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CC SR 20160419 04 - Fourth of July Fireworks DisplayRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 04/19/2016 AGENDA HEADING: Regular Business Consideration and possible action regarding a Fourth of July fireworks display. RECOMMENDED COUNCIL ACTION: (1) Provide Staff with direction regarding a potential fireworks display on July 4, 2016. FISCAL IMPACT: None Amount Budgeted: None Additional Appropriation: None Account Number(s): None ORIGINATED BY: Matt Waters, Senior Administrative Analyst REVIEWED BY: Cory Linder, Director of Recreation and Parks- . f, APPROVED BY: Doug Willmore, City Manager.` .r1 ATTACHED SUPPORTING DOCUMENTS: A. Municipal Code Section 8.08.020 -Fire Code Amended (page A-1) B. Marine Protected Areas Map (page B-1) BACKGROUND AND DISCUSSION: The City of Rancho Palos Verdes has hosted an annual Fourth of July Celebration at Point Vicente Park/Civic Center for decades. This daytime event attracts several thousand residents and visitors each year, but has never included a nighttime fireworks display. The issue of hosting an over -the -ocean evening Fourth of July fireworks display, either at Point Vicente Park/Civic Center or some other location in the City, has been discussed over the years but has never come to fruition. Estimated Cost Following a request from Councilmember Misetich, Staff contacted several fireworks companies to determine approximate costs for an ocean -based, barge -launched Fourth of July display. Estimates for a display of approximately 15-25 minutes in duration range from $50,000 to $65,000, which includes the cost of renting a barge. The display would take place approximately 1,000 feet off -shore. Depending upon the location, there would likely be additional costs for staffing, security and logistics on -shore. Staff has contacted potential sponsorship partners to share or defray the overall cost of the event. While Staff is hopeful that full or substantial sponsorship of this event may be 1 achievable, no sponsorship support has been solidified. If no sponsorship support is obtained, the show would either need to be cancelled or the City would need to bear its full cost. The firework companies contacted indicated that they typically receive a 50% payment by the end of May for a Fourth of July fireworks show, with the balance due after the event. Approval Process Even though the display would be launched over the ocean and therefore not on City property, it is subject to the City's Municipal Code Section 8.08.020 -Fire Code Amended (Attachment A). The Code requires that any fireworks display be approved by the City Council. The Code states that if the fireworks display can be made without danger or nuisance to the general public, then the City Council shall grant the permit; otherwise, it shall deny it. Approval is also required from the Los Angeles County Fire Department, United States Coast Guard, and the Federal Aviation Administration (FAA). These requirements are based on the Municipal Code's requirements and on staff's research into barge - launched fireworks displays. Staff has already reached out to these agencies to review the approval process. Typically, the selected fireworks company would obtain these permits. If approved, written notice will be provided to surrounding residents a minimum of fifteen (15) days prior to the event, The City's typical notification radius is five hundred feet (500') measured from the property line nearest to the location of the display. Notification is recommended because of the potential adverse effect that loud, unexpected noises could have on residents adjacent to the event and their pets. It is Staff's intent that such notification would help mitigate any negative consequences for the fireworks display. Depending upon the precise location of the fireworks display, potential impacts on the two (2) Marine Protected Areas (MPAs) along the City's coastline may need to be addressed'. Staff is not aware of any restriction imposed by the City MPAs (Attachment B) that would preclude City Council from approving or denying a fireworks display request. While much of the ocean off the City's coastline is not within an MPA, Staff has reached out to the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service for guidance. Staff has been advised that biological surveys may be required to determine the potential impact and appropriateness of fireworks displays in any given area. Staff has also contacted California Coastal Commission Staff to determine if a letter of exemption or a Coastal Development Permit will be required. The timeline for obtaining a Coastal Development Permit—including the exhaustion of all appeals—in order to book a fireworks contractor for a Fourth of July display this year would be challenging. The Point Vicente State Marine Conservation Area (SMCA) and the Abalone Cove SMCA were established in 2011 as a part of the implementation of the 1999 Marine Life Protection Act (MLPA). 2 ALTERNATIVES: Based upon City Council discussion, the alternative actions available for the City Council's consideration include the following: 1. Direct Staff to proceed with preparations for a potential July 4, 2016, fireworks display, and continue to seek out potential sponsors/co- sponsors. 2. Direct Staff to not proceed with preparations for a potential July 4, 2016, fireworks display. 9 4/12/2016 Rancho Palos Verdes, CA Code of Ordinances 8.08.020 - Fire code amended. A. Notwithstanding the provisions of Section 8.08.010, Section 101.1 is amended to read: 101.1 Title. These regulations shall be known as the Fire Code of the City of Rancho Palos Verdes, hereinafter referred to as "this code." B. Notwithstanding the provisions of Section 8.08.010, Section 503.4.1 is amended to read: 503.4.1 Traffic calming devices. Traffic calming devices that alter City -owned streets and rights-of- way, including, but not limited to, speed bumps and speed humps, shall be prohibited, unless approved by the City Council, after having received a recommendation from the fire code official. Traffic calming devices, including, but not limited to, speed bumps and speed humps, that are located on private streets or property shall be prohibited, unless approved by the fire code official. C. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.2 is added to the fire code to read: 5608.1.2 Displays. Permits are required from the City to conduct a fireworks display. The City Council shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks or other organizations. Every such display shall be handled by a competent operator approved by the City Council, and shall be of such character and so located, discharged or fired as in the opinion of the City Council after proper investigation, so as not to be hazardous to property or endanger any person. Applications for permits shall be made in writing to the Fire Chief not less than thirty days in advance of the date of display or other use. The Fire Chief shall within ten days after receipt of said application make a report and recommendation to the City Council. If the City Council finds that such display can be made without danger or nuisance to the general public, it shall grant the permit; otherwise it shall deny it. If the City Council finds that such display as applied for may create danger or nuisance to the public, but that if displayed subject to conditions may not create such danger or nuisance, it shall grant the permit subject to conditions. After such permit is granted, sale, possession, use and distribution of fireworks for such display subject to the conditions of this Chapter and such other conditions, if any, as may be imposed by the City Council, is lawful for the purpose only for which such permit is granted. In all cases the decision of the City Council shall be final. D. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.3 is added to read: 5608.1.3 Insurance. The permittee shall furnish a certificate of insurance in an amount deemed adequate by the City Council for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, his agents, employees or subcontractors. The policy shall provide limits of bodily injury and property damage liability of not less than two million dollars ($2,000,000) combined single limits for each occurrence annually. The policy may have a deductible not to exceed fifteen thousand dollars ($15,000). A deductible in excess of fifteen thousand dollars ($15,000) may be permitted provided a security deposit, such as, but not limited to, a surety bond, pledge of assets or bank letter of credit covering the value of the excess is approved by the City Council. https://www.municode.com/library/calrancho_palos verdes/codes/code_of ordinances?nodeld=TIT8HESA_CH8.08FICO-8.08.020FICOAM A-1 1/2 4/12/2016 Rancho Palos Verdes, CA Code of Ordinances The certificate of insurance shall provide that the insurer will not cancel the insured's coverage without fifteen (15) days prior written notice to the City, that the City shall not be responsible for any premium or assessments on the policy, and that the duly licensed pyrotechnic operator required by law to supervise and discharge the display, acting either as an employee of the insured or as an independent contractor and the City, its officers, agents, and employees are included as additional insureds, insofar as any operations under this Section are concerned. (Ord. No. 558, § 1, 9-2-14) https://www.municode.com/library/calrancho_palos verdes/codes/code_of ordinances?nodeld=TIT8HESA_CH8.08FICO-8.08.020FICOAM A-2 2/2 33144.8001 N Sana Monica Bay 0 Harbor City Q Palos Verdes Estates 0 Lomita L107) Rolling Hills. Estates T Rancho Palos Verdes Q m W 33" 44.190'N 33" 44.240'N 118" 23.800",.W 118'22.500' 'VV 0 Sart Pe W 35 1 rail J�k25th St 0 f N 6w Wil PmjectionInfo vnAion d 1 2 December S, 2011 Wo-rldMen:atox WGS 1984 I 1 ■ 1 ■ ___j8tawte Miles 1:125,000 Nautical Milesbourdagift t For iescomplete d regilo-rmatia please bo-u�artes and regulations, please go- 0 1 2 _ http:llwawv dfcl.ca. clo vlm I to Scale( representative fractlo n) ac curate only when printed at 8.5'x11"