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Home My WebLink About55D - RESO - FIREWORKS FINESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: RESOLUTION SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF ARTICLE 2 OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FIREWORKS {STRATEGIC PLAN GOAL NO. 1, 2D} 5 �/ ---- Z��/ I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution setting administrative fines for violating Article 2 of Chapter 14 of the Santa Ana Municipal Code relating to fireworks. DISCUSSION At the May 3, 2016 City Council meeting, the City Council requested that staff complete the necessary staff work to increase fines for violations of Article 2 of Chapter 14 of the Santa Ana Municipal Code (SAMC) related to fireworks. Section 53069.4 of the California Government Code authorizes the City to make violations of the SAMC subject to an administrative fine and penalty. Santa Ana Municipal Code Sections 1 -21 through 1 -21.9 set forth the administrative citation process. The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of the administrative citation in place of other remedies shall be at the sole discretion of the enforcement officer. In addition, Sec. 1 -21.8 of the SAMC sets forth the administrative citation appeal process should any community member choose to contest the citation. Approval of this resolution will establish the following specific administrative fines related to violations of Article 2 of Chapter 14 of the SAMC related to fireworks. o An administrative fine of $250 for the first violation 0 An administrative fine of $1,000 for each additional violation of the same code provision within one year from the date of the first violation 55D -1 Resolution Setting Administrative Fines for Fireworks May 17, 2016 Page 2 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 Fines received from the fireworks related administrative citations will be deposited in the Police Department's Fireworks Administrative Citation Account No. 01114002 - 55606. Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: � '�\S? ry Z %�� A= - - Francisco Gutierrez Executive Director Finance and Management Services Agency 55D -2 SRC 05/06/16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF ARTICLE 2 OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FIREWORKS WHEREAS, California Government Cade 53069.4 authorizes the City to make violations of the Santa Ana Municipal Code (SAMC) subject to an administrative fine and penalty; and WHEREAS, Santa Ana Municipal Code Sections 1 -21 through 1 -21.9 set forth the administrative citation process; and WHEREAS, Santa Ana Municipal Code Section 1- 21.3(a) authorizes the City Council to establish by resolution the amounts of fines associated with administrative citations; and WHEREAS, the City Council has adopted Resolution No. in which it established general fines associated with SAMC violations and now wishes to establish specific administrative fines related to violations of Article 2 of Chapter 14, NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana, California as follows: SECTION 1. Fines Established. The City Council hereby establishes the following fine amounts for administrative citations for violations of Article 2 of Chapter 14 of the SAMC related to fireworks: An administrative fine of $250 Is established for the first violation. An administrative fine of $1,000 is established for each additional violation of the same code provision within one year from the date of the first violation. SECTION 2. Effective Date. This resolution shall take effect upon adoption and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2016. Miguel A. Pulido Mayor 55D -3 SRC 05/06/16 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 1f LA 4v AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 5501-4 ;�r� :: yz�.»�r�.r� 55D -6 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Thursday, May 05, 2016 11:42 AM To: eComment Subject: FW: Proposed tax on Fireworks Stands Categories: Correspondence Please include in correspondence when matter considered by the City Council. Thank you. From: Tim Rush [mailto:timrush @bhhscaprops.com] Sent: Thursday, May 5, 2016 11:41 AM To: Huizar, Maria <MHuizar @santa- ana.org>; Cavazos, David <DCavazos @santa- ana.org> Cc: jkwong @ocregister.com Subject: Proposed tax on Fireworks Stands Dear Mayor & City Council; The OC Register carried a story in the last several days about a proposed tax of $1354 per Fireworks stand under consideration by the City. This the story says is to offset some of the costs associated with public safety by the SAPD during the July 4`" holiday. As someone who has been at the forefront of leading the charge to abolish all fireworks in town this strikes me as most curious. Councilmember Benevides was quoted as saying that the fee should be absorbed by the manufactures not the individual non profits. Who really believes that this type of cost would ultimately not be borne by the end consumer /nonprofits ?? This is a cruel tool to exact money from non profits that without a doubt do a lot of good in town. However, it does nothing to benefit them or the citizens who are at greatest risk. Given the various reports related to public safety delivered by both the OC Fire Department and SAPD which said that their resources were completely outstripped and that they couldn't keep up with the calls for service. Is this tax really a solution? I think not. The 85 nonprofits who participate in this Santa Ana version of "Crystal Nacht" need to be assisted in finding new ways to raise money without putting the 350K folks who call Santa Ana home at peril and risk of both physical and property damage. The citizenry who participated in the numerous public safety committee meetings were all left scratching their heads as to the Council's choice to do nothing in the face of such overwhelming evidence of a clear danger. This proposal does nothing to stem the tide of what is a tidal wave of illegal fireworks being discharged in our city in the weeks before and after the official holiday. Your Police Chief and Fire Chief both told of how the legal fireworks do nothing but provide cover for the illegal. To continue to allow this is nothing but subsidizing and promoting criminal activity. The reality is that if the TRUE costs of this night of terror were calculated, police, fire, public works, suppression - public relations, etc. and a "tax" was divided between the 85 nonprofits we would easily discover that in fact we are in the red by a big number. So why not rethink this, and develop a plan to assist the nonprofits in developing new methods of fundraising that don't put the citizenry, neighborhoods and our city's public image at such risk ?? Thank you for your consideration. 55b -7 Tim Rush, President Wilshire Square Neighborhood Association BERKSHIRE 'I HATHAWAY 1"lomeservices. CalUbmic, Pro,peri,ties - Attitude means nothing without Aptitude - Confidence means nothing without Competence - Credentials mean nothing without Credibility - Ability means nothing without Ambition - Personality means nothing if you can't be Personable - Direction means nothing without Drive Berkshire Hathaway Home Services California Properties Timothy D. Rush Senior Vice President i8000 Studebaker Road. Suite 600 Cerritos, CA 90703 -2680 timrush(a bhhscaprons.com Direct Line (562)2O7.273o Fax(562)860 -2895 T, 55D -8