CC 2013-02-12_11.a. Process for Weed Abatement and Sale of FireworksMEMORANDUM
TO: CITY COUNCIL
FROM; JOEL ARANAZ, FIRE CHIEF-FIVE. CITIES FIRE AUTHORITY
SUBJECT: CONSIDERATION OF STANDARDIZING THE PROCESS OF WEED
ABATEMENT AND THE PROCEDURES FOR THE SALE OF SAFE
AND SANE FIREWORKS WITHIN THE FIVE CITIES FIRE AUTH0RITY
JURISDICTIONAL BOUNDARIES
DATE: FEBRUARY 12., 2013
RECOMMENDATION:
It is recommended the City Council agree to pursue the .standardization of the weed
abatement process and the procedures for the sale of Safe and Sane fireworks
throughout the Five Cities Fire Authority ("Authority") jurisdictional boundaries and direct
the City Attorney to return with necessary amendments to the Arroyo Grande Municipal
Code and related actions to reflect the processes established by the Authority.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES.:
No finandal impact is projected. It is ffstir:nated imp>lementing this rec0mmenclati0n will
reduce the amount of Authority staff time necessary to administer the weed abatement
program and fireworks sales process.
BACKGROUND:
The City of Arroyo Grande administered its weed .abatement ancl fireworks sales
programs annually until the formation of the Five Cities Fire Aathority. Since 2011, the
Authority has administered each program according to the ordinances of the City of
Arroyo Grande.
The Authority administers similar pmgrams for the City of Grover Beach and the
Oceana Community Services. District according to their ordinances.
The citie.s of Arroyo Grancle, Grover Beach and the Oceana Community Services
District created the Authority for the purpose of providing more efficient and effective fire
protection services within each agency's respective jurisdictions.
The standardization of these programs under uniform regulations established by the
Five Cities Fire Authority will provide §reater efficiencies in. the delivery of fire protection
services.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF STANDARDIZING THE PROCESS OF WEED ABATEMENT
AND THE PROCEDURES FOR THE SALE OF SAFE AND SANE FIREWORKS WITHIN
THE FIVE CITIES FIRE AUTHORITY JURISDICTIONAL BOUNDARIES
FEBRUARY 12, 2013
PAGE2
ANALYSIS OF ISS.UES:
Weed Abatement
Each year throughout the Authority there exists numerous lots and parcels of real
property containing weeds, dry grass and other flammable material which endangers
ptJblic safety by creating a fire hazard. The Authority has been tasked with administering·
the weed abatement programs for the cities of Arroyo Gr.ande and Gmver Beach and
the Oceaoo Community Serv:ic.es Distriet.
Each City and the District has its own distinct process and timetable for the abatement
of weeds and dry grass. Because of the differing schedules and processes,
administration of the program is cumbersome for Authority staff. Each entity has
separate dates for their adoption of the weed abatement resolution, separate dates for
notifying landowners, differing abatement deadlines and differing public hearing dates.
Because of the differing schedules, separate and distinct letters must be drafted an-d
processed for each City and 'the District.
Sections 5B and 5M of the Joint Exercise of Powers Agreement authorize the Authority
to set fees and collect and maintain fee revenue for services provided by the Authority
(5B) and adopt rules, regulations, policies, bylaws and procedures governing the
operation of the Authority (5M).
By standardizir:ig the weed abatement under a single process established by the Five
Cities .Fire Authority and amending the munici.J:Dal .c0des to refleet the process
established by the Authority, 0ne set of dates can be estal:>lished in pr0viding for weec::I
abatement. Residents owning property in multiple areas will have a single public
hearing to attend and one set of dates to adhere to for clearing vegetation.
Monies collected on properties which are abated by the Authority's contractor and any
unpaid assessments submitted to the County Auditor for collection on the County Tax
Roll will continue to go to each City or the District as is the practice now. Administrative
fees will continae to be divided betweeo such City or the District and the Authority.
The proposed process/time frame for weed abatement is as follows:
FCFA Board adopts resolution April Board meeting
Identify lots needing clearance By end of April
Notify property owners By May 1
Clearance deadline By June 1
Re-inspect lots for violations First week of June
Public:: hearing declaring violations Second Frida¥ of June
Contractor abatement June 17 -,30, 2014
Public hearing to contest contractor work July Board meeting
Report to County Auditor Prior to July 20
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF STANDARDIZING THE PROCESS OF WEED ABATEMENT
AND THE PROCEDURES FOR THE SALE OF SAFE AND SANE FIREWORKS WITHIN
THE FIVE CITIES FIRE AUTHORITY JURISDICTIONAL BOUNDARIES
FEBRUARY 1.2, 2013
PAGE3
Sale of Fireworks
The issues regarding multiple processes also exist with the administration of sales of
fireworks. The Authority administers the programs, inspects the booths and enforces the
dates and time of sales. Again, each entity has set its own procedures and timeframes,
making it difficult for the Authority to admi_nister three different sets of rules.
Currently, the dates for the application opening/closiqg process vary, by cornm1.mity,
from March 1 to April 15 (Arroyo Grande); April 3 to May 31 (Grover Beach) and April 2
to April 30 (Oceano). Sales of Safe and Sane fireworks also differ throughout the
Authority from 0900 July 1 through 2100 July 4 (Arroyo Grande); 1200 June 28 through
1200 July 5 (Grover Beach and Oceano ). Discharge of Safe and Sane fireworks also
varies for the July holiday with Arroyo Grande allowing discharge on July 4 only from
1800 -.2200 hours; Grover Beach allows the discharge from July 3 through midnight
Joly 5 and allows a second discha~ge over the New ¥ear holiday; Oceana allows the
discharge of fireworks all day every day ,of the year.
All three communities have limits on the number of booths, rules on how the non-profit
groups rotate through the years and which groups have first right of refusal. The
Authority has no desire to, and will not alter the number of booths or the non-profit
groups operating the booths.
For administrative purposes, the Authority only seeks to enforce or;ie set .of dates and
criteria for the application process, sale.s and discharge pates.
The proposed time frames for sales of Safe and Sane fireworks:
Application process opens March 1
Application process closes April 30
Booths begin sales No sooner than noon June 28
Booth sales end No laterthan noon July 5
Discharge of Safe and Sane firework not before noon July 3 anc:l not after
midnight July 5 and from noon
December 30 through midnight January
1 in Grover Beach
ALTERNATIVES:
The following alternatives are available for the Council to consider:
• Approve staff recommendations ·and direct the City Attorney to return with
necessary amendments to the Arroyo Grande Municip.al Code and related
actions to reflect the processes established by the Authority;
• Do not approve staff recommendations and keep the processes as they are;
• Modify the recommendations and approve; or
Item 11.a. - Page 3
CITY COUNCIL
CONSIDERATION OF STANDARDIZING THE PROCESS OF WEED ABATEMENT
AND THE PROCEDURES FOR THE SALE OF SAFE AND SANE FIREWORKS WITHIN
THE FIVE CITIES FIRE AUTHORITY JURISDICTIONAL BOUNDARIES
FEBRUARY 1.2, 2013
PAGE4
• Provide alternate direction to the Fire Chief of the Five Cities Fire Authority and
City staff.
ADVANTAGES:
The standardization 0f th.e weed abatement proc:ess will reduce Auth0rity costs .anc;j will
afford the owners of property in multiple jurisdictions the advantages of aehering to 0ne
set ·Of dates and attending one public hearing and one protest hearing before a single
Board. Costs to the property owner and the governing agencies will be unchanged. The
non-profit groups operating the fireworks stands will be unchanged. Fees charged to the
non-profit groups will change minimally and in some cases will be reduced.
DISADVANTAGES:
The standardization of these processes will cause a redUdion of local central within
each agency's respective jurisdiction. Non-profit .groups operating fireworks stands will
notice small administrative changes with regards to dates and time of sales,
documentation of how proceeds of sales serve the citizens and due date for financial
statement. The proposed changes Will extend the time period that fireworks can be sold
and can be discharged in the City of Arroyo Grande.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 7, 2013. The
Agenda and report were posted on the City's website on Friday, February 8, 2013. No
public comments were re'ceived.
Attachments:
1 . Weee Abatement Matrix
2. Safe and Sane Fireworks Matrix
Item 11.a. - Page 4
CATEGORY
Adopt Resolution
Identify Lots Needing Clearance
Send Reminder Notice to
Property Owners to Clear
Clearance Deadline
Re-Inspect Lots for Violations
Public. H_earing Declaring
Violations.and Scheduled
Contractor Work
Contractor Abatement
Public Hearing to Contest
Contractor Clearance Work
Report Costs·to County Auditor
ATTACHMENT 1
ARROYO GRANDE I GROVER BEACH I OCE·ANO
WEED ABATEMENT MATRIX
ARROYO GRANDE GROVER BEACH OCEANO
4/2/12 4/11/12
4/3-4/10112 413'-4/10/12 41·12"4/ 13/12
4/121,12 411112 4/14112
5113112 6/6112 6/3/12
Ongoing 617/12 6/13/12
N/A 51,702 611.3/12
NIA 6/6-711/12 6/1 S-6/24112
NIA 7116112 711/12
NIA 7/20/12 7/20112
FIVE CITIES FIRE
AUTHORITY
April Board'Meeting
End of'April
May I
June I
First Week of.lune
Second Friday of.Tune
6/17-6130/14
July Board Meeting
Prior to July 20
Item 11.a. - Page 5
CATEGORY
Application Period
List of Items Required When
Submitting Application Packet:
• Application
• Filing Fee
• Proof of Incorporation,
Chartering, or Tax ID #
• Current Roster of
Organization
• Letter of Agreement from
Property Owner
• Proposed Disposition of
Profits
• Location and Method of
Storing Fireworks
During Non-hours of
Sales
• State Fire Marshal's Permit
• General Liability Insurance
Policy
How are Non-profit
Organizations Chosen
Number of Permits·lssu_ed
,,.,------
ATTACHMENT 2
ARROYO GRANDE I GROVER BEACH I OCEANO
SAFE AND SANE FIREWORKS MATRIX
ARROYO GRANDE GROVER BEACH OCEJ\.·NO
March !"-April 15"' 2"" Tuesday in April and no later From April I" to April 30"' than the last:busihess day in May
Yes Yes Yes
Yes -$75.o:o (Refundable) No Yes.-$400 .\rcluding $500
refundable Cleaning deposit
Yes Yes· .No
Yes No No
Yes Yes Yes
Yes (Mandatory·50%) Yes Yes (Mandatory 50%)
Yes (other than booth) No, bufcari stofe.FW in booth No during non-hours:of·sales
Yes, by·June I" Yes Yes, by Jurie 1'5"'
Yes, by June l" Yes. By property owner request
Pursuant to Ord# 05-04, GB
Chamber of Commerce shall have
the right of first refusal for one
By establish_ed list permit; GB Police & Fire Assa. Review by B·oard of Directors shall have the;right of first refusal
to.share one-permit. A selected
drawing.will be.held ifmore•than
the number,ofpermits,allowed'.
6 4 5
FIVE eiTIES FIRE
AUTHORITY
From March 1 to April 30
Yes
Yes·-$75:(Refundable)
Yes
Yes
Yes
yes (Mandatory 50%)
Yes
Yes (At mandatory meeting)
Yes (At mandatory meeting)
No change from current
regulations
No change from.current
regulations
Item 11.a. - Page 6
CATEGORY
Permit' Fee
Mandatory Meeti11g
Ordinance
Date and Time Booths Can Start
Being Set Up
Fire Inspection of Booths
Sanitary Facilities
Dates and Times for Selling
Fireworks
Dates and Times Allowed to
Discharge Fireworks
Locations Legal to Discharge
Fireworks
Disposition of Unsold Fireworks,
Booth, etc.
List of How Proceeds Serve the
Citizens
Due Date for Financial
Statement
NOTE:
ARROYO GRANDE I GROVER BEACH I OCEANO
SAFE AND SANE FIREWORKS MATRIX
ARROYO GRANDE GROVER BEACH OCEANO
$690,J>aid .before June: 1" $690 $'100
l" Monday in June Scheduled diJring:the 2""'weekof No June
Yes Yes ?
The week prior to July l" The week prior to· June 28'h 8:00 a:m. June 25'h
By appointment with FD
Prior to 9:00 a.m. on July l st Beginning at l 0 a.m. on June 28"' starting June 25th; 9:00 a.m. -
3:00 p.m.
Yes Proof in written form No
July l"-4'" Noon on June 28"' until noon on Noon on June 25m·until noon
9:00 a.m. -9:00 p.m. Julys"' on
July 6th
July 4'" Only Noon July 3 to July 5 'at
Midnight; Noon Decembe.r 30 to 24/7, 365 days 6'00 p.m. -10:00 p.m. Midnight January l"
City Parks, Driveways, Pre-No restrictions Within the boundaries of
e_s_tablished Cul-de-sacs Oceano; Not on State property
Unsold fireworks stock shall be
removed from booth by 9:00 a.m., AlLunsold fireworks:stock, litter,
July 5"'; Booth.must be removed no and booth must be removed by Norie
fater _than the Sunday o'ftheweekend·
following the 5'" of July. .
Noon onJuly 7"'
Organization will document in
Dile when application is submitted Due when.appli~ati_on is the.coming year how they
.submitteo were ~pent;in.order .to
pafticioate again
October 31" 'May l" th'e following calendar Beginning·of application
year period the following year
FIVKCITIES FIRE
AUTHORITY
$690 (AL mandatory meeting)
First week.oUune
Yes (FCFA)
The week prior to June 28'h
Beginning.at 10:00 a.m.
June 28'h
on
Yes
Noon on June 28"' until noon on
Julys"' 9:00 a.m. to l 0:00 p.m.
Noon July 3 to July 5'' at
Midnight; Noon December 30
to Midnight January l"
No change from current
regulations
By Noon JU1y·5"', booth
removed by Noon July 7"'
Due with application submittal
October 31"
Except for Arroyo· Grande, Grover Beach and Oceana, fireworks are illegal to possess, discharge; and sell in San Luis Obispo County. Other exceptions include:
Templeton Fire District (Sate and Sane fireworks may be discharged from noon June 28th thfougli midnight July 4"')
San Miguel Fire District (Sate and Sane fireworks may be discharged from July l" through midnight July 4'")
City of Morro Bay (Sate and Sane.fireworks may be discharged only on private property)
Item 11.a. - Page 7
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Item 11.a. - Page 8