SR-102307-8C~~
~;tYof City Council Report
Santa Monica
City Council Meeting: October 23, 2007
Agenda Item: ~ ".~
To: Mayor and City Council
From: Barbara Stinchfield, Community and Cultural Services Director
Jim Hone, Fire Chief
Subject: Information Regarding the Impacts of Fireworks Displays and
Recommendation to Deny the Pending Request for Fireworks on Santa
Monica State Beach fora Private Event
Recommended Action
Staff recommends that due to noise impacts, public safety and environmental concerns,
the City Council deny a request for a fireworks display at a private event at the Jonathan
Club on November 3. 2007.
Executive Summary
On October 9, 2007, Council received a request for approval of a fireworks display as
part of a private event at the Jonathan Club on November 3, 2007. At that time, Council
directed staff to examine the impacts and concerns associated with this specific display
of fireworks and return with a recommendation. Council also requested that staff return
with broader policy recommendations at a later date. Staff from the Department of
Community and Cultural Services, Fire Department, Environmental and Public Works
Management Department and the City Attorney's Office has reviewed the existing
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policy, and evaluated current policies from the City of Malibu, Los Angeles County
Beaches and Harbors and California State Parks. The City's Fire Marshall has
reviewed the specific fireworks request based on information submitted by the event
producer. Based on noise, public safety and environmental concerns, staff is
recommending that Council deny the pending request for fireworks on November 3rd.
Discussion
Background
The current City policy related to the use of fireworks was established by the City
Council on November 11, 1983. The discussion was apparently prompted by
complaints from citizens about a recent fireworks event. The policy established that,
aside from City-sponsored Fourth of July fireworks, Council approval was required for
firework events; however criteria for approval were not identified. Other than at the
Santa Monica College "Celebrate America" event in July of each year, which requires
Council approval for use of the fireworks, the City's recent practice has been to
dissuade the use of fireworks at events.
In June of 2002, fireworks were launched off a barge near the Santa Monica Pier as
part of a private, permitted event at the Pier. As a result, the Community and Cultural
Services Department, the City Manager's Office, and the Police Department all received
numerous phone calls from residents who were frightened .and/or disturbed by the
display. Because the event followed shortly after the events of September 11, 2001, the
public was particularly frightened by the display due to the nation's heightened state of
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alert. However, because the firework component of the event was on a barge in the
ocean, it was under the jurisdiction of the State Fire Marshall, not the City.
Following this event, the City's Administrative Instructions regarding the approval of
Community Events (II-4-4) were amended to state in Section VII(4) that "Fireworks are
not permitted as part of an event, even if the fireworks are discharged outside the City
limits, unless prior City Council authorization is obtained."
Other Beaches
Los Angeles County Department of Beaches and Harbors, which operates the beaches
to the north and south of Santa Monica State Beach, and the City of Malibu, which
permits events within their boundaries, do not permit fireworks on the beach under any
circumstances. The State Fire Marshall, however, can authorize fireworks discharged
from a barge in the water. In the Malibu area, the State Fire Marshall typically issues
two to three permits around Fourth of July and another two to four permits throughout
the year. As a result of resident complaints and concerns about fire safety, the City of
Malibu is evaluating the impacts and frequency of fireworks set off from barges in the
ocean.
Impacts and Concerns
Public Safety- The Santa Monica Fire Department has concerns with any fireworks
display along Palisades Beach Road. Directly east of the beach in this area are the
Palisades Park bluffs that contain a large amount of combustible vegetation. If a
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fireworks display were to be permitted anywhere along this section of Palisades Beach
Road and the winds are in the usual on-shore direction, a stray mortar shell or fallout
could ignite the combustible vegetation, which would have devastating results on this
sensitive area. Firefighting operations in the bluffs area usually require stopping all
traffic on Palisades Beach Road and discharging large volumes of water onto already
unstable soil conditions.
Noise -The noise disturbance to residents can extend for many miles, even outside City
limits, and can be very distressing to humans, pets, and wildlife.
Environmental -The potential pollution related to fireworks fall into three main areas -
air pollution, water pollution and production of debris. Fireworks displays contribute to
high levels of fine particles (PM 10), which are human health hazards linked to asthma
and other respiratory problems. Depending upon the type of fireworks used, the smoke
and dust generated may contain various heavy metals, which are used to produce the
colorful effects, and sulfur compounds and perchlorate from the gunpowder. Green
colors are typically produced with barium, which is a poisonous and radioactive metal.
Blue colors are produced using copper, which contain the chemical dioxin that has been
linked to cancer in humans. Perchlorates contained in the firework propellants are the
primary source of drinking water contaminants associated with fireworks. Perchlorate is
highly mobile and can travel large distances in solution to reach groundwater.
Perchlorate contamination in drinking water has been linked to diseases of the thyroid.
Fireworks also generate significant amounts of wood, paper and plastic debris, which is
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scattered over wide areas by the explosions. This waste is difficult to clean up because
of the dispersion, so it contributes to the trash and pollutant loads in urban runoff.
There also are issues related to protected species at the beach. Santa Monica State
Beach north of the pier is home to a seasonal flock of Western snowy plovers
(Charadrius alexandrinus). Snowy plovers are listed as a threatened species under the
California Endangered Species Act and portions of the beach are designated as Critical
Habitat by the US Fish and Wildlife Service. The plovers typically arrive in Santa
Monica during the late summer months and stay throughout the winter, returning north
in April or May. The plovers are very sensitive to disturbance of all kinds and likely
would be negatively impacted by the noise from fireworks displays occurring in the
vicinity of their roosting areas.
Current Fireworks Request
Staff recommends that Council deny the pending request for a fireworks display on
November 3`d due to the following concerns:
1. potential environmental impacts associated with the use of fireworks in an area
known to be used by a protected species, the snowy plover, and the lack of time
necessary to properly investigate and document such impacts;
2. the proposed launch area is proximate to numerous private residences who
could be greatly impacted by this event and there is insufficient time to properly
notify them;
3. debris will fall on sand making it difficult to cleanup residue from the display;
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4. the close proximity of the bluffs present a serious potential fire hazard.
Previous Council Actions
Council established the current firework policy on November 11, 1983. Council has, in
the past, authorized the use of fireworks at the Santa Monica College event.
Alternatives
The City Council may choose to approve this event contingent upon meeting all of the
conditions required by the Fire Marshall and, due to the considerably large area to be
impacted by the noise, that notification of the event be published in a local, general
circulation newspaper 7 days prior to the event and the day before the event.
Budget/Financial Impact
There are no budgetary impacts associated with the recommendation.
Prepared by: Callie Hurd, Open Space Manager
Jim Glew, City Fire Marshall
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roved:
Barbara Stinchfield
Director, Community and Cultural
Services
Forwarded to Council:
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Approved: