3. Ban the sale and use of safe and sane fireworks within the city limits effective 2017. DISCUSSION Since April 4, 1986, the City of Santa Ana municipal code has allowed the sale and use of safe and sane fireworks. Since that time, a lottery system was established allowing non - profit organizations to enter into agreements with safe and sane fireworks vendors to operate and retail legal fireworks within the City. Selected non - profits enter into sales agreements generally allowing them to retain 50% of all firework sales proceeds before subtracting rental, fire related, and land use permit fees. During the short firework sales time frame, non - profits routinely make thousands of dollars to further their respective initiatives. In addition, funding is directed to some of the most needy populations and goes to fund various activities that have been cut as a result of budget shortfalls. During the month of June 2015, the Santa Ana Police Department received 474 calls for service that referenced illegal fireworks being discharged throughout the City. That equated to approximately 15.8 calls for service per day. Although the Department managed these calls, the activity began to strain both Police Dispatch and field resources. From July 15t through July 6th 2015, the Department received 473 calls for service referencing similar activity. Nearly 50% of the calls, 223 of the 473, were received during an eight hour period on July 4th. This equated to approximately one firework/skyrocket related call for service every two minutes. These extensive numbers did not include multiple calls that referenced the same location or police resources 65A -1 Options for the Use and Sale of Safe and Sane Fire Fireworks April 5, 2016 Page 2 dispatched to assist the Orange County Fire Authority (OCFA), which also handled higher than normal call volume during this time period. The Police Department had up- staffed for the six day Fourth of July holiday operational period and specifically brought in an additional 33 police officers including the Chief of Police, Deputy Chief over Field Operations and a District Commander. The call volume overwhelmed the communications center and field resources were unable to manage fireworks related activity. Addressing normal holiday related police activity became incredibly difficult and the overall activity was unprecedented. All of these calls for service pertained to modified safe and sane fireworks or illegal fireworks being discharged. Understanding the benefits that firework sales bring to community organizations, in 2015 the City began evaluating the impacts associated with both legal and illegal fireworks within City limits. Currently, there are nine cities within Orange County that allow the sale and discharge of safe and sane fireworks (Anaheim, Buena Park, Costa Mesa, Fullerton, Garden Grove, Stanton, Villa Park, Westminster and Santa Ana). Discussions with these cities revealed that each of these jurisdictions reported similar difficulties pertaining to call volume and activity attributed to mixed use of both legal and illegal fireworks. Cities that ban fireworks are not immune to illegal fireworks related activity. An informal survey of Orange County cities that ban all fireworks revealed they also respond to and address illegal fireworks during the holiday period, but the call volume is significantly less. These cities report that responding officers can more easily take enforcement actions since all fireworks are banned and the difficulties surrounding the determination of safe and sane versus illegal fireworks are eliminated. Lastly, agencies report lower levels of illegal skyrocket type fireworks. The Public Safety and Neighborhood Improvement Council Committee requested a presentation outlining the options for regulating fireworks within the City. On February 22, 2016, the Police Department made a presentation to the Committee outlining the options for regulating fireworks within the City. The Committee recommended that the options be presented to the City Council for consideration except for the City of Anaheim model, which has geographic restrictions not applicable to the City of Santa Ana. OPTIONS FOR CONSIDERATION Option 1: The sale and use of safe & sane fireworks remain legal in the City of Santa Ana The City Council can choose to maintain the City's current fireworks policy without changes. It is anticipated that in 2016 the City will experience the same or moderately increased activity as seen in 2015. The Police Department expects to respond to over 800 firework related calls for service in June and over a several day span near and after the Fourth of July holiday. It is also anticipated that OCFA will also assume similar or slightly increased call volumes. 65A -2 Options for the Use and Sale of Safe and Sane Fire Fireworks April 5, 2016 Page 3 The City expects financial costs to remain relatively similar, except for an approximated Fireworks Disposal fee of $75,000. In the past, the State of California Fire Marshall has taken all fireworks for disposal, at no cost to local jurisdictions; however in 2016, the Fire Marshal through the State fire agency CalFire, will no longer dispose of confiscated fireworks. Disposal subsequently falls on the County and these items slated for destruction are now categorized as toxic waste. Thus, fees for the proper disposal of confiscated fireworks will be passed on to the confiscating jurisdiction. In 2015, The Police Department estimated expenses associated with fireworks enforcement to be approximately $113,590. In 2016 staff anticipates an additional cost of $75,000 for the Fireworks Disposal Fee, which is based on firework volume seizures in 2015. Total anticipated cost for 2016 will be $188,590 (see Table A). Costs should remain consistent over time but may increase to meet public safety needs. Table A No Policy Change — Fireworks Remain Legal Estimated Expenses Associated with Fireworks Fireworks Enforcement $62,288 Pre-Holiday Preparation $32,864 Management Costs $8,214 Public Service Announcement $3,788 Flyers (4,n of July Laws and Safety) $3,916 Other Costs $2,520 Disposal of Illegal Fireworks $75,000 Total Estimated Costs $188,590 Option 2: Ban the sale and use of safe and sane fireworks within the city limits effective 2016 The Council can choose to ban fireworks completely in 2016 by adopting an urgency ordinance. Currently, it is anticipated that numerous non - profits have contracts with Fireworks vendors and these contracts were made under the assumption that Fireworks would continue to be allowed within the City and the permitted non - profits from last year have an automatic renewal of their permit if they continue to meet all of the code requirements and complete their application by May 1, 2016. Staff recommends increased funding be set aside for a concerted public outreach education component beginning immediately after the municipal code is revised to ban fireworks in 2016. Police Department and OCFA anticipate receiving similar call volumes in 2016, as seen in 2015 with calls decreasing in 2017 and forward. Anticipated costs associated with this outreach are outlined below. Staff does not foresee that costs will change in 2016, with the 65A -3 Options for the Use and Sale of Safe and Sane Fire Fireworks April 5, 2016 Page 4 exception of the aforementioned outreach funding and the fireworks disposal fee. The total estimated expenses associated with fireworks enforcement would be approximately $188,950, plus an additional $10,000 for public outreach in 2016, bringing anticipated costs to $198,950 (see Table B). Table B Ban on Fireworks to take Effect in 2016 Estimated Expenses Associated with Fireworks Fireworks Enforcement $62,288 Pre-Holiday Preparation $32,864 Management Costs $8,214 Public Service Announcement $3,788 Flyers (4,n of July Laws and Safety) $8,916 Other Costs $7,520 Disposal of Illegal Fireworks $75,000 Total Estimated Costs $198,590 Option 3: Ban the sale and use of safe and sane fireworks within the city limits effective 2017 The Council can choose to ban fireworks completely in 2017. This choice would afford community organizations time to extricate themselves from fireworks vendor contracts and establish new funding streams to continue their important programs. It would also provide additional time to prepare public service announcements, flyers and to conduct other public outreach. In 2017, the City would project to spend $198,950 plus an additional $20,000 in police enforcement related costs bringing the projected total to $218,950 (see Table C). Moving forward from 2017, the costs associated with fireworks should decrease, as a majority of Santa Ana residents should abide with the ban and less enforcement will be necessary. Table C Ban on Fireworks to take Effect in 2017 Estimated Costs Associated with Fireworks Fireworks Enforcement $82,288 Pre - Holiday Preparation $32,864 Management Costs $8,214 Public Service Announcement $3,788 Flyers (4,n of July Laws and Safety ) $8,916 Other Costs $7,520 Disposal of Illegal Fireworks $75,000 Total Estimated Costs 1 $218,590 65A -4 Options for the Use and Sale of Safe and Sane Fire Fireworks April 5, 2016 Page 5 Furthermore, there were three additional options discussed at the February 22, 2016 Public Safety and Neighborhood Improvement Council Committee meeting. One of the options was a hybrid approach, similar to Anaheim's model that would allow fireworks only in specified areas of the City and not other areas. This option is not recommended because, unlike Anaheim, Santa Ana does not have significant open space acreage vulnerable in time of high fire danger. Also, Anaheim found that allowing fireworks only in specified areas of the city and not other areas was confusing to residents. Another option that was discussed was a fireworks ballot initiative. The cost of adding a fireworks ballot initiative to the November ballot would cost approximately $15,000. Further, This option is not being recommended because once a ballot initiative is passed, it may limit the City's administrative ability to adjust its fireworks policy in response to public safety needs. Lastly, a moratorium on safe and sane fireworks was also discussed, but a moratorium on fireworks is not a legal option for the City and therefore not recommended. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 - Community Safety, Objective #2 (Broaden communications, information sharing and community awareness of public safety activities), Strategy D (Expand Community awareness of Public Safety activities, programs and services that focus on risk reduction [smoke alarms, water safety, pedestrian safety, fire safety /prevention]). FISCAL IMPACT There is no fiscal impact associated with this action. Carlos Rojas Chief of Police Santa Ana Police Department 65A -5 65A -6 Mitre - Ramirez, Norma From: Vazquez, Yasmin Sent: Tuesday, March 01, 2016 2:42 PM To: !City Clerk Cc: Lawrence, Mark Subject: FW: Fireworks ban c)ra Attachments: city letter fireworks 3_1_16.docx .y_� >- -rf tt71 FYI for tonight's meeting. Yasmin Vazquez Executive Assistant City of Santa Ana I City Manager's Office •.d:r 20 Civic Center Plaza I Santa Ana, CA 92701 714 - 647 -5200 1 yvazauez @santa- ana.ora From: Rick N!edermayer [mailto:ricksworld @live.com] Sent: Tuesday, March 01, 2016 2:38 PM To: !City Council Subject: Fireworks ban Good afternoon I have attached a letter that I will be reading tonight under public comment. The fireworks stand is the only fundraiser that we currently do. I ask that each parent of a child donate up to 4 hour of their time to help with this fundraiser, we also allow parents to work additional hours to help pay for their children to play the wonderful game of Soccer. I think that the letter enclosed is a little over the 3 minute time limit so I wanted each of you to have a copy in case I an not able to finish in the allotted time. I have also made copies of the letter and will ask the clerk to give to each of you before I start my presentation! I thank you in advance for allowing me to speak under public comment! Sincerely Rick Niedrmayer Santa Ana Resident AYSO Assistant Area Director 65A -7 65A -8 To: City of Santa Ana City Council Subject: Banning of Safe & Sane Fireworks Good evening Mayor, City Council, City Staff and the public watching from home. My name is Rick Niedermayer and I have lived in the city of Santa Ana for over 42 years. Growing up in our city as a child I always look forward to the 4 1 of July, as a time to be with family and enjoy the freedoms that were fought for over 200 years ago. As has been reported in the Santa Ana Register the public safety commission held a special meeting on February 22nd to address whether the city should continue to allow non - profits in our city the opportunity to sell Safe and Sane fireworks in Santa Ana. I as one of those non - profits found out about this meeting earlier on the same day of the meeting. If believe that if a special meeting was necessary, then all of the non - profits that are effected should have been notified of this meeting. The city has a record of the every non - profits that ran a stand in the past, as they city requires a special license for each! I hear that each of you want to be transparent in your decisions that affect our community. This meeting was not transparent, as only three non - profits were in attendance, and only because there schedules were open they were available to attend. Drive -byes, murders, and assaults are all at an all -time high in Santa Ana, and the Public Safety committee is calling a special meeting to talk about banning safe & sane fireworks. I truly believe that the priorities of our public safety committee are a little not correct! As mentioned in the meeting the city saw an extremely large amount of illegal fireworks, on the 1" thru the 4`h of July. In this special meeting the police department noted that in their presentation that there are 9 cities that allowed firework, in reality there were 10. There were other facts presented that were not completely true. One of the police representatives made a statement that they do not have the personnel to handle the call of illegal firework, and when they did go to a call as soon as they got out of the car the people shooting off the illegal firework took off running, and they were not able to catch them! I wanted to ask what they do when they arrive at a location and illegal drug are being distributed or used, and the suspects take off running, I do not believe that the officers say that they are too fast and we could not catch! In the same example the police representative ask how would the officer know the safe n sane from the illegal fireworks, once again the public could not respond as public comment had already happened. This is an easy answer the state fire marshal stamp is on all safe & sane fireworks. Our city fine or citation for illegal fireworks is only $100. How many of those were issued last July 1" July 4th. I would guess lees than 101 Here are the State of California penalties' for "possession of illegal fireworks" Penalties Should a person be in possession of no more than 25 pounds of illegal 'fireworks, that person is immediately guilty of a misdemeanor. After conviction, the person will also receive a fine of at least $500 and no more than $ 1,000 by the judge. A judge might also decide that the person should go to jail for up to a year or upon a combination of fine and jail time. A conviction based on possession of up to 100 pomids of illegal fireworks results in up to one year in jail or tines up to $5,000. Those possessing up to 5,000 pounds of 65A -9 Illegal fireworks will face fines in the $5,000 to $10,000 range and up to a year in jail. Possession of more than 5,000 pounds of illegal fireworks also means a possible one -year prison sentence and fines going up to $50,000. Anybody who sells illegal fireworks to someone under 18 faces the same fines and jail lime as an individual fast -time conviction. As you can see in the information above, that the state of California has very serious penalties for persons in possession of illegal fireworks. The city should change the amount of the current citation for illegal fireworks from $100 to $1000 as was done in Garden Grove and other Orange County cities have. Fireworks are a cash cow to the folks bring in and selling the illegal fireworks, as it stands right now in the city our fine for the illegal firework citation is $100. Most folks bring in illegal fireworks would gladly pay the $100 fine from the profits that they made selling the illegal fireworks. But if the city of Santa Ana adopted the state of California illegal fireworks penalty procedure listed above, into the city's municipal rules, and enforced them by issuing citation there is a good chance to eliminate a lot of the illegal fireworks in Santa Ana. In closing please do not penalize the non -profit organization who offer there service and volunteer their free time to the community they live in. Banning the safe and sane fireworks will not get rid of the illegal fireworks, it will drive the citizens in Santa Ana to other cities to buy their safe & sane fireworks and bring them back to our city to celebrate in their own back yards, and as Mr. Reyna always shop in Santa. Ana will not be available! I believe there has to be a solution and not ban all fireworks, and I would remind all of you that if the council should impose a ban, I believe that the firework companies would have enough support to put the issue of Safe & Sane Fireworks on an upcoming ballot. Sincerely AY50 Assistant Area Director 65A -10