Loading...
HomeMy WebLinkAboutMinutes - March 1, 2011 SSLODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, MARCH 1, 2011 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, March 1, 2011, commencing at 7:00 a.m. Present: Council Member Katzakian, Council Member Nakanishi, and Mayor Johnson Absent: Council Member Hansen, and Mayor Pro Tempore Mounce Also Present: City Manager Bartlam, City Attorney Schwabauer, and City Clerk Johl B. Topic(s) B-1 Discussion on the Sale and Use of State Fire Marshal Approved Fireworks Within the City Limits of Lodi (FD) City Manager Rad Bartlam provided a brief introduction to the subject matter of the sale and use of certain fireworks within the City limits. Fire Chief Kevin Donnelly provided a brief presentation regarding the sale and use of State Fire Marshal approved fireworks within the City of Lodi as set forth in the staff report. Specific topics of discussion included national and state fireworks regulations, risks associated with the use of fireworks, perspective of neighboring cities in the County, SB 839 which allows for fee collection for education and enforcement, involvement by non-profit organizations, and efforts related to program administration and enforcement. In response to Mayor Johnson, Chief Donnelly and Mr. Bartlam stated the Fire Department will use an hourly rate to apply to the model, which essentially includes the creation and administration of the program, site inspections, and enforcement efforts, which could also involve the Police Department. Dennis Revell of TNT Fireworks provided a brief presentation and specifically discussed fireworks regulations, community trends in permitting fireworks, non-profit involvement, program administration, and operations. In response to Council Member Nakanishi, Mr. Revell stated Stockton generated approximately $1.2 million in gross sales revenue for its non -profits last year. In response to Mr. Bartlam, Mr. Revell stated there are approximately 24 to 26 registered fireworks wholesalers in the State and 4 in the Central Valley. He stated he is not sure about the operations of other wholesalers as the operations outlined in the presentation (on file) are those for TNT only. In response to Council Member Nakanishi, Mr. Bartlam stated there are approximately 300 non- profits operating in the City. He stated that, while the City Council can set up the program, it would not want to choose which non -profits are involved and therefore could use the lottery system instead. In response to Council Member Katzakian, Chief Donnelly confirmed that the ordinance could restrict certain areas such as riverfront. Continued March 1, 2011 In response to Mayor Johnson, City Attorney Schwabauer stated he will get back to the Council on the question of whether a request for proposals would be necessary since there are several fireworks distributors throughout the State. In response to Council Member Katzakian, Mr. Bartlam stated the earliest an ordinance could come up for first reading is April, with a second reading in mid-April, and an effective date in mid- May. Mr. Bartlam stated the administration and lottery would be held around the same time. The following individuals spoke in support of permitting Safe and Sane fireworks in the City based on the overall financial benefits to the community, non-profit organizations, City, and selected vendor: Dennis Revell, TNT Fireworks Richard Jones, Boys and Girls Club Arlene Farley, Project Thank You Grant Fletcher, Lodi Lions Club Merle Gooler, Swenson Golf Course Fireworks Booth Operator Rita Sperling, Children's Dreamworks Elizabeth Westphal, Project Thank You Carl Cox, parent in community Louis Franklin, Tokay High School Athletics Rick Engelhardt, Boosters of Boys/Girls Sports Organization Rudy Gutierrez, First Baptist Church Ministries Pat Patrick, Chamber of Commerce Ryan Conner, Phantom Fireworks Linda Wigam, TNT supporter Stan Fendrich, Kiwanis The City Council provided general direction to pursue an ordinance modification allowing for Safe and Sane fireworks within the City. C. Comments by Public on Non-Aaenda Items None. D. Adjournment No action was taken by the City Council. The meeting was adjourned at 8:17 a.m. ATTEST: Randi Johl City Clerk N AGENDA ITEM05"04 &% CITY OF LODI COUNCIL COMMUNICATION W AGENDA TITLE: Discussion on the Sale and Use of State Fire Marshal Approved Fireworks Within the City Limits of Lodi MEETING DATE: March 1,2011 PREPARED BY: Fire Chief RECOMMENDED ACTION: Discussthe sale and use of State Fire Marshal approved fireworks within the city limits of Lodi. BACKGROUND INFORMATION: This meeting is to inform Council and allow for discussion of the merits and issues related to allowing "Safe and Sane" fireworks to be sold and discharged within the city limits of Lodi. There is a national, state, and local perspectiveto this issue. There can be some benefit derived from such a change, but it comes with some risks and other considerations. National and State regulations are less stringent on the issue than the Lodi Municipal Code. Nationally there is a wide variety of fireworks regulations. Four states do not allow fireworks at all. Many states allow the use of fireworks that comply with federal regulation. The California State Fire Marshal (CSFM) evaluates fireworks for compliance with the California Code of Regulations Title 19 and the Health and Safety Code. Compliant items are marked by the CSFM seal and are termed "Safe and Sane." The fireworks have been evaluated and tested by the CSFM and are requiredto be used according to the directions and with adult supervision. These fireworks can be approved by the local Authority Having Jurisdiction (AHJ) for sale and use within their community. Decisions are based on the assessment of local risks and issues pertinent to that community. In Lodi it is unlawfulfor any ordinary citizen to sell or discharge fireworks that produces a spark or flame. This prohibits most types of fireworks except for a few novelty items. In San Joaquin County there has been a tidal change in recent years. At one time most of San Joaquin County banned the use of fireworks. Today, most of the cities allow for the sale and use of these fireworks, although they remain illegal in Lodi, Tracy, and the unincorporated areas of the County. In Lodi we issue permits to licensed professionals when they conduct fireworks displays. The Fire Department charges a fee for that permit to cover the cost of inspections that must be conducted. This is the type of display that has been sponsored by the City for many years at Lodi Lake. Every year the question is posed if "Safe and Sane" fireworks will be allowed in Lodi. Since the passage of SB 839 there has been a growing push from the fireworks industry. The law that was passed in 2008 allows for the AHJ to collect fees for the purpose of education and enforcement on the CSFM approved type of fireworks and the safe use of these items. In California there are approximately 271 AHJs; cities, counties, and special districts that allow the use of "Safe and Sane" Konradt Bartlam, City Manager Discussion on the Sale and Use of State Fire MarshalApproved Fireworks Within the City Limits of Lodi March 1, 2011 Page 2 fireworks. Sale of fireworks in these communities has been marketed to nonprofit organizations as fund raisers. The single greatest community benefit for many nonprofit organizations is funding their work in the community. The sale of the fireworks is done by the nonprofit at the expense of the fireworks distributors. The profits are split by contract agreement and the nonprofit group receives payment for their labor based on the amount of sales. This has proven to be a very attractive offer for the nonprofit groups in recent years. The fact remains that an increase in the availability of fireworks increases the potential for incidents to occur. A 2008 report by the National Fire Protection Association (NFPA) found the health risks of consumer fireworks are greater than cigarettes. Based on that report, the NFPA adopted a position that consumer fireworks are not safe and encourages everyone to enjoy public displays that are conducted by professionals tra i ned and certified in the use of such materials. In addition to the added risk factors there are issues and costs associated with implementing a plan to allow the sale and use of fireworks in our community. Issues include enforcement of the law, the program design and the cost of staff hours required to conduct the work of implementing any program. Workload impacts could be felt across other city departments along with the fire department. Enforcement is key to compliance and the code should reflect the desires of the Council and community. It should be stressed that best practices show zero tolerance for violations to the adopted code whether it allows for "Safe and Sane" fireworks or not. Staffing in most departments is impacted and the additional tasks could be a factor in each. The Fire Department Prevention Bureau is currently understaffed. The additional workload would require recognition of this through some funding mechanism. FISCAL IMPACT: Not applicable at this time. FUNDING AVAILABLE: Not applicable at this time. MEAN �Kevin D. Donnelly, Fire Chi Zfl -0 KDD/Ih ARE FIREWORKS LEGAL - YES HEALTH AND SAFETY CODE FIREWORKS VIOLATIONS SAFE AND SANE FIREWORKS 12672- Sell Safe and Sane Fireworks other than from noon June 28- noon July 6 You might be asking yourself, "Aren't fireworks illegal in California?" In the State of California all fireworks are illegal with the exception of the sale of state -approved fireworks (aka Safe and Sane) from June 28th — noon July 6th each year. The sale of Safe and Sane fireworks is available to all cities in California at the discretion of local city government to opt -in and regulate the program. V '�'I'�,►�,►'�l#y►,►�ti,►'r''�'�Iil'���l�l�la'�'i�l 1;��� j� I I'T � ., CKI 1 SASE FOUNTAINS Y DEVA xDMf E�EDP 16 LIPIP EM1t'U FIRE . \SINCE It 0', � 1 CHERRY BOMBS AERIAL SHELLS SILVER SALUTES These sizes and colors are the most common, but you may come across illegal fireworksthat are different In size and color. �fpGCOP�hP IAI.REMA , HAL Since 1992, every State Fire Marshal has consistently stated, "Illegal fireworks remain Public Enemy #1 for the Fire Service!" Both state and local fire statistics show that the problems from illegal fireworks are most prevalent in communities that do not allow State -Approved Fireworks. CRIFORNIFIR.EWBin TNT Fireworks is the state's largest wholesale distributor of state -approved fireworks. Over 3,000 non-profit organizations in over 280 communities across the state look forward to the 4th of July as the single largest fund-raising event for their organization. Recent LeOslaAdve Ae ivity West VirginhL beatme a "Green" state as of as of June 11, 1995 Conauxticut becaute a "Green" state as ofaune 1, 2000 Alarylandbecatne a"Greets" state.as of -October ', 2001 Minnesota became .:a "Greenx state ,as.of as of April 29; 2002 Yertnontbecante a "Yellow" state as of h1q.6p 24101 Pennsylvania became; a °Green" state as of November 3%.2004 Gorda becanwa "Green" state as'ofMay 2;:2005 GREEN - Family seie and'sane sparklers & #6naworks. Hand=held and ground® GREEK. 4 Most fireworks permitted. (Fmsprecrackeserials, Roman candles, based sparklers: (fountains), trick noisemakers, toy.smoka devt= and snakes. sky rodkets, etc) Fb*w*rks s4Ed prima* by licensed grew*ft stores and Firewofts sotd by retWiers supermarkeft disootutt stDms� drug stores, temporary: parking lot stands and tents: Oonvenien ** stores.and not -fair -profit stands dn,41ents, k :t 'Y9E .LOW Sparklers andior tuck noisemakers, toy smokedevices and snakes. RED _Fireworks not permitted for s a k to/or use b consumer. Ftftworks:sold by rr tasters 'supermarkets, discount stores, drugstores, Y '4i(i.47RG R.1 C�iraV A.R,1 SH;G ,� . Arroyo Grande 1996. Selma 1996 'itho-ut` raking into ponsid.era ion. a�; � �; Corcoran 1997 all of the coM'munities th t have. Grover leach 19913 Rippon 1999 reaffirmed atthe ballot:boxtheir r * ' ` Escalon 2000 ti �i. desire to continue to pemvtthe � k �� Fresno 2000 4 Lindsey 210D Sale:and ase:c#state-approvedPorterville 2001 fireworks,.thetr�+end is the exact s � � � Sari Miguel 2001 Sanger 2001 opposite. Since 1993, there have ��a.� 3�'����` Tulare County 2003 been 35 communities'that have 'Los Banos, J33 decided to reverse., by City � ° - - Manteca 2ODS �" ;YSY ����,������'� � Lathrop 2{11 council actions theirlongstanding "�; 5 { Lathrop n 2010. �prohbitior against.#hesefi,f backyard farnilycelebratiorlsof " ,Our r atiari's birthda NORTHERN CA OPEN COMMUNITIES 118 Northern California Communities benefit from State Aaaroved Fireworks Alameda County Del Norte County Lake County Sacramento County Santa Cruz County Sutter County Dublin Crescent City Lakeport Citrus Heights Watsonville East Nicholaus Newark Fort Dicks Bk Grove Solano County Live Oak Union C i Klamath Lassen County Bverta Shasta County Sutter Copperopolis Del Norte County Susanville Folsom Cottonwood Sutter County Amador County Hoopa Galt Sonoma County Yuba C i Ione Glenn County Modoc County Isleton Siskiyou County Yolo County Jackson Hamilton City Adin Rancho Cordova Dorris Tehama County Sutter Creek Orland Alturas North Highlands Dunsmuir Coming Colusa willows Placer County Carrrdchael Fort Jones Gerber Butte County Rio Del Monterey County Fair Oaks McCloud Los Molinos Gridley Humboldt County Gonzales Antelope M. Shasta Roberta Oroville Alder Point Greenfield Rio Linda Siskiyou County Red Bluff Arcata King C i Sacramento City Tulelake Tehama County Calaveras County Carlotta Salinas Sacramento County Weed Angels Camp Eureka Soledad Walnut Grove Y reka Yolo County Calaveras County Ferndale Seaside Montague Esparto Murphys Fieldbrook Marina San Benito County Knights Landing San Andreas Hydesville Hollister Solano County Madison Valley Springs Fortuna Napa County San Juan Bautista Rio Vista willow Oak Copperopolis Garberville St. Helena Winters Mokelumne Hill Hoopa San Mateo County Sonoma County Woodland Humboldt County Nevada County Pacifica Cloverdale Yolo County Colusa County McKinleyville Nevada C i San Bruno Petaluma Arbuckle Orick Rohnert Park Yuba County Colusa Redway Placer County Santa Clara County Sebastopol Linda Maxwell Rio Del Lincoln Gilroy Marysville Williams Trinidad Rocklin Olivehurst Roseville Wheatland Yuba County CENTML CA OPEN 106MMUNITI 102 Central California Communities benefit from State Aaaroved Fireworks Fresno County Kern County Madera County San Luis Obispo County Tulare County Clovis Arvin Chowchilla Arroyo Grande Dinuba Coalinga Bakersfield Madera Grover Beach Earlimart Easton CalifomiaCity Madera County Oceano Exeter Firebaugh Delano San Niguel Farmersville Fowler Kern County Merced County Templeton Goshen Fresno L a m n t Atw ater Lindsay Fresno County Maricopa Dos Palos Santa Barbara County Pixley Huron McFarland Gustine Guadalupe Porterville Kerman Mojave Merced Santa Maria Strathmre Kingsburg Oildale Livingston Terra Bella Laton Ridgecrest Los Banos Stanislaus County Tulare Mendota Rosamnd Ceres Tulare County Orange Cove Shafter Mono County Denair Visalia Pariier Taft Bridgeport Empire Woodlake Reedley Wasco Nlono County Hughson Orosi Riverdale Keyes Ivanhoe Sanger Kings County San Joaquin County Modesto San Joaquin A r m n a Ripon New man Selma Avenal Vernalis Oakdale Corcoran Escalon Patterson Invo County Kings County Manteca Riverbank Big Rne Hanford Lathrop Salida Bishop KettlemanCity Stockton Stanislaus County Independence Lemore Turlock Lone Rne Stratford Waterford Inyo County Westley SOUTNERN CA OPEN COMMUNITIES 62 Southern California Communities benefit from State Approved Fireworks Al hambra twi ndal a Calexico Blythe Artesia La Mirada Calipatria Cathedral City Azusa La Puente Westmorland Coachella Baldwin Park Lakewood Winterhaven Desert Hot Springs Bell Lawndale Orange County Indio Bell Gardens Lynwood Buena Park Ventura County Bellflower Maywood Costa Mesa Fillmore Carson Montebello Garden Grove Commerce Monterey Park Santa Ana Compton Norwal k Stanton Cudahy Palmdale Westminster Downey Paramount San Bernardino County Duarte Pico Rivera Adelanto EI Monte Rosemead Chino Gardena Santa Fe Springs Colton Hawaiian Gardens South EI Monte Fontana Hawthorne South Gate Grand Terrace Huntington Park Temple City Rialto Industry Vernon San Bernardino NON-PROFIT ORGANIZATIONS 501C3 organizations within the city can qualify. These are some examples of groups that we work with: 1: Youth Athletic Groups • PAL • Pop Warner • AYSO • Swim Clubs • Little League 2: Youth Service Organizations • Boys & Girls Club • Teen Challenge *YMCA • Camp Fire 3: Service Clubs • Rotary • Soroptimists • Active 20-30 Clubs • Lions • Exchange Clubs • Jaycees • Kiwanis • Optimists 4: Fraternal and Veterans Organizations • American Legion • VFW 5: Community and Social Service Organizations • Food Closets • Knights of Columbus • LULAC • Trauma Intervention • Victory Outreach 6: High School Athletic Boosters 7: High School Band Boosters 8: Churches • Elks Lodges • Battered Women's Shelters • Rape Crisis Centers 9: Fire Departments/Auxiliaries and Police Department Associations THE OPERRION • TNT secures the use of a parking lot through the property owner • TNT erects a stand on the lot, usually 24 or 32 feet in length • TNT delivers the product to the stand and checks the order. All merchandise is given on full consignment. There is no upfront cost for the fireworks merchandise • The organization is asked to provide the volunteers and sell in the stand for the selling period of June 28t"—July 4t" • The organization counts the merchandise and returns all unsold product to a designated drop-off area for a 100% refund • TNT fronts all of the costs and bills the group at the end of the sale for expenses and the cost of the fireworks"> Y; WIN- � j�` i i IN - 3 \ i} s 4 41 01 i r � Y The non -profits can rely on fireworks sales for much needed revenue ■ A quick 7 day profitable fundraiser . Generates sales tax for the city (Each organization has to collect and pay sales tax) as well as licensing fees ■ Potentially brings new business to existing businesses around fireworks stands . Safe and Sane fireworks deter citizens from using illegal fireworks ■ Due to budget cuts and decreased donations, many non-profit organizations need to find alternative fundraising opportunities to raise the necessary funds to keep their program afloat . Setting and administering fines for illegal fireworks will help pay for increased patrols on the holiday ■ Industryworks together with the city to develop and implement a fireworks safety and education program . Celebrating our nation's independence with safe State Fire Marshal approved fireworks for the 41" of July M Mold 30839 211MIN11101 MUN W, now ftr 9 ply tl L8111P 1. If incorporated into its ordinance, the City of Lodi would be permitted to issue administrative fines, in lieu of criminal court prosecution, for possession and use of dangerous, illegal fireworks and/or misuse of State -Approved Fireworks (i.e., use of them beyond the permissible days, hours or locations of permissible use). 2. California cities may be organized pursuant to a charter or the general laws of the State. Generally speaking, in light of California Government Code Section 36901, a General Law City may not impose administrative fines that exceed one thousand dollars ($1,000.00) and/or imprisonment exceeding six months. The City of Lodi is a General Law City and thus, the maximum fine it may impose for first time violators using or possessing less than 25 pounds of illegal fireworks is $1,000.00. There are a number of Charter Cities which are imposing fines in excess of this $1,000.00 with the highest being $2,500.00 for the first violation, $5,000.00 for the second violation and $10,000.00 for the third violation within a year. 3. Adding the administrative fine citation process to Lodi's ordinance in noway limits or restricts the city to this remedy alone. It may still pursue other legal remedies against a violator, including criminal prosecution. �i 'T 'T t L now boom IN Illegal nr.■.rrsproblemP A growing list of communities are amending their City's Municipal Code to provide for administrative fines for the possession and use of less than 25 pounds of illegal fireworks or the misuse of State -Approved Fireworks outside the parameters of their City's fireworks ordinance. These cities are experiencing success no matter how small or large a community they are and are finding that the administrative fine process is an extremely effective way to battle illegal fireworks. Sic Total Fines Levied Fontana $223,750 Bellflower $181,000 Pacifica $31,000 Petaluma $13,250 Rohnert Park $7,000 Sal inas $6,000 Watsonville $103,000 Are things better/safer once a community reverses a long- standing prohibition against all fireworks and allows a community to use and sell State -Approved Fireworks? "The benefit we found is that it's an alternative tD illegal and dangerous fireworks." - Salinas Fim Chief Jesse Piflion January 23,2011 "Ope Wo®ally, it we'rt off wilhout a hitch. No prob am_ " " Me conceded he had qualms about resuming this wonderful tradition. `I'll be the first to say it; I wasn't sure haw it was going to work.' Hitdo's staffresearched Los Angeles County's giant fire among odor statistics attribute 97 Percent of Fourth of Jdly-elated fires to Moo fUIPWOrks. `The things that catch on fire are the things that blow up and Sy,' EMe said. `Safe and sane has iL wW W to too Wlth those .' In addition to a good public safely o��bco�ne, the fiscal co�npomenot shows benefit,loo. Bross sales of legal fmvw% ha raised just $1.2 mOlio®, city records show. The 30 non oft s that staffed fireworka booths earnedbetwen $4,000 and $22,000. The average r'mge for most groups was $9,000 to $12,000: much-nee"money for good c Alm ON two dMes `Ve came home with $7,887.369' wrote Bernice Bass of dwSouth Stockton VdCinga youth team. `We make sure every child can play or cheer with unifo®ms and equipm�ant."' Does not allowing State -Approved Fireworks make it easier to enforce the law against illegal fireworks?