SR - - POSSIBLE REPEAL OF PROHIBITIONpP 0R._
AGENDA ITEM
April 8, 2014
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sible
City Manag
FROM: Irma Hernandez, Deputy City Mgr
Robert Zornado, Chief Clerk
ReviewedNerified By: --
City Manager,.-"" -
Finance Director r
To Be Presented By:
Cons Calendar _
City Mgr Rpts
Council Reports _
Legal Affairs
Boards /Cmtes _
Public Hrgs
X Admin Reports
Plan/Environ
i. SUBJECT
Discussion on repealing Orange Municipal Code Section 8.13.010, Fireworks Prohibited, and
allowing the sale and use of Safe and Sane Fireworks within the City of Orange.
2. SUMMARY
Staff is to returning to Council, as directed, for further direction regarding the possible placement
of a measure on the November, 2014 ballot, asking for the repeal of a fireworks ban in the City
of Orange; and allowing the sale and use of Safe and Sane Fireworks in the City of Orange.
3. RECOMMENDED ACTION
Seeking Council Policy direction.
4. FISCAL IMPACT
The Orange County Registrar of Voters estimates the cost for one initiative item in the
Consolidated General Municipal Election on November 4, 2014, is $8,000.
5. STRATEGIC PLAN GOAL(S)
3. Enhance and promote quality of life in the community: e) Develop and strengthen
collaborative partnerships to enhance and promote quality of life programs, projects and services.
ITEM q • � 1 4/8/14
6. GENERAL PLAN IMPLEMENTATION
Not Applicable
7. DISCUSSION and BACKGROUND
Measure L was narrowly passed in November 1990 by the voters of the City of Orange with
15,727 voting yes and 15,247 voting no. Measure L prohibited the sale and use of safety
approved fireworks in the City of Orange. The adopted Ordinance, which created Chapter
8.13.010 of the Orange Municipal Code, was amended in 1995 to separate out from the Uniform
Fire Code, the fireworks section, which reads:
The manufacture, sale, or use of State - approved Safe and Sane Fireworks as currently
defined or thereafter amended by State statute is prohibited in the City of Orange except as
provided for and authorized by the California Fire Code as currently adopted and hereafter
amended in the Orange Municipal Code.
Since Measure L was specifically linked to an ordinance, the only way to rescind the fireworks
prohibition is through another ballot measure.
As directed by Council, staff has researched the timeline, and the costs, to place a Safe and Sane
Fireworks measure on the November, 2014 General Municipal Election ballot. The Measure
would repeal Chapter 8.13.010, which prohibits Safe and Sane Fireworks. The following
outlines the deadlines for placing an Initiative on the November 4, 2014, ballot. The dates in
bold are the deadlines for an Initiative, per the County Registrar of Voters. The dates in italics
are dates Council action is required pertaining to this ballot measure:
May 13, 2014 Council to review draft ordinance
June 10, 2014 Council to approve Ordinance allowing the sale and use of Safe and Sane
Fireworks
June 27, 2014 Last day for Council to approve Ordinance allowing the
sale and use of Safe and Sane Fireworks
July 08, 2014 Council Resolution approving the Initiative for 11 /0 4114, General
Election and designating Council member to write supporting argument
July 08, 2014 Last day for the Council to approve Resolution
adding the Initiative to the 2014 ballot
ITEM 2 4/8/14
July 29, 2014 Last day a member of the City Council can submit a
300 word argument in favor of Initiative
July 29, 2014 Last day a member of the public can submit a 300 word argument in
opposition
August 6, 2014 City Attorney to submit an impartial analysis for the sample ballot
August 8, 2014 Final ballot language submitted to Registrar of Voters
November 4, 2014 Election day
The City Council may approve the specific resolution and write the argument at any time prior to
the deadlines, but must adhere to all deadlines given by the County Registrar of Voters in order
to qualify for the November, 2014 General Election in bold above.
It is important to note that there are many steps in the process which will need to be coordinated
through the City Attorney's Office to ensure compliance with State voting guidelines. The
Orange County Registrar of Voters estimates the cost for one initiative item in the consolidated
General Municipal Election on November 4, 2014, is $8,000. The estimate is based on the
number of voters in the previous General Election, plus 10 %, and may fluctuate. Staff is
estimating the total election costs for the Mayor's seat, two Council seats, and one initiative, are
estimated at $85,400 — $106,400.
As stated in previous discussion on the use of Safe and Sane Fireworks, the Orange City Fire
Department (OFD) does not support the removal of this ordinance/ban. Since the repeal of
fireworks in 1990, OFD has seen a significant decrease in firework- related injuries, property loss,
and damage. Last year, OFD in cooperation with Orange Police Department fielded over 150
calls for fireworks- related service and/or enforcement with the current ban in place.
With the City recovering from the recession and in the midst of a three -year drought, any type of
fire- related activity — drastically — increases the risk of fire and amplifies the enforcement,
prevention, and incident costs to the community. Firework sellers do not share the financial
burden of added law enforcement, fire safety, and public works costs that are incurred by the city
due to the sale of fireworks. In approving Safe and Sane Fireworks, the community will open the
door to illegal and unsafe fireworks, further increasing the fire hazard risk. Safety officials cannot
enforce all laws and municipal ordinances regarding the illegal use of fireworks due to the large
volume of activity on the Fourth of July.
ITEM 3 4/8/14
OFD estimates that staffing cost for July 4 with Safe and Sane Fireworks to be approximately
$51,000. The cost estimate is based on a worst case scenario related to weather, wind, and
number of fireworks booths approved. The estimate does not include Police or Public Works
costs for enforcement and post 4th clean-up (street sweeping). As also discussed was the
possibility of allowing fireworks only in the specific areas, specifically west of the 55 Freeway as
a way to keep fire away from some of the City's areas with large open space vegetation. While
staff appreciates a proposal that tries to limit fire potential, any proposal to allow fireworks west
of the 55 freeway opens the entire City to Fire hazards. If fireworks stands are permitted on
Tustin Avenue, it makes it nearly impossible not to sell them to citizens headed east. Not to
mention the confusion that will entail from where they are legal and where they are not,
enforcement will be difficult, if not impossible.
In 2014, there are seven cities in Orange County that permit the sale and use of fireworks:
Garden Grove, Costa Mesa, Santa Ana, Westminster, Buena Park, Fullerton, and Stanton. In
addition, the City of Villa Park conducted a two -year trial basis for both 2013 and 2014 allowing
the sale of fireworks. Further, Villa Park will be placing on the November 2014 a ballot measure
asking their residents to allow the continued sale of Safe and Sane Fireworks. Huntington
Beach's trial period is over and the fireworks ban is now in place.
As indicated in the timeline above, staff would want direction from Council on this issue as soon
as possible, in order to begin the development, and staff coordination in preparing the proper
ordinances, and resolutions and meeting election requirements.
8. ATTACHMENTS
NOn,-,
ITEM 4 4/8/14