RESOLUTION NO. 11597
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALIFORNIA, RESCINDING AND
REPLACING RESOLUTION NO. 11593 TO
REESTABLISH A FEE AND ADOPT RULES AND
REGULATIONS REGARDING THE NUMBER OF
PERMITS AS WELL AS THE APPLICATION AND
LOTTERY PROCESS TO SELL " SAFE AND SANE"
FIREWORKS PURSUANT TO ORANGE MUNICIPAL
CODE CHAPTER 8. 13.
WHEREAS, City of Orange voters approved Ordinance No. 10-24 allowing for the use, possessionand dischargeof" safe and sane" fireworks; and WHEREAS, Ordinance No. 10-24 repealed and replaced the then- existing Orange Municipal Code Chapter 8. 13; and
WHEREAS, Orange Municipal Code Chapter 8.13, as established by Ordinance No. 10- 24, provides that the City shall permit the sale, possession and discharge of " safe and sane" fireworks for private display within the City, in accordancewith rules and regulations adoptedby ordinance or resolution of the City Council, relating to the following: who may sell fireworks, the timeperiodsin whichtheymaybesoldanddischarged,thelocationwheretheymaybedischarged and the manner in which they may be discharged, stored, disposedof etc., Permits which may be required relating to fireworks, and similar provisions to protect the public health, safety, and welfare; and
WHEREAS, the City Council desires to adopt this Resolution to rescind and replace Resolution No. 11593 and reestablish rules and regulations regarding the number of Permits allowed eachyear aswell as the application and lottery processto receive a Permit as defined in Orange Municipal Code Chapter 8. 13.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1:
Resolution No. 11593 is hereby rescinded and replaced upon the effective date of this resolution.
SECTION 2:
The City Manager is hereby authorized to implement this resolution pursuant to Orange Municipal Code Chapter 8. 13.
SECTION 3:
The maximum number of Permits issued to Qualified Organizations, shall be 12 Permits per year.
A. Four of the maximum number of Permits shall be for Orange High School, El Modena High School, Richland Continuation High School, and Orange Lutheran High School.
The Permit for each high school shall incorporate all of the high school sports teams, affiliated civic groups, student groups, booster clubs, other school organizations, etc.
Each high school shall be responsible for how the Permit is administered and utilized.
None of the aforementioned high schools are required to complete an application for the lottery since eachhigh school will automatically receive a Permit to sell Safe and SaneFireworks. In the event that any of the four high schools electsto not participate in the sale of Safe and Sane Fireworks, then the Permit will be included as an additional lottery Permit available to qualified organizations.
B. All other Qualified Organizations interestedin receiving aPermit must file applications with the City Manager's Office or its designeebeginningthe first businessday of March, continuing up to 5:30 p.m. on the last businessday in March of the sameyear, at which time the filing period for that year will be closed.
C. In drawing from the pool of Qualified Organizations that submitted completed applications, the City Manager's Office or its designeeshall conduct a lottery during a City Council meeting using somemeansof random selection. The first 8 applicants to be randomly selected shall be granted a Permit upon completion of all Permit application requirements. An additional number of applicants shall be randomly selected in the event that one or more of the initial 8 applicants fails to obtain a Permit.
Additional applicants shall be consideredfor a Permit in the order they were drawn.
D. In additionto the requirementsof OrangeMunicipal CodeChapter8.13, Qualified Organizations must be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; must have their principal and permanentmeeting place within the City; provide direct and regular community servicesandbenefits to theresidentsof the City; andhavebona fide memberswho either residein the City, areemployed in the City, or are owners or operatorsof a businessor other establishmentlocated in the City.
E. Qualified Organizations may only submit one application to be included in the lottery for a Safe and Sane Fireworks Permit. If more than one application is submitted on behalf of any nonprofit organization or educational institution, including from their respectiveaffiliated organizations,the City shall disregardoneor all of the applications at its sole discretion. Any attempt to transfer an application shall void that application and may preclude an applicant from participating in the lottery in future years.
F. On forms and applications provided by the City, Qualified Organizations shall provide:
2 a. The proposedlocation of the fireworks stand.
b. The name, address and 24- hour telephone number of one or more responsible adults who will be in chargeof and responsible for the fireworks stand during the period fireworks are sold, displayed, or storedat such location. c. Written permission from the owner of record and/or lessor and/or management company of the property upon which said fireworks stand is proposed to be located.
d. Proof of the applicant' s statusasa Qualified Organization. e. Date when the applicant was organized and established. f. The names and addresses of the officers, if any, of the applicant. g. The name, address, and California StateFire Marshal's license number of any wholesaler or distributor from whom the Qualified Organization proposes to purchasefor resale.
h. The manner, method, and times regarding how the applicant proposes to sell Safe and Sane Fireworks.
i. A copy of the requisite retail salesPermit issuedby the Office of the California State Fire Marshal.
j. Copy of a City of Orangebusinesslicense.
k. Evidence of a temporary salestax Permit from the California State Board of Equalization.
This shall be not be construed asto limit the City from requesting additional information to effectuatethe intent andpurposesof this Resolution and OrangeMunicipal Code Chapter 8.13.
SECTION 4:
Permitteesshall provide certificates of insuranceevidencing the following minimum limits with a California admitted carrier with a current A. M. Best's rating of no lessthan anA.
A. General Liability: $ 1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a generalaggregatelimit is used, either the general aggregatelimit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The City of Orange its officers, elected or appointed officials, 3 employees, agents and volunteers must be named as certificate holder and as additional insured by separateattachedendorsement.
B. Any deductibles, self-insured retentions, or similar forms of coverage limitations or modifications must be declaredto and approvedby the City.
C. Permittee shall include all sub-Permitteesor subcontractors, if any, asinsured under its policiesor shallfurnishseparatecertificatesandendorsementsfor eachsub-Permittees or subcontractors. All coverage for sub- Permittees shall be subject to all of the requirements stated herein.
SECTION 5:
Permitteesagree, asa conditionof receivinga Permit, to protect, defend, indemnify, and hold harmless, the City, the City Council, the City' s officers, elected or appointed officials, employees, agents, andvolunteers from and againstany andall claims, damages,losses,expenses, judgments, demands, anddefensecosts, howevercaused, resultingfrom deathor injury and/or damageto property, arising directly or indirectly out of the obligations or operations undertaken by Permitteeby virtue of thePermitissuance, causedin wholeor in partby anyactor omissionof the Permittee, any subcontractors, anyone directly or indirectly employed, volunteers, or anyone for whose acts any of them may be liable, including but not limited to, concurrent active negligence, exceptwhere causedby the sole active negligence orrwillful misconduct of the City.
In the event of aninjury, claim, lawsuit, or any other dispute,the Permitteewill conduct all legal defensesto those injuries, claims, lawsuits, or any other disputes, including the defenseof the City if applicable, at its sole cost and expense, and at no cost or expenseto the City.
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation shall apply to all claims and liability regardlessof whether any defensesand insurance policies are applicable. The policy limits do not act as a limitation upon the indemnification to be provided by Permittee.
SECTION 6:
Pursuant to Section 12635. 5 of the Health and Safety Code, the City will require each applicant receiving a Permit to pay a feeto the City apro rata portion of the actual and reasonable coststhe City incurred that is related to any of the following:
1) Processingand issuing Permits.
2) Inspection of fireworks stands.
3) Public education and awarenesscampaignsregarding the safe and responsibleuse of safe and sanefireworks, and the dangers and risks posedby the use of illegal fireworks.
4 4) Enforcing the provisions of the code of the City with respectto the sale and use of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. " Extra personnel time" means employee or contracted employee time that the City would not otherwise incur but for the sale and use of safe and sane fireworks.
5) Fire operation and suppression efforts that are directly related to safe and sane fireworks.
Costsshallbe allocatedamongPermitteesin proportionto grosssalesasshownon each Permittee's salesandusetax return for the applicable period.
The pro rata shareof costs shall not exceed 7 percent of the gross salesof the fireworks sold in the City during the applicable period. The fee will be calculated annually and due September 2nd
SECTION 7:
The City Council hereby determinesthat the adoptions of MeasureAA, Resolution 11593, this resolution, and Ordinance No. 01- 25 are exempt from review under the California Environmental Quality Act becauseallowing and regulating safe and sanefireworks salesin the City on the Fourth of July cannot be expectedto have a significant environmental effect because such sales already occur without compliance with law or regulation to ensurethe public health, safety and welfare, and therefore this project regulates existing activity for the protection of the environment and other public values rather than allowing wholly new activity. Therefore, these provisions of the State CEQA Guidelines apply: section 15061( b)( 3) — the " common sense" exception, section 15305— the categorical exemption for minor alterations to land use limitations, and section 15308 — the categorical exemption for actions by regulatory agenciesto protect the environment.
ADOPTED this 11thday of February, 2025
aniel R. Slater, Mayor, City of Orange
ATTEST:
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PamelaColeman, City Clerk, City of Orange
5 APPROVED AS TO FORM:
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Vigliotta, City Attorney, City of Orange
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of theCity of Orange, California, do herebycertify' that the foregoingResolutionwasduly andregularlyadoptedby the City Councilof the City of Orangeat a regular meeting thereof held on the 11th.day of February 2025 by the following vote:.
AYES: COUNCILMEMBERS: Bilodeau, Dumitru, Tavoularis, Gyllenhammer, Slater
NOES:. COUNCILMEMBER • ' os
ABSENT: ' COUNCILMEMB S: Gutierr z
PamelaColeman, City Clerk, City of Orange
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