The URL can be used to link to this page

Home My WebLink About5.1 Consider Sale of Fireworksor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL August 20, 2013 Honorable Mayor and City Councilmembers CITY CLERK File #650 -60 Joni Pattillo City Manager""' Citizen Request to Consider Sale of Fireworks within the City of Dublin Prepared by Chris Foss, Assistant City Manager and Jacqui Diaz, Special Projects Manager EXECUTIVE SUMMARY: The City Council received correspondence from a Dublin resident requesting that the City Council discuss the sale of fireworks within the City of Dublin at an upcoming City Council meeting. FINANCIAL IMPACT: Not applicable. RECOMMENDATION: Staff recommends that the City Council receive this report and provide direction. Submitted By Assistant City Manager DESCRIPTION: The City Council received electronic correspondence from Mr. and Mrs. Massetti, dated July 4, 2013, regarding fireworks in Dublin (Attachment 1). The residents had requested information and background specifically on the sale of fireworks within the City of Dublin. On behalf of the City Council, the City Manager responded with the brief history of fireworks sales and the existing ordinance. As background, the only fireworks that are permitted in the City of Dublin are Safe and Sane Fireworks; all other fireworks are illegal without a permit. Illegal or "dangerous" fireworks are defined by the California State Fire Code are those that explode and leave the ground. Common dangerous fireworks are fire crackers, bottle rockets, airborne fireworks, and sparklers. Safe and Sane fireworks are distinguished from dangerous fireworks in that once lit, they do not explode or leave the ground. There has been an increased use of illegal or Page 1 of 2 ITEM NO. 5.1 dangerous fireworks throughout the Bay Area region. This may be due, in part, to online and out of state purchases, which are difficult to curtail and enforce. Since the City's incorporation in 1982, there have been two (2) Advisory Measures on the ballot regarding the sale of fireworks in Dublin. Advisory Measures (Election Code 9603) can be called by the legislative body (City Council) for the purpose of allowing voters within the jurisdiction to voice their opinions on substantive issues, or to indicate to the local legislative body their approval or disapproval of the ballot proposal. The two elections occurred in 1982 and 1988. The 1982 measure (Measure X) asked Dublin voters "Should the City of Dublin enact an ordinance which would prohibit the sale of "Safe and Sane fireworks" within the city limits ?" The November 2, 1982 vote was: Yes 1,746 and No 2,489. The 1988 measure (Measure 1) asked Dublin voters "Should the City Council of the City of Dublin enact an ordinance prohibiting the manufacture, sale and use of "Safe and Sane fireworks "? The June 7, 1988 vote was: Yes 1,575 and No 1,689. A resident may directly request the City Council consider repealing the Ordinance which allows the sale of Safe and Sane fireworks. This may be done in writing, or in person at a City Council meeting. Should the City Council decline to take an action to repeal the Ordinance, residents have the option to follow the required process in order to place an initiative measure on an upcoming Special or General Election. At the residents' request, this matter has been brought forward for the City Council to discuss and provide direction, if any. NOTICING REQUIREMENTS /PUBLIC OUTREACH: Mr. and Mrs. Massetti were notified of this item. Staff has also notified all community groups that applied for the fireworks booth lottery this year, as well as the fireworks providers. ATTACHMENTS: 1. Email correspondence from Mr. and Mrs. Massetti Page 2 of 2 Jacqui Diaz From: Jacqui Diaz Sent: Monday, August 05, 2013 8:43 AM To: Jacqui Diaz Subject: FW: Firework Sales in the City of Dublin From: Joni Pattillo Sent: Tuesday, July 09, 2013 4:15 PM So: David Massetti Cc: Chris Foss; Jacqui Diaz; Tom McCarthy; Caroline Soto Subject: RE: Firework Sales in the City of Dublin Mr. and Mrs. Massetti, Good afternoon and thank you for your response regarding your desire to have the matter brought before the City Council. Per your request, the topic of fireworks being sold in Dublin will be brought before the City Council at the August 20`s meeting. The meeting will begin at 7 p.m. here at City Hall. This matter will be placed under New Business and you are welcome to speak at that time. In terms of the number of officers assigned to work on July 4h, I have looked into the matter with Dublin Police Commander Tom McCarthy. Each year the department prepares a plan which is used to determine the number of officers to be deployed on July 4h, based on data from previous years. This year an additional staff of 14 officers and one Sergeant were added to the staffing already in place. The officers were deployed as follows: six assigned to the West side of Dublin, four to the East side of Dublin, and four were assigned to patrol the parks which were designated as areas where "Safe and Sane" fireworks were allowed. An additional Sergeant was also dedicated to the West and one to the East to manage and provide oversight to the calls and responses. Dublin Police experienced an increase in the use of illegal fireworks last year in two areas of the West side of Dublin. Therefore they added an additional Sergeant and two officers specifically to the West side as part of the response plan developed, based on information gathered from July 4, 2012. In reviewing this year's response plan and actual events, the department has determined that additional officers will be needed in 2014 to patrol two areas of West Dublin which continued to have a significant increase in the number of incidents of illegal fireworks. As a follow up, the police department will be contacting those involved to remind them of the consequences of using illegal fireworks. I wanted to assure you that additional police staff were deployed that evening and that Dublin Police will take your concerns into consideration when they plan for next year. Best Regards, Joni Pattillo City Manager C r, r ar DUBLIN Dublin 11 P Joni L Pattillo City Manager City of Dublin I loo Civic Plaza I Dublin, CA 94568 (925) 833 -6650 I (925) 833-6651 FAX jonLpattllJ0 @dublin.cag4v. I www.du lin.ca.goy Follow us on Twitter: @DublinPIO Mission Statement: The City of Dublin promotes and supports a high quality of life which ensures a safe and secure environment that fosters new opportunities. From: David Massetti Sent: Saturday, July 06, 2013 9:11 PM To: Joni Pattillo Cc: Don Biddle Subject: Re: Firework Sales in the City of Dublin Dear Ms. Pattillo, Thank you for your response. Can you please accept this email as my request to the Mayor and City Council to prohibit the sale of "Safe and Sane Fireworks." Others cities in the Tri- Valley area recognize the benefits to their communities in banning ALL fireworks, perhaps our elected officials may also. Finally, many of us are concerned of the lack of police that were patroling the westside of Dublin on July 4th where many illegal fireworks were set off. We personally walked a 2 mile radius in Silvergate area, including the streets of Rolling Hills and Creekside and there were no police patroling any of the areas until calls were made to the police department by ourselves and our neighbors. Sincerely, David & Marlene Massetti - -- On Fri, 715!13, Joni Pattillo <Joni.Patd110 dublin.ca. ova wrote! From: Joni Pattillo <Joni.PattiiloOdublin.ca.gov> Subject: Re: Firework Sales in the City of Dublin To: * Date: Friday, July 5, 2013, 9:03 PM Dear Ms. Massetti, Thank you for bringing this matter to the Council's attention. I completely understand your concern of safety for your neighborhood and property with regards to fireworks. The City prepares in advance for the 4'h of July festivities by making certain that there are fire and police resources necessary to protect citizens in the event of an incident. The only fireworks that are permitted in the City of Dublin are Safe and Sane Fireworks; anything else sold or used would be considered illegal. I would specifically like to address your concerns about permitting the sale of fireworks in Dublin, and thought it would be helpful to provide you with a brief history. There have been two (2) Special Elections with an Advisory Measure on the ballot regarding the sale of fireworks in Dublin (1982 and 1988). Advisory Measures (according to Election Code 9603) may be called by the legislative body (in our case, the City Council) for the purpose of allowing voters within the jurisdiction to voice their opinions on issues, or to indicate to the local legislative body approval or disapproval of the ballot proposal. The results of both Advisory Measures indicated that the voters did not want the City of Dublin to enact an ordinance prohibiting the sale of fireworks. If you or your neighbors desired to have the sale of Safe and Sane fireworks banned in Dublin, you can request the City Council (in writing or at a Council meeting) to prohibit the sale of Safe and Sane Fireworks. If the Council declined to do so, you could then contact the City Clerk's Office in order to get the necessary information regarding filing a Notice of Intent to Circulate a Petition, as part of the process of placing a measure on the ballot during a general election or a special election. Thank you again for taking the time to contact the Council and I hope this has been helpful. If you have any further questions, please feel free to contact me at (925) 833 -6650. This number may also be used for the City Clerk's Office, should you be interested in getting more information. Respectfully, Joni Pattillo City Manager •