it f L I it - City of Los Alamitos

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e4genda
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it
October 20, 2014
Report
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To:
iVfayor Gerri L. Graharn- Mejia &
i/ia:
Bret M. Plaamlee, City Manager
Frorr:
Corey Lakin, Director of Recreafiion 8 Community Serviees
5ubject:
4`h of July Fireworks Options
I lembers of the C6ty Council
Surr rYlary: This agenda item provides the City Council with information about the two
iprevious locations of the fireworks display at the annual 4 h of July Fireworks
Spectacular event located at the Joint Forces Training Base ( JFTB) and responses from
the various stakeholders including the Joint Forces Training Base, City of Cypress, City
of Seal Beach and the Community of Rossmoor.
This item was first submitted to
Council on September 15, 2014.
Mayor Graham- Mejia requested it be postponed until
October. Council consensus was received to postpone the item without discussion.
Recomrtiendation:
1 . Discuss the options for the location of the fireworks display and provide Staff'
direction to staff as to how to proceed with future 4t" of July fireworks displays; and,
2. Action as Council deems appropriate regarding the 4th of July fireworks display,
including but not limited to the possibility of allowing Safe and Sane fireworks.
Background
The 4th of July Fireworks Spectacular began as a join4 effort between the cities of Los
Alamitos, Cypress, Seal Beach, the Community of Rossmoor and the Joint Forces
Training Base in 1988. In 1986, the Los Alarnitos City Council banned Safe and Sane
Fireworks in response to a City survey that indicated " that the majority [ of residents in
the City] are in favor of banning fireworks° ( City Council Minutes — 11l24/ 86).
Additionally, the City Council spoke of sponsoring a community fireworks display, which
came to fruition a year and a half later.
For 22 years, this annual event was free for all who attended end only in the last five
years has there been a $ 5 charge for parking, but stilB free for those who walk onto the
JFTB. More than 20, 000
people
annually
attend
the
event on
the Joint Forces
Training
Base to view live entertainment, sample the different food vendors, view vendor booths,
visit with sponsors, play in the Family Fun Zone, and view one of the longest and best
fireworks displays in the County.
Discussion
The last two years, the event was held on the tarmac and runways of the base, allowing
plenty of room for parking, vendors and spectators to enjoy the festivities. Previously,
the event was held just southeast of the main entrance to the Joint Forces Training
Base ( JFTB). The two different sites are shown on the attached map ( Attachment # 1).
The City Council has asked staff to provide information about the two venues on the
JFTB and receive feedback from the stakeholders on their thoughts of the two locations.
Below is a summary of the comments and attached are the letter and/ or emaiis from the
various entities invoived in coordinating, sponsoring, hosting and contributing to the
event.
Fireworks America
The last several years, the City of Cypress has contracted with Fireworks America to
present the 4 h of July Fireworks show. They work hard to present a spectacular display
of lights year-after-year all timed to music for the enjoyment of the thousands of
spectators on the Base. They present a 22- minute show, per the cities' request, and
operate within a Iimited budget of only $ 18, 500.
In a meeting between the City of Cypress stafF and Fireworks America, Fireworks
America stafF indicated that they are able to display the fireworks in either location, so
long as the Fire Marshall signs off of the show, but the size of the fireworks at the
previous location is impacted due to the proximity to the houses Bocated just north of the
Carrier
Row).
The fireworks are located approximately 500' south of the
residents' property line and since Orange County Fire Authority (OCFA) regulations
show
(
prohibit residences from being within the fallout zone, they would have to Iimit the size
of the shell. For each inch shell in diameter, the firework goes up approximately 100 feet
and has a minimum of 100- foot radius fallout zone surrounding the Iaunch site.
Therefore, a 3" shell shoots 300' into the sky has a 300' fallout zone and a 5" shell
shoots 500' into the sky and has a 500' fallout zone. Fireworks America has shot the
fireworks in both locations and stated that due to the prevailing winds and the vicinity of
the houses and spectators, they would recommend only using 3" shells in the previous
location to ensure the safety of the participants and home owners. Additionally, they
could use as large as an 8" shell on the tarmac. ( They can go even bigger ( up to 10"
sheil), but the cost and other concerns and requirements must be met that make it
nearly impossible to have shelis larger than eight inches.)
For reference, last year's show, with the number and size and type of fireworks is
provided as Attachment # 2. Fireworks America provided staff with a very rough low cost
estimate for the different sized fireworks to demonstrate the cost comparison:
4th of July Fireworks Location Options
October 20, 2014
Page 2
of
6
3"
4"
shell - $
5"
shell - $ 21
6"
8"
shell - $
35 each
sheli - $
70 each
shell -
10"
feasible)
8 each
$ 13 each
sheii - $
each
250 each ( but requires more setup and additional regulations, so it not
Orange County Fire Authority
Orange County Fire Authority ( OCFA) has provided the City with information on their
regulations and suggestions as if OCFA were the lead agency on approving and
overseeing the fireworks. Since the event takes place on the JFTB, the Fire Department
on Base has jurisdiction, however, OCFA assists the Base Fire Department and has
jurisdiction within the City of Los Alamitos outside the JFTB.
OCFA stated that with the use of 3", 4" and 5" shelis, the necessary " 500-foot radius
fallout zone is provided on the northern portion of the JFTB that does not include any of
the residential properties outside of the base property; therefore this show [the previous
location] would be in compliance with OCFA requirements. Considering the prevailing
wind direction from the ocean, [ OCFA] would recommend an additional 50- foot buffer..."
However, OCFA continues to state that the JFTB structures within the faliout zone need
to be reviewed to ensure they can withstand debris from the fireworks, as long as the
JFTB allows their buildings to be within the 500- foot radius. in other words, OCFA does
not allow any residences to be within the fallout zone and non- residential
structures/ buildings are allowed so Iong as the property owner grants permission
Attachment #3).
California Joint Powers Insurance Authority
Staff contacted the California Joint Powers Insurance Authority ( CJPIA) to review the
Memorandum of Understanding between the Cities ( Los Alamitos and Cypress) and the
JFTB to decipher liability for issues that arise during the event. CJPIA stated that
Ianguage in the MOU stating that any ciaims " arising out of or in connection with the 4tn
of Juiy Fireworks Spectacular" will be the responsibility of the Cities. Therefore any
claims from injuries or damage to person or property on the tarmac or dirt areas that
arise from the physical terrain or the fireworks or anything in between, will be up to the
Cities to defend themselves and the JFTB.
CJPIA also discussed the need to ensure those persons with disabilities need to be
provided proper accommodations in order to enjoy the event like anyone else. This
includes proper transportation of those in wheelchairs or who have difficulty walking
from the parking area to the event, whether located on the tarmac or in the area
adjacent to the JFTB entrance. Therefore, if the event is moved back to the previous
location, CJPIA recommends contracting with a licensed transportation company who
can provide insurance and who are licensed and trained on properly transporting
individuals with special needs, which the Cities have not done in the previous location.
4`" of July Fireworks Location Options
October 20, 2014
Page 3
of
6
This contract would cost approximately $ 3, 300 ( Attachment # 4) to provide enougn
transportation that the hundreds of individuais with special needs have an appropriate
wait time to transport them from the parking area to the event venue and back to their
vehicles at the end of the evening.
City of Cypress
The City of Cypress recommends " retaining the existing location for the fireworks." They
listed seven reasons for keeping the show on the airField including the size of the area,
costs for staff, equipment and water, liability, Americans with Disabilities Act compliance
concerns, parking, and shell size. Attachment # 5 is Cypress' response letter regarding
the fireworks location.
Rossmoor Community Services District
The Rossmoor Community Services District staff " reached out to the RCSD Board of
Directors for input [on the location of the fireworks display and event]. The consensus of
the RCSD Board is to continue to conduct the event on the Tarmac. The Board
unanimously agrees on this due to the amount of dust and gopher holes at the previous
location. They all agree the event is significantly more enjoyable on the Tarmac. As a
contributing event partner, [ they] thank you for taking the RCSD' s input into
consideration."
City of Sea/ Beach
The City of Seal Beach " supports retaining the current location for the fireworks show
for many reasons, including the fact that it accommodates a iarger audience; minimizes
Americans with Disabilities Act compliance issues; lowers liability risks; allows for a
larger fireworks
shell
to
be
used,
...
and increases efficiency and each of set-up,
dismantling." Attachment # 6 is Seai Beach' s letter responding to the
potentiai venue change for the 4th of July.
parking,
and
Joint Forces Training Base
The Joint Forces Training Base has decided " to keep the site of the show on the Los
Aiamitos Army Airfield ( LAAAF) for several reasons outlined in Attachment # 7. Some of
their reasons include issues wiYh the safety, security and emergency response in the
previous location, the structures within the fallout zone, and the congestion of vehicular
and pedestrian traffic in the previous location. The JFTB Fire Department also included
a more detailed description of the concerns they have with holding the event in the
previous location ( also included in Attachment # 7).
Parks, Recreation and Cultural Arts Commission
At the August 6t" Parks, Recreation and Cultural Arts Commission meeting, the
Commissioners heard a presentation by staff recapping the event. The Commission
discussed the event, providing recommendations to stafF on how to improve the event in
future years, and inquired about the petition to move the event. They formally made a
4t" of July Fireworks Location Options
October2q 201a
Page 4
of
6
motion to recommend to the City Council to keep the fireworks in the current location
due to it being better suited for the health, well- being and safety of the community. The
Commission proceeded to receive and file the item.
Residents of Carrier Row
There were severai residents from the Carrier Row neighborhood and beyond, who
presented the City Council with a formal petition asking the City Council to move the
fireworks show back to its original location, located just south of their neighborhood.
They stated that they " understand the pros and cons and are aware of the risks,
however, [they] prefer the previous Iocation..."
A(tematrves
There have been severai alternative ideas fioated around over the last several weeks to
help provide the City Council with a variety of choices. Should the fireworks remain at its
current location, the City Council could choose to increase funding to raise the height of
the fireworks dispiay. An alternative show for larger fireworks was provided by
Fireworks America ( Attachment # 8) to demonstrate the cost increase between a show
with larger shells ( 5", 6", 8° shells) from the current show (ground- Ievel, 3°, 4", 5" shells).
For the same cost as the 2014 show ($ 18, 500), a new, higher show, could be produced.
However, it would significantly reduce the number of fireworks from 2, 253 shells down
to 278 shells. An alternative solution could be to combine these two shows to create a
larger production that ailows for the 2014 show to be enhanced by an increase of 278
Iarger shelis to 2, 531 shells, costing an estimated $ 12, 000-$ 13, 000 more, increasing
the visibility to the residents outside the JFTB.
Staff can work with the JFTB and Cypress to consider moving the show to a different
area on the airfield. If the show was moved north east of the current Iocation, it may
provide for a better line of sight to those living in the Carrier Row neighborhood, since it
will be closer to their residences. However, this may negatively impact the sightline for
those in the Highlands neighborhood, Rossmoor and Seal Beach who surround the
JFTB. Additionally, depending on the staging/storage needs of the helicopters on the
tarmac and how many are stationed on the airfield during the event, moving the show
may not be possible.
Another idea is to provide a bus for residenYs in the Carrier Row neighborhood or those
waiking onto the Base to board and be transported to the fireworks display sight before
the 9: OOpm show. This would cost less than $ 500 per bus for four hours to take as
many trips as necessary from the front of the JFTB to the tarmac both before and after
the show so residents can come onto the JFTB, but not have to walk the nearly '/ 2 mile
from the JFTB entrance to Yhe tarmac.
Additionaliy, Mayor Graham- Mejia has requested Council have the ability to discuss the
option of allowing Safe and Sane fireworks on a temporary basis for two years.
Currently, Ordinance No. 492 prohibits the sal2, use or discharge of fireworks except at
a City- authorized public dispBay. Should the Councii wish to allow such, direction could
4thof July Fireworks Location Options
October 2Q 2014
Page 5
of
6
be provided to Staff to bring forward an Ordinance for consideration at a future Council
meeting. The Orange County Grand Jury released a report in 2007- 2008 entitled the
The Anatomy of Safe and Sane Fireworks Sales in Orange County." The report is
attached ( Attachment# 9) for reference purposes.
Fiscal Impaet
One of the goals of the 4`h of July Fireworks Spectacular since 2010 has been to have
the event revenue/ expenditure offset. Staff secured several sponsors again this year to
assist with this goal, raising $ 30, 000. The City of Seal Beach and Rossmoor Community
Services District contribute a coilective $ 14, 200 toward the event. A nominal parking fee
of $ 5 for vehicles that park on the JFTB for the 4t" of July Fireworks Spectacular also
helps to offset the current costs of the event. The Cities also charge for food vendors
and regular vendor space, and receive a percentage of the tickets sold at the Family
Fun Zone, in order to offset the cost of the event. With annual event expenditures
around $ 56, 000 and revenues totaling $65,000, the event has not cost the General
Fund any funding for the event's direct costs since 2009. The excess revenues have
been carried over for the past five years, helping to prepare for events after Republic
Services is no longer contractually obligated to contribute $ 15, 000.
Submitted
By:
l l. s ,
S <`
Corey
Director
Approved By:
u,
in
of
Recreation &
Community
Services
Bret M. Plumlee
City Manager
Fiscal Impact Reviewed By:
Glenn L. Steinbrink
Interim Administrative Services Director
Attachments: 1.
Fireworks & Event Location Companson
2. Fireworks America 2014 Show
3. Orange County Fire Authority Letter regarding Fireworks Display Location
4. Certified Transporfation Quote for Transporting Disabled Individuals
5. City of Cypress Letter regarding Fireworks Display Location
6. City of Sea/ Beach Letter regarding Fireworks Display Location
7. Joint Forces Training Base Letter regarding Fireworks Drsplay Location
8. Fireworks America Alternative Fireworks Show
9. The Anatomy of Safe and Sane Fireworks Sales in Orange County
4" of July Fireworks Location Options
October 20, 2014
Page 6
of
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Attachment 3
kYRk
ORANGE
K`'
COUNTY
P. O. Box 57115 Irvina CA 92619- 7115
f
Lori SmiU, Fire Marehal
FIRE
AUTHORITY
1 Fixe Authorit
Road Irvine CA 92602
714) 573- 6000
www. ocfa. org
9tJp-aic55t.
September 5, 2014
Mr. Corey Lakin
Director of Recreation and Community Services
City of Los Alamitos
Subject:
Review Outdoor Fireworks Displays at the Joint Forces Training Base, Los Alamitos
Dear Mr. Lakin,
Orange County Fire Authority( OCFA) stafF has reviewed the information provided by your office
pertaining to the 4`h oP July public fireworks display conducted on tihe Joint Forces Training Base( JFTB)
located in your city. Cunently, Che JFTB is considered federal land and is subject to federal standards for
outdoor firework shows. However, a similar firework show within the OCFA jurisdiction would require a
minimum 500- foot radius fall-out zone for shows that allow up to 5- inch shells. Rurthermore, all shows
within OCFA jurisdiction must be fired electronically— no hand fired shows are permitted.
Based on the infonnation provided, it appears that a 500- foot radius fallout zone is provided on the
northern portion of the JFTB that does not include any of the residential properties outside of the base
property; therefore this show would be in compliance with OCFA requirements. Considering the
prevailing wind direction from ocean, I would recommend an additional 50- foot buffer from the
residences abutting the south side of Howard Avenue, as we11 as a review of Che JFTB sYructures within
the fallout zone to ensure these buildings can withstand possible heated debris should the JFTB allows
buildings within the fallout zone.
National Fire Protecrion Association standards allow for buildii gs to be located in tl e
reworks' fallout
zone, so there are precedents for this type of set-up provided that the property owner grants pennission.
For exainple, die Buena Park School District grants permission to Knott' s Berry Farm with OCFA
concurrence to conduct firework shows that include a portion of the Walter Knott Elementary School
facIlity within the faliout zone. However, OCFA as U1e locai authorify having jurisdiction for the City of
Los Alamitos does not allow any residenYial buildings within firework fallout zones.
Thank you for allowing OCFA to review the JTFB fireworks display and for providing life safety services
for your community. If you have any addition questions or comments regarding outdoor fireworks or any
oYher fire prevention related activity, please ea11 or send an email message to kevinbassCc ocfa.or.
Kevin Bass
Assistant Fire Marshal
Community Risk Reduction Department
Area 1 office
714) 527- 9431
Serving Nie Cities of. A]iso Viejo• Buena Pack• Cypress• Dflna Point• Irvine• Laguna Hills• Laguna Niguel• Lagune Woods• Lake Porest• La Palma
Los Alamitos• Mission Viejo• Plucentiu• Rancho Sa ta Margarita• San C lemente• San Juan Capistra o• Sunta Ana• Seal Qeaoh• Stanton• Tustin• Villa Pazk
Weshninstu• Yorba Linda• and Unincorporeted Areas of Orange County
RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES
Attachment 4
eYtzfied T
anspo° tatio
Charter T' rip Con
City
Qf L. os
1•mation
e vices, Inc.
'
O1- 119119
xpq e5c a sy: meline Moya
tllamitos
3191 ICatella Ave
c.c.:
CII'052
roa:
Terms: P1'eply
CA
Los Alamitas
90720
i flX N»
ner:
Originating Nmnber
Le1ve Dace:
Satmday, July
ctivity L1fY
Bus T,ype:
aem, nAce:
04, 2015
Bus Size:
No Buses: &
ShU1f
Driver Request:
0
Pielt-
in
Destinntinn
l, ncntion:
Los Alamitos
Los Alamitos
Joint Po
roes
llrop Time:
Specinl Equipment:
Grnup:
Trip:
Number Pass:
Leave Time:
Picic- up Time:
Type Of
Saturday, Ju1y 4, 20l 5
24/ 36+ 7
Training
Joint Forces TG'aiuing Base
Base
Addi '
9.t IJLen S 1Y4tla Allf Remarks:
This Confir•»aniian Was I,asl Modtfiec And Pr°inted On Friday, Sepiembei- O5, 201 F
Pecs:
ISS"1' INIA' TCU" j gypsg
450. 00 =
1. 00
First 5 Hours
l. 00
Addirional Hours
75. 00
3, 14 =
Miles
2, 700. 00
450. 00
00
0. 40
0. 25%
4, 00%
sub- total
3, 150. 00
Califbruia POC Fees
7.$ 8
Fuel Surcharge
126. 00
stimated
6. 00
Net 7bta1
3, 283. 88
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Deposit Recieved
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BalanceDae
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Attachsnent 5
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September 9, 2d14
City of Los Aiamitos
Mr. Corey Lakin, Director of Recreation and Community Services
3191 Katella Avenue
Los Alamitos, CA 90720
Dear Mr. Lakin:
Thank you for the opportunity to provide input as part of the Los Alamitos City Council
review of the 4`h of Juiy fireworks show locations.
Given the timing of the review, the Gypress City Councii has not had the opportunity to
discuss the fireworks location and this response represents the staff opinion a d what
wauld be recommended to the City Council were this matfer to come before them.
Cypress supports retaining the existing location for the fireworks show because it:
Accommodates a larger audience
Requires less time and effort to prepare and demobilize
Is less expensive, requires less staff time and avoids watering down a Iarge
area of the base during a record- breaking drought
a
Avoids costly Americans with Disabilities Act complia ce challenges
Lowers liability risks
is more convenient to parking
Provides the opportunity for a more spectacuiar show as it allows a larger shell
to be used
Given the on-going scal pressures facing ail the agencies that participate in the joint 4'n
of July ceiebration, maintaining the current cost profile is aiso a high priority for Cypress.
Thank you agai
for soliciting Cypress' input and for your consideration of our
perspective. Please feei free to contact me at 714- 229-6688 if you have any questions.
s cer ly
Pe er" rant
City Manager
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Attachment 6
a
September IQ 2014
Mr. Corey Lakin, Director of Recreation and Community Services
City of Los Alamitos
3141 Katella Avenue
Los Alamitos, CA 90720
Subject: Location of Fireworks Show— Joint Forces Training IIase
Dear Mr. Lakin:
Thank you for affording the Ci
of Seal Beach staff the opportunity to review the proposed
change in venue for the annual 4 of July fireworks show at the Joint Forces Training Base. It is
our understanding that the City of Los Alamitos will be discussing the possibiliYy of moving the
display from the current location on the tarmac to the former venue near the front entrance of the
base.
The fireworks display is an annual event that many Seal
each residents and guests enjoy and
eagerly anticipate each year. It is also an event that our City Council has been dedicated to
financially supporting for many years. Many organizations have made great efforts to ensure the
safety and success of the event and the current location reflects those efforts.
The City of Seal Beach supports retaining the current location for the fireworks show for many
reasons, including the fact that it accommodates a larger audience; minimizes Americans with
Disabili6es Act compliance issues; lowers liability risks; allows for a larger fireworks shell to
be used, thus enhancing the overall effect of the display; and increases efficiency and ease of
set-up, parking, and dismantling.
Thank you for consideration of our input. Please feel free to contact me should you have any
questions or concerns. We look forward to future collaborative efforts with you and appreeiate
yom commitinent to our shared community.
Sincerely,
Jill R. Ingram
City Manager
Cc:
Seal Beach
City
Council
Attachment 7
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CALIPORNIA ARMY * ATIQNAL (} iiARD
JOINT PORCE9 TRA[ NLNG BASE
4522 SARATDGA AvENU4+
L03 ALAMlTpS, CALIFORMA 9Q720- 5165
562) 795-3040-- DSN 972- 209Q
NGCA- TSD- DC
9 September 2014
MEMORANDUM FOiZ RECORD
SUB7ECT: Locatiar qf 4°' of Juty Fireworks 5how at Joint' orces Training Basa
l. In response to a request by the Mayor and City Manager of Las Alamitos to ze-consider die location of
the Annual 4°i of July Fireworks show on ihe Joint Forces Training Base, tile Installation Commander a id
staff have decided to keep the site of the shpw pn fhe Los Alamitos Army Airfield( LAAAF).
2. Pacts related ta the dacision.
A. The previous lacation of the Firewarks show is the onty feasible alternative] ocation on the
Base narth of die fence- Eine befween the LAAAI' aEid the Main Cantanmaitt area That iocation has
several pra6lems affecting tl e Base' s inission of providing a safe and secure environment during events
thaT bring large numbers of the general public onta JF'T6.
B. Tl e canto ment area of 1PTB, whece the Fireworks show rvas heid every year prior[ a 2013,
creates problems wi8i cangestion af pedestrian and vahicle fraffic ftow. Recendy, the opening of the new
40`t' Htfantry I}ivisinn Headquarters building further restriets 6atEn types of traffic t ow in that area. The
parking lots, 3imited in number of spacas, make it difficult to maneuver emergency response vehictes
wh n large cro uds are present. While tbis was Miskarically a prabtem during the t'ireworks show, it is a
greacer probtem now dtte ta the presence of parkin curbs and eement barriers separating parking areas, in
addition io the presence of tJ e building itself, wh'tch takes a vay open area previousiy used during the
event.
C. TUe event has l istorically drawn several tfiousand visitors and over twa thousand vehiclas. The
congestion oP elricles in tl e same small fookprint.as fhe viewing area and additional attractions poses too
high a safety risk, particu(arly due ta lfrnifakions on routes for emer ency vehicles.
D, TI7e 4ran e Caunty Fire Aud arity' s guidance on safety" fail-ouY' radii for up to 5 inch
rockets severely restrio#s the area in whiel visitors can view tha fireworl•s. Additioually, several buildings
in tUe main cantonment area fal] within t&at footprint and pose too taigh a risk far fires.
E. Sea amchment from the 3FTB Fire IDepartment for additional deCails re[ ated to the issues of
safeiy, seour'rry, and emergeRCy response.
3. Point of contact for khis memorandum is 2he undersigned at{ 562} 795- 2096.
1 ATI-fAN C. RANGE
LTC, Mf CAARNG
Deputy
Commander, JFTB
LOS ALAMITOS 1FTB FIRE DEPARTMENT
CRASH/ FIRE/ RESCUE
a
4250 Constitution Avenue
s
P
los Alamitos, California 90720
RfiSC¢
562- 795- 2144
MINIMIZATION OF RISKS ASSOCIATED WITH THE 4th OF 1ULY FIREWORKS SPECTACULAR
LOCATED ON THE JOINT FORCES TRAINING BASE, LOS ALAMITOS, CALIFORNIA
Concerns of event site located on the North perimeter of the Joint Forces Training Base ( prior 2012):
Crowd Concerns
o
Difficult crowd control over large areas of uneven/ unpaved terrain limited access for people with
disabilities
o
The large areas of uneven/ unpaved terrain also increased the amount of inedical emergencies
o
involving fali victim including sprains, fractures, abrasions, and bruises ( 13 medicai aids were
reported in a 7 hour time span in 2010 during the event)
Area was extremely difficult to maneuver fire and security vehicles in the event of an emergency
Seeurity Concerns
o
Difficult crowd control and a increased need to secure buildings, vehicles, and storage areas from
guest having a Iarger access the these areas
o
Staging areas for additional resources in the event a large incident (emergency) were occupied by
food vendors and the family fun zone
o
Small confined areas are a major concern in the event of an emergency involving hazardous
materiais
Fire and Special Haaard Concerns
o
Fall out zone was underrated due to structure spacing at only 350ft (minimum requirement is 500ft
due to diameter of largest shell)
o
Spectator distance was only 625ft (recommendation of at least 1, OOOft in the event of an accidently
detonation of shells)
0
0
58 residential homes in the city of Los Alamitos located on Howard Street were in the California
State Fire Marshals fallout radius recommendations (almost twice as many homes could be
exposed during wind gusts)
13 JFTB structures were located in the California State Fire Marshals fallout radius
recommendations
0
30, 000 gallons of water were used as a preventative measure with short grasses in the area (there
were concerns for over use of water due to California drought)
o
Conditions in this area posed a liability to the fireworks of America, JFTB, City of Los Alamitos, City
of Cypress
Decreased risks of this event being relocated to the Los Alamitos Army Airfield ( 2013 and 2014):
Crowd Concerns
o
All areas are paved surfaces allowing access for people with disabilities
o
All areas are decreasing medical emergencies involving fall victim including sprains, fractures,
abrasions, and bruises ( 1 medical emergency during the 2013 event, 1 medical emergency during
the 2014
event)
o
Area has defined access that remain un blocked to maneuver fire and security vehicles in the event
of an emergency
Security Concerns
o
Crowd control becomes less of a concern for law enforcement in regards to secure buildings,
vehicles, and storage areas from guest have less access the these areas
o
Staging areas for additional resources in the event a Iarge incident (emergency) are now readily
accessible for responding emergency vehicles
o
Large area are still major concern in the event of an emergency involving hazardous materials,
however guest can be moved to a safe area in a much more rapid manner and the incident will
become much easier to mitigate
Fire and Special Hazard Concerns
o
FaII out zone now meets the minimum requirements ( with additional room) at 700ft (minimum
requirement is 500ft due to diameter of largest shell)
o
Spectator distance is now at 1, 240ft (recommendation of at least 1, OOOft in the event of an
accidently detonation of shells)
o
No residential homes in the city of os Alamitos located on Howard Street or any other residential
street are in the California State Fire Marshals fallout radius recommendations
o
Only 2 JFTB structures are located in the California State Fire Marshals fallout radius
recommendations (these are small unoccupied buildings with structure suppression present
o
No preventative measures are need for short grasses in the area ( there were concerns for over use
of water due to California drought at the previous site)
o
Conditions in this area pose a decreased liability to Fireworks of America, Los Alamitos loint Forces
Training Base, City of los Alamitos, City of Cypress
ACtachment 8
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AtCachment 9
THE ANATOMY OF SAFE AND SAiVE FIREWORKS SALES
IN ORANGE COUNTY
SUlVIMARY
Last Fourth of July taxpayers in Buena Park, Costa Mesa, Garden Grovc, Santa Ana and Stanton
paid a total of$ 188, 000 for extra police and fire services, primarily far enforcement of both legal
and illegal firewoxks activity. Safety officials, specificaliy police and fire personnel, in these five
cities are often overwhelmed in calls- for- service on this hotiday and many refer to sections of
their cities as resembling a" war zone" because of fireworks-related issues. Safety officials
contend that-the sale of Staze- approved" safe and sane" fireworks in these five cities contribute to
a significant inerease in illegal fireworks activity and add to the chaos of social disorder. This
activity spills over into adjacent cities where all fireworks are itlegal, causing safety ageneies in
those cities signiScant enforcement problems.
The 2007- 2008 Grand Jury found the fireworks permit process in these ciYies flawed in several
areas:
Some city administrators believe non-pirofit organization sellers are exempt from
collecring and remitting sales tax to the California Board of Equalization.
Non- profit organizations that sell legal fireworks and the wholesalers that distribute them
are nof required to hel pay the municipal cost of disposing of fireworks debris left on
public streets, sidewalks and parks, nor the additional costs for police and fire services.
No ardinances require sellers Yo advise fireworks purchasers that safe and sane fireworks
are illegal in any area of Orange County other Than in these five cities.
Most cities' ordinances do not require a post- sales period accounting from non- profit
or anizations detailing sales taY paid, net profit and the manner in which the proceeds
benefit the community.
Cities do not give non- profit organizarions encouragement or guidance to use in other
fiznd raising methods.
Most of these city couucils are reluctant to put the issue of fireworks sales to a citizen vote and
bave been equally reluctant to encourage a pubiic display of fireworks. Many safety officials
beiieve it would take at least three years to significantly deter illegal flreworks activity if the sale
of legal fireworks were baimed. The Grand 7ury recommends that these cities declare a minimum
three-year moratorium on fireworks sale to allow the safety officiais to better serve and protect
their citizens on the Fourth of 7uly.
REASON FOR INVESTIGriTION
The sale of legal fireworks is one of the mosf polarizing municipal issues affecting the five
Orange County cities which continne to allow this activity. It has pitted neighbor against
nei hbor, and associations and senior groups against non-profit organizations. Municipal and
County safety agencies are constanYly trying to combat ever-increasing social chaos, injuries to
citizens and destruction of properiy that are by-products of le al fireworks sales. The 1988- 1989
Orange County Grand Jury study discussed much of what was wrong witb selling legal fireworks
in Orange County. The issues raised continue to be an annual problem. That Grand Jury
Tl e ferm` 9egal fireworks" will be used Yhroughout this report in pLace of" safe and. sane"
I
recommended that the sale of 1ega1 fireworks be discontinued and that cities take a more active
role in encouraging Iocal community non- profie groups in raising fiuzds for their organizafions. A
few of the cities heeded the recommendations of the 1988- 1989 Gxand Jury, other cities did not.
Since the rancor regarding this issue has not abated, the 2007- 2008 Grand Jury decided that tbis
issue should be revisited with a more in-depth study and with an emphasis on how regulatioils
are implemeilted and sales are conducted in Orange County.
METHOD OF INVESTIGATION
Interviewed adsninistrative personnel and elected officials from Buena Park, Costa Mesa,
Garden Grove, Sauta Ana and Stanton.
Interviewed law enforcement persomiel and fire departmenC personnel from Buena Park,
Costa Mesa, Garden Grove, Santa Ana, Stanton and the Orange County Fire Authority, as
weil as some conTiguous cities.
Obtained and reviewed mtuiicipal ordinances, city council opinions, and safety agency
After Action Reports".
Interviewed officiais from the State of Califomia Board of Equalization; obtained and
reviewed reiated documentation.
Interviewed an officiai of the Counry of Orange Animal Care Services and obtained and
reviewed documenYation.
Obtained and reviewed city permits and applications from all non- profits to sell legal
fireworks in the cities of Suena Park, Costa Mcsa, Garden Grove, Santa Ana and Stanton.
Obtained and reviewed recapitulation reports detailing gross and net profits for the sale of
legal fireworks filed by non-profits.
Interviewed personnel from a Iegal fireworks wholesaler and oUtained and reviewed
documentation.
Interviewed an official from the County of Orange Resources and Development
Management Department.
Obtained and reviewed copies ofFair Political Practice Commission, Califomia form 460
campaign financial disclosures) filed by City Council members and candidates from city
clerks' offices.
Reviewed copies of Fair Politieal Praetice Commission Form 461, Major ponor and
Independent Expenditure Cominittee Statement as filed with the Califoruia Secretaiy of
State, www. sos. ca. gov.
BACKGROUND AND FACTS
The annual sale of legal fireworks in local cities continues to be one of the most polarizing issues
faced by cify governments. This issue annually pits neighbor against neighbor and retiremci t
associations and neighborhood watch programs against youth- oriented non- profit organizations,
often leading to angry eonfrontations in city councii meetings. Those against the sale of Iegal
fireworks lobby eity councils to place the issue before voters, a political process fi-equently
avoided by most city councils. The anti- sales grou s also eomplain that their communities suffer
great disruption and peril during the Fourth of 7uly holiday as a direct result of legal fireworks
sales. Those in favor of continuing the sale of legai fireworks flood city halls with allegafions
that local sports programs will be undone and claim that youth organizations will be innocent
victims and suffer the eonsequences. Politicai pressure is brought to bear from both sides. A11
2
involved citizens have an opinion and the issue Yends to be either black or wbite depending on
one' s point of view.
For years, local media have reporCed instances of citizens suffering significant injury or property
damage as a result of£ireworks activity. Whiie many of these were caused by the use of illegal
fireworks, others were caused by using legal firewarlcs or a combination of both. Fireworks in
the hands of an unsupervised child, a reckless disregard for safety, or the alteration of legal
firewarks are some of the causes of accidents related to legal fireworks sales. Interviewed law
ei forcement officers and fire officials are unanimous in their opinion that there is a very
significant escalation of illegal fireworks activity in cities that allow the sale of legal fireworks.
The detonatioli of illegal fireworks tends to be obscured when inCerspersed with the detonation of
legal fireworks.
When the 1988- 1989 Orange County Crrand Jury studied the sale of legai firewarks, it
recommendad that Che cities of Buena Park, Costa Mesa, Fullerton, Garden Grove, Orange, Santa
Ana and Weshninster take necessary steps to join the rest of the County in banning the sale of
legal fireworks in their jurisdictions. It also recoinmended that those cities take a more active
role in encouraging charities and civ'rc groups to replace the selling of ffreworks with alternate
fundraising methods. Fullerton, Orange and Westmiuster subsequently followed Yhe Grat d Jury' s
recommendation and stopped the saie of legal fireworks in their cities.
Currently, the sale of fireworks in Orange County is 1 gally conducted during the Pourth of July
holiday pei iod in five Orange County cities: Buena Park, Costa Mesa, Garden Grove, Santa Ana
and Stanton. These cities have existing municipal ordinances iegalizing the possession, sale aird
subseqnent detonation of 1ega1 fireworks. Possession, sale and subsequent detonarion of legally
sold firewarks are illegal in all other Orange County cities and all unincorporated areas. Legal'
fireworks are sold iis other southern Califomia counties with the exception of San Diego County
and any of its cities.
Permit Process
According to municipal ordinances, only a noi- profit orgauization may sell legal fireworks from
a code-approved fireworks booth. City requirements for fireworks sale ennits vary sli htly from
city to city, but each applicant generaily has tio compiy with the same basic requirements. The
non-profiY oiganizaYion musC:
Obtain designation as a cereified, legal non- profit From the State of Califomia
Pay a city pernvt fee and a sales booth inspection fee for building and safety, and
State Fire Marshal compliance
Pay an additional aimual State Fire Marshal fee
e
Show proof of insaranee with various amounts of coverage in case of property
damage or injury in the vicinity of the sales booth
a
Obtain a sales site, usuatty in a strip mall or oYher commercial location
Take delivery of the sales booth
Attei2d a meeri g with city officials to Iearn of any annual inunicipai code updates or
city council policy changes relating to the sale of legal fireworks
Obtain a Se11er' s Permit from the State of California Board of Equalization fox
required sales YaY collection
3
Take delivery of the product, supply a sales staff to sell tbe roduct aud dcteimine the
price they will cl arge for the product.
In reality, a non-profit organization, though corporately responsible for compliance with atl of
the previously stated mandates, does Iittle to meet these requirements ii dependently and uses
none of its finances upfront to pay for fees, services and products. With the exception of
supplying the sales staff, attending a mandatory meeting and agreeing on a recommended sales
price, all of the other requirements are satisfied as a" fee- for- service" by the fireworks
wholesalers.
Suppliers
Legal fireworks wholesalers are professionally- operated, for-profit businesses that provide
significant inducements and services to non-profit organizations. The wholesalers:
Assist the non profit with their 501 C( 3) filings with the California Secretary of SYate
to obtain non- profit seatus
Pay all permit, ins ection and other fees for the non- profit organization
Assist the non-profit with the various government fornis at d procedures to secure a
city permit to operate a fireworks sales booth
Provide liability insurance for the non-profit
Find a Iocation in the city for a fireworks sales booth
Deliver the booth
Supply the product
Provide all goods, fees and services at no up- front cost to t1 e non profit.
All sales of fireworks are based on consignment. The wholesaler removes the bootl and retrieves
the misold fireworks inventory shortly after the close of sales on the night of 7u1y 4th or early the
next day. W ithin seven to ten days following the close of the sales period, the wholesaler
itemizes the cost of their services, fees and product sales aud presenfs a bi11 for paymeut. Afrer
paying the wholesaler and rernitting the sales ta c collected to the California Board of
Equalization, the non-profit realizes its nec profit from the sales period.
When the non-profit takes possession of the legal fireworks for sale, the wholesaier suggests a
retail price for each individual item or packaged items. The wholesaler charges the non-profif
50% of the suggested retail price for the fireworks. The non- profit may sell the legal firewarks
for any amount over 50% of the suggested retail price. If the product is sold at the suggested
retail price,
the
non- profit earns a gross profit of
50%. If the legal firewarks are sold for less than
the su gestad reTail price, then tl e gross profit for the organization will be less. The non-profiT is
required to coIlect 7. 75% sales tax on each sale and remit the sales tax to the California Board of
Equalization. Of the 7. 75% collected, the state retains 6. 75% and 1. 0% is subsequently reinitted
to the city.
The Grand 7ury found that not a11 of the five ciries mandate that nonprofit sellers obtain a
California Soard of Equalization Seller' s Permit and show proof of doing so before being
allowed to sell legal fireworks. The Grand Jury found inconsistencies and confusion when
interviewing various city representatives. In one city the administration misfakenly believes that
it is the California Board of Equalization, and not the California Secretary of State, which grants
4
non-profit status to the organization. In another city the administration mistakenly believes that
non-profits are exempt from collecting sales taxes. Nevertheles, the California Soard of
Equalization mandates that a non- profit obfain a Seller' s Permit, collect 7. 75% tax on each
firework sale and remit the collected taxes. It is illegai for a non-pro£it to fail to remit sales tax.
The Grand 7ury found that different cities require different amounts of liability insurance
coverage for each fireworks bootb. One city requires a policy with Iimits of$ 100,000 per event
and a policy Total of$ 300, 000. Otber cities require liability insurance in the amc unt of
1, 000, 000.
Sales Activities
Cities do not monitor the sales activity in the booths. Non-profits poliee fhemselves to accurately
declare true and conect sale proceeds. Legal fireworks sales are largely a cash-aaid- cany
business, aithough the wholesaler will facilitate the non- profiYs abiliry to accept ATM and credit
card payments for purchases. The Grand Jury fomid that most cities faii to mandate a complete
and accurate itemization of sales and profits from the non-profit awarded a permit to operate a
fireworks booth. This lack of mandated filing may 1ead to underreporting sales or diverti g
income derived from sales. City officials are quick to point out that they have long suspected that
these violations probably occur with a few nonprofits, but ihey believe that most non-profits are
honest in thev dealings.
Net profits are calculated after up- front service fees aae paid to the wholesaler and unsold
product and' sales tax are remitted. The cost of these services can vary, depending upon the
location of the sales booth, flie amount of set-up monies paid out 1iy the non-profit, the amounY of
inventory sold and the degree of ancillary services, such as helping obtain non profit status or the
installation of ATM/ credit card machines in the booth. Those issues notwithstanding, the primary
purpose of fireworks sales is to make as much money for aii organization as possible. For most,
if not a11 non- profits, the annual sale of legal fireworks is the most significant, or perhaps the
only, fundraiser conducted in auy given year.
The Grand Jury has learned of signi'Ficant dis arities in some reported net income as shown by
actual uon- rofit sales ii 2007:
l
on- Prflfit
'
ross
Tncome
Net l come
Profit ;
3' mfii Percentage ;
A"
33, 601
4, 689
14%
B"
19, 026
6, 623
35%
C>'
22, 972
2, 128
9%
D"
34, 561
556
2%
E,>
21, 838
567
3%
Cities have long been suspicious about the stated purpose and goals of some non-profits. Some
cities require informatiou as to how non- profits spend their legal fireworks sales profits.
Generally, to receive a city permit a non-profit must be located within the city limits and require
ifs
than 50%,
to be citizens of the city. Each
organization' s stated goals must benefit the loca] citizenry. Cities often struggle with churcha certain percentage of
members,
usually
more
affiliated non-profits because some tend to use their entire profit for outreach programs that
operate outside the cify or even outside the country. Tl e causes of a few non-profits are so vague
5
that cities sometimes question the organization' s benefit to the local community. Each ciry iries
to weigh each non-profiC applicant on a case- by-case basis, with seniority often a deciding factor.
One non- rofit earned a net profit of$ 4, 689 and spent $ 3, 000 of the profit for a" state
convention." One church non-profif used its $ 6, 574 profit to pay the churcb mortgage. Another
non- profit used its $3, 974 profit to pay its annual insurance renewal. Some did not list how
protits were spent. Others gave vague and ambiguous answers as to how sales profits were spent.
Events occurred in Stanton last year that highlight the irony of fireworks sales. One city
councilman was listed on the front page of two fireworks sales permit applications, as an o
cer
of both Stanton Charifies and the Stanton Kiwanis Club. The first application was dated April 30,
2007, and the second was dated May 7, 200Z This same councilman, khen acting in his capacity
as the Mayor of Stviton, signed a city declaration stating that legal fireworks saies were a major
problein in Stanton: " Whereas, in recent years the Ciry of Stanton, along with neighboring
jurisdictions that peimit the sale of safe and sane firewarks, have experienced a dramatic
increase of complaints and disturbances associated with the discl arge of fireworks, both legal
and illegal, during the annual Foui-fh of 7uly celebration." as per Ordinance No. 935, signed on
May 22, 2007.
Politics
Both constituencies, those who support the sale of legai fireworks and those who oppose it, bring
political pressure to bear on local elected leaders. The sale of lega] fireworks is a controversial
issue that will not go away anytime soon:
On November 16, 1990, Costa Mesa fiad a citizen advisory vote regarding the ban of
legal firewarks sales. The citizens voYed to ban the sale by less than one percentage point,
but thc ciry council took no action because the vote was only advisory.
On April 22, 2003, the Buena Park city council took action aud voted 3- 2 to ban the sale
of legal fireworks. Iminediately afterwards, various non-profit organizations formed a
Political Action Coinmittee( PAC), supported by a legal fireworks wholesaler to put the
issue to a vote of the citizens. The PAC funded poliricai mailers, signage in the city,
phone banks and arganized opposition at city council meetings. One fireworks wholesaler
contributed $ 112, 800 in monetary support and$ 62,029. 73 in non-monetary support to
overturn the ciry counciPs decision to ban fireworks sales? The city had no legal
authority to fight the referenduin and Che ci2y council' s action was overturned by popular
vote in a special election oi2 Maa-cl 2, 2004.
The city of Garden Grove has long been ground zero for political pressure on this issue.
The American Association of Retired Persons( AARP) Garden Grove chapter,
neighborhood watch groups, and communify associations have continually ealled for the
issue to be put before the voters. The non- profits have been extremely vocal on the
o osite side of the issue, predicting dire fulancial consequences for local sports
programs and charities. The city comicil has baiked at allowing Yhe issue to be put before
the voters.
o
Offfcials in all 'five cities agree that if the issue goes to a ballot iniriative, the deciding
vote will be extremely close. Most esYimate the vote would be split almost 50/ 50.
Pe Form 461 Major Confributors filed wif tlie Califomia Secretary of State( www_sos. ca. gov)
6
The legal fireworks wholesalers are sophisticated business people and operate like any other
lazge corporation. At least one of the whoiesalers maintains a full-time lobbyist in Sacramento.
They are responsive to the concems of their clients, which tend to be the non-profit
organizations. They are also sensitive to the concems of opposition groups. In 2007, one
wholesaler artnered with the Santa Ana Fire Department Eo help finance and prc duce a DVD
along with printed iufonnation relating to firewarks laws and safe usage.
Wholesalers contribute to local elected officials' political campaigns. The Grand' Jury obtained
copies of Major Contributors fomis filed with the California Secretary of State, as we11 as copies
of solicitations from Ioca1 polificians and/ or their election committees, for calnpaign
contributions in the following amounts:3
2004
Friends
Lori
100
Mark Leyes for
500
Mark Rosen
250
of
Galloway
Assembly
for City Council
Bill Dalton for Mayor
Curt Pringle for Mayor
250
of
Claudia Alvarez for
Anaheim
250
Council
249
City
City Council
Bustamante for Ciry Council
Jose Solorio far
Carlos
249
125
Broadwater for Supervisor
500
Van Tran for
500
Linda Dixon for
249
Assembly
City Council
Richard Canroll for City Comicil
Steve Berry for Ciry Council
250
250
Rob Richardson for School Board
Rudy
Bermudez for
Assembiy
100
2004
250
2005
Friends
of
Eric Bever
100
Bill Dalton for Mayor
Claudia Alvarez for
250
City
Council
Friends
of
Janet Nguyen
Friends
of
Allan Mansoor
Van Tran for
Assembly
249
250
249
2006
1, 000
2006
Friends
of
Janet Nguyen
500
David Shawver for Supervisor
500
Jose Solorio for
500
Fortino Rivera
Assembly
for City Council
500
Friends
of
David Benavides
249
Friends
of
Allan Mansoor
249
Committee for
Friends
of
Patsy Marshall
500
Mark Rosen
250
3 Per Fonn 461 Major Contributors filed with the California SecreCary of State for Yhe years refcreiiced
7
2007
Friends
of
Allan Mansoor
Jose Solorio for
Friends
of
500
Asseinbly 2008
250
7anet Nguyen
Van Tran for
150
500
Asseinbly
TOTAL REPORTED
10, 818
Alternatives
The 2007- 2008 Grand. iury found that cities that allow the sale of Iegal fireworks do little to
encourage non- profits in finding other forms of fundraising. Churches, youth groups, service
clubs, and school districts in other Orange County cities use bingo games, band competitions,
candy and cookie dough sales, car washes, sale of sport logo items and community soticitations
and sponsorships to name a few methods. City officials are of the general opinion that it is the
only reason for so much resisfance by the participating non-profits is that they are reluctant to
forgo tbe quick revenue of firewarks sales, since tbis revenue requires little effort and no upfront cost.
The Gra d Jury found thaY the same city councils that allow the sale of legal fireworks and are
hesitant Yo put the issue before voters are uow relucYant to sponsor ar allow sponsorship of any
public display of fireworks. All these cities exeept Stanton have the public space available for
such displays. In the past, there have been public fireworks dis lays in these cities. Most
recently, Garden Grove helped sponsor a one-time fireworks display in 2006 as that city
eelebrated its fiftieth anniversary. Safety officials agree that a publia display in lieu of the sale of
le al fireworks is much safer and it is much easier to enforce traffic and crowd control. The
detonarion of pyroteclmics is mana ed by professionals. Public displays usually draw a friendly
gatheiing of families and community mernbers.
Fublic Safety Tssnes
Even the most ardent supporters of legal fireworks sales cannot deny that there is a dark side to
the detonation oFthese fireworks. Law enforcement offlcials, firefighters, paramedics, public
works employees and animal control officers deal with tbe worsf results of legal fireworks sales.
The Fourth of Juiy is the busiesY day of the year for all safety personnei, primariiy due to the sale
and use of legal aud illegal fireworks. They are constantly " running from call to call" most of
the day. Social disorder, injuries to} ersons and property, clogged streeCS where tbe free
movement of safety vehicles and rimely response to incidents are frustrated, littered public
sidewalks and public streets, debris- strewn catch basins and iuihealthy air that reeks of detonated
fireworks are all significant results of the sale of legal firewarks. The most common
characterization used by safety personnel when describing their community on the evening of the
Fourth of Juiy is " war zone." Another law enforcement offieiaPs description was " a two to three
hour window of controlled anarchy."
s
The Grand Jury found that fhe additional cost of public safety services for the Fourth of July
increased ta cpayer burden which is not shared by the non-profit organizations. Most of the calls
for service are firework related, for both legal and illegal freworks. In 2007, the added safetyrelated cost for Fourth of July enforcement was as follows:
BuenaPark
CostaMesa
Garden Grove
Santa Ana
Stanton
TOTAL
30, 000
18, 170
100, 000
34, 564
5, 217
187, 951
The Grand 7ury found that city and safety officials are unable to enforce some municipal
ordinances due to the sheer volume of illegal activity. For instance, most cities have an ordinance
prohibiting the detonation of legal fireworks on public streets, public sidewalks, city parks and
public thoroughfares. Despite these ordinances public areas are where most fireworks are
detonated. Unfortunately, a byproduct of detonation on public property is a significant amount of
expended fireworks shells that are not properly disposed of, or that are thrown info storm drains,
which aecumulate in catch basins. Stanton' s Public Works crews schedule no work for the entire
week following the Fourth of 7uly so that it can concentrate on cleaning debris from city sneets,
both mechanically and by hand. Other cities do not change the normal street sweeping scl edule
to clean the debris from the streets immediately. Rebarding the debris one ciry official said that
eventually, the wind blo s it away." Non-profits do not pay any of the cost for cieaning up the
debris left in public areas.
Safety officials stated that roving gangs come from as far away as San Diego to ignite illegal
fireworks in Yhe five Orange County cities, ali the while masldng their acrivities by integrating
with large crowds detonating legal fireworks. Most illegal fireworks are aerial. By the time
safety officials follow the vapar trails to the site of the illegal detonation, the offenders have
moved on to another area of tbe city. Public parks have become a prime iocarion for the
deYOnation of both legat and illegal fireworks. In response, cities have posted notices uid closed
public parks before sundown on the Fourth of July. The s rinkler systems are also activated to
deter anyone from coming into the parks. Aetivaring the sprinkler system in the public parks has
been an effective method of detertiizg aily fireworks activity at those locations. In 2007 legal and
illegai fireworks caused a peaceful gathering in a park to be disrupted. Local residents had
gathered in a public park in anticipation of viewin a public fireworks display in an adjoining
city. While fl at gathering was peaceful and largely made up of local Pamilies, a separate
gathering occurred in another section of the park. People began detonating fireworks, both legai
and illegaL Their activity drew a response from the local police department and the park was
evacuated. Subsequently, complaints were directed at the officers, instead of those who disrupted
the lawfui gathering by their detonarion of legal and illegal fireworks.
In another city, rival gang members fashioned shoulder-inounted grenade launchers out of PVC
pipe. The launchers were loaded with a combination of illegal firewarks and altered legal
fireworks. The gangs blocked the street with stolen shopping carts to im ede police response and
pcoceeded to have a" fire- fight" against each other.
9
It is not unusual in some neighborhoods to see rows of step ladders in the strects used to elevate
the detonation of legal fireworks for visual effect. According to one safety official, the smoke
can be so thick from fireworks detonation in some neighborhoods that it resembles an " eerie
fog." One senior citizen mobile home park was eompletely shut off from safefy services because
of persons detonating firewarks and blocking the entrance to the resid nces. Residents were
unable to enter or exit the mobile home park because of these blocked enhances.
A non-profit organization in one eity stopped selling legal fireworks as a fundraiser three years
ago when bottle rockets were shot over and af their booth on the Fourth of 7uly. According to
the non-profit' s manager, " Chemical bombs stronger than M80s exploded in the air and shook
our booth." Most board members of that non- rofit voted against selling fireworks as a result.
This non-profif determined that the sale of fireworks was not worth the potential injury to a cbild
and decided that it is safer to attend a public display ii an adjoining city.
Most of the five cities allow non- profits to se111ega1 fireworks from stands which are literally on
the border oP a neighboring city where any fireworks possession is illegaL Law enforcement
officials in one ciry prohibiting possession of legal fireworks often observe buyers purchasing
these fireworks and attempting to bi ng them into their city. Usually, the legal firewarks are
confiscaYed and the person in possession is issued a citadon.
Safety offieials in several municipalities abuttvzg the five cities that ailow Yhe sale of 1ega1
fireworks were asked if tbeir ciYies were affected by these sales durnig the Fourth of 7uly
l oliday. It was their unanimous opinion that the sale of legal fireworks significantly impacts
their cities. Last year, one city confiseated over 200 pounds of both Iegal aud illegal fireworks.
Although legally purchased in an adjacent city, every year there is an inerease in the illegal
detonation of fireworks in contiguous neighborhoods thae ban ehe possessiou of all firewarks.
Two beacb cities incur added expenses annually for placing signs along major thoroughfares
Ieading to and from an adjoinnig city that allows the sale of legal firewarks. Citizens are warued
against buying legal fireworks in an adjoining city and brin ing them into the beach cities. Even
so, each year the beach cities are negatively im acted by the illegal detonation of fireworks on
public beaches.
The Grand Jury found other situations where non-profits and cities seem to be innnune Prom
liability for allowing the sale of legal fireworks. Legal firewarks may only be sold to persons 18
years of age or older. Ciries have no requn ement to verify thc age of a purchaser of fireworks by
a valid government issued idenrification such as a driver license. Also, non-profits do not
provide sufficient information to purchasers as to where these fireworks are illegal to possess or
detonate.
Animal conh ol officers see a dramatic spike in calls for services on the Pourth of July and in the
days following bccause of an increase in runaway animals. The Orange County Animal Care
Services agency is confident that the primaiy reason for the inerease in runaway animals,
particularly dogs, is the use of legal and illegal fireworks. Aniinals easiiy get confused and
frightened and Yry to escape thcir homes when Ioud, shriil noises, such as the" Piccolo Pete" and
other freworks are detonated. It is natural for animals to seek shelter away from an area where
any type of pyrc technic is being detonated. Wl en runaway animals are impounded their owners
may ineur significant costs to retrieve their pets.
l0
The Grand Jury fouud safety officials to be unanimous in tbeir opinion that the sale of legal
fireworks should be banned. Their use contributes to the injury of persons, usually children, and
the destruction of private and public property. Legal fireworks also masks the use of illegal
fireworks in the community and often contributes to a disruption of public order. Police officials
believe that they could significantly reduce the usage of illegal fireworks if the sale of legai
fu'eworks were banned. Many esrimate that it would take a proximately three yeaxs to curb the
current cultnre of public disorder on the Fourth of July if sales were bumed.
The Orange County Fire Chief's Association incorporated their view of legal fireworks in their
4`" OF JULY POST ACTION REPORT 2007." In it the President of the Association wrote:
Even with aggressive public education and enforcemeut efforts, the public,
as well as the public safety agencies and hospitals, continue to be adversely
impacted by the use of State- approved ( so- called" Safe and Sane") and
illegal fireworks. Sased on the data we have collected and evaluated, our
surveys show little or no decline in roperiy loss or injuries over several
years. fi steaci, the use of nc n- State approved( illegal) fireworks continues to
climb, aaid when combined with injuries and damage resulting from the use
of State-approved consumer fireworks, has created a situariou where the
occun ence ofproperry damage and personal injury exceed that of any
holiday period. These consequenees stretch public safety resource
capabilities and adversely impact tbe ability to meet the emergency demands
for service in a timely and efficient manner."
FINDINGS
In accordance with California Penal Code sections 933 and 933. 05, each finding will be
responded to by the government entity Yo which it is addressed. The responses are to bè
submitted to the Presiding Judge of the Superior Court. The 2007- 2008 Orange County Grand
7ury has arrived at the following findings:
FZ
Nat all cities that allow the sale of legal fcreworhs require applicants to show proof of a
valid Seller' s Permit issued by the State of Cali(ornia Board of Equalization.
F-2.
Cities laave varying requirements,for legal, reworks applicant' s liability insur^a ace
amounts that need to be re- examined fov appropriate cover^age.
F-3.
Cities do xot reyuire legal fireworks sellers fo file a post-sales report to the ciry
documenting gross and net saJes offireworks detailing the manner and in what
amouiats the net profits are spent to benefit the community ar d en,ruring that the cities
veceive their one pereen[ share of the sales tax.
F-4.
Ciiies do notprovide sufficienf inforniation and encouragement to fireworks selle^s to
seek otlaer methods offundraising.
F-5.
Some cities are reluctant to put the issue of legalfzrewovks sales to the vofers in their
cities.
11
F-6.
Some cities are reluctant to sponsorfree public displays offii^eworks m^to solicit
sponsoring partners,from businesses or ieigh bo z xg cities in lieu of the sale of
fireworks.
F- 7.
Fireworks seUers do not shar^e thefiraancial buvden of added law enforcement,,fire
safety and public wovltis costs incun^ed by cities, in large pai t due to the sale of legal
f reworks.
F-8.
Cities tlo not require fireworks selle^s to advise all purclaasers tkat it is illegal to
detonate legally soldfirewovks in any area of Orange County other than in the
incorporated city limits of Buena Park, Costrz Mesa, Garden Gvove, Santa Ana and
Stantor.
F-9.
Safety officials cannot enforce all laws and municipal ordinances r^ega^ding the iUegad
use of legalfir^ewor^ks due to the large vo[ ume of activity on the Fourth of.Tuly.
F-10. The use of illegal fireworks is significantlj greater in cities tlaat allow the sale of legal
f'ZYCWOYItS.
lII. The use of legalfirewowks can mask the use of illegal fireworks.
F-12. Safety officials ave of the opinion that legalfireworks sales should be banned in the
irzterest ofpublie safety.
F-13. Safety officials can signiftcantly cuvb the use of i[legal fireworks in these cities within
three years if the sale oflegalfiYeworks were banned.
Responses to Findings F- 1 through F- 13 are required from the mayors of Buena Park,
Costa Mesa, Garden Grove, Santa Ana and Stanton.
Responses to Findings F- 9 through F- 13 are requested from the police chiefs of Yhe cities of
Buena Park, Costa Mesa, Garden Grove, Santa Ana and required From the Orange CounEy
Sheriff-Coroner Department.
Responses to Findings F- 10 through F- 13 are requested from the fire chiefs of the cities of
Costa Mesa, Garden Grove, Santa Ana and required from the Orange County Fire
Authority.
72
RECOMMENDA'I'IONS
In accordance with California Pena1 Code sections 933 and 933. 05, each recommendation will be
respond d to by the government entity to which it is addressed. The r sponses are to be
submitted to the Presiding Judge of the Superior Court. Based on the findings of 2his report, the
2007-2008 Orange County Grand Jury makes fhe following recommendations:
R- I.
Require allfireworks applicants, as pai^t of the pevmit application process, to show
proofof a valid Seller' s Permit issued by the California Board ofF,qualiZation.
X-2.
Requi^e allftreworks applicanfs, as part of the permit application process, to show
p^oof of current liability insuran ce in amounts not less than $1, 000,000.
R- 3.
Kequir^e allfireworks applicants to file an accurate after-sales fi cancial report with the
city documenting gross sales and net praFts offireworks detailing the nian er and
amount in which the net profit is spent to benefit the cornmunity
R- 4a.
Require all ftrewoi^ks applicants, as pavt of the permit applieation proces,r, to file a
detailed accounting of additionad fundraisi ag efforts conducted over the course of the
previous year other than fireworks sales.
R- 4b. Eneourage cities to become more pro-active in encouraging and firewoi ks applicants
to fi id other fundraising oplions, in Zieu of rewor^ks sales.
R- 5.
Let the issue of legal fireworks sales be decided by the vote^s in each city.
R- 6.
Invite area businesses, civic groups and/or neighboring corarnunities to join with the
city to sponsov a public fireworks displrry in lieu off rewovks sales.
R- 7.
Increase the permitfee to offset the extr^a costs of[aw enforcements services, fire
services and public works in tlie enforcemerat of municipal cades and subsequent
clean- up af debri,s offireworks deton ation in public ar•eas.
R- 8.
Require al[.ftreworks sellers to arlvise allpuvcha,sers, both verbally and in ivruten_form
that it is illegal to deforzate legally purehasedfireworks in any area oT Orarcge County,
other than in the incorporated city Zimits ofBuena Park, Costa Mesa, Garden Grove,
Santa Ana a d Stanton.
R- 9.
Deelare a moratorium offcreworks sales for at least three ac• more consecutive years in
the cities of Buena Park, Costa Mesa, Garden Grove, Santa Ana, rcnd Stanton to aUaw
law enfor^cement and,fire offieials in these cities the oppor^tunity to curb the escalating
use of illegal firewor/rs acfivity. ( This recommendation arises from Findings F-9
through F-l3)
Responses to Recommendations R- 1 Yhrough R- 9 are required from the mayors of Buena
Park, Costa Mesa, Garden Grove, Santa Ana and Stanton.
13
REQUIRED RESPONSES:
The California Penai Code specifies the required permissibie responses to the findings and
recommendations coiitained in this report. The specific sections are quoted below:
933. 05
a) For purposes of subdivision (b) of Section 933, as to each grand jury fmding the responding
person or entity shall indicate one of the following:
1) The respondent agrees with the finding.
2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding thaY is disputed and shall include an
expianation of the reasons therefore.
b) Far purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the
responding person or entity shall report one of the following actions:
1) The recoinmendation has been nnplemented, with a summary regarding the
implemented action.
2) The recommendation has not yet been iinplemented, but will be implemented in the
future, with a timefi-ame for implementation.
3) The recommendation requires fizrther analysis, with an explanation and the scope and
parameters of an analysis or study, and a timeframe for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the publie agency when applicable. This
timeframe shall not exceed six months from the date of publication of the grand jury
report.
4) The recommend'arion will not be implemented because it is not warranted or is not
reasonable, with an explanaCion therePore.
14