Loading...
HomeMy WebLinkAbout10/18/2004 B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITrEE of the City Council - City of Bakersfield Monday, October 18, 2004 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGE'NDA 1. ROLL CALL 2. ADOPT SEPTEMBER 20, 2004 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMI'rrEE RECOMMENDATIONS ON DOWNTOWN WEEKEND SAFETY ISSUES-REPORT OF THE AD HOC DOWNTOWN TASK FORCE B. REVIEW, DISCUSSION AND COMMrR'EE RECOMMENDATIONS RELATING TO CHANGES IN THE CITY'S FIREWORKS LO'R'ERY PROCEDURES/ORDINANCE 5. COMMI'I'I'EE COMMENTS 6. ADJOURNMENT B A K E R S F I E L D Alan' Tandy, City ger Sue Benham, Chair · Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, September 20, 2004 1:00 p.m. - City Manager's Conference Room 1. ROLL CALL Called to order at 1:03 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2, ADOPT AUGUST 23, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3, PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CHANGES IN THE CITY'S FIREWORKS LOTTERY PROCEDURES/ORDINANCE Finance Director Greg Klimko presented an overview of recommendations .included within his August 30, 2004 memorandum on fireworks. These. included the possible elimination of grandfathered permits; limiting the number of total permits allowed in the City or changing the ratio of permits to City population; requiring all permit holders to be non-profits (with a clear definition of what a non-profit is); limiting applicants to one per organization; considering increasing the required membership of the organization to 50 or some larger number; and identifying actual cost recovery for applications, inspection and enforcement. Additionally, consideration could be given to distribution of educational materials with fireworks purchases and the level of fireworks enforcement needed. Mr. Klimko recommends that the City do a full recovery of costs. City Manager Alan Tandy also mentioned the memo included the possibility of requiring organizations to provide direct and regular community services to the citizens of Bakersfield. Agenda Summary Report Legislative and Litigation Committee Page 2 Further discussions included: decreases in the numbers of permits over time; definitions of/for non- profits; dependence of non-profits on fireworks sales as fundraisers; application fees paid for every application regardless of whether an applicant is picked in the drawing; limits on numbers of applications per organizational unit and two-tiered approach in determining an acceptable application; designation of subgroup within an organization; splitting of proceeds among subunits within an organization; need for further research on tax exempt status; fairness; cost recovery; impacts on air quality; multi-year lottery drawings; and the need to quantify what is required in and for the application process. Several members of the public spoke on issues which included: their desire to keep their grandfathered status; if grandfathering is eliminated, then it should be done within a 2-6 year period; holding applications to one organization but realizing that different organizations have different processes for determining 501(C)3 status (i.e., umbrella 501(C)3 vs. individual unit 501(C)3); fireworks impacts on respiratory illnesses; desire for banning fireworks; problems with illegal fireworks; lack of ability to respond to fireworks calls in a timely fashion; shutting down legal fireworks will not stop the illegal ones; the need for the community to become more aware of the dangers inherent with fireworks; fireworks as a part of the culture of the country; and the influx of illegal fireworks from other areas if they are not allowed in the City. Fire Chief Ron Fraze pointed out numerous problems with allowing fireworks in the City, including modifications of legal fireworks, enforcement issues when residents use both legal and illegal fireworks, citation constraints, response times during the Fourth of July celebration period and fireworks use during other times of the year, including New Year's. He feels that if 300 cities in California .ban fireworks and don't have any illegal firework problems, why Bakersfield would be that much different. He clarified that his recommendation on a ban of fireworks applied only to the fireworks stands and not the big fireworks shows which are licensed by the State, permitted, and inspected.' There are four in the City, per Director of Prevention Services Ralph Huey. It was generally agreed that the issue of fireworks was complex and needed further study. Committee Member David Couch felt an important aspect is what Fire Chief Fraze and Police Chief Rector need in the street to deal .with fireworks sales in order for fees to reflect the real cost of recovery. The Committee asked staff to have at the next meeting a report from both the Fire Department and the Police Department about what they would like to see in terms of staffing and resources for the next July Fourth period in really firm numbers so that Finance can work that in to an analysis on how the costs would be recovered, adding that cost recovery for the application should be separate from that of inspection, etc. The Fire Department report should include in its report any conversations with the County, if any, on some kind of a uniform policy for the metro area; indicate where the Department is on the types of educational materials recommended and what can be done so they don't end up in the trash~ It should identify other issues it feels are important (i.e., limiting of fireworks at different times of the year); provide information available through the Air Pollution Control District relating to the extent that Fourth of July Fireworks affect air quality (comparing to a week before, a week after, a four-day period--measurements the APCD has available) and ~how long it takes for the air quality to get back to normal Agenda Summary Report Legislative and Litigation Committee September 20, 2004 Page3 Staff (Legal and Finance) should work together to clarify/define which organizations can apply for a- permit and should include a discussion on multi-year lottery drawings. Legal should ensure language is specific enough to include providing.direct and regular community service as a kind of cross check. The City Attorney should raise any legal concerns, including liability, and research legal concerns with-eliminating the grandfathering status,, including any relating to formerly conferred special status. Staff reports should contain, where applicable, one, two or three alternatives so that the Committee discussion can be very focused and productive. 5. COMMITrEE COMMENTS None. 6. ADJOURNMENT The meeting adjourned at 2:05 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager John Stinson, Administrative Analyst Trudy Slater; City- Attorney Virginia Gennaro; Fire Chief Ron Fraze, Director of Prevention 'Services Ralph Huey; Finance Director Greg Klimko, City Treasurer Cheryl Perkins; Assistant Police Chief Bryan Lynn; Risk Manager Pat Flaherty; and Assistant City Clerk Roberta Gafford. Others Present: Jerry Anderson, Roger Jobe, Ann Doland, Arthur Doland, DeeAnn Barricklow, David Rogers, Joe Austin, David Lomas, Cheryl Nelson, and James Burger MEMORANDUM CITY ATTORNEY'S OFFICE October 7, 2004 TO: LEGISLATION & LITIGATION COMMITTEE FROM: SUE BENHAM, CHAIRMAN ~ SUBJECT: SUGGESTED RECCOMMENDATIONS FROM AD HOC DOWNTOWN TASK FORCE The Ad Hoc Downtown Task Force was formed by this Committee on July 12, 2004 in an attempt to formulate solutions to the security concerns that exist in the downtown area, primarily on Thursday through Saturday evenings. The Task Force met monthly, and its participants included various members of the Downtown Business Association, the Alcoholic Beverage Control unit, the District Attorney's Office, the Chief of Police and members of his staff, the City Attorney, and myself. Some of the recommendations of the Task Force have already been implemented. For example, the Police Department has removed its weekly use of barricades at 19th and Eye Streets and has become more flexible in its deployment of officers to the area. Both the Police Department and the Downtown Business Association have expressed satisfaction of this concept. The Task Force believes that there are additional recommendations which can be implemented to further the goals of the task force. Specifically, they request that the Legislative & Litigation Committee support the following recommendations for City Council adoption: 1. That the cabaret sections of the Bakersfield Municipal Code be amended to require annual permits and the imposition of conditions at the renewal period. 2. That in the interests of community safety, there be a greater awareness amongst City staff when evaluating the PC&N and liquor license application process so that significant consideration be given to Department of Justice Part I Crime statistics and police calls for service. 3. That the Bakersfield Police Department and necessary City staff continue to meet with downtown bar owners and the DoWntown Business Association to meet their needs of appropriate Police presence. 4. That City Council work with the City Attorney'to develop and approve a community prosecution program in which the City Attorney's office will partner with the Distdct Attorney's office to insure that those who commit misdemeanor crimes that threaten our community's "quality of life" are held accountable for their actions. 5. That the Bakersfield Police Department pursue an agreement with the County/Westem Corrections Diversion Program in an effort to divert certain misdemeanor arrests to community services projects and to insure that there is a form of restitution for those who commit "quality of life" misdemeanor offenses. VG:do S:\GG\MEMO~enharn-Dwntwn Sec.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM October 14, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~.~¢.~,,' ,~ ~ SUBJECT: Fireworks Ordinance Related Suggestions At its September meeting, the Legislative and Litigation Committee directed staff to provide specific information at its October meeting so that the Committee's discussion could be focused and productive. Among other requests, the Committee asked 'Police and Fire to provide realistic cost estimates for enforce- ment relating to the Fourth of July (Fire cover memo $6,000; Police memo $3,386), sought a determination from the Attorney's Office on legal concerns relating to eliminating grandfathered permits, asked for Air Pollution Control District Data on air quality during the Fourth of July season, requested available information on the County's position on the sale and use of fireworks in the metro area (County suggests forming a review task force), and suggested that alternatives be provided for Committee review and discussion. The City Attorney's Office will make an oral presentation on the legal issues relating to eliminating grandfathered fireworks permits. The Finance Director's attached memo identifies major issues which staff generally agrees should be changed as well as alternatives. (Note: Option 1 in each category is the alternative which is recommended by City staff.) The numbers provided in the Finance Director's memo relating to Fees (page 2, Option 1) total $350. Within those amounts, his estimate of $100 for enforcement contains additional calculations for the numbers provided by Fire (which included the Police component) and by Police (for .Police costs alone). The Finance Director, based on information readily available, has estimated the total permit fees should not exceed $350. Further review, via the City's cost recovery system, would be necessary to further define these costs. After further review, staff believes that lottery drawing "stuffing" can be eliminated by redefining organizations eligible to apply for a fireworks permit to the "parent" organization, and further identifying that organizations must provide direct community service to the Bakersfield public,-must hold their regularly scheduled meetings within the city, and must be non-profits. Other suggestions offered for Committee consideration include: Distribution of fire safety brochures, authorized by the Fire Department, with the cost to be borne by the permit holder; Penalty provisions to be expanded to include administrative enforcement (fines) in the Fire Code in addition to possible criminal action; and Administrative changes to streamline new procedures (cost recovery assessments, necessary changes in application forms, etc.). These processes would not involve changes within the ordinance. Memoranda from the Finance Director, Fire and Police are attached. P:\L&L\M0410141 -Fireworks MEMORANDUM October 14, 2004 To: Alan Tandy, City Manager From: Gregory J. Klimko, Finance Director,/~ffJ~ Subject: Fireworks The Legislative and Litigation Committee last met on September 20, 2004 and discussed potential changes to the City's fireworks ordinance.. The committee directed staffto bring back recommendations and one or two altematives where applicable. Under the existing ordinance the City could issue 70 permits based on the standard of 1 per 4,000 population for the 2005 fireworks season. The permits would be distributed to 39 grandfathered permit holders and 31 non-profit organizations through a drawing. The 39 grandfathered permit holders are comprised of 3 for profit entities and 36 non-profit organizations (30 with 1 permit and 3 with 2 permits). The possibility of deleting the grandfathering clause and any legal or financial implications has been raised and will be answered separately by the City Attorney. One of the major issues has been the proliferation of applications by individual clubs or subgroups within a "parent" non-profit organization (i.e. grades 5, 6, 7, 8 and 9 within a particular school). This appears to have been done to increase the chance of the organizations success in the permit drawing. Staff recommends redefining the organizations eligible to apply for fireworks permits to the "parent" organization and also include non-profit, serving the public, clearly affiliated with the City and holds its regularly scheduled meetings within the City. The application should, among other items, include a description of the service to the public and numbers of public served. Other items for consideration are listed below which reflect the current ordinance and some options. Grandfathered Permits Current - 39 (for profit 3; non-profit 36) Option 1 - Delete commencing 2005 Option 2 - Delete commencing 2007 Number of Permits Current - Population cap: 1 per 4,000 (2005 = 70) Option 1 - Cap at 70 in 2005 and thereafter. Option 2 - No cap: Grandfather 39 plus 1 per non-grandfathered organizations (approximately 42) for a total of 81. Option 3 -No cap: 1 per non-profit organization (approximately 75). None grand fathered. Option 4 - Reduce 2005 cap of 70 by 5 each year or 10 each two year cycle. Annexed Entities Current - Prior year county permitted locations are in addition to population cap. Option I - Delete commencing 2005. Option 2 - Delete commencing 2007. 1 S:\KimG\Gregory\Memo - ATFireworks I 01104.doc To: Alan Tandy, City Manager Subject: Fireworks Permit Application Cycle Current - Annually Option 1 - Every 2 years. Option 2 - Every 3 years. Organization Membership Current - Thirty five (35) minimum Option 1 - Delete minimum Option 2 - Increase minimum to 50 Fees Current - Permit fee $101 plus electrical permit $40 Option 1 - Establish fees in accordance with the City's cost recovery system which should not exceed $350 including the following: I. Application Processing - nonrefundable - Estimate $40 2. Planning - Zoning determination - Estimate $20 3. Building - Booth & cleanup inspection - Estimate $60 4. Fire - Booth inspection - Estimate $90 5. Fire & Police - Enforcement - Estimate $100 6. Electrical Permit - Estimate $40 Additionally, the Fire Department has requested the following: 1. Distribution of Fire Safety brochures, authorized by the Fire Department. The cost to be borne by the permit holder. 2. The penalty provision be expanded to include administrative enforcement (frees) in addition to possible criminal action. 2 S :\KimG\GregorykMemo - ATFireworks 101104.doc BAKERSFIELD FIRE DEPARTMENT MEMORANDUM To: Alan Tandy, City Manager From: Ron Fraze, Fire Chief /'~/~" Date: October 06, 2004 Subject: Background Information on Fireworks Issues At the direction of the Legislative and Litigation Committee we have compiled the following answers to their questions. 1. A complete official legal description of illegal or dangerous fireworks See attached Health and Safety code Section 12505. 2. Safe and Sane fireworks most likely to be altered "Piccolo Petes" are the most abused legal fireworks. Their contents can be easily emptied into non-approved containers making an extremely dangerous device. In addition, their high-pitched sound can frighten animals leading to the large number of runaway dogs after the July 4th holiday. The "ground spinning device" is the second most misused legal firework. It is suggested to eliminate the sale and use of these two devices. 3. Air Pollution Control Board (APCD) According to the APCD, the air quality in Bakersfield on July 4, 2004 during the peak times fireworks were expended exceeded the Federal Health Standard by a factor of I0. Specifically, the one hour average of' 684 between 8-9:00 pm was ten times the Federal Health Standard (65 micrograms per cubic meter). Attached is data from the APCD regarding this issue. 4. Kern County Fire Department's position on the sale and use of fireworks in the metro area The County would like to see a task force formed with representation from the City Council, Board of Supervisors, community leaders and others to make a county-wide recommendation. An attached memo addresses this issue. 5. The cost and action plan for the enforcement of illegal or altered legal fireworks A comprehensive enforcement program targeting the possession and use of both illegal and altered legal fireworks isa daunting task. Given the population and square mileage or' our metropolitan area, we recommend 20 personnel (police and fire) working on special teams on the 4th of July. The cost would be $6,000. An attachment addresses this issue. 6. Education materials on the safe use of firewor.ks We recommend that the operators of fireworks booths be required to: 1) post in a conspicuous fashion fireworks safety material; and 2) give the .purchasers of fireworks a pamphlet on fireworks safety. Both items must be approved by the Bakersfield Fire Dept. HEALTH AND SAFETY CODE SECTION 12500-12534 12500. This part shall be known and may be cited as the State Fireworks Law. 12501. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part. 12502. "Advertise" means an announcement publicly with any 'sign, card, or notice, or by any other means, on which appears a person's name or business name style offering to sell or transfer fireworks or pyrotechnic devices, or to cause a person's name or business name style to be included in any classified advertisement or directory for the purpose of the sale or transfer of fireworks or pyrotechnic devices. 12503. "Agricultural and wildlife fireworks" means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy'of areas by animals or birds through the employment of sound or light, or both. 12504. "Flammable liquid" means any liquid whose flashpoint is 100 degrees Fahrenheit, or less, when tested pursuant to Standard D56-70 of the American Society for Testing and Materials. 12505. "Dangerous fireworks" includes all of the following: (a) Any fireworks which contain any of the following: (1) Arsenic sulfide, arsenates, or arsenites. (2) Boron. (3) Chlorates, except: (A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. (B) In caps and party poppers. (C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate. (4) Gallates or Gallic acid. (5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). (6) Mercury salts. (7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers). (8) Picrates or picric acid. (9) Thiocyanates. http://www.leginfo.ca.g~v/cgi-bin/displayc~de?secti~n=hsc&gr~up=~200I-I3~~~&file=I2 .... 9/22/2004 L-KCodes (hgc: [ 2500-12534) Page 2 of 6 (10) Titanium, except in particle size greater than 100-mesh. (ll) Zirconium. (b) Firecrackers. (c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including-all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge. (f) Sparklers mo're than 10 inches in length or one-fourth of one inch in'diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise.upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the Sta~e Fire Marshal pursuant to this part. (i) Torpedoes of all kinds which explode on impact. (j) Fireworks kits. (k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. 12506. "Emergency signaling device" means a pyrotechnic device designed and intended by the manufac.turer to be used as such and which provides a reasonable degree of safety to the user and does not create a fire hazard when used according to the label of instructions. 12507. "End fuse" means a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item. 12508. "Exempt fireworks'" means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. 12509. "Exporter" means any person who sells,'consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state. 12510. "Fire nuisance" means anything or any act which' increases, or may cause an increase of, the hazard or menace of fire, or which may obstruct, delay, or hinder, or may become the cause of any http://w ww. legin fo.ca.gov/cgi-bin/displaycode?section=hsc&group= 12001 - 13000&file= 12 .... 9/22/2004 CA.~ Codes (hsc: 12500-12534) Page 3.of 6 obstruction, delay,' or hindrance, to the prevention or extinguishment of fire. 12511. "Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, romancandles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks., aerial bombs, and fireworks kits. 12512. "Fireworks kit" means any assembly of materials or explosive substances,~which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of fireworks in Section 12511. 12513. "Importer" means any person who for any purpose does any of the following: (a) Brings fireworks into this state or causes fireworks to be brought into this state. (b) Procures the delivery or receives shipments of any fireworks into this state. (c) Buys or contracts to buy fireworks for shipment into this state. 12514. "Issuing authority" means any person who has the responsibility of evaluating the application for, and issuing, the permits required by Section 12640. 12515. "Label of registration" means the label of registration of the State Fire Marshal. 12516. "License"' means any nontransferable authorization granted' by the State Fire Marshal to engage in any activity regulated by .this part. 12517. "Licensee" means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570). 12518. "Manufacturer" means any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any person who assembles or fabricates any sets or mechanical pieces for public displays of fireworks, or http ://www. legi nfo.ca.gov/cgi-bin/di splaycode?section=hsc&group= 12001 - 13000&file= 12 .... 9/22/2004 CA, Codes (hsc: !.2500-12534) Page 4 of 6 persons operating within the scope of public display or pyrotechnic operator licenses. 12519. "Model rocket" means any toy or educational device which' weighs not more than 500 grams, including the engine and any payload, that is propelled by model rocket engines. 12520. "Model rocket engine" means a commercially manufaCtured, nonreusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user. 12521.' "Package" includes any case, container, or receptacle, used for holding fireworks, which is closed or sealed by tape, cordage, Or by any other means. 12522. "Permit" means the nontransferable permission Granted by the public agency having local jurisdiction to a licensee for the purposes of establishing and maintaining a place where fireworks, are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used, or the nontransferable permission Granted by the public agency.having local jurisdiction or by the State Fire Marshal to a licensee for the purpose of transporting fireworks. 12523. "Person" means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives. 12524. "Public display of fireworks" means an entertainment feature where the public or a private Group is admitted or permitted to view the display or discharge of dangerous fireworks. 12525. "Pyrotechnic compositions" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere. 12526. "Pyrotechnic device" means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual, mechanical or thermal effect designed and intended to be useful for industrial, agricultural, personal safety, http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group= 12001.13000&file= 12 .... 9/22/2004 CA Codes (hsc: 12500-12534) Page 5 of 6 or educational purposes. The term "pyrotechnic device" includes, but is not limited to, agricultural and wildlife fireworks, model rockets, exempt fireworks, emergency signaling devices, and special effects. 12527. "Pyrotechnic operator" means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of firewor-ks as authorized by the license granted. 12528. "Retailer" means any person who, a~ a fixed place of business, sells, transfers, or gives fireworks to a consumer or user. 12529. "Safe and sane fireworks" means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks." 12530. "Salesman" means any person who, as an employee of a manufacturer or wholesaler, solicits, accepts, or receives an order for fireworks for a licensee or permittee. 12531. "Sell" means any arrangement between two or more persons as a result of which there is a transfer of property for a consideration. 12532. "Special effects" means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with'television, theater, or motion picture productions, which may or may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction. 12533. "Wholesaler" means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees. '12534. "Within this state" means within all ¢erritory within the boundaries of this state. http://www.~eginf~.ca.g~v/cgi~bin/disp~ayc~de ?secti~n=hsc&gr~up= ~ 2~~ ~~ ~ 3~~~&~~e= ~ 2 .... 9/22/2004 Short Analysis of the July 4th, 2004 Firework Signature Meteoroloq¥ The morning surface analysis indicated a thermal Iow near Kingman, Arizona, with an inverted trough curving along the central valley of California. A strong high was centered 500 NM west of Oregon. At 12Z a +5.5 MB pressure gradient from Oakland to Las Vegas, creating a northwesterly flow across the San Joaquin Valley. By 0 Z, the pressure gradient had tightened to +6.5 MB, resulting in a moderate northwesterly flow of 8 to 10 MPH in the afternoon and early evening hours. At the 500 MB level, a strong high was positioned 300 NM west of Point Conception, with a ridge nosing northeastward toward Eureka. Weak troughs (short-waves) were traversing in the upper level flow pattern across the West Coast. The morning aircraft sounding from Fresno displayed a very strong inversion of 15 degrees Fahrenheit from the surface up to 1,500 feet. The profiler at Monterey depicted a moderate marine layer depth of 2,200 feet during the morning hours of the 4th decreasing to 1,500 feet by the 5th. Air Quality Table 1 reflects the BAM PM25, BAM PM~0, and TEOM PM~o particulate measurements taken at Bakersfield-California, Fresno-1st, Modesto-14th, Visalia-Church, Clovis-Villa, Corcoran, and Tracy. Table I 4th of July BAM2.5, BAM10, and TEOM10 Particulate Measurements BAM 2.5 BAM10 TEOM 10. Site Peak 1-hr. AVE Time of Sample 24-hr. AVE;Peak 1-hr. AVE Time of Sample 24-hr. AVE Peak 1-hr. AVE Time of Sample 24-hr. AVE AQI Bakersfield-CA 684 9 PM to 10 PM 58 * * * * * * 135 (PM2.5) Fresno - 1st 233 9, PM to 10 PM 31 261 10 PM to.11 PM 51 * * * 82 (PM2.5) Modesto-14th 182 9 PM to 10 PM 25 * * * * * 70 (PM2.5) Visalia-Church 175 9 PM to 10 PM 30 * * * * * * 80 (PM2.5) Clovis- Villa * * * * * * 108 9 PM to 10 PM 30 28 (PMIO) Corcoran 141 9 PM to 10 PM 19 273 9 PM to 10 PM 61 206 8 PM to 9,PM 41 58 (PM2.5) Tracy 18 8 AM to 9 AM 14 * * * * * * 45 (PM2.5) & 11PMto 12 AIV * * * * * * * · - Data Not Available Table 2: Identifies the hourly BAM PM2.5 measurements in micrograms per cubic meter at Bakersfield California for July 4th, 2004. Hour PM2.5 Hour PM2.5 0 9 12 11 1 10 13 9 2 9 14 10 3. 9 15 9 4 13 16 9 5 11 17 9 6 11 18 9 7 11 19 12 8 10 20 401 9 12 21 684 10 14 22 72 11 13 23 29 The pre-dominant pollutant captured in the air quality measurements on July 4th was PM2.$, as is evident in Table 1. A majority of the sample collected at the Fresno - 1 st, an urban site, was of the fine fraction, representing 60.78 % of the mass. Whereas, at Corcoran, a rural site, the sample showed more of a geological signature, with 31.14 % of the mass being coarse. The afternoon dispersion on July 4th was marked by adequate boundary layer mixing due to moderate northwesterly wind flow and mixing depths. Upon nightfall when firework emission activity increased and as the boundary layer and northwesterly winds began to decrease, particulate measurements elevated considerably between 9 and 10 PM, as is evident in Table 2. Albeit the highest 24 hour average PM2.s measurement recorded across the San Joaquin Valley at Bakersfield-California of 58 micrograms per cubic meter was below the Federal NAAQS, if dispersion conditions were worse during the afternoon hours we may have had an opportunity for a Federal 24 hour PM2.5 violation. Further investigation needs to be conducted to identify the chemical speciation of the samples taken on July 4th. DATE: TO: Chief Fraze FROM: Kirk Blair SUBJECT: Banning Fireworks I spoke with Chief Scott about banning .fireworks in the Metropolitan area. He told me that about two-thirds of the county currently falls under the ban of fireworks due to the 'potential for fire. Kevin's opinion was that if we were going to ban fireworks in the metro area that we should ban in all unincorporated areas. We discussed how the process would work. Officially, the Board and Council could approve a new ordinance to ban fireworks. Obviously this has complications. The best option is to form a task force to look into the pros and cons of banning fireworks in Kern County. It would have representation from both the City Council and Board of Supervisors. It may include representatives from other cities, fire departments, community .leaders and organizations. i'm not sure the time frame and particulars of such a committee but I think it would give the best opportunity to discuss fireworks rationally and come up with a recommendation that doesn't pit the Fire Department against the Council or community. Memorandum To: Chief Fraze I:rom: Dean Clason.~n~__......___ Date: 9/30/2004 I:le: Enforcement of Illegal Fireworks Given the population and area of the City of Bakersfield a comprehensive enforcement Program targeting the possession and use of illegal fireworks is a daunting task. The local fire agencies abandoned the practice of responding engine companies to reports of illegal fureworks years ago. The sheer number of calls resulted'in virtually every engine in the metro area being out of place, with engines responding out of their areas and resulting in increased or delayed response times for emergency calls. Consequently, the efforts of the Bakersfield Fire Department, in conjunction with the Kern County Fire Department have amounted to little more than symbolic efforts. To further exacerbate .the problem, the safety of department personnel has become a very real concern over the last few years. We no longer send individuals out alone to enforce illegal fireworks laws; therefore, costs go up and the number of "teams" put in service are reduced. By partnering with the PD, we should be able to field six teams in 2005, consisting of a BPD officer and one of our AP Captains or one of the four civilian inspectors. The twelve members of the teams will be on overtime, with an approximate cost for an eight hour shift being roughly $5,000.00. An eight hour shift allows the teams' time to muster before dark, have a briefing on the action plan and areas to be covered, and then patrol until midnight or so, with time for a de-briefing afterward. It is easy to see that six cars patrolling the 118 sq. miles of the city is marginal at best. We could add the four squads to the mix, which will help, but it will also increase costs. The cost of adding the four squads, each staffed with a captain and an engineer would add an additional '$2,300.00 to the aforementioned $5;000. for a total of approximately $7,300.00. Ten enforcement teams would be the largest focused effort ever put into service by the City of Bakersfield. There is no question-that the number of citations issued and fireworks confiscated would increase over past efforts. The impact of the enforcement would be enhanced if it were coupled with a Public Education program outlining the increased efforts in enforcement. I have attached copies of CaPtain Hollon's reports on investigation efforts over the past few years. TO: RON FRAZE, FIRE CHIEF THRU CHANNELS FROM: STEVE HOLLON, CAPTAIN DATE: July 6, 2004 SUBJECT: INVESTIGATORS ACTIVITIES ON JULY 3Rr~ AND 4TM . DETAILS OF EVENTS: Chief Fraze, On July 3' 2004 Captain Watts and I along with thirteen year old Colton Bryant (Dale's son) did a sting operations on the fireworks booth within the City of Bakersfield. The purpose of the operation was to find out which fireworks booth would sell fireworks to a minor. The Health and Safety Code states "no one shall sell Safe and Sane Fireworks to someone under the age of 16". The fine could be a maximum of $500.and or a maximum 6 months in County Jail. Twenty three firework stands were approached from Panama Lane and Stine Road in the Southwest to Oswe!l and Columbus Street in the Northeast. Out of the 23 booths, I am happy to report only two sold to Colton Bryant. A citation was issued to those two individuals who sold Colton the fireworks and the person responsible for the firework stands was spoken too. On July 4, 2004 Captain Watts, Captain Rios and I along with two County Park Rangers ,Tony Gary and Mark Stacy conducted a sting Operation at the Lake Ming Campgrounds between the hours of 20:00 hours and 21:30 hours. The sweep was made with two teams of two walking thru the campground and one Officer in his vehicle that was used as back up if needed. During the sweep 8 citations where issued and several various types of illegal fireworks confiscated. It appeared the most common type of illegal fireworks confiscated were bottle rockets. During my time there I observed several bottle rockets explode over the dry grassy areas around the campgrounds of which any one of them could have sparked a major grass fire that would have used a large number of fire resources to control and extinguish the tire. Ranger Gary estimated there where approximately 2000 people within .the Campground and "Day use only" area. After the campground sweep Captain Watts, Rios and I concentrated in the area of River Blvd. on the west, Columbus Avenue on the south, Fairfax on the east and Panorama on the north from the hours of 21:45 to 01:00. During this time frame an additional four citations and several warnings where issued along with my more fireworks confiscated. The Investigators stayed together for Officer Safety. As a note, this was my sixth year in the Investigation Unit working during the 4th. · It is my opinion this year was very effective and a great start in combating illegal fireworks considering the limited staffing of three. TO: DEAN CLASON, DEPUTY FIRE CHIEF. FROM: STEVE HOLLON, CAPTAIN, FIRE INVESTIGATIONS. DATE: MARCH 22, 2004 SUBJECT: FIREWORK RELATED CALLS AND CITATIONS ISSUED 1998 THRU 2003. 2003: Three teams of (2) two worked the 4th of July answering approximately 100 calls total. Six citations where issued by our office and we assisted engine companies with issuing 10 citations for a total of 16 citations. Our office responded to (9) nine fire calls due to fireworks. *Total damage approximately $ 30,000. *(1) juvenile was arrested for starting a vehicle fire w/ fireworks. 2002: Five teams of (2) worked the 4th of July answering in the neighborhood of 100 .to 150 calls. 38 citations issued by our office. Our office responded to (7) related fire Calls due to fireworks. · Total damage approximately $15,000. 2001: Six teams of (2) worked the 4th of July answering approximately 100 calls. 19 citations issued by our office. Our office responded to (4) related fire calls due to fireworks. *Total damage $225,000 damage. This large number was the result of a bottle rocket landing on top of a Multi-family dwelling causing approximately $200,000 damage. Page 2 2000: Five teams of (2) worked ,the 4th of July. Unknown number of calls. 7 citations issued by our office. Our office responded to (1) fire related .call due-to fireworks with (3) Juveniles arrested. 1999: Six teams of (2) worked the 4th of July. Unknown number of calls 14 citations issued by our office. Our office responded ~to (5) fire related calls due to fireworks. 1998: Six teams of (2) worked the 4th of July. Unknown .number of calls. 11 citations issued by our office. Our office responded to (2) fire related calls due to fireworks. BAKERSFIELD POLICE MEMORANDUM October 11, 2004 TO: Council-Member Sue Benham, Chairperson, Legislation and Litigation Committee FROM: D.S. Haskins, Lieutenant, Operation Division 'SUBJECT: .Police Personnel Costs for Staffing July 4, 2005 Fireworks Enforcement Ihave consulted with Deputy Fire Chief-Dean Clason and together we propose that six (6) Bakersfield Police Officers be utilized to team .up with Bakersfield-Fire Department Arson Investigators for a ten hour shift to address the enforcement of fireworks laws and ordinances. In addition, due to last year's fatal fireworks injury, and subsequent need for expertise in explosives investigations, we recommend placing three (3) officers and one (1) sergeant from 'the Police Department's Bomb Disposal Team on duty for three hours. The total projected cost to the Bakersfield Police Department for the six (6) police officers, the three (3) Bomb Disposal Team members and one (1) sergeant for the 2005 Fourth of July Holiday is approximately $3,386.00. OT 10% TOTAL # # POSITION WAGES POST PER HR OFFICERS HOURS TOTAL POLICE OFFICER (HOURLY RATE - STEP 5) $ 40.89 $4.09 $ 44.98 3 10 $1,349.37 SENIOR POLICE OFFICER (HOURLY RATE - STEP 5) $ 42.96 $4.30 $ 47.26 3 10 $1,417.83 $ 2,767.20 POLICE SERGEANT (HOURLY RATE- STEP 3) $ 49.40 $4.94 $54.34 I 3 $ 163.02 DETECTIVE (HOURLY RATE- STEP 5) $ 46.04 $4.60 $50.65 3 3 $ 455.81 $ 618.82 TOTAL · $ 3,386.02 $ 3,386.02