Agenda Report
Fullerton City Council
MEETING DATE: MARCH 1, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING CITY MANAGER
PREPARED BY: LUCINDA WILLIAMS, CITY CLERK
SUBJECT: 2022 SAFE AND SANE FIREWORKS SALES LOTTERY
SUMMARY
City Council adopted safe and sane fireworks sales procedures for 2022 on February 1, 2022, amending the lottery drawing process to reserve five spots for youth sports organizations. Since that time, Council Member Dunlap and Mayor Jung have clarified their desire to narrow the reserved lottery spots for Youth Sports Partner League groups. This item presents an amended resolution for City Council consideration to accommodate their request.
RECOMMENDATION
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR THE RETAIL SALE, POSSESSION AND DISCHARGE OF “SAFE AND SANE” FIREWORKS PURSUANT TO FULLERTON MUNICIPAL CODE SECTION 7.26.010
PRIORITY POLICY STATEMENTS
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Public Safety.
FISCAL IMPACT
No fiscal impact.
DISCUSSION
On November 6, 2012, Fullerton voters reinstated the legal sale, possession, and discharge of safe and sane fireworks with the passing of Measure X and adoption of City Ordinance No. 3183.
City Council adopted procedures for the 2022 safe and sane fireworks sales on February 1, 2022, amending the lottery drawing process to reserve five spots for youth sports organizations. Since that time, Council Member Dunlap and Mayor Jung have clarified their desire to narrow the reserved lottery spots for Youth Sports Partner League groups. This item presents an amended resolution for City Council consideration to reserve five lottery spots for Youth Sports Partner League groups, Process
The City Clerk’s Office accepts fireworks lottery applications during the month of March. In April, the City randomly selects 15 lottery applicants and five alternates to proceed to the fireworks sales permitting phase.
Current practice allows one representative group per educational institution (elementary through university level). The representative group may be a group from within the institution or a booster club operating outside of the school in support of an official school program, even if the outside organization operates under a separate tax identification number. In 2016, City Council adopted Resolution No. 2016-11 which includes language to clarify the “one group per school” rule.
Timeline
City of Fullerton Resolution No. 2022-011 opens the lottery application filing period on the first business day in March and closes on the last business day in that same month. The resolution also established the dates and times for fireworks sales and discharge.
City Council conducts the lottery drawing during the public portion of the Closed Session of the second City Council meeting in April.
The following provides the 2022 timeline for safe and sane fireworks sales:
March 1 – 31, 2022:
Lottery applications accepted
April 19, 2022:
Lottery drawing at City Council meeting
April 20 – June 3, 2022:
Permit applications accepted by Fire Marshal
June 4 –30, 2022:
Permits processed / Stands drop
July 1 – 4, 2022:
Fireworks sales
July 5, 2022:
Stock removal
July 13, 2022:
Stand removal by this date
September 1, 2022:
Permittee financial reports due.
Modifications for 2022
In 2021, Mayor Jung suggested modifying the lottery drawing to reserve five spots for youth sports organizations and open the remaining ten spots for all other qualified organizations. Staff proposed holding one lottery drawing for all youth sports applicants to select five organizations to advance to the sales permit process and five alternates for youth sports organizations and another lottery drawing for all other qualified applicants to select the remaining ten organizations to advance to the sales permit process and five alternates for non-youth sports organizations. City Council adopted Resolution No. 2022-011 implementing these changes on February 1, 2022.
Mayor Jung and Council Member Dunlap have expressed interest in further narrowing the five reserved spots exclusively for Youth Sports Partner Leagues. The City defines a Youth Sports Partner Group as:
A Partner group must provide recreational play with all participants guaranteed a minimum playing time each game and all teams competitively balanced. Recreational leagues allocate players through a draft or player evaluation to ensure fairness and balance amongst teams and do not cut players for poor playing performance.
A Partner group must have an affiliation with a state or national sports governing body that has governance over the Partner. This includes all requirements for training, equipment safety, playing technique safety, financial oversight and background checks.
A Partner group must show proof of tax-exempt, non-profit 501(c)(3) youth sports organization (incorporated and based in Fullerton). A Partner group’s governing board, recreational coaches and their family members must volunteer their time, cannot receive any form of compensation and must comply with the organization’s conflict of interest policy.
Partner group must maintain a Fullerton resident player percentage of at least 80%.
Organizations must submit the following documents to show proof of nonprofit status:
A copy of the organization's Articles of Incorporation and Bylaws.
A copy of the IRS application, supporting documents and the IRS determination letter.
A copy of the organization's current financial statements and filed tax forms (IRS Form 990 or 990EX, CA 199).
Board of Directors’ names, addresses and phone numbers; board meeting dates, times and locations; board election dates and terms of office.
The following eight groups currently qualify as Youth Sports Partner Leagues:
East Fullerton Little League
Fullerton Bears Football
Fullerton Hills Softball
Fullerton Pop Warner Football
Fullerton Rangers Youth Soccer Club
Fullerton Rugby
Golden Hills Little League
West Fullerton Little League.
Historical Data
The following table provides historical youth sports lottery applicant data for the past five year:
Year
% of Total Applicants
Youth Sports Applicants
2021
29%
Fullerton Junior All American (Bears)*
Fullerton Rangers Soccer Club*
Fullerton Pop Warner*
OC Pacific Soccer League
Golden Hill Little League*
West Fullerton Little League*
East Fullerton Little League*
Elite Development Academy
2020
26%
West Fullerton Little League*
Fullerton Pop Warner*
Fullerton Jr. All American (Bears)*
Elite Development Academy, Inc.
Golden Hill Little League*
Blue Stars FC
Fullerton Rangers Soccer Club*
East Fullerton Little League*
2019
22%
Fullerton Jr. All American (Bears)*
Fullerton Pop Warner*
East Fullerton Little League*
Blue Stars FC
CDA Slammers FC
Fullerton Rangers Soccer Club*
Golden Hill Little League*
Elite Development Academy
2018
21%
East Fullerton Little League*
Golden Hill Little League*
Elite Development Academy
Fullerton Rangers Soccer Club*
Fullerton Jr. All American (Bears)*
Fullerton Pop Warner*
Blue Stars FC
2017
17%
East Fullerton Little League*
Golden Hill Little League*
Protege Volleyball Club
Fullerton Rangers Soccer Club*
Fullerton Jr. All American (Bears)*
Fullerton Pop Warner*
Blue Stars FC
*Current Youth Sports Partner League
The following table provides historical youth sports permittee data for the past five years:
Year
% of All Permittees
Youth Sports Permittees
2021
20%
Elite Development Academy
Fullerton Pop Warner*
Fullerton Rangers Soccer Club*
2020
30%
Golden Hill Little League*
Fullerton Jr. All American (Bears)*
West Fullerton Little League*
Fullerton Rangers Soccer Club*
Fullerton Pop Warner*
2019
27%
Elite Development Academy
Fullerton Rangers Soccer Club*
East Fullerton Little League*
Fullerton Pop Warner Football*
2018
27%
Golden Hill Little League*
Fullerton Jr. All American (Bears)*
Blue Stars FC
East Fullerton Little League*
2017
20%
Protege Volleyball Club
Fullerton Rangers Soccer Club*
Fullerton Jr. All American (Bears)*
*Current Youth Sports Partner League
Should City Council wish to incorporate these proposed changes to the fireworks sales lottery process, staff recommends City Council assign five lottery slots for youth sports partner groups and the remaining applicants, including youth sports groups that do not qualify as partner groups, vie for the remining ten slots.
In addition, staff recommends City Council include language to draw up to five youth sports partner group alternates and up to five alternates for all other groups in the lottery. The youth sports partner group alternates would replace any youth sports partner group lottery spot that comes available. The non-partner alternates would replace any non-partner lottery spot that comes available. Should either the partner or non-partner lottery place all of its alternate groups and still have sales permit slots remaining, alternates from the remaining list may advance to the permit phase.
Staff has attached the current fireworks sales resolution (Resolution No. 2022-011) and a draft redline resolution with the proposed alterations for City Council consideration.
Attachments:
Attachment 1 – Resolution No. 2022-011
Attachment 2 – Draft Resolution No. 2022-XXX (redline)
2022 Safe and Sane Fireworks Sales
March 1, 2022 - Page PAGE \* MERGEFORMAT 2