CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: MEMORANDUM OF UNDERSTANDING WITH THE BUTTE
COUNTY BEHAVIORAL HEALTH DEPARTMENT FOR MOBILE
CRISIS TEAM SERVICES
DATE: OCTOBER 15, 2024
SUMMARY
The Council will consider a memorandum of understanding with the Butte County Behavioral Health Department for Mobile Crisis Team services.
DISCUSSION
Currently the Oroville Police Department does not have an agreement with the Butte Conty Behavioral Health Mobile Crisis Team. The Mobile Crisis Team is a team of specially trained professionals that will provide crisis-related outreach and engagement as well as respond to 911 requests regarding possible psychiatric or emotional crises in the community. The Mobile Crisis Team will operate with the goal of reducing the use of involuntary psychiatric hospitalization, when appropriate, by providing consultation, crisis assessment and engagement of the individual in need, seeking alternative treatment resources, when appropriate, including referrals to voluntary psychiatric services as available. If this memorandum is approved, it will allow the Oroville Police Department to utilize these services.
See attached MOU for additional details.
FISCAL IMPACT
There is no fiscal impact as a result of this memorandum of understanding. The Butte County Behavioral Health Department provides these services at no cost. This MOU is a nonfinancial agreement.
RECOMMENDATION
Authorize and Direct the Mayor to sign an agreement with the Butte County Behavioral Health Department for Mobile Crisis Team services
ATTACHMENT
1. Memorandum of Understanding with Butte County Behavioral Health 179
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MEMORANDUM OF UNDERSTANDING
Between
BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH
And
OROVILLE POLICE DEPARTMENT
MOBILE CRISIS TEAM PROGRAM
FY 24/25 through FY 28/29
This Memorandum of Understanding (MOU) is entered into by and between the County of Butte, a political subdivision of the State of California, through its Butte County Department of Behavioral Health hereinafter referred to as “COUNTY”, and the OROVILLE Police Department hereinafter referred to as “PARTNER”.
COUNTY and PARTNER are collectively referred to as “parties” and individually as “party”. This MOU shall set forth the types and terms of collaborative services between COUNTY and PARTNER to form a Mobile Crisis Team (MCT) to provide crisis related outreach and engagement in the community.
I. PURPOSE:
COUNTY and PARTNER enter this MOU for the following purposes:
The MCT as part of this MOU shall collaborate with PARTNER to provide crisis related outreach and engagement as well as respond to 911 requests regarding possible psychiatric or emotional crises in the community. The MCT shall operate with the goal of reducing the use of involuntary psychiatric hospitalization, when appropriate, by providing consultation, crisis assessment and engagement of the individual in need, seeking alternative treatment resources, when appropriate, including referrals to voluntary psychiatric services as available.
II. SERVICES TO BE PROVIDED:
Services to be provided by both parties are described in Scope of Service Exhibit A, incorporated herein by this reference.
III. TERM:
The term of this MOU shall become effective on June 1, 2024 and terminate no later than June 1, 2029.
IV. COMPENSATION:
This MOU is non-financial in nature and binds no party to financial obligations to any other.
V. CONFIDENTIALITY:
All COUNTY MCT staff are subject to all rules of confidentiality set forth in all applicable health privacy laws, which apply to the provision of mental health services by the MCT programs. The minimum necessary of confidential mental health information shall be shared for the sole purpose of preventing or causing harm and/or injury to others or to themselves. For all other purposes, without express written permission of the individual, PARTNER may not have access to any confidential mental health information as held by the MCT program. Any confidential mental health information PARTNER may receive by written and/or verbal transmission may not be re-disclosed in any format at any time.
PARTNER shall maintain the confidentiality of all COUNTY records and information to the extent required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 (Public Law 111-5, Title XIII); Welfare and Institutions (W&I) Code Sections 5328 through 5330, inclusive; W&I Code Section 14100.2; Title 42 CFR Section 431.300 et seq; and 42 CFR Part 2, including any subsequent amendments thereto, and all other applicable County, State, and Federal laws, ordinances, rules, regulations, manuals, guidelines, and directives, relating to privacy/security, whichever is most restrictive.
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MOU between Butte County and Oroville Police Department
VI. MUTUAL HOLD HARMLESS: It is agreed that PARTNER shall defend, save harmless and indemnify COUNTY, its officers and employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this MOU and which result from the negligent acts or omissions of HOSPITAL, its officers and/or employees.
It is further agreed that COUNTY shall defend, save harmless and indemnify PARTNER, its officers and employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this MOU and which result from the negligent acts or omissions of COUNTY, its officers and/or employees.
In the event of concurrent negligence of PARTNER, its officers and/or employees, and COUNTY, its officers and/or employees then the liability for any and all claims for injuries or damages to persons and/or property which arise out of the terms and conditions of this MOU shall be apportioned under principles of comparative negligence as established presently by California law, or as may be hereafter modified.
VII. INSURANCE:
A. Without limiting PARTNER indemnification, PARTNER shall procure and maintain for the duration of this MOU, insurance against claims for injuries to persons or damages to property that may arise from, or be in connection with the performance of the work hereunder by PARTNER, and PARTNER agents, representatives, employees, and subcontractors. At the very least, PARTNER shall maintain the insurance coverage, limits of coverage and other insurance requirements as described in Attachment I, which by reference is made part of this MOU. Certificates evidencing the maintenance of PARTNER’s insurance coverage shall be filed with COUNTY.
B. The County of Butte self-insures third party liability claims alleging bodily injury, personal injury, property damage, or public officials’ errors and omissions. COUNTY self-insures losses up to $100,000 per occurrence. Losses exceeding $100,000 are covered by an excess insurance purchased through the County Supervisors Association of California-Excess Insurance Authority (CSAC-EIA). The excess policy provides coverage for losses up to 20 million dollars, which the County of Butte is legally required to pay because of liability imposed by law or assumed by contract. A recent actuarial evaluation performed by Bickmore Risk Services found the County of Butte’s self-insurance reserves to be adequately funded.
VIII. ALTERATION OF TERMS: The body of this MOU fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees shall be valid unless made in the form of a written amendment to this MOU which is formally approved and executed by all parties.
IX. NOTICES:
All notices, claims, correspondence, reports and/or statements authorized or required by this MOU shall be addressed as follows:
COUNTY Contact Information:
Contract Monitor: Click or tap here to enter text.
Butte County Department of Behavioral Health
3217 Cohasset Road
Chico, CA 95973-5404
Email: Click or tap here to enter text.
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Telephone: Click or tap here to enter text.
Contract Liaison: Click or tap here to enter text.
Butte County Department of Behavioral Health
3217 Cohasset Road
Chico, CA 95973-5404
Email: Click or tap here to enter text.
Alternate Email: [email protected]
Telephone: Click or tap here to enter text.
PARTNER Contact Information: Chief Bill LaGrone
Oroville Police Department
Address: 2055 Lincoln Street
City: Oroville, Ca 95966
Email: [email protected]
Telephone: 530-538-2475
X. DISPUTE RESOLUTION:
Any disagreements that may occur shall be resolved at the lowest possible level within the two agencies and with a cooperative spirit. COUNTY and PARTNER shall designate individuals who are responsible to resolve issues in a timely fashion regarding this MOU. Should agreement not be reached between the agencies after working through the process already prescribed, then the matter should go for discussion and consideration between the Directors of each agency.
XI. APPLICABLE LAW AND FORUM: This MOU shall be construed and interpreted according to California law and any action to enforce the terms of this MOU for the breach thereof shall be brought and tried in the County of Butte.
XII. TERMINATION:
COUNTY and PARTNER each reserve the right to immediately terminate this MOU, notifying each other likewise.
XIII. This MOU with Exhibit A and Attachment I represents the entire undertaking between the parties. 182
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MOU between Butte County and Oroville Police Department
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written.
PARTNER:
David Pittman Date
Mayor of Oroville
_______________________________________
Brian Ring, City Administrator Date
Oroville City of
APPROVED AS TO FORM
_________________________
Scott E. Huber
City Attorney
COUNTY:
Scott Kennelly, LCSW, Director Date
Butte County Department of Behavioral Health
Sarah MacArthur, Deputy Director Date
Butte County General Services
Approved as to Form: Reviewed for Contract Policy
BUTTE COUNTY COUNSEL Compliance, General Services
Contracts Division
By: By:
Brad J. Stephens
EXHIBIT A
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MOU between Butte County and Oroville Police Department
SCOPE OF WORK
A. FOR THE PURPOSE OF THE MCT PROGRAM, COUNTY AGREES TO:
1. Assign a Behavioral Health Counselor (BHC) to be available to respond to calls from PARTNER. a. The MCT program shall operate 24/7.
b. If an MCT is not available for response, Crisis Services dispatch shall notify PARTNER at request of the call.
2. The BHC’s shall travel and respond to calls using a designated COUNTY Mobile Law Enforcement Vehicle.
3. If the MCT determines that the individual in crisis meets the California Welfare and Institutions Code Section 5150 for an involuntary psychiatric hold, the MCT on duty can complete the 5150 application.
4. If an individual is placed on an involuntary psychiatric hold by either the MCT or the responding PARTNER, transportation shall be facilitated by the PARTNER. This applies only to 5150 holds that are generated from a PARTNER and MCT co-response call for service.
5. Individuals not meeting criteria for an involuntary psychiatric hold, who have been evaluated by the MCT may be transported in the MCT Vehicle to voluntary alternative locations (Ex: crisis services, CSU, shelter, etc.) if deemed appropriate based on MCT clinical judgment.
6. The MCT and responding PARTNER shall report any issue of concern, complexity, or disagreement directly to their respective supervisors as needed. It is expected that the MCT and responding PARTNER shall work collaboratively and generally work together to address day-today issues. The MCT Supervisor or designee shall be available by phone throughout the MCT shift for consultation and support.
7. The MCT shall share with responding PARTNER, where applicable, mental health protected information on the individual being engaged through a crisis intervention service, consistent with all applicable health privacy laws.
8. The MCT shall complete COUNTY paperwork associated with each crisis intervention service the MCT responds to, as needed.
9. The MCT shall be responsible for collecting the data associated with the number of calls and/or referrals for service in the Electronic Health Record System to track outcomes to quantify and measure program success.
10. The MCT shall assist PARTNER in gathering collateral information during a crisis situation (i.e. contacting family members, gathering previous crisis contacts and previous assault and suicide history, obtaining medical psychiatric treatment information, and other related information) as appropriate.
11. The MCT shall provide education/suggestions in regards to intervening with the individual(s) in crisis (clinical insight on anything pertaining to mental illness to include symptoms, diagnosis, medication side effects, triggers and dynamics).
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12. The MCT shall provide the PARTNER with information on community resources/referrals regarding the individuals in crisis (i.e. substance abuse, domestic violence, suicide prevention/intervention, mental illness, school support, grief support and other related resources).
13. The MCT shall never assume the role of the primary responder on scene.
14. The MCT shall collaborate with the different PARTNER entities by participating in trainings and meetings to ensure proper understanding of roles and responsibilities during crisis situations.
B. FOR THE PURPOSE OF THE MCT PROGRAM, PARTNER AGREES TO:
1. Assume primary responsibility for site control.
2. Assume role of primary responder when engaged with MCT.
3. Determine whether phone consultation or on-site consultation is needed from the MCT.
4. Coordinate training exercises with MCT to ensure proper collaboration when needed during a crisis situation.
5. Collaborate with the MCT on-call members by participating in trainings and meetings to ensure proper understanding of roles and responsibilities during crisis situations.
6. Facilitate transportation for clients to the appropriate receiving facility when a 5150 has been placed by the MCT in response to a call for service to PARTNER.
7. Agree to provide review on overall effectiveness on MCT deployments.
8. Agree to provide information to MCT regarding individuals who are involved in a crisis incident, when such information provides critical value to the safe resolution of those incidents.
ATTACHMENT I
INSURANCE REQUIREMENTS FOR MOST CONTRACTS
Not for Professional Services or Construction Contracts 185
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MOU between Butte County and Oroville Police Department
*Please provide a copy of Attachment I to your insurance agent.
Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. Before the commencement of work Contractor shall submit Certificates of Insurance and Endorsements evidencing that Contractor has obtained the following forms of coverage:
A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.
1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.
2. If no transportation services of any type are provided, and use of a motor vehicle is strictly limited to travel to and from work or work sites, evidence of Personal Auto Policy coverage with limits no less than $100,000 per person, $300,000 each accident, $50,000 property damage may be provided in lieu of Commercial Automobile Liability Insurance. 3) Workers’ Compensation Insurance: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.) If Contractor maintains broader coverage and/or higher limits than the minimums shown above, COUNTY requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to COUNTY.
B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The County of Butte, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used). 2) For any claims related to this contract, Contractors insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects to COUNTY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by COUNTY, its officers, officials, employees and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.
3) Each insurance policy required above shall state that coverage shall not be canceled, except with 186
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notice to COUNTY.
C. WAIVER OF SUBROGATION: Contractor hereby grants to COUNTY a waiver of any right to subrogation which any insurer of said Contractor may acquire against COUNTY by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not COUNTY has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of COUNTY for all work performed by the Contractor, its employees, agents and subcontractors.
D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the COUNTY. COUNTY may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or COUNTY.
E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to COUNTY.
F. VERIFICATION OF COVERAGE: Contractor shall furnish COUNTY with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. COUNTY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
G. SPECIAL RISKS OR CIRCUMSTANCES: COUNTY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
H. SUBCONTRACTORS: Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. If subcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing COUNTY certificates of insurance and endorsements before beginning work under this contract. 187
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADIMINISTRATOR
BILL LAGRONE, POLICE CHIEF/DIRECTOR OF EMERGENCY
SERVICES
CHRIS TENNS, FIRE CHIEF
PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR
DAVE RITCHIE, ASSISTANT CITY ATTORNEY
RE: DISCUSSION OF THE SALE AND USE OF FIREWORKS WITHIN THE CITY
DATE: OCTOBER 15, 2024
SUMMARY
Discuss current and future sale and use of fireworks within the City limits.
DISCUSSION
California Health and Safety Code 12599 allows for the sale of fireworks between 12:00 pm on June 28 through 12:00 pm on July 6 and prohibits the sale of fireworks at any other time within the State of California. Oroville Municipal Code 15.060.030 Section 319.2 regulates the sale and use of fireworks within the City of Oroville and limits the days and hours of sale from 12:00 pm June 28 through 12:00 am on the 4th day of July. Neither the State Health and Safety Code nor the Oroville Municipal Code provides regulation on when the fireworks may be utilized.
Wildfires have increasingly become a significant concern for all northern state communities and measures to prevent fires from occurring has increased in importance. One activity of noted concern over the past few years has been the sale and use of fireworks during high fire season as occurs each year on the 4th of July. Weather conditions (extreme heat, low humidity and high winds) and other fire activity throughout the State have been increasingly problematic, especially during July.
This last July the City and County encountered numerous fires, with the Thompson fire being the largest threat to the City. Due to the extreme weather conditions and fire activity throughout the State, the Director of Emergency Services issued a local emergency declaration along with a temporary ban on the use of all fireworks within the City limits. These actions were ratified by the City Council during a Special Council meeting held on July 9, 2024. During that meeting, the Council requested that staff agendize a discussion on the future sale and use of fireworks within the City limits. A preliminary discussion took place at the September 3, 2024 City Council meeting. During this meeting, the Council discussed a number of options, including but not limited to the following:
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Keep the sale and use of fireworks as currently allowed within City limits; Ban sale and use of fireworks in the City limits;
Keep the sale and use of fireworks as currently allowed within City limits; pending a ballot measure on this topic being placed on the ballot in 2026 election; Temporarily ban the sale and use of fireworks; pending a ballot measure on this topic being placed on the ballot in 2026 election.
Staff were directed to bring this item back again to allow more time for the public to comment on this matter.
FISCAL IMPACT
None
ACTION REQUESTED -
Provide direction to staff on any changes the Council may wish to implement with regard to the sale and use of fireworks within the City limits.
ATTACHMENTS
Oroville Municipal Code Section 15.060.30
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1 Ordinance 1879 — OMC Chapter 15.98 Amendment to Building Code ORDINANCE NO. 1879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING CHAPTER 15.60 TO TITLE 15 OF THE MUNICIPAL CODE, TO REINSTATE SECTION 15.60.030 OF THE FIRE CODE
The City Council of the City of Oroville does ordain as follows:
SECTION 1: Chapter 15.60.030 is added to amend Title 15 of the City of Oroville municipal code, to read:
Chapter 15.60.030 Amendments to the California Fire Code.
Sections:
15.60.010 Purpose
15.60.020 Adoption of California Fire Code
15.98.030 Amendments to the California Fire Code
15.98.040 Express Findings
Section 15.60.030 Purpose
15.60.030 Amendments to the California Fire Code
Section 105.3.3. No final inspection by the building official as to all or any portion of a development shall be deemed complete, and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the Fire Chief, or the Chief’s designee.
B. Section 105.8 is added to read as follows:
Section 105.8. Fees and Special Requirements. The fees for the permits and other services shall be as established by resolution of the Oroville City Council. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid to the City of Oroville prior to engaging in the listed activities, operations or functions.
C. Section 302 is amended by adding the following definition:
Fireworks. Any composition or device for the purpose of producing a visible or audible effect for entertainment purposes by combustion, deflagration, detonation or any fireworks including “safe and sane” as defined by Section 12529 of the State of California Health and Safety Code. D. Section 315.1 is amended by adding the following exception to read as follows:
Section 315.1 General. Storage, use, and handling of miscellaneous combustible materials shall be in accordance with this section. A permit shall be obtained in accordance with Section 105.6.
Exception: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, I Occupancy, unless the method of storage is approved by the Fire Code Official. E. Sections 319.1 through 319.7 are added to read as follows:
Section 319.1 General. The manufacture of all fireworks, as defined in Section 302, is prohibited. 190
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Advancing Education,
Improving Lives and
Providing California’s
Social Services Safety Net
3,000 Nonprofits.
35 Million Dollars.
ln less than one week...
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Now more than ever....
For decades, California’s nonprofits have been there to take care of community needs not covered by private resources and government programs. But today’s financial turmoil has put them in a squeeze that they are scrambling to cope with:
• Donations are down.
• Government funding has been decimated at all levels and across all programs. • The need for social services, education support and youth services is skyrocketing.
In the face of this perfect storm, 3,000 nonprofits in over 270 California communities are relying more than ever on the funds they raise by selling State Fire Marshal-Approved Fireworks (Safe and Sane). They range from well-established organizations that deliver critical services for large numbers of people to tiny groups that fill a specific niche with the help they provide.
The stories on these pages are just a partial glimpse at how lives are changed when nonprofits put their fireworks sale proceeds to work.
Fast Facts
Who: Willow Oak Fire Department
Where: Yolo County
How much: $5,000
Benefit: Purchased and sent fire engine to fight statewide fires The Willow Oak Fire Department
knows the difference between a risk
and an opportunity – and they prove
that every year when they sell Safe and
Sane fireworks to the people in their
small community.
“People might think it’s a conflict of interest for a fire department to sell fireworks,” said Captain Jason Barker. “But we’re encouraging the use of Safe and Sane fireworks and not the illegal kind that cause so many problems.”
The opportunity that comes with fireworks sales became
evident in 2008 when the department’s volunteer firefighters took their accumulated proceeds and purchased a CDF Type 3 fire engine. They not only used it at home in Yolo County, but also sent it to Butte County and San Diego to help fight the state’s many disastrous wildfires.
Kenny Trongo, chairman of the fireworks committee, says it is the only annual fundraiser that the firefighters count on. “Right now, we’re setting money aside for more equipment,” he said. “It’s a pretty significant impact for us and it would be very difficult to replace or do without.”
Cutting to the Chase…
People who understand the
importance of fireworks proceeds
as a fundraising source had these
thoughts about the pressures that
nonprofits face in today’s economic
environment:
Diminished
government
funding
“We would be playing in tatters
if it weren’t for fireworks sales.
Our kids would be out of luck for
uniforms because there just isn’t
any other money to replace them
every four years.”
— Jeromy Blackwell, football coach
Strathmore High School
Tulare County
Government support for
nonprofits has declined. For
2009, 56% of human-service
organizations reported receiving
less state money, 49% had less
local government money and 31%
lost federal funding.
The Chronicle of Philanthropy
“Social Services Hit Hard by Government Cuts”
October 21, 2010 198
Item 7.
Fast Facts
Who: Duarte LULAC
Where: Los Angeles County
How much: $30,000 LULAC/$100,000 Duarte-wide
Benefit: Supports efforts of dozens of organizations to reach hundreds of families
As a former mayor, current city councilman and founder of the local chapter of the League of United Latin American Citizens, Phil Reyes is intimately familiar with the money that flows into Duarte from fireworks sales. The city only allows five booths, and those nonprofits with permits usually partner with other organizations to share the proceeds.
“We provide funds to parents who can’t bury their children, families that are in need of clothing, the homeless, students who need scholarships to continue with their education – the list goes on and on and on,” he says.
The councilman adds that LULAC alone has given out about $175,000 in scholarships since its initial fireworks fundraiser almost two decades ago. In addition, LULAC provides support to about 15 partner organizations, including schools, athletic teams and church youth groups.
“Fireworks sales are a vital lifeline for every one of our organizations in Duarte,” Reyes says. “It supplements a lot of programs, especially in these horrible economic times.” “Continual state education
funding cuts leave athletic
programs with virtually no
money for their survival. We are
dedicated to supplying needed
uniforms, equipment and
supplies. The baseball program
would have severe problems
continuing without the revenue
that fireworks make possible.”
— Nancy Chance, president
Sheldon High School Boosters
Elk Grove
Photo: Lafayette C. Hight Jr.
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Skyrocketing
need for services
“For the students who fall between
the gap of getting public assistance
and having full insurance, we are
there to help. Our mission is that
there will not be a child in school
in Kings County that lacks glasses if
they need them – it’s so important
for their educational success. If we
didn’t sell fireworks, we wouldn’t
be able to offer free eye screening
and eyeglasses to needy students,
and we probably couldn’t fund the
scholarships we do now for future
vision care professionals.”
— Jim Gregory
Hanford Breakfast Lions Club
Kings County
“Everyone benefits from charitable
organizations selling fireworks.
Families come together for an
evening of American patriotism,
and nonprofit groups are able to
help hundreds of youth in our city
at a level they couldn’t otherwise,
if at all.”
— Pastor Richard Sinclair
Woodland Christian Center
Woodland
Fast Facts
Who: Southeast Los Angeles Special Olympics
Where: Los Angeles County
How Much: $7,000
Benefit: Free sports participation for 250 kids with special needs Jeanette Gosden is blunt. “We can’t do without our fireworks proceeds – everyone knows it.”
As fundraising chairperson for the Southeast Los Angeles Special Olympics area, she sees what a difference the Special Olympics organization makes in the lives of families and their children with disabilities. On an individual basis, 250 children find out that they can play sports and succeed.
They also take pride in the shared achievement of the allgirl basketball team in Lakewood. As the Southern California champions of the summer games for eight years in a row, the team holds a special place in the hearts of many and has been the catalyst for grants and donations.
But still, nothing would be there to backfill the void if fireworks were not sold every year. “The money is used for transportation, equipment and uniforms; it’s a very important source of income for us,” she says. “No one, not one athlete, has to pay a dime out of their pocket to participate – and that means a lot to many, many families.”
Fast Facts
Who: McDowell Drug Task Force
Where: Sonoma County
How Much: $20,000
Benefit: Anti-drug messaging to students in 22 schools
The McDowell Drug Task Force won national attention
last year when it created a special day to draw attention to the dangers of prescription drug abuse. “Lock Your Meds” Day taught students and families about the dangers of what teenagers can find in a medicine cabinet.
It’s just one of the many initiatives that the group brings to 22 schools to fight drug and alcohol abuse, including DARE, Red Ribbon Week, Project Graduation and Every 15 Minutes.
“For 27 years, we’ve been working with families and children,” says Dick Sharke. “We don’t have a paid staff or a fancy office but we do have the support of the community, the teachers, the schools and the newspaper.”
Fireworks proceeds underwrite more than half of the cost of the outreach. “We would have to close down if we couldn’t sell fireworks,” he says. 200
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“We’ve given money to help a
veteran get re-situated after his
house burned down, and we’ve paid
for repairs to a house owned by the
widow of a Marine who died in Iraq.
If a veteran is down on his luck and
needs food, we’ll give him money.”
— Bob Repar, fireworks chairman
Folsom Marine Corps League
Folsom
“Our goal this year is to send as
many as 150 kids to camp. Thanks
to our fireworks fundraiser, we’re
able to provide youths a positive
message of life, hope and change
as they develop into the future
leaders of this community.”
— Scott Ray, fireworks chairman
New Life Center
Porterville
Fast Facts
Who: Central California Youth Symphony
Where: Fresno County
How Much: $15,000
Benefit: Sending students overseas for concerts and musical education A youth in foster care could not afford the “extravagance” of playing a musical instrument until he became part of the Central California Youth Symphony. Not only was he able to travel overseas, but he also played an instrument throughout high school and joined the marching band in college.
Another student played percussion in the symphony, joined two overseas trips and eventually formed a noted Ska band called the Checkmates. Today he is a music producer in Los Angeles. Yet another student, who went on the first trip ever sponsored by the symphony, is today the Concert Master for the University of the Pacific Symphony.
These are just a few of the tales that fundraiser Vaughn Melcher and conductor Sheldon Schlesinger like to reminisce about when they consider the impact the Central California Youth Symphony has had on dozens of youth. Every two years, the symphony travels overseas to places like China, France, Belgium, Northern Italy, Austria, Germany and the Czech Republic, to name a few. Fireworks sales underwrite the cost of travel, instruments and much more.
“A lot of schools have had to cut band and orchestra from their programs because of funding problems,” Melcher says. “It would certainly put a big hole in the budgets of a lot of youth groups if we didn’t have fireworks to count on.”
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Alternative
resources slim
“Without the funds from fireworks
sales, we’d have to close down
for two months. That means 55
kids would be out on the streets
every day for two months. Our
program means an incredible
amount to these young people.
One boy, who was sentenced to
community service with us for
tagging buildings in Adelanto,
decided to pay $25 out of his
own pocket to become a member
when his time was up. We
helped him earn his GED and
he mentored other kids about
staying out of gangs. Without the
money that fireworks provide, we
would be in a world of trouble,
which means our kids and our
society would be in trouble.”
— Mark Sawyer
Boys and Girls Club of Victor Valley
San Bernardino County
What the Experts Say…
• Donations to the nation’s biggest
charities dropped 11% in 2009,
according to the Chronicle of
Philanthropy (October 17, 2010).
The decline was the steepest in
the two decades the Chronicle
has been tracking contributions.
• Many organizations suffered
greater declines than the average,
including a 27% drop for Food for
the Poor and a 17.2% decrease for
the YMCA.
• In comparison, donations fell 24%
between 1931 and 1933 as the
Great Depression settled in for
the long run. During the longest
recent recession (1973-75), giving
dropped only 9.2%.
• Dr. Paul Light, professor at New
York University’s Robert F. Wagner
Graduate School of Public Service,
predicts that the crisis in funding
will force 100,000 nonprofits to
close over the next two years.
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“Fireworks bring in more than
double what we make through
our concessions, pizza and car
wash fundraisers. We’re in a rural
area and a lot of families can’t
afford to pay for what our annual
fireworks sale provides. We don’t
want to refuse any kid who
wants to play sports. Our football
program keeps our youth off the
streets.”
— Arlene Ramirez-Moore,
donations director
California City Youth Football
California City
“Our fireworks fundraiser gives us
85 to 90 percent of what we need
to operate and support all our
youth and veterans’ programs.
Without people buying fireworks
from us, we couldn’t operate at all.”
— John Kucek, treasurer
American Legion Post 210
Gridley
Over 270 California
communities
benefit from
fireworks
fundraising.
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Meeting
community needs
“One grandmother recently
wrote to tell us how grateful her
granddaughter was for the bed and
dresser we were able to give her.
But we have more than 100 people
waiting for beds, kitchen tables,
dressers and more. Fireworks sales
are only one fundraiser among
many for us – but I don’t know
what else we could do to make that
kind of money if we couldn’t sell
fireworks.”
— Jeff Johnson, Love INC
(coalition of 50 congregations)
Sacramento County
“The funds from fireworks sales
make up a major portion of our
income. Without this fundraiser, we
would only be able to open one day
per week. It would severely curtail
the number of people we are able
to help. Last year, none of the
6,500 men, women and children
who came to the center for food or
clothing was turned away.”
— Debbie Caravalho
Viola Blythe Center
Newark
Are Safe and Sane Fireworks a responsible choice for California? Yes… Now more than ever!
A drought-prone state that falls victim to devastating lightningcaused wildfires on a yearly basis needs to weigh its priorities carefully.
On one hand, not only do the sale of State-Approved Fireworks provide vital funding for critical programs that hold communities together, but they also help provide a celebratory bond for families and neighborhoods throughout this state every 4th of July.
On the other hand, tinder-dry conditions make policymakers question the risks involved with allowing families to buy and use State-Approved Fireworks.
Here are the facts:
• Since 1992, every State Fire Marshal has consistently stated, “Illegal fireworks remain Public Enemy #1 for the fire service!”
• Both state and local fire statistics clearly show that problems from illegal fireworks are most prevalent in communities that do NOT allow State-Approved Fireworks. • 1992 was the second year of the last statewide drought and a benchmark year for gathering fire incident reports. The State Fire Marshal’s statistical data for 1992 shows that of the fires attributed to all types of fireworks, 92% of those fire losses were caused by illegal fireworks. • Nonprofits that provide community services and support would be devastated, and in some cases be forced to close programs, if they could not sell State-Approved Fireworks to raise the funds needed to continue serving their communities.
• Since 1993, 33 communities in California have reversed prior bans on colorful, backyard, family celebrations of our nation’s birthday. All of these communities have reported a decrease in problems and none have taken any action to reinstate the bans.
Here is what local officials have to say in those 33 communities:
• Tulare County – Fire officials reported a decrease in calls for service on the 4th of July once the county allowed the sale of State-Approved Fireworks in 2003. • City of Stanton, Orange County – In a 1998 article, the Los Angeles Times quoted city officials as saying that they had five trouble-free years after the 1993 City Council vote allowing the sale of State-Approved Fireworks there.
• Cathedral City, Riverside County – The fire department reported to the City Council that allowing the sale of State-Approved Fireworks, beginning in 2003, led to a sharp decrease in the use of illegal fireworks each year and that by 2007 none were confiscated. • City of Manteca, San Joaquin County – According to city police, the City of Manteca has encountered no major problems involving the sale of State-Approved Fireworks after reversing its 20-year ban in 2005.
When it comes to celebrating the 4th of July, California can have it all. We can celebrate our nation’s birthday with StateApproved Fireworks. We can reduce risks from illegal fireworks.
And we can increase resources for nonprofits. In today’s stressful economic times, it’s a responsible policy choice that makes sense for our state – now more than ever.
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California Fireworks
Safety & Education
Program
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Over the years, a number of individual fire departments, the Office of the State Fire Marshal (SFM), and elements within the fireworks industry have sponsored or participated in the production of public safety messages about illegal and/or state-approved fireworks. However, prior to 1991 most of these efforts had not been distinguished by a great deal of cooperation and coordination between the fireworks industry, the non-profit organizations and charities who sell state-approved fireworks, and all the various levels of the fire protection and prevention communities.
On November 7, 1990, American West Marketing and Freedom Fireworks, both now known as American Promotional Events, Inc., appeared before the State Board of Fire Services1 and proposed an aggressive, coordinated effort between the fire service, the fireworks industry and the non-profit organizations. Pursuant to a unanimous resolution by the Board, the proposal was referred to as the SFM’s Public Education Advisory Committee (PEAC) to study the issue and report back.
After discussing the scope, direction and limits of a statewide safety and education effort with numerous fire protection and prevention officers throughout the State, PEAC suggested that the program be limited to the following four goals:
1. The proper and responsible use of state-approved fireworks;
2. How to identify legal fireworks;
3. The hazards of illegal fireworks; and
4. The use or possession of illegal fireworks is illegal and may result in a criminal citation or arrest, including a felony.
PEAC further recommended that delivery of this program be limited to those 200 communities that currently permit the sale and use of state-approved fireworks. At the February 6, 1991 quarterly meeting, the Board adopted PEAC’s recommendation unanimously. 2004 marks the fourteenth year of this highly successful, cooperative program. From its initial award-winning, public service announcements (PSA’s) featuring the late former President Ronald Reagan to its PSA’s featuring television personality Ron Masak, to its Illegal Fireworks Amnesty Program; to its “Dangerous Games” video; to its “Private Eyes” campaign, and, most recently, its two new radio and television PSA’s featuring country music duo sensation “Brooks & Dunn,” this program has received wide acclaim from school districts, the media, the fire service, City Councils, Boards of Supervisors and the State of California for the successful impact it has had on 4th of July safety.
CALIFORNIA FIREWORKS
SAFETY & EDUCATION PROGRAM
1 An advisory board to the California State Fire Marshal that meets quarterly and provides a state level forum for addressing fire protection/prevention issues of statewide concern. Its membership is composed of representatives of local and county government, fire service, labor and management organizations, California Department of Forestry, Office of Emergency Services and the insurance industry. 206
Item 7.
Program Against Illegal Fireworks
The Office of the State Fire Marshal (SFM) was established in state government to foster, develop and promote ways and means of protecting life and property against fire, panic and explosion. California law grants the SFM primary, and in most instances exclusive, responsibility and jurisdiction for administering the laws governing fireworks as well as directs the SFM to adopt and enforce regulations governing the use, sale, storage and transportation of these fireworks in California. In 2004, the SFM will be offering the following safety and education materials on illegal fireworks:
Printed Material
Illegal Fireworks BrochureS
“Dangerous Games - THE PREVENTOR Talks to You about the Dangers of Illegal Fireworks” This illegal fireworks brochure outlines the dangers and safety risks posed by the use of illegal fireworks. It also provides some sound advice to parents about how they should talk to their children about illegal fireworks and the emotional, criminal and financial consequences that they and their children might have to face if they fail to take the time or make the effort.
The back panel of this brochure has illustrations and descriptions of the more commonly found dangerous, illegal firework items. This portion of the brochure was designed so that it could be used by police and fire departments as well as teachers and parents to help them identify illegal fireworks. This brochure can be used by teachers as a classroom teaching aid when showing the award-winning, short subject video, “Dangerous Games.” In 2004, over 11⁄2 million brochures were distributed to students at over 1,700 schools in 250 school districts throughout California.
“The Trouble With Illegal Fireworks”
In response to requests from a number of school districts throughout California that this Safety & Education program offer a “more hip” version of the SFM’s illegal fireworks brochure for use with older students, in 1998 the SFM designed an illegal fireworks safety brochure for grades 7 through 12 entitled “The Trouble With Illegal Fireworks.” The message in this brochure is essentially identical to that presented in the “Dangerous Games” brochure but is targeted to reach a pre-teen to teenage audience.
Illegal Fireworks Poster
“THE PREVENTOR Says - ‘Stay Away from Illegal Fireworks’” This full-size 18"x 24" poster featuring the PREVENTOR provides a compelling warning about illegal fireworks.
Video Material
Television PSA
“Illegal Fireworks” featuring THE PREVENTOR
In an effort to more directly target children and preteen audiences with a captivating message designed to educate them on the dangers and safety risks posed by illegal fireworks, the SFM designed a 30-second PSA which urges kids to do their part to protect their community by not using dangerous, illegal fireworks.
Standing in front of a fully-engulfed home which was set afire by bottle rockets, THE PREVENTOR declares, “Every year hundreds of people see their dreams go up in smoke as a result of illegal bottle rockets.” Then, while holding a handful of the dangerous, illegal items in front of his “Darth Vadar-like” helmet, he drives home the point that when these items shoot in the air you do not know where they will land, “Maybe on someone’s roof.” As he turns and points to the fire he states, “That’s what happened here.” This 30-second PSA is distributed to over 45 network-affiliated and independent television stations throughout California. In addition, American Promotional Events, Inc. purchases additional “paid” spots on over 26 cable systems throughout California for a 7 to 14 day period surrounding the 4th of July. 207 Item 7.
Program on Responsible Use of
State-Approved Fireworks
Consistent with the request made by the fire service and PEAC, the Office of the State Fire Marshal (SFM) has produced or assisted with the production of several printed and video items which encourage state-approved fireworks consumers to be responsible and safe in their use and enjoyment of these products. In 2004, the SFM will be offering the following safety and education materials on state-approved fireworks:
Printed Material
Safety BrochureS
“Celebrate Safely” (Bilingual: English/Spanish)
This bilingual safety brochure featuring THE PREVENTOR is designed to promote consumer awareness and responsible use and enjoyment of these products approved and tested by the State Fire Marshal. Distribution of this brochure is limited to the almost 262 communities throughout California that permit the sale and use of state-approved fireworks every 4th of July. The brochure urges that these products be used as they were intended... safely... as part of a healthy... family-oriented 4th of July celebration. In 2004, over 11⁄2 million brochures were distributed to students at over 1,700 schools in 250 school districts throughout California. “Celebrate Smart – Be A Leader”
In response to requests from a number of school districts throughout California that this Safety & Education program offer a “more hip” version of the SFM’s safety brochure designed to promote consumer awareness and the responsible use and enjoyment of state-approved fireworks, in 1998 the SFM designed a State-approved fireworks brochure for grades 7 through 12 entitled “Celebrate Smart – Be A Leader.” The message in this brochure is essentially identical to that presented in the “Celebrate Safely” brochure but is targeted to reach a pre-teen to teenage audience.
Trading Card
“The PREVENTOR ‑ Put Safety First on the 4th”
This full-color, safety trading card features a commanding picture of THE PREVENTOR on the front. It serves as a nice pocket-size reminder of all the safety tips that should be followed when celebrating safely and responsibly with state-approved fireworks. Safety tips, the SFM seal and other key information are printed on the back side of the trading card. This card is available for school and community distribution. “Private Eyes” Campaign
In an effort to try to stress the seriousness of the risks posed by the use of dangerous, illegal devices and to bring the message home to potential violators on how serious local law enforcement and fire officials view this subject, the SFM has assisted many local communities in implementing a “Zero Tolerance” effort against illegal fireworks along with encouraging them to have tough sentencing guidelines that apply to both adults and juveniles found to be using illegal fireworks.
In 2002, the “Private Eyes” campaign debuted. It is the latest wrinkle in this “Zero Tolerance” effort. The “Private Eyes” campaign consists of television and radio PSA’s supported by large traditional as well as LED billboards. The program solicits the public’s help in identifying illegal fireworks violators and provides the public a toll-free number of “888-SAFE-4TH” (888-723-3484) to contact their local, police, non-emergency dispatch number to report the alleged violation.
Safety and Education Video on Illegal Fireworks
“Dangerous Games”
This 7-minute, short subject, safety video featuring THE PREVENTOR was developed and produced in conjunction with the Greater Sacramento Area Fireworks Safety Task Force, a safety coalition composed of representatives of local government, the fire service, non-profit organizations, the media and the state-approved fireworks industry. In 2004, VHS copies of the video were distributed to over 1,700 schools in 250 school districts throughout California as well as being broadcast on numerous local originations, public access and local government cable channels in over 228 communities for a 2-week period surrounding the 4th of July. 208
Item 7.
Program on Responsible Use of
State-Approved Fireworks
I am a Fire Prevention Officer and would like to
become involved in California’s Fireworks Safety
and Education Program.
My specific prevention/protection responsibilities
for my department are:
Please fax or mail to:
Office of the State Fire Marshal
1131 “S” Street
Sacramento, CA 95814
Fax: (916) 445-8458
I am a school teacher/official and would like my
school/district to be involved in California’s Fireworks Safety and Education Program.
How Can I Get Involved?
I teach
My school is in session from
Please fax or mail to:
Revell Communications
1121 L Street, Suite 806
Sacramento CA 95814
Fax: (916) 443-5065
(i.e. September 1-June 1, year round, summer school, etc.) Video Material
Television PSA
“Only In America” and “Time To Celebrate” featuring “Brooks & Dunn” These two, new, 30-second radio and television PSA’s featuring country music duo sensation “Brooks & Dunn” encourage proper, safe and responsible use of state-approved fireworks. American Promotional Events, Inc. purchases “paid” spots on cable systems in “open” communities for the period of June 25 through July 4, 2004. Thousands of these spots are broadcast on over 26 cable systems throughout California, reaching over 262 communities, over 3 million homes with the potential of over 6 million viewers. The two television PSA’s will be broadcast on CNN, CMT, MTV, VH1, ESPN, TNT, Nickelodeon, Headline News, The Discovery Channel, USA and Lifetime. The two radio PSA’s will be broadcast on news/talk and country music stations in the Greater Sacramento Area and throughout the Central Valley area from Modesto to Bakersfield.
Safety and Education Video
“Celebrate Safely”
This short 8-minute safety video suggests some common sense precautions and safety measures parents and their children should follow when using state-approved fireworks. In addition to its distribution to over 1,700 schools in over 250 school districts, this video is run on public access, local origination and local government channels on over 26 cable systems throughout California for a 2-week period leading up to the 4th of July.
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