HomeMy WebLinkAboutStaff Report 4.B 02/23/20044's
CITY OF PETALUMA,'CALIFORNIA
AGENDA BILL
e brucr y _ C0 04
enda Title:
Meeting Date: February 23, 2004
esolution Approving, an Fireworks Sales and Enforcement
Activities and Budget for 2004 Fourth of July.
Meeting Time X 3:00 PM
❑ 7:00 PM
Category (check one) Consent Calendar ❑ Public Hearing New Business
X Unfinished Business ❑ Pres � tation
EN
t Department
DhVt to
Contact Person
Phone Number
Fire Department
n
Michael Ginn
Albertson 778 -4390
hief
Fire Marshal
Ginn 778 -4468
Cost of Proposal A total of $,15,244:00 will be ,required to .fund
' ,Account Number and Name of
the education and enforcement program. The fireworks distributors
Fund:
and booth applicants have agreed to share the cost of funding the
program.
Various police and fire sections for
Amount Budgeted This is a cost recovery item. Expenses incurred
overtime and public education.
from implementation of the Education and Enforcement Plan will be
captured by revenue collected from f reworks booth applicants and
distributors.
Attachments to Agenda Packet Item
Agenda Report
In RW Resolution authorizing implementation.of the program
3. Budget detail for education and enforcement campaign
Summary Statement
The Council authorize, as it did last year, approval of the Fire Department's recommendation to pass a
resolution recovering the cost for implementing, the fireworks Education and Enforcement Plan (The Plan).
The main elements of The Plan accomplishment two'broad priorities:
® Continue to allow 'the sales,,,and use of state approved fireworks that benefit non -profit organizations
and several grand.fathered;.for profit operations.
® Secure aggressive e to curtail the possession and use of illegal fireworks and mis -use of
state approved ..,fireworks during the Fourth of July holiday period.
,Implementation of. the' main elements of this year's Plan are unchanged from last year's proposals
excepting several improvements in the public education media; alternatives - informing the public of the
fireworks enforcement protocols. The budget,represents is a 14% increase over last year's fee. This is due
to a combination of'increased salary costs and public education media alternatives.
Recommended City Council Action /Suggested Motion
Pass the resolution adopting the - fireworks Education Enforcement Plan budget to recover the cost of
implementing the rogram "this Fourth of July s
Aeviewed by Financ _ Direetor:
RevieNfed b V ne .:
A rove ` Citv Manager:
ate: _
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te:
Date:
ay 's Date
Revision 4 and Date Revised:
File Code:
41
January 23, 2004
mg /firework sreso approving enforcement fees
2004
i�
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CITY OF DETALITMA, C A LIFORNIA
FEBURARY 23, 2004
AGENDA REPORT
FOR
Resolution Approving an Fireworks Sales and Enforcement Activities and Budget
for 2004 Fourth of July.
EXECUTIVE SUMMARY
This is the third year the Council approved the Fire Department's recommendation to pass a resolution
funding the Education and Enforcement Plan. This allows the'. continued sales of state approved
fireworks and provides an enforcement mechanism for the possession and discharge of illegal fireworks.
This proposal will accomplish two priorities:
• Continue to allow the sales and use of safe and sane fireworks
• Secure aggressive enforcement of the possession and use of illegal fireworks and miss -use of
state approved fireworks during the Fourth of July holiday period
2
•
3
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BACKGROUND
The dangerous nature of all fireworks and their potential to cause injury and property damage are two of
the reasons the Fire Department would desire an outright ban on all fireworks sales and use. On August
18, 2003, the Fire Chief requested the Council discuss and consider a ban. The Council voted to
continue to authorize sales of state approved fireworks. A task force was formed to review and discuss
six specific issues generated by the wholesalers /retailers to improve the education and enforcement plan.
On January 5, 2004, a status report was presented by the Fire Chief reviewing the findings and
recommendations of the task force. The Council voted to accept the recommendations. This resolution
authorizes the Fire Chief to continue with last year's Education and Enforcement Plan and carry forth
the recommendations from the task force.
The Enforcement element of the Plan is unchanged excepting adjustments to the fees for salary increases
of staffing the enforcement teams. The education portion will include several new elements over last
year's efforts. The two most notable changes are sending educational flyers in all 18,500 water bills to
city residents informing them of safety measures for the use of state approved fireworks and a warning
to discontinue of illegal fireworks discharge. The other education element includes half page adds in
both the Argus, Currier and Petaluma Sections of the Press Democrat with the similar education and
enforcement and education information. There will be an increase in public service announcements
regarding the same.
This resolution is part one of two of the task force recommendations. A new code admendment banning
"piccolo pete" whistling fireworks devices is the second element of this Plan and will be presented to the
Council as an ordinance change.
ALTERNATIVES
1. Not approving The Plan will limit the fire and police department's ability to legitimately handle the
volume of calls for service without impacts to the General fund that is already stretched.
2. Ban safe and sane fireworks. On 8/18/03 the Council voted to continue with the sales of state
approved fireworks. As of this date, a ban is not an option up for consideration.
4. FINANCIAL IMPACTS
Fees paid by the fireworks manufacturers /distributors and each of the booth applicants underwrite the
cost for funding the educational and enforcement elements of The Plan. The total budget required to
fund the program is $15,244.00 (see budget detail attached). This amounts to a fee assessment of
approximately $692.00 per booth. A 14% increase over.last year's budget. The $692.00 will be equally
split between the 22 fireworks booths and the manufacturers /distributors. The total out of pocket
expenses to the. non-profit organizations is $346:00 per booth. The fireworks distributors will front the
total amount due to the Fire Marshal's Office at the time of permit application.
5. CONCLUSION
Implementation of this proposal .continues to permit non= profit organizations to sell fireworks, while at
the same time providing a funding mechanism for the police and fire departments'to launch an education
and enforcement campaign to address illegal f reworks possession and discharge.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS' °OR COMPLETION:
• Begin implementation of the Education campaign in late May early June
• Send flyers and notices to target neighborhoods identified last year with'illegal fireworks problems
and put them on notice of the enforcement position. .
• The enforcement teams to respond to calls for service specifically related to fireworks use'
• Track statistical data and report on the program's successes and failures in fall of 2004.
7. RECOMMENDATION
The Council approve the -resolution authorizing the fireworks Plan supporting implementation of the
program and the fee increase to fund the program.
g: /forms /2003 agenda bill
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FIREWORKS EDUCATION AND ENFORCEMENT
RESOLUTION
Resolution No. N.C.S.
of the City of Petaluma, California
WHEREAS, the City of .Petaluma currently is one of over 228 communities throughout California, and. one of
five cities in Sonoma County (Santa Rosa, Rohnert Park, Petaluma, :Sebastopol, and Cloverdale), that permit the
sale, possession and use of State Fire Marshal- approved fireworks (statutorily known as Safe && Sane fireworks)
each 4 of July; and,
WHEREAS, the Office of the California State Fire Marshal has indicated that formal and informal
incident reports from local fire departments throughout the state, and the anecdotal reports of elected
representatives of local government throughout California, indicate that most California communities are
encountering not only an increase in the amount of dangerous, 'illegal fireworks being sold and used in their
communities, but these illegal devices appear to be more sophisticated and potentially more dangerous than
items that have been seen in years past; and,
WHEREAS, a number of communities throughout California, including the City of Petaluma, have
46ork ted "Zero Tolerance" enforcement and public education programs to address the growing use of illegal
in their communities; and,
WHEREAS, the track record of these "Zero Tolerance" enforcement and public education programs
demonstrates that there has been a dramatic decrease in the total number of fires and losses caused by
dangerous, illegal fireworks and without exception, both police and fire departments in these communities feel
that it was not only the right direction, but the only direction to go; and,
WHEREAS, these "Zero Tolerance" enforcement and public education programs have many consistent
components, including dedicated patrols of police and /or fire department personnel exclusively assigned to seek
out, cite and,''if necessary, arrest those dealing in the sale and /or use' of dangerous, 'illegal fireworks within their
community; and,
WHEREAS, 2004 marks the third year of this successful, cooperative program; and,
WHEREAS, these same public safety officials have concluded that a "Zero Tolerance" enforcement
qwblic education program must be consistent) implemented in the City of Petaluma; and
Y P tY ,
WHEREAS, the City Council of the City of Petaluma has considered these factors and the
recommendations of their public safety personnel and have determined that it is in the best interest of the
citizens of the City of Petaluma to continue to institute the "Zero Tolerance" enforcement and public education
program; and,
WHEREAS, such a `.`Zero Tolerance." enforcement „and public education program is not expected to
completely eliminate the public safety issues arising from illegal, fireworks, usage,, the. program is expected to
greatly improve the public health and safety and make enforcement of fireworks laws more effective and,
WHEREAS, the fireworks wholesalers have agreed to advance the necessary RiAds on behalf -of both
themselves and the non- profit groups at the time of application for the booth permits.
NOW, THEREFORE, BE IT RESOLVED; that the City Council of the City of Petaluma does hereby
authorize the Petaluma Fire Department and Police Department.to conduct enforcement'patrols on or around the
4 of July and. to” enact a "Zero Tolerance" enforcement and public education effort in the ;Cit'y of Petaluma as - it .
relates to the possession, use and sale of illegal fireworks and explosives and ,the misuse state- approved
fireworks within the City of:Petaluma. It further approves :the budget-in the amount of $15244.00 prepared by
the.Fire Department to recover the costs.,of implemeriting the education and enforcement plan.
BE IT FURTHER RESOLVED, that the Petaluma Fire Department and Police Department shall
cooperate with the four other jurisdictions in Sonoma County (Rohnert Park, Santa Rosa Sebastopol, and
Cloverdale) which permit the sale and use of state- approved fireworks , in a coordinated ",Zero Tolerance"
enforcement and public _education program within Sonoma County.
Under the power'andmithority conferredlo
REFERENCE: I hereby 'certify ihe.foregoina Resolution was
of the City of Petaluma at a.Regular meeting on
by the following vote
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
bythe Charter 'of'sE
by the
[
,Approved as °to Council
form:
City Attorney
r -0- 1
Mayor
Resolution No. NCS
°r
PETALUMA FIRE MARSHAL'S OFFICE
FIREWORKS EDUCATION AND
ENFORCEMENT BUDGET
(1/22/04)
Public.Education Enforcement /Materials: $3612.00
❑ Replace fireworks banners stolen from in front of fire station in.2003 and
one spare ($400.00)
• Public Service Announcements on Radio and Newspaper ($1,200)
• Public Education. materials provided by fireworks wholesalers
• Fireworks enforcement flyers to be distributed via water bills to all
residences in the city in May and June — total 18,500 @.10 each ($4,8500.00)
o Fireworks public education signs on city busses — provided byfireworks
wholesalers
❑ Postage for fireworks enforcement letters (2,125 for VFHSZ, 880 for
enforcement letters) — ($1,112)
Non - Combustible Storage Locker (three month ,rental):
❑ For confiscated fireworks storage before disposal ($400.00)
❑ Disposal of confiscated fireworks ($600.00)
Personnel Costs for Fireworks Enforcement Teams:
❑ Five (5) enforcement teams of `two persons each
and one supervisors (1) team.
o 5 - 6 hours (from 7:30 pm to midnight or 1 am)
❑ Work order rates @ overtime w /salaries and benefits
o 4 hours each night for one team to conduct enforcement on
7/1, 7/2, 7/5, 7/6
❑ Hire back two Public Safety Dispatchers to handle call volume
❑ Overtime costs for court appearances of officers (20 hours)
Total
$850.00
$5598.00
$3080.00
$684.00
$1420.00
$15,244.00
With 22 fireworks booths — Average cost per booth $692.00. The fee last year was $600.00.
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