1 TO: Mayor and City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: February 21, 2023
SUBJECT: Discussion and Consideration of a Los Angeles County Sheriff Department (LASD) Proposal for 2023 Illegal Fireworks Suppression Enforcement
RECOMMENDATION
Discuss and approve the Los Angeles County Sheriff’s Department’s (LASD) Proposal for 2023 Fireworks Suppression Enforcement.
BACKGROUND
In 2021, the City Council adopted Resolution 2021-14 (attached to this report) establishing increased fines for violation of the city’s regulations regarding firework use.
The use of fireworks of any kind (including those considered safe and sane by the State Fire Marshall), had been illegal in the City of Lomita for many years.
Like recent years, the LASD has provided an estimated cost proposal for a targeted fireworks enforcement program (attached to this report) utilizing dedicated LASD personnel on an overtime basis at hourly rates to perform enforcement. The program is intended to enhance the city’s public safety and enforcement efforts as well as increase the visibility of our LASD resources around the Fourth of July holiday to deter potential violators.
DISCUSSION
Enforcement of the City’s regulations is particularly challenging and time consuming, which ultimately drives added expenses and resources. In recent years, costs associated with these enforcement efforts have increased significantly, with minimal citations being issued, and complaints and concerns remaining consistent, if not increasing.
CITY OF LOMITA
CITY COUNCIL REPORT
Item No. SCH 8e
2 For 2023 the LASD has proposed a three-week enforcement period,- June 18 through July 8 using two dedicated deputies on six hours shifts for an amount not to exceed $26,384.40 with the option to use a plain-clothes undercover spotter to locate and identify violators.
Lomita Code Enforcement staff and the Los Angeles County Fire Department are also devoting additional hours to proactively address dead and dry vegetation citywide that could pose a potential fire threat prior to and during this period.
While the City’s enforcement efforts have produced some citations in recent years, the costs of the increased enforcement efforts have continually exceeded the revenue received as a result of those citations. Some agencies have established programs to offset funding for the enforcement of unapproved and illegal fireworks by allowing for the regulation, sale and use of State approved Safe and Sane Fireworks within their communities during specific timeframes and under strict conditions. These programs have allowed those agencies to expand their traditional enforcement efforts and focus their resources on those violations that present the greatest risk and nuisance. They also have allowed community groups and other organizations to raise funds to support their work in those communities. Should the City Council desire to discuss or explore this path (or any other alternatives) to help to fund additional enforcement efforts, City staff would need direction to place an item for discussion on a future agenda.
OPTIONS
1. Authorize the City Manager to proceed with LASD’s proposal.
2. Provide staff further direction.
FISCAL IMPACT
The costs of the 2023 enforcement program as currently proposed by the LASD are based on hourly rates for LASD personnel and the total costs for the program are anticipated not to exceed $26,384.40. Citation fines recovered by the city could offset some of the operation’s cost, but based on previous years, are insufficient to fully recover costs.
Remaining costs over and above revenues will continue to be paid from the General Fund.
ATTACHMENTS
1. LASD’s 2023 Firework Suppression Proposal
2. Resolution 2021-14
3 Reviewed by: Approved by:
___________________________ __________________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
Lina Hernandez
__________________________
Lina Hernandez
Senior Management Analyst
City of Lomita
Firework Suppression
2023
June 18-July 8, 2023
COST ESTIMATE
Deputy Sheriff rate per hour is $104.70
6 Hour Shift x $104.70 = $628.20
2 Deputies/6 Hours = $1256.40
2 Deputies/6 Hours/Week = $8794.80
2 Deputies/6 Hours/June 18-July 8, 2023 = $26,384.40
This is only an estimate of expenses, based on an average of Deputies salaries. The actual cost may vary, based on the rank of the Deputies working these events. Above is the higher rate being used for this document and preplanning. Sergeant Tina McCoy may be contacted at (310) 891- 3227.
Attachment No. 1
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1F943E114BB6 RESOLUTION NO. 2021-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING THE CITY'S FINE SCHEDULE FOR
ADMINISTRATIVE CITATIONS TO INCREASE THE FINE AMOUNT FOR VIOLATIONS OF SECTIONS 4-16.01 AND 4-16.02 OF THE LOMITA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. Findings.
1.The City Council of the City of Lomita adopted Resolution No. 2014-26 which included a Fine Schedule for Administrative Citations pursuant to Lomita Municipal Code Title 1, Chapter 5.
2. Chapter 4-16 of the City Municipal Code, among other things, prohibits any person from manufacturing, selling, storing, displaying discharging, exploding, firing off or setting off any firework within the City. Violations of this chapter are, among other penalty provisions, subject to administrative citations in the amounts articulated in the City's Fine Scheduled for Administrative Citations.
3. In recent years the City has seen an increase in the use of illegal fireworks in the City leading up to and including July 4
th
. The increase in recent years has been
particularly pronounced and the City's current administrative fine amount has failed to curtail the use of fireworks in the City.
4. Fireworks activity is particularly dangerous both due to the potential danger of physical harm to individuals, as well as the fire danger posed and nuisance impacts. Due to the nature of this activity and its concentration in time, more significant fines are needed to deter this dangerous activity.
SECTION 2. The City's Fine Schedule for Administrative Citations is hereby amended to increase the fine amounts for violations of Sections 4-16.01 and 4-16.02 of the Lomita Municipal Code as stated in the attached Exhibit "A" to this Resolution.
SECTION 3. This Resolution and the amended Fine Schedule for Administrative Citations is effective immediately upon adoption.
SECTION 4. To the extent any provision of this Resolution is incompatible with or at variance with any prior adopted resolution, the provisions of this Resolution take precedence, and all previous resolution will be interpreted to harmonize with and not the provisions of this Resolution.
Attachment No 2
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1 F943E114BB6 Resolution No. 2021-14
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 1
st day of June 2021.
1/V
ATTEST:
lerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF LOMITA )
I, Kathleen Horn Gregory, City Clerk of the City of Lomita, California, do hereby certify that the foregoing Resolution No. 2021-14 was duly passed, approved, and adopted by the City Council of the City of Lomita at its regular meeting held on June 1, 2021, by the following vote, to wit:
AYES: Council Members: Gazeley, Uphoff, Waite, and Mayor Pro Tern Segawa and Mayor Waronek
NOES: None
ABSENT: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lomita, California this 1
st day of June 2021.
DocuSign Envelope ID: F9581 F7D-CB2D-42A7-87CB-1 F943E114BB6
EXHIBIT A
Resolution No. 2021-14
FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE
Except as otherwise provided herein, violations of the Lomita Municipal Code are subject to an administrative fine in the following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year.
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year of the first violation.
Violations of Lomita Municipal Code, Sections 4-16.01 and 4-16.02 are subject to an administrative fine in the following amount:
1. A fine not exceeding one thousand dollars ($1,000.00) for any violation.
Pursuant to Government Code section 53069.4, violations of any of the provisions of Title X of the Lomita Municipal Code are subject to an administrative fine in the following amounts:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation.
2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same provision within one year.
3. A fine not exceeding one thousand dollars ($1000.00) for each additional violation of the same provision within one year of the first violation.