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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 1 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 2 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 3 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 4 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; 5 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 6 roved: Barbara Stinchfield Director, Community and Cultural Services Forwarded to Council: 7 Approved: