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Minutes 2008/06/24 8872 City of Gilroy Special City Council Meeting Minutes Tuesday, June 24, 2008 I. CALL TO ORDER Mayor Pro Tempore Dillon called the meeting to order at 7:30 p.m. Mayor Pro Tempore Dillon lead the Pledge of Allegiance II. ROLL CALL Present: Council Member Peter Arellano, Council Member Dion Bracco, Council Member Craig Gartman, Council Member Cat Tucker, Council Member Perry Woodward, Mayor Pro Tempore Bob Dillon Absent: Mayor AI Pinheiro III. CONSIDERATION OF THE ADOPTION OF AN EMERGENCY ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 10A OF THE GILROY CITY CODE TO BAN THE SALE AND USE OF ALL FIREWORKS, INCLUDING SAFE AND SANE FIREWORKS, IN THE CITY OF GILROY IN 2008 City Administrator Haglund spoke on the request of Council to hold the Special Meeting stating that staff would be available to answer any questions on the issue of banning fireworks in the City. Fire Chief Foster spoke on the severity of the fire season sharing the draught conditions and low precipitation explaining that in such conditions fires traveled quickly. He shared the most recent fires in the area and throughout the State. Chief Foster continued by sharing the fire activity levels in the City of Gilroy for years 2000-2007during the Fourth of July season. He then explained that there had been no fires caused by fireworks in the urban interface areas in the recent history to his knowledge. He spoke on the educational efforts during the Fourth of July fireworks sales period and shared the funding sources gained through the sale of fireworks to manage enforcement and investigation. Council Member Arellano spoke on the mutual aid agreement with the City and CalFire asking if the City of Gilroy Fire Department had assisted CalFire with any of the recent fires. Chief Foster explained that they had assisted with the fires in Santa Cruz County as well as the Butte Complex fire. Council Member Arellano spoke on the City reliance on CalFire for mutual aid asking if CalFire would be there if a fire broke out in the City. Chief Foster stated that they would assist the City explaining that at the current time there were a sufficient number of resources to help the City, but things could change due to the significant number of fires in the State. Council Member Woodward asked how the City was compromised by the fires throughout the State if a fire was to brake out in the City. Chief Foster explained that the City was staffed up and County Fire and San Jose Fire were also available for mutual aid. He explained that he had not been put on notice that there were not enough resources as of yet. Council Member Woodward stated that the real problem was the use of illegal fire works. 8873 Chief Foster agreed. Council Member Woodward asked if there was anything that inhibited suppression of illegal fireworks if safe and sane fireworks were still able to be used. Chief Foster stated that he had heard the same concern before stating that he didn't know how much strength there was to the argument. He then explained that he had seen a tremendous use of illegal fire works in the City which was the greatest risk. He then stated that he did not know that there was a difference in the response time due to the use of both illegal and legal fireworks at the same time. Council Member Woodward asked if the fires reported from 2000 forward had been within the urban setting as opposed to the rural, wildfire setting. Chief Foster agreed stating that there had been no significant fires due to the use of illegal fireworks in the area to the west in the rural areas explaining that the use of illegal fireworks was more prone to the urban setting. Council Member Woodward asked if the enforcement in the urban areas was compromised due to the draught conditions. Chief Foster stated that mutual aid would be called for a fire in the urban setting stating that the urban areas were not more compromised. Council Member Bracco asked what the fireworks vendors were charged by the City. Chief Foster stated that they were charged 7% of their total sales for the cost of the public education and the cost of additional staffing during the sales period. Council Member Arellano asked if lawns were considered grass fire areas. Chief Foster stated that he was referring to abandoned lots. Council Member Arellano spoke on the low precipitation asking if the Chief considered the conditions to be a dry year. Chief Foster stated that it was. Public comment. Rick Mello spoke on the use of the funds from the sales of fireworks for his boxing program stating that the City Council should reconsider banning the sale of fireworks. Ed Jensen spoke as a representative of the Quarterback Club explaining that the fundraising efforts from the sales of fireworks supplemented the High School football team for camps and equipment. He stated that he understood the concern but the decision to stop the sale of fireworks was being made 7 days before the sales began and the club had already begun to expend funds for camps for the team members. He suggested the Council consider the item a year prior to July 4th so that fundraising efforts could be sought elsewhere. Rick Salazar the president of the Gilroy Browns Cheerleading club spoke on the cheerleading program and fundraising through the sale of fireworks. He explained that 70% of their funding came from the sale of fireworks and checks had already been written with the intention of raising the funds from fireworks sales. Rene Rios spoke on the Browns and Quarterback Clubs explaining that he had and knew children that had gone through both programs. He stated that he believed that illegal fireworks would be used if the safe and sane fireworks were not available and asked the Council to reconsider the proposal. Gene Della Maggiore and Joanne Della Maggiore, sales representatives for TNT 8874 fireworks shared the safety literature that was provided at the fireworks stands. He then spoke on the safety concerns with the sales of fireworks stating that the City of Gilroy had always been on the leading edge of the safe sale of fireworks as no other City in the State offered the sale of assortments only and a short sales period. He explained that the State of California had the most strict rules in the nation with regards to fireworks. Council Member Gartman spoke on the brochures that were handed out to Council asking if everyone who purchased fireworks received one. Mr. Maggiore stated that they did along with a City authored piece of information on the locations that are off limits for fireworks. Mrs. Maggiore stated that Gilroy schools were also provided with a public safety video and literature piece if they chose to participate in the program. Council Member Gartman asked if there was a copy of the safety DVD available. Mr. Maggiore stated that there was. Mrs. Maggiore spoke on the educational efforts at the local schools. Public comment was closed. Council Member Arellano asked how many cities in Santa Clara County sold fire works. Chief Foster stated that the City of Gilroy was the only City that sold fireworks. Council Member Arellano asked what other nearby Cities sold fireworks. Chief Foster stated that Hollister and Watsonville sold fireworks. Council Member Arellano shared his concern with the use and sale of fireworks explaining that the Council had decided to deliberate in public to address an the importance of the issue. He spoke on his support of the non profits who sold fireworks as a fund raiser and explained that the State was in an unprecedented position with the number of fires. He spoke on the most recent fires in the region and the uncertainty of possible fire danger in the future. He spoke on the number of patients he had seen with breathing related issues due to the smoke in the atmosphere and stated that there was no reason to add to the possibility of additional fires. He stated that it would be easier to identify the use of illegal fireworks if the safe and sane fireworks were not permitted, explaining that it would also decrease the risk of a possible fire. He explained that it was a tough decision and he wanted to hear what the rest of the Council thought about the issue. Council Member Bracco disagreed stating that the recent fires were caused by lightening. He shared the arguments surrounding the issue stating that July was always a dry month and the City had a very strong safe and sane fireworks program. He explained that the use of illegal fireworks would rise if the legal fireworks were banned explaining that the citations for the use of illegal fireworks paid for the enforcement. He explained that there was no connection between the sale of safe and sane fireworks and the current conditions stating that when alcohol got in the mix with the use of fireworks then there was a problem. He then asked that the Council address the use of fireworks in January to truly discuss the issues. Council Member Tucker thanked the public for the multiple emails and phone calls on the issue explaining that there were many emails in support of banning fireworks. She stated that she also understood the fear the fires had caused and explained that the illegal fireworks were what caused fires. She explained that the State Fire Marshal approved the safe and sane fireworks and she did not believe a policy should be adopted on the basis of what may happen. She spoke in support of raising the fine for the use of illegal fireworks and suggested that the volunteer police be brought in to help 8875 with enforcement. She concluded by explaining that fireworks were part of the American tradition and she supported the use of safe and sane fireworks on the Fourth of July. Council Member Gartman stated that there had been no nexus shared between the use of safe and sane fireworks and the causes of fires explaining that the Council had decided to hold a Special Meeting because a Council Member had a concern about the use of fireworks and the Council believed the issue should be discussed openly at a meeting. He then spoke in agreement with Council Member Tuckers statement on the increase in the fine for the use of illegal fireworks explaining that the public should communicate in their own neighborhoods that the use of illegal fireworks was unacceptable. He spoke on the safe handling of fireworks suggesting that all 16 groups selling the fireworks communicate to their customers the proper handling of fireworks. He concluded by stating that he didn't believe the governments responsibility to control the actions of it's citizens explaining that he didn't want to outlaw the use of a hazardous activity stating that he could not support the ban and was happy the Council had called the meeting to talk about the issue. Council Member Arellano explained that it was not a permanent ban of fireworks, but merely a suspension of their use stating that there were a number of emails on both sides of the issue and he had a concern with the health issues caused by the fires. He then explained that the City had mutual aid with the Fire Department explaining that they shouldn't be overworked and should be fresh and ready to fight the fires that were caused by accidents. He explained that responsible people who bought the safe and sane fireworks did not cause the fires but the air quality suffered and the use of legal fireworks made it more difficult to find the people who were using illegal fireworks. Council Member Woodward explained that the Fire Chief had stated that legal fireworks going off at the same time as illegal fireworks did not make it more difficult to fight the illegal fireworks stating that there was no public safety threat from the use of legal fireworks. Council Member Arellano stated that many other Cities in the area had outlawed the use of fireworks and probably had less of a problem with illegal fireworks because there were none. He then stated that the Chief had not said yes or no to the issue of enforcement of illegal fireworks. City Attorney Callon explained that the Charter required that a vote of 5 of the Council was needed to adopt the emergency ordinance. She then suggested that the Council could choose to call for a motion to consider the item without reading the ordinance by title. Mayor Pro Tempore Dillon explained that there was not enough support of the item to motion to introduce. City Attorney Callon then suggested that a motion to not adopt the ordinance could be made. Council Member Tucker asked for a roll-call vote on the item. Motion on Item III. Motion was made by Council Member Woodward, seconded by Council Member Gartman and carried (Council Member Arellano voting no and MaYQr Pinheiro absent) to not adopt the ordinance. IV. ADJOURMENT at 8: 24 p.m. +/1 /' " ~ "/ y_ " , - I ,. / /' ~~,..., .. / Shayvna Freels, CMC Citi Clerk