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HomeMy WebLinkAboutMinutes - January 24, 2017 SSLODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, JANUARY 24, 2017 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, January 24, 2017, commencing at 7:00 a.m. Present: Council Member Chandler, Council Member Johnson, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Absent: Council Member Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo NOTE: Mayor Pro Tempore Nakanishi arrived at 7:01 a.m. B. Topic(s) B-1 Presentation on the City’s Efforts to Mitigate the Use of Illegal Fireworks (PD/FD) Fire Marshal Brad Doell and Police Sergeant Stephen Maynard provided a PowerPoint presentation regarding fireworks. Specific topics of discussion included background of fireworks use in Lodi, fireworks issues, sources of fireworks, efforts to combat illegal fireworks, 2016 calls for service, results, and options for reducing illegal fireworks. Council Member Johnson questioned why interest from non-profit groups in staffing fireworks booths may be declining. Fire Marshal Doell stated that originally over 50 non-profit organizations participated in the lottery, but over the years that number has declined. He believed that some groups underestimate the time commitment, some may feel the odds of being selected in the lottery with that many competing is slim, while other groups do not feel the need to repeat the fundraiser after being selected once. In addition, those running booths must participate in training and spend countless hours inside a sweltering booth during the hottest period of summer. In response to Mayor Pro Tempore Nakanishi, Fire Marshall Doell estimated that, over the years, there have been only a few incidents of personal injury leading up to the week of Fourth of July but nothing significant. In addition, there have been no fires caused by illegal fireworks. Last year, a tree caught fire from safe and sane fireworks, but that was a result of legal fireworks being set off in an inappropriate location, such as a backyard or patio, versus a proper surface. In response to Mayor Kuehne, Sergeant Maynard explained that patrolling neighborhoods can be dangerous and officers routinely encounter large parties that get out of hand, which is the reason behind ceasing Fourth of July patrols by firefighters. City Attorney Janice Magdigh reported that the amount for a criminal violation on fireworks is $1,000; however, the highest fine she has seen imposed is $500. Sergeant Maynard added that, despite the fine amount, the City is finally able to prosecute cases because they are now being cited through the Lodi Municipal Code. Council Member Johnson questioned if the Police Department can differentiate between true calls relating to illegal fireworks and calls from citizens who are fed up with fireworks in general and are displeased with the noise. Sergeant Maynard stated that dispatchers have been trained to ask questions to determine the specific location of an incident, which helps eliminate callers who are simply complaining that it is loud. Fire Marshal Doell added that dispatchers also ask about the noise because fireworks associated with a very loud, booming sound are indicative of illegal fireworks versus safe and sane. 1 In response to Mayor Pro Tempore Nakanishi, Sergeant Maynard stated that overall the Police Department has received fewer complaints over the last couple of years. Mayor Pro Tempore Nakanishi stated that Fourth of July is a burden for both Police and Fire by placing added pressure on the officers and taking them away from responding to other incidents. The impetus for approving the safe and sane fireworks ordinance initially was so non-profit organizations could make money, but he stated, if he could vote on the issue again, he would not support it because the use of illegal fireworks has increased significantly. Sergeant Maynard stated that the amount of illegal use of fireworks has decreased since the safe and sane fireworks ordinance went into effect, adding that without the ordinance people may be more likely to purchase illegal fireworks instead. In response to Council Member Johnson, City Manager Schwabauer reminded Council that the fireworks discussion first started with the fireworks distributors meeting with non-profit organizations and taking out advertisements in newspapers to encourage them to lobby Council for safe and sane fireworks as an opportunity for charitable groups to raise money. Both the organizations and distributors attended the Council meeting and requested the ordinance. Council Member Chandler asked if there are any ordinance examples from other cities that were successful, to which Ms. Magdich stated the City of Asuza's ordinance is extremely restrictive as it only allows safe and sane fireworks in residential zones and limits the timeframe to the Fourth of July from noon to midnight. In response to Mayor Kuehne, Ms. Magdich stated that Asuza's ordinance specifically calls out certain locations where fireworks are not allowed, including school sites, commercial parking lots, alleys, and near fireworks stands. Mayor Kuehne stated he would not be opposed to tightening up the policy a bit, but the information presented indicates that calls are down and there have been no fatalities or significant injuries to date. He would like to see America's Independence Day still be celebrated. Fire Marshal Doell summarized that safe and sane fireworks are not the issue; it is illegal fireworks. He stated staff would like direction on how engaged the City should be on enforcement of illegal fireworks and how much funding should be put toward the effort. Mayor Kuehne was amenable to posting names and faces of violators and increasing the fine. Ms. Magdich stated that the current ordinance provisions allow the City Attorney to prosecute for 25 pounds or less of dangerous fireworks and staff could add cost recovery for destruction of fireworks under the administrative fine schedule. She pointed out, however, that the issue is catching violators in the act of setting off illegal fireworks. The City has prosecuted only two Lodi Municipal Code violations for illegal discharge of fireworks but none for actual content. In response to Mayor Kuehne, Fire Marshal Doell confirmed there is a phone application called "Get 'Em," but it is no different than calling 911 to report fireworks discharge and the problem of catching violators in the act still remains. Mayor Pro Tempore Nakanishi stated he believed it is too difficult to differentiate safe and sane fireworks from illegal fireworks, the neighborhood parties create problems for officers, judges tend to not prosecute offenders, and it is expensive to destroy confiscated fireworks. He believed the best solution is to eliminate fireworks altogether. Mayor Kuehne stated he was not in favor of repealing the ordinance, but would support more proactive steps, such as posting the names and faces of offenders, increasing the fines, posting the regulations, and promoting the "Get 'Em" application. Sergeant Maynard stated that he believes education is the best tool, including movie theater advertisements, information and flyers at school board meetings to reach parents, and promoting the safe and sane fireworks symbol to help people differentiate between legal and illegal fireworks. Ms. Magdich agreed that education and public outreach is worthwhile, especially when it starts in grade school and moves up the ranks so that people learn to understand the ramifications of using illegal fireworks and the dangers it presents to one's self and to others. 2 Council Member Johnson stated he believes illegal fireworks will be here with or without safe and sane fireworks. He would prefer the Police Department, with its current restraints, not have teams of officers on overtime chasing fireworks, but when they do find violators, that those individuals be subject to hefty violations and penalties. He believed the ordinance should be strengthened to add significant penalties because that pressure may cause people to think twice before using illegal fireworks. Myrna Wetzel expressed concern for the animals who are frightened by the noise and run away due to fear. She suggested that animal rights organization be alerted to the issue because they would likely resolve the problem quickly. Mayor Kuehne stated there was a wedding at Bear Ranch recently that included fireworks and questioned how the City can address fireworks unrelated to Fourth of July. Ms. Magdich stated those fireworks were in the County, were subject to County ordinances, and were allowed under a County permit. There was Council concurrence to continue with safe and sane fireworks, but reduce the timeframe to only the Fourth of July instead of the current seven-day period. Ms. Magdich stated she will also research the extent on recovery for destruction and storage of confiscated fireworks and look into increasing the fines and penalties and bring back a draft ordinance for Council consideration. In addition, staff will continue with education and public outreach on rules, safety, and associated penalties. C. Comments by Public on Non-Agenda Items None. D. Adjournment No action was taken by the City Council. The meeting was adjourned at 7:46 a.m. ATTEST: Jennifer M. Ferraiolo City Clerk 3 AGENDA ITEM B-l Crrv or Lour C ouucrr, C oivTMUNICATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Presentation on the City's Efforts to Mitigate the Use of lllegal Fireworks January 24,2017 Chief of Police RECOMMENDED ACTION BACKGROUND INFORMATION Presentation on the City's efforts to mitigate the use of illegal fireworks. The Police and Fire Departments will provide a presentation on potentialways to combat illegal firework discharge within the city limits. FISCAL IMPAGT: FUNDING AVAILABLE Not applicable Not applicable /x-; Tod Patterson Chief of Police Prepared by: Stephen Maynard, Bomb Squad Commander APPROVED ity Manager Fireworks Police Department Fire Department January 17, 2017 Background •In 2011, the City of Lodi allowed the sale of “Safe and Sane” fireworks at six locations. •Since 2011, over $420,000 has been raised by 36 nonprofits at an average of approximately $12,000 each. •Local nonprofit interest in participation continues to be strong. Fireworks Issues •With the large amount of illegal commercial type of fireworks being discharged within the City of Lodi, efforts continue to be taken in an attempt to reduce the amount of illegal activity. •Some issues associated with the discharge and use of illegal commercial types of fireworks are: o Personal Injury o Fire Danger o Potential “Destructive Devices” o “Trigger” events for those with PTSD o Increased shelter capacity due to frightened animals Where do they come from? •The typical answer is Stockton, Sacramento & Elsewhere o Most commonly from street vendors. o Craigslist o Facebook sale sites •Lodi Buy / Sale •Stockton Virtual Yard Sale o Other buy/sell Social Media apps How do they get here? •Sources for illegal fireworks are varied but include: o Illegal importation across state lines from locations outside of California. (CHP has stopped their roadway interdiction, which was quite successful in years past). o Importation from overseas locations. o Direct shipping to persons in California via independent shippers, where the purchases occur via the internet from vendors outside of the state. Efforts to Combat Illegal Fireworks •The Fire Department stopped patrols in 2012 based on multiple unsafe interactions with the public. •The Police Department schedules additional officers to work “Fireworks Suppression”. o In previous years, both Police and Fire department suppression teams worked in the week leading up to July 4th, however, it was determined too costly and unsafe to have Fire Department staff ride with LPD officers. o In 2016, the Police Department had “hire-back” positions starting on Friday July 1st with 1 officer working. •The Lodi Police Department issues citations for L.M.C. violations and treat the violations as a civil offense, however it is difficult to cite violators as an officer must be present to observe the violation. o This lessens the likelihood of the offense being summarily dismissed. Additionally, there is a better chance of the violators being issued a civil fine for punishment of the municipal code violation. 2016 Calls for Service •Both Fire and Police Departments have seen a huge increase in the possession and discharge of these fireworks, however, this has not equated to an increase in Fire Department calls for service or significant property damage, and the calls for service actually went down in 2016 for the Police Department. Results •Eight officers worked July 4 fireworks suppression. The officers worked approximately 6 hours each day at a cost of nearly $4,800. •Between June 20 and July 10, the police department: o Handled 263 calls for service; both dispatched and primarily “on view”. o Issued two citations for discharge of illegal fireworks and made one arrests for the Health & Safety Code violation of possession of illegal fireworks. Options for Reducing Illegal Fireworks •Eliminate all Fireworks within City limits Or combination of the following: •Undercover Sting Operations o “Buy Busts” using social media sites to identify sales/possession of illegal fireworks o Drone usage to identify residential areas having reported discharging illegal fireworks o “Sting” operations using unidentified City staff to patrol problematic neighborhoods, document and photograph discharge of illegal fireworks as evidence to PD for citation of L.M.C. violation. •Aggressive PSA campaigns o Flyers in utility bills to residents o Social Media PSAs o Distribute flyers to Neighborhood Watch groups, schools o Hold neighborhood workshops on fireworks safety, education on safe and safe vs illegal Options for Reducing Illegal Fireworks •Expansion of the Fireworks Task Force o Include non-public safety City staff o Mobilize volunteers •Publication of Offenders o Several California cities currently publicize the names of offenders •Designate specific zones for “Safe and Sane” discharge only •Increase Fines o The City of Oakland fines offenders $5000 - $10,000 found with large quantities o San Joaquin County code allows for charging violators for the storage transportation and destruction of any fireworks seized. •Reduce the timeframe of allowable discharge of safe and sane fireworks within City limits o City of Azusa allows safe and sane ONLY on July 4 QUESTIONS?