Administrative
Report
M.1., File # 23-6268 Meeting Date: 6/20/2023
To: MAYOR AND CITY COUNCIL
From: CAMERON HARDING, COMMUNITY SERVICES DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY’S 2023 FOURTH OF JULY
FIREWORKS DISPLAY INCLUDING POSSIBLE RELOCATION OR CANCELLATION
EXECUTIVE SUMMARY
At the regular February 2, 2023 meeting, the City Council approved an agreement with Pyro Spectaculars, Inc. (Pyro) to produce a barge-based firework display in King Harbor on the Fourth of July holiday. Subsequently, the Los Angeles Regional Water Quality Control Board (Board) held a regular meeting on May 25, 2023 where it adopted new regulations establishing a National Pollutant Discharge Elimination System (NPDES) General Permit (Permit) for the discharge of fireworks on or near the ocean. Following the Board’s action, Pyro informed the City it would invoke the Force Majeure provision in the Agreement with the City and decline to perform the show, due to concerns over the new Permit requirements and the potential for administrative or legal action for noncompliance.
Following extensive communication with Board officials, City staff have confirmed that the new fireworks discharge requirements can be met and the proper Permit attained. Despite these assurances however, Pyro remains reluctant to produce a barge-based show in 2023 under the new Board requirements.
In light of these developments, the City’s interdepartmental Special Events Team has considered alternatives for the 2023 holiday display, including attempting to find a different vendor willing to perform a barge-based show on the 4th and holding the event at an inland location. Unfortunately, staff has been unsuccessful in finding an alternate vendor to produce the show, either because of a lack of resources on such short notice or because of concerns related to the new NPDES permit guidelines.
A fireworks event based at an inland location has additional requirements, and a number of parks and public spaces have been considered by staff. These include Alta Vista Park, Dominguez Park, the Redondo Beach Performing Arts Center, and Redondo Union High School (RUHS). Each location poses unique challenges and variable costs.
Unfortunately, while both RUHS and Dominguez Park offer potentially viable options for an inland based show, staff were notified by Pyro that due to the necessary changes to the size of the firework shells and the lack of available equipment needed to launch from a land-based site, Pyro is unable to support an inland event in Redondo Beach on July 4th. Pyro offered July 1, 2 or 3 as alternate dates
M.1., File # 23-6268 Meeting Date: 6/20/2023
support an inland event in Redondo Beach on July 4th. Pyro offered July 1, 2 or 3 as alternate dates for consideration, but do not have the resources to accommodate the site change on the 4th.
If Pyro remains unwilling to participate in a July 4th barge-based display as scheduled, staff is seeking direction from the City Council on whether the event should take place at Redondo Union High School on July 3rd, at Dominguez Park on either July 1, 2 or 3, or be cancelled for 2023. It should be noted that given the increasingly short time frame, Pyro has indicated hosting a land-based event on any of the above alternate dates would be difficult.
In the meantime, staff has done preliminary outreach with food truck vendors and DJ’s to determine if it’s possible to enhance the visitor experience at Seaside Lagoon on the 4th and provide some form of special event. As of the drafting of this report, staff has not received confirmation of vendor availability. Staff will discuss the viability of this option at the June 20 meeting.
BACKGROUND
On May 25, 2023 the Los Angeles Regional Water Quality Control Board adopted new regulations establishing an NPDES Permit for the discharge of fireworks on or near the ocean. In a letter dated June 2, 2023 (attached) Pyro formally notified the City that they will not proceed with the fireworks display pursuant to the Force Majeure provisions in the Production Agreement. Pyro stated concerns over compliance with the Permit requirements as well as the potential for administrative or legal action for non-compliance. The City Attorney’s office has reviewed the agreement and the letter from Pyro, and believes that the known factors for Pyro’s decision to not move forward with producing the event do not fall within the Force Majeure clause.
Since the new Permit regulations were put in place in May, staff has had extensive communication with the Regional Board and has confirmed that the City could meet all of the new qualifications and be issued a permit. Following multiple discussions with Pyro representatives to convey this information, Pyro remains unwavering in its determination to not produce a barge-based show for the 2023 holiday under the new Board requirements. The City Council was originally scheduled to discuss options for the 2023 holiday event at its regular meeting on June 13, 2023, however the item was continued to the June 20, 2023 meeting due to a lack of quorum. Pyro has informed staff that as a result of the delay, it is unlikely to have the resources to mobilize critical plans, equipment and resources in time to produce the event, which would be held only two weeks later. Should the City Council desire to relocate the event to an inland location, staff will work urgently with Pyro to determine what is possible, if anything, consistent with the direction of the City Council.
As mentioned above, the City’s interdepartmental Special Events Team has considered alternate options, including finding an alternative vendor or holding the event inland with Pyro as the vendor.
Staff has reached out to multiple area vendors to determine their availability for a July 4th bargebased show. Unfortunately, they have not replied or have informed staff that they are unable to produce the show, either because of a lack of resources on such short notice or because of concerns related to the new NPDES permit guidelines. Finding and contracting with an alternative vendor is unlikely at this late stage.
A fireworks event based in an inland location must support a launch site for the fireworks, provide ample seating for visitor viewing area(s), and have an effective traffic control and mitigation plan. A number of parks and public spaces were considered including Alta Vista Park, Dominguez Park, the Redondo Beach Performing Arts Center, and Redondo Union High School. An analysis of each
M.1., File # 23-6268 Meeting Date: 6/20/2023
Redondo Beach Performing Arts Center, and Redondo Union High School. An analysis of each location is provided below.
Event Day Options
This first and most critical thing to note regarding an inland based option, is that a land-based show requires changes to the size of the firework shells and the equipment used to launch them.
Unfortunately, Pyro, after scouring their inventory of resources, is unable to support a land-based event on July 4th and can only offer July 1 - 3 as alternate dates. A few years ago, the City held a fourth of July firework display prior to the holiday. The community was not supportive of the date change and following the event requested the City hold future fireworks displays on the date of the holiday.
Of the two viable inland locations for City Council consideration, Dominguez Park is available July 1 - 3 and Redondo Union High School is only available on July 3rd.
Redondo Union High School
The preferred location reviewed by staff is the baseball field at Redondo Union High School. This site would provide ample space to safely launch the fireworks as well as provide options for traffic and safety control plans. This location would also provide a viewing area in Sea Hawk Bowl Stadium for the community to safely enjoy the show.
Staff has been in contact with Redondo Beach Unified School District Officials and have confirmed that the event could take place at this location, if a number of security and cleaning protocols are followed, including debris removal in and around the field and stadium immediately after the event as well as on the following day.
Unfortunately, due to other activities already committed at Redondo Union High School, the event
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could only be held on Monday, July 3 if that was determined to be the Council’s desired location.
Dominguez Park
Another open area reviewed as a potential site is Dominguez Park. The fireworks would be launched from the larger baseball field immediately behind the Historical Museum, as shown below.
There are a number of concerns or items to consider with this site, including:
· Impact on park users, since the entire park, including the dog park, would be fully closed on the day of the event
· Perimeter fencing would need to be rented to secure the fallout zone · Little League teams scheduled to practice on the field, would need to be relocated to Perry Park
· Staff has reached out to SCE to determine if it has concerns with the proximity of the power lines to the launch site and fallout zone. SCE has not responded as of the drafting of this report
· Although there are a number of traffic control concerns with this location, the Public Safety team believe that they can be overcome if this were identified as the preferred location
Dominguez Park has no date conflictions with other events and would be available on July 1, 2 or 3.
Alta Vista Park
Alta Vista was determined to be less than ideal as a result of parking and traffic issues that would be too difficult to overcome. Due to the nature of the shape and topography of the park, the majority of the site would need to be allocated for the fallout zone, eliminating any viewing areas for spectators.
M.1., File # 23-6268 Meeting Date: 6/20/2023
Redondo Beach Performing Arts Center
The least preferred location is the Redondo Beach Performing Arts Center. Although this would utilize existing open space in the parking lot on the corner of Aviation and Manhattan Beach Blvd., there is not enough space to launch the fireworks at a safe distance from the performing arts center.
As shown below, the center of the fallout zone would be immediately in front of the entrance to the facility.
An alternate site plan was considered at this location that would shift the launch site slightly west into the parking lot. This would require the fallout zone to overlap with Aviation Blvd., resulting in its full closure for both vehicular and pedestrian traffic. This would be problematic on a busy holiday, as it would greatly impact traffic flow to the area. Additionally, Manhattan Beach owns nearby sections of the road, so full closure would have to be coordinated externally, which would be difficult given the short turnaround time prior to the event.
Event Funding
Initial costs for the barge-based fireworks display was $75,000, which included the cost for the rental of the barge, fireworks, equipment and staff resources to produce the display, attain permits and provide any ancillary support to safely produce the event. Funding for the City’s barge-based show is available in the Tidelands Fund. Alternatively, if the event is to take place on an inland site, the Tidelands Fund would not be an allowable funding source. Should the City Council approve the location change to one of the proposed inland sites, an appropriation would be needed from the General Fund.
The costs for an inland based show at Redondo Union High School and Dominguez Park are as follows:
M.1., File # 23-6268 Meeting Date: 6/20/2023
Attractions at Seaside Lagoon
Considering that there is not likely to be a firework display viewable from Seaside Lagoon, staff has done preliminary outreach with food truck vendors and DJ’s to enhance the visitor experience at the lagoon on the holiday. Unfortunately, food truck vendors have either not responded to staff’s outreach or are already committed to other locations on July 4. Considering the proximity to the holiday, staff is not confident that a food truck vendor would be available to be at Seaside Lagoon. At this time, staff has not heard back from prospective DJ’s for a cost estimate, so it is anticipated that this service may also prove difficult to secure with such short notice.
Recommendations
If there is no change in Pyro’s willingness to perform as scheduled and contracted, staff recommends the City Council provide direction on the following options:
· Coordinate a show at Redondo Union High School on Monday, July 3 · Coordinate a show at Dominguez Park on July 1, 2 or 3, or · Host No Event in 2023
Pyro has indicated executing any of these options would be extremely difficult in the short two week time span.
COORDINATION
The Community Services Department coordinated with the City Manager’s Office and the Fire, Police, and Public Works Departments to develop this report.
FISCAL IMPACT
The barge-based show requires no additional appropriation as Tidelands Funds have been approved for the 2023 event. Should the City Council choose to move forward with an inland show, a General Fund appropriation in the amount of $75,000 or less would be required, depending on the site and associated clean-up and traffic control plan.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agreement with Pyro Spectaculars, February 7, 2023
· Notification from Pyro Spectaculars, June 2, 2023