Lakewood Fireworks Law

Reprinted below are all of Lakewood's current (June 2008) fireworks rules. We will try to update these as we hear about changes. Before citing these rules or relying upon them please check here for updates.

LAKEWOOD MUNICIPAL CODE Section 3100
ARTICLE III
PUBLIC SAFETY
CHAPTER 1
FIRE PREVENTION

3104. FIRE PREVENTION STANDARDS, RULES AND REGULATIONS.
The fire prevention standards and rules,
regulations and laws providing fire safety standards are hereby declared to be those ordinances, chapters, sections and parts
now a part of the Fire Prevention Code of the County of Los Angeles, Ordinance No. 2947 and amendments thereto, or
hereafter added to said Code by amendments or otherwise, where not in conflict with any City Ordinance on the same
subject, and said Fire Prevention Code and all amendments thereto now in existence or hereafter adopted is hereby adopted
by reference and made a part hereof and incorporated herein as though set forth in full herein.

3105. FIREWORKS.
This Section shall govern the sale, offer for sale, possession of, the use, discharge of, firing or
possession of fireworks and it shall be unlawful for any person to sell, offer for sale, have in his possession, fire, set off,
discharge or use, or cause or permit to be sold, offered for sale, have in his possession, fire, set off, discharge or use any
fireworks unless classified as "safe and sane" by the State Fire Marshal and unless in addition all terms and provisions of
the State Fireworks Law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California are
complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 3106 of
this Code subject to the terms and provisions of the State Fireworks Law.
A.
Notwithstanding the provisions of this Code or the Fire Prevention Code to the contrary, "safe and sane
fireworks," as herein before defined, may be sold within the City of Lakewood between the hours of 8:00 a.m. and
10:00 p.m. on July 1st, July 2nd, July 3rd and July 4th of each year provided a permit has been obtained to do so and
the terms and provisions of this Chapter and the Lakewood Municipal Code are complied with at all times.
(Added by Ord. 445, Amended by Ord. 2002-2)
B.
It shall be unlawful for any person to fire, set off, discharge or use, or cause or permit to fire, set off, discharge
or use any fireworks except for “safe and sane” fireworks during the period between 10:00 a.m. and 11:00 p.m. on July 4.
(Added by Ord. 2002-2)
C.
It shall be unlawful for any person to have in his or her possession any fireworks except from 8:00 a.m. on July
1st through 11:00 p.m. on July 4th. The provisions of this subsection are not applicable to public agencies or
manufacturers or suppliers of fireworks for public display or storage. Organizations to which permits have been
issued may accept delivery of fireworks for stocking purposes no more than 24 hours prior to the time allotted for
fireworks sales.
(Added by Ord. 2002-2)
D.
Any resident, occupant or person in control of premises on which illegal fireworks are found or from which
fireworks are illegally discharged shall be subject to the same civil liability or criminal penalty that may be imposed
pursuant to City regulations on the person selling, discharging, using or possessing such fireworks, as applicable,
provided that the person selling, discharging, using or possessing such fireworks is on such premises by invitation
of or with the consent of such resident, occupant or person in control of such premises.
(Added by Ord. 2008-1)

3105.1. PERMIT REQUIRED.
All applications for permits required under Chapter 3 of Part 2 of Division 11 of the
Health and Safety Code (State Fireworks Law) shall be made to and upon the form provided by the Director of Finance
of the City of Lakewood. The Director of Finance shall refer all such applications to the Fire Department for a report.
(Added by Ord. 445)

3105.2. PERMITS FOR SALE OF SAFE AND SANE FIREWORKS.
All applications for permit to sell at retail "safe
and sane fireworks" shall comply with and be governed by the provisions of the State Fireworks Law and, in addition, shall
be governed by the following:
A.
Each application shall be made prior to the first day of April in each year.
(Amended by Ord. 2002-2)
B.
Each application shall be accompanied by the requisite City business license fee.
C.
Each application shall be accompanied by an application processing fee of $100.00 which shall not be
refundable.
(Amended by Ord. 2002-2)
D.
Each application shall set forth the proposed location of the fireworks stand.
(Amended by Ord. 2002-2)
(Revised 2008)

E.
Each application shall set forth the total amount of any compensation required to be paid to a property owner
or manager for the cost of renting a location of the fireworks stand for the current year, commencing March 31,
2003. Along with the application, a copy of the agreement with the landowner or fireworks supplier shall be
furnished.
(Added by Ord. 2002-2)
F.
Each application shall specify the principal and permanent meeting place of the applicant organization, the
address of the meeting place and the day and time of the meeting.
(Added by Ord. 2002-2)
G.
Each application shall set forth in detail acceptable to the Director of Finance the intended charitable use of
the proceeds from the sale of fireworks.
H.
Each application shall be accompanied by a complete list of the organization’s members’ names, addresses,
and telephone numbers as of March 31st of the current year.
I.
Each applicant shall agree that if a permit is issued to the applicant, the applicant will at the time of issuance
of permit deliver to the City public liability insurance and products liability insurance, bonds or riders, designating
the City as an additional insured, in the minimum amount of $1,000,000.00 per person, $1,000,000.00 per accident,
and $1,000,000.00 property damage.
J.
Each application shall be accompanied by a $150.00 cash bond to guarantee faithful performance of the terms
and provisions of this ordinance.
(Added by Ord. 445, Amended by Ord. 2002-2)
K.
Each application shall contain such other information as deemed appropriate by the Director of Finance.
L.
Each application shall bear the signature of an authorized representative of the applicant attesting under
penalty of perjury that the information contained in the application is true and correct.
(Subsections E-I and K-L, Added by Ord. 2002-2)

3105.3. PREREQUISITES TO ISSUANCE OF PERMITS .
The following qualifications must be met in addition to the
other requirements herein set forth or set forth in the State Fireworks Law, before a permit may be issued:
A.
Upon receipt of the report of the Fire Department, the City Council may issue permits to those persons or
organizations determined by it to be responsible and organized and existing as nonprofit or tax exempt associations as
recognized by the State of California or the Internal Revenue Code, primarily for patriotic, veteran, civic betterment,
religious, welfare, youth or charitable purposes. Such permit shall be issued or denied in the discretion of the City Council
and subject to such other reasonable conditions as the City Council determines necessary to protect the public health,
safety and welfare. The City Council does hereby declare its intention to issue only a limited number of permits in order
to prevent an unsightly or undue or unsafe concentration of fireworks stands. No permit shall be issued to other than adult
persons.
(Amended by Ord. 2002-2)
B.
Each such organization must have its principal and permanent meeting place in the City and 50% of its members
must reside in the City and it must have been organized and established in the City for a minimum of one year continually
preceding the filing of the application for the permit. In addition, such organization must have a bona fide membership
of at least twenty members.
C.
There shall be not more than one stand per permittee. Only one permit shall be issued for any parent, principal, or
master group or organization unless the City Council finds in a given case, because of the circumstances of the stand
location or other factors, the intent of this Ordinance will not be defeated by issuing more than one permit. The intent of
this requirement is to limit applicants, who otherwise qualify, to one permit as to each such parent or principal group or
organization and to eliminate any one principal or parent group or association from having permits issued to associate,
derivative, ancillary, subsidiary or support groups or entities. Nothing in this section shall prohibit more than one group
or organization meeting all qualifications specified in this chapter from jointly applying for a fireworks permit. In such
case, however, only a single permit will be issued. Those organizations having obtained a permit in the year 2001,
notwithstanding the provisions of subsection A, B and C, may, in the discretion of the City Council, be issued a permit
until such time that said organization does not receive a permit in a given year, provided that the organization is qualified
and is in substantial compliance under all other sections of this chapter to hold a permit for a fireworks stand.
(Added by Ord.
445, Amended by Ord. 2002-2)
D.
The maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall
not exceed twenty-five. Applications for a permit shall be heard and considered by the City Council. Except for
grandfathered permits, if the City Council should determine that there are more than twenty-five applications which are
qualified for permits, the issuance of permits shall be pursuant to a witnessed drawing subject to the procedures directed
by the Director of Finance.
(Added by Ord. 2002-2)
(Revised 2002)

3105.4. OPERATION OF STAND .
A.
Every fireworks stand shall be staffed only by members of the permittee organization(s), members of their
immediate families, or volunteers and no person below the age of majority shall at any time be or be permitted inside
of said stand or to assist in the handling or sale of fireworks.
(Amended by Ord. 2002-2)
B.
No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such
stand.
(Added by Ord. 445)
C.
Every organization shall be responsible to make certain that every person selling fireworks from that
organization’s stand shall distribute with each sale a flier from the City containing information on laws and
corresponding penalties concerning fireworks. It will be the responsibility of every organization to obtain a
sufficient number of fliers from the City.
(Added by Ord. 2002-2)

3105.5. TEMPORARY FIREWORKS STANDS .
All retail sales of "safe and sane fireworks" shall be permitted only
from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.
Temporary stands shall be subject to the following provisions:
A.
No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet
of any premises where flammable liquids are dispensed.
B.
Fireworks stands as temporary structures shall not be subject to the terms and provisions of the Building Code
applicable to the construction of permanent structures or buildings, provided, however, that all such stands are
erected under the supervision of the Building Official, who shall require such stands to be constructed in a manner
which will reasonably insure the safety of attendants and patrons. All utilities shall be installed and maintained in
accordance with the Building Code.
C.
No stand shall have a floor area in excess of four hundred square feet.
D.
Each stand must have at least two exits; and each stand in excess of forty feet in length must have at least three
exits, spaced approximately equally distant apart; provided, however, that in no case shall the distance between the
exits exceed twenty-four feet.
E.
Each stand shall be provided with two, two and one-half gallons of soda and acid or equivalent type fire
extinguishers, in good working order and easily accessible for use in case of fire.
(Added by Ord. 445)
F.
Each stand shall be located, as provided in Article IX, in the proper zone therefor, with the exception that
no fireworks stand shall be established within the Civic Center District. The Civic Center District is defined as that
area bordered by Del Amo Boulevard to the south, Candlewood Street to the north, Clark Avenue to the west, and
Civic Center Way to the east. The City Council hereby finds and determines that fireworks stands, because of their
temporary nature and structure, are inconsistent with and incompatible with the design and architecture of the Civic
Center District and are, therefore, prohibited within the Civic Center District.
(Amended by Ord. 2002-2)
G.
Said fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to
comply with the other provisions and terms of this chapter. Said stands shall be located substantially at that place
indicated on the approved permit for such fireworks stand.
(Added by Ord. 470)
H.
Commencing March 31, 2003, the total amount of any compensation paid by an organization to a property owner
or manager for the cost of renting a location for placement of a fireworks stand shall not exceed one thousand dollars
whether paid in cash or merchandise and whether paid by the organization or other party, including a company distributing
fireworks in any one year.
(Added by Ord. 2002-2)

3105.6. GENERAL REQUIREMENTS FOR PERMITTEES
.
A.
Stands shall not be located closer than five hundred feet apart, and no more than two stands shall be located
on the same parcel of property. Those persons or organizations having a continuous agreement with a property owner
since the Year 2001, in the discretion of the City Council, may continue to utilize such a site until such time that the use
has been suspended or discontinued in any given year, and provided that the organization is qualified under all other
sections of this Chapter of the Lakewood Municipal Code to hold a permit for a fireworks stand.
(Amended by Ord. 2002-2)
B.
All weeds and combustible material, not including structures, shall be cleared from the location of the stand,
and for a distance of at least one hundred feet surrounding the stand.
(Revised 2002)

C.
"No smoking" signs shall be prominently displayed in four-inch letters, both inside and outside the fireworks
stand. No person shall smoke or burn any cigarettes, cigars, pipes or things within such stand or within a distance
of twenty feet surrounding such stand.
D.
Each stand must have an adult watchman or attendant in attendance and in charge thereof at all times while
fireworks are stored therein. No cooking, living or sleeping facilities shall be established or maintained within any
stand. No watchman or guard shall sleep inside any such stand.
E.
All unsold stock and accompanying litter shall be removed from the location by 12:00 o'clock noon on the 5th
day of July.
(Amended by Ord. 2002-2)

F.
No fireworks stand shall be installed prior to 12:00 o'clock noon on June 21st and each such stand shall be
removed from the temporary location by 12:00 o'clock noon on the 10th day of July and all accompanying litter,
debris, building materials, utility connections, and other facilities or equipment or materials shall be cleared from
said location by said time and date.
(Amended by Ord. 2002-2)

G.
All permits and licenses shall expire at 10:00 p.m. on the 4th day of July each year. Any permit or license shall
be subject to suspension by order of the Fire Chief if he or his duly authorized deputy has determined that any
permittee has failed to comply with the terms and provisions of this Code or any condition of the permit and
provided, further, that the procedure of notice and review by the License and Permit Hearing Board in the time and
manner specified in Article VI of this Code is complied with. Any such permit or license may be revoked by the City
Council, or said Board, when it has found and determined that a permittee has failed to comply with the terms and
provisions of this Code or with any of the conditions of said permit or where the Council or said Board has found
and determined that the preservation of the public health, safe t y, peace and welfare demand revocation of said
licen se or permit, or where a permit or license has been granted on false or fraudulent evidence, testimony or
application.
(Added by Ord. 445, Amended by Ord. 2002-2)

H.
No less than one hundred percent of the gross proceeds derived from the sale of fireworks in the City, less only
expenses related to the cost of purchasing the fireworks actually sold and costs incurred in complying with this chapter,
shall be spent to benefit patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes within the City
of Lakewood. An accounting of gross receipts, all expenditures and the use of the net profits, along with a copy of the
corresponding State sales tax report, shall be presented to the Director of Finance no later than April 1st of the following
year. Said report must be in a format acceptable to the Director of Finance.
(Added by Ord. 2002-2)

3106. PUBLIC DISPLAY OF FIREWORKS .
Notwithstanding the provisions of Section 3105, public display of
fireworks, as defined in the State Fireworks Law, may be conducted subject to all of the terms and provisions therein
contained and only if a permit therefor has been granted by the Fire Chief and the City Council. Such public displays, in
addition, shall be subject to all rules and regulations contained in the Fire Prevention Code.
(Added by Ord. 445)
(Revised 2002)

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Robberies on the rise in Lakewood? LASD won't give you the info to decide

We are getting tired of learning about crime patterns and trends from local news sites like LBReport.com. For example this armed home invasion robbery near Candlewood and Bellflower Blvd on June 8, 2008 as well as a second June 6, 2008 bike jacking that residents need to be aware of especially as the criminals have not been caught and are likely to do this again. This information must be distributed by LASD directly and quickly via crime blotters. We have been asking the city council for this since June 2007! LAAG has offered to connect LASD with computer experts that could automate this function for a very low cost. Nothing has happened.

Other cities with responsible and accommodating police department's provide that information on their websites on a daily basis in an easy to understand and read format. For example this is what Santa Monica PD and Gardena PD does for its tax paying residents. This information is collected daily by LASD and it would not take much effort to publish it daily on the web for Lakewood residents. LASD is doing it in Bellflower (for some added cost to that city but the Lakewood reporting could be better, faster, more complete and cheaper) We suspect the reason it is not done is that Lakewood residents would either find out how few calls the LASD actually rolls on each day, how few crimes are really ever "resolved" via an arrest, or what the "real" crime rate is on a weekly basis. So what are we getting for 9 million in taxes a year? Not much in the way of tangible information thats for sure. Information is power and I dont think LASD wants to share any with Lakewood residents. I think with a new Sheriff Captain (Lt. Christy Guyovich who replaced Capt. Fender on April 6, 2008) in Lakewood we need to see a new level of disclosure. With all the armed robberies in Lakewood this year something has to be done.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Bike jacking trend continues on the San Gabriel River

Well it has happened again. Another attempted bike jacking. From LBreport.com: "At about 7:15 p.m. (while the sun was still up) on Friday June 6, a rider headed northbound on the eastside of the San Gabriel River bikepath says he was allegedly jumped, physically attacked, punched and robbed in the underpass at Carson St. near El Dorado Park and the LB Town Center. Read more on LB Report here. The last one was in November 2007. Read our report on that incident here. We feel this threat is going to continue during the summer as more people ride due to the summertime hours and the gas prices. The San Gabriel river is a good car free link to Orange County from the mid cities area. We know a number of people that use it to commute by bike. The problem of course is that when you are on the path you are virtually invisible to motorists and police, unless they happen to be flying over, which is rare.

We are now advising rider to carry pepper spray and a cell phone (turned on) at all times while on the river path. They should also have all the local law enforcement agencies non 9-1-1 numbers programmed into their phone as all cell phone 9-1-1 calls go to CHP and are then are routed to the local agency.

We have also been asking for bike patrols for months but this falls on deaf ears outside of a few elected officials.

We have complained that the Carson street overpass (for some reason) is especially a target for vandals and graffiti and other hoodlums that like to just "hang around" and see what they can snare in their net (like unsuspecting bike riders).

We have proposed bike path video cameras like the intersection and freeway cameras.

We also proposed trying to clear up the jurisdictional "alphabet soup" that exists on the river. This is not as much of a problem in responding to events as it is a way to shrug off responsibility for day to day patrolling to "other law enforcement agencies". Government people love ambiguity in patrol jurisdictions as this makes it easy to deny responsibility when something really bad ends up happening, which eventually it will. We would also like to see signs posted on the path telling riders which law enforcement jurisdiction they are in when they change from one to another, sort of in line with the chart below.

We also proposed a chart like the one below [click on image below for full size image] to the entire "bike path task force" back on Feb. 20, 2008 shortly after attending the first and only meeting of the "task force". We never received one response one way or the other from any agency or government entity. So in the meantime we wait for the next attack like unsuspecting sheep traveling down the path.



Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Common sense takes over at Magic Mountain

It looks like everyone is jumping on the common sense drought band wagon. Maybe global climate change is good thing after all if it makes people start thinking. Of course we still have some people with a fireworks addiction (pyro) problem and they need to get their fix. Hopefully the excess Magic Mountain fireworks will not end up here in Lakewood!

Magic Mountain douses fireworks
• Six Flags ends nightly shows

By Tammy Marashlian
Signal Staff Writer
tmarashlian@the-signal.com
661-259-1234 x525

That's all, folks.

Six Flags Magic Mountain will no longer hold its nightly fireworks show - a fixture of the local night sky - due to brush fire concerns, a park official said Wednesday.

"Six Flags Magic Mountain, in the interest of the local community and the high brush fire conditions in the Santa Clarita Valley, will no longer be implementing summer fireworks," according to a statement from the Valencia theme park. "Six Flags regrets ending the summer fireworks tradition and asks guests and neighbors to understand and support the decision."

Six Flags Magic Mountain spokeswoman Sue Carpenter said talks about ending the fireworks display began early in the year when the local area received minimal rains during the winter season.

She would not speculate on whether the fireworks display would return at some point later on.

The fireworks display, which gave park visitors a nightly show for years, was part of the "signature" finale parade held 30 minutes before the park closed for the night, Carpenter said.

Along with the halting of the fireworks show, Carpenter said the park is mindful of preventing brush fires.

"We do not have any debris on exterior roads or any debris next to buildings," she said, later adding, "All of our access roads are kept clear."

She noted that the park has internal fire measures and the fire hydrants are tested on a weekly basis.


http://www.the-signal.com/news/article/2208


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

El Paso Texas County bans sale of aerial fireworks

We are posting this story below as it shows a few things. One that there are some politicians willing to stand up for common sense in the face of political opposition, and secondly to show that there is a "powerful fireworks lobby" at work in this country. (like that was a surprise). Drought conditions (and air pollution) will likely only worsen in CA over the coming decades. But one thing is for sure...we will still be selling and lighting fireworks.


El Paso Texas County Commissioners ban sale of aerial fireworks for 4th of July

http://www.kvia.com/Global/story.asp?S=8412384

Posted: June 2, 2008 11:23 AM

EL PASO, TX - The only way the county can ban the sale of aerial fireworks during Independence Day celebrations is if the county is in a drought. According to the Texas Forest Service's measurements, the county is facing drought conditions.

Monday, commissioners voted unanimously to ban the sale of fireworks with sticks and fins. Commissioner Miguel Teran wasn't at Mondays's meeting.

Before they voted, State Representative Inocente "Chente" Quintanilla told the court he learned the county had expressed interest in talking to the state about banning the sale of fireworks. Quintanilla says his office is currently drafting legislation that would prohibit the sale and use of fireworks within 500 feet of an unincorporated community, such as Montana Vista and Agua Dulce.

The state rep said to avoid clashes with the other 253 county leaders in the state and the powerful fireworks lobby, he's drafting it so it would only apply to El Paso County.

"It'll be ready in two weeks," Quintanilla told the court, saying at that time, he'll bring it to the county for commissioners' input.

TNT Fireworks Manger Fernando Viramontes told ABC-7 he's willing to work around the prohibition of aerial fireworks, but legislation regulating where to sell and use fireworks concerns him. Viramontes cited the numerous organizations, like sports and school groups, who sell fireworks and use part of the profits toward funding group activities. The firework stand manager thinks this could cut into their fundraising efforts.

The County Attorney's Office told commissioners if drought conditions improve before next week, it will notify the court about modifying the ban on aerial fireworks.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Verizon Fios installation underway in North Lakewood CA

Verizon has finally started doing Fios installations in North Lakewood, the part of the city north of Hardwick St. that is controlled by the Bellflower Central Office on Oak St. LAAG has spoken with "Curt" the Director of "Verizon's FTTP Program, West Coast Region" in Newbury Park, CA. He advises that Fios will be ready for sign ups by Oct-Nov 2008 in both the SW quadrants (west of Bellflower Blvd. north of Hardwick, east of Lakewood Blvd and south of Flora Vista St.) and SE quadrants (east of Bellflower Blvd. north of Hardwick, west of the San Gabriel River and south of Flora Vista St.) of Lakewood (but likely only a small percentage of homes in those quadrants). At this point it looks like the SE quadrant will be the first quadrant wired. We spoke to Verizon engineers "on the ground" near Eastbrook and Allington on 5/29/08 and they confirmed placement is starting in that location and should be available within 2 months to homeowners in that area around Allington and Eastbrook. There is no orderly progression as to how the fios installation flows. It is based on permits and where engineering tells the installers to go. It does not necessarily run east to west or north to south or in any contiguous or progressive fashion. The first sign that you will be getting fios is the cable stringers that go behind your property to string the fiber under the existing copper cables. Once they string that "dark fiber" it then needs to be hooked up to trunk lines. Then they install the beige metal boxes on the street and hook it up. Hooking up to the boxes at the ends of the block seems to be the last step before they turn on your service and offer you a 'drop" to your house. (They place a door hanger on your door to tall you its available to you)

In addition Curt also advises that the Bellflower Central Office will be the better GPON technology. Their current BPON technology splits 622Mbps downstream and 155Mbps upstream among 32 users. GPON technology will allow Verizon to offer 2.4Gbps downstream and 1.2Gbps upstream among 32-64 users (eliminating ATM, making it also more efficient). Read more on that here.

For a map of the quadrant boundaries and installations so far click here. Please email us if you see verizon fios installations underway or if you have fios up and running in Lakewood and you are within the SE and SW quadrants outlined above.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Sen. Feinstein wants perchlorate polluters to pay

I really don't think this is going to get anywhere. Like most mass pollution cases one company will blame all the others nearby. Still no one at EPA is looking at the spent residue washed off the street after the "safe and sane" fireworks are used. That is a possible source of perchlorate contamination as well, at least in the coastal waters where we have all the other run off pollution problems. That is also not even mentioning the horrible air pollution problem for the days surrounding July 4th due to legal "personal use" fireworks. It seems people that peddle fireworks get a free pass on air pollution (due to its "fund raising" factor) while everyone else runs out and buys a Prius and gets compact florescent bulbs to save the air. Politics.

Senator on the alert
Feinstein wants suspected polluters to pay up now
Jason Pesick, Staff Writer
Article Launched: 05/25/2008 10:46:13 PM PDT

RIALTO - Sen. Dianne Feinstein wants companies suspected of polluting the city's groundwater to pay for safe drinking water while a final cleanup strategy is devised.

"Given that identifying and implementing a final remedy will likely take several years, it is appropriate for the responsible parties to assume the burden of providing clean drinking water in the interim," the influential California Democrat recently wrote in a letter to the head of the Environmental Protection Agency in Washington, D.C.

The water is contaminated with perchlorate, a chemical used to produce explosives like rocket fuel and fireworks.

"Seven years have gone by. The residents are squeezed to the limit," said Barry Groveman, a lawyer for the West Valley Water District, which provides almost all of the city's drinking water along with Rialto's water department.

The perchlorate and a toxic industrial cleaner have spread into underground water, though contaminated water is not served to residents. Perchlorate can interfere with the thyroid gland, which plays a role in metabolism and mental and physical development.

Rialto customers have a perchlorate surcharge on their water bills, and it costs hundreds of thousands of dollars a year to operate the treatment systems.

Groveman said the suspected polluters - Rialto has identified more than 40 - will be less likely to employ creative delay tactics as the state and EPA try to make them clean up the contamination if they must pay to provide clean water in the meantime.

In March, Feinstein wrote a letter to EPA Administrator Stephen Johnson saying the agency should order suspected polluters to provide replacement water.

The replacement water is particularly important as Rialto tries to build new residential developments that need water services, said Rialto City Councilman Ed Scott.

"We have to have drinking water for the city," he said.

EPA officials have said they would like to use their resources to develop a cleanup plan, not to fight for replacement water.

"It's a question of priority and a question of what they would accomplish," said Wayne Praskins, the EPA project manager assigned to Rialto.

On May 13, Feinstein sent Gov. Arnold Schwarzenegger a letter saying any settlement between state agencies and suspected polluters should include providing clean water.

The calls from Feinstein and Groveman for replacement water come amid rumors an agency is nearing completion of settlement talks with three of the suspected polluters.

The Riverside-based Santa Ana Regional Water Quality Control Board is conducting the talks.

Kurt Berchtold, the board's assistant executive officer, would not comment on whether negotiators are seeking replacement water from the suspected polluters - Goodrich, the Black and Decker entity Emhart and Pyro Spectaculars.

But he did note that an earlier draft order from the board's staff included a call for replacement water at some wells.

Berchtold said he does not believe the board can order replacement water for wells contaminated with levels of perchlorate below the state standard of 6 parts per billion. Most of the West Valley wells are contaminated below that standard.

Groveman, the author of much of the relevant water code, did not concur.

"I respectfully disagree. These are more bureaucratic reasons not to do things," he said.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Vallejo CA pulls the plug: Calpers holding the bag on 219 million in unfunded pension benfits

Well this is the shot that will be heard round the world. The question really is what kind of precedent will this set for other cities in the US and in Calif. to deal with the massive public employee pension problem. Like most issues the government deals with I smell a bailout. Taxpayers better grab their wallets and run. I think the time has come for the voters to become the city managers and to hold elections on the "pension giveaways". God knows the politicians cannot be trusted anymore with the public employee unions.


City of Vallejo, California files for bankruptcy
Fri May 23, 2008 5:03pm EDT
http://www.reuters.com/article/domesticNews/idUSN2352179020080523

By Adam Tanner

SAN FRANCISCO (Reuters) - The city of Vallejo, California, filed for bankruptcy on Friday, a move signaled by its city council earlier this month as it struggles to avoid running out of money amid steep city personnel costs and sliding revenues from a housing slump.

The Chapter 9 filing by Vallejo, a blue-collar, former Navy town in the San Francisco Bay Area, in U.S. bankruptcy court in Sacramento had been expected since May 6, when the city council approved the drastic move.

Vallejo, with over 100,000 residents, is the first sizable city in California to file for bankruptcy. Chapter 9 is a bankruptcy filing for municipalities.

Although many California towns are coping with shrinking tax revenues and some of the highest home foreclosure rates in the nation, they are not likely to follow Vallejo's suit.

Moody's Investors Service said earlier this month that Vallejo's expected bankruptcy filing would be a "unique case."

The state's last bankruptcy filing was in 1994 when Orange County's finances ran aground on soured investments linked to derivatives.

LEVERAGE WITH EMPLOYEES?

According to the filing signed by City Manager Joseph Tanner, the city has 1,000 to 5,000 creditors, estimated assets of half a billion to $1 billion and liabilities of $100 million to $500 million. Tanner had previously said that the city's general fund would be depleted at the end of June.

Vallejo's main financial difficulty is the high spending on public safety employees, whose costs eat up three-quarters of the city's general fund.

Although the city reached a deal with employees in February for pay cuts and other short-term measures to keep paying bills, the city council said earlier this month that filing for bankruptcy might give it more leverage in talks with workers on wages and benefits.

A document accompanying the filing said that the California Public Employees Retirement System, the nation's largest pension fund, known as Calpers, held the largest unsecured claim, with $135.4 million in retiree health benefits, and another $83.9 million in unfunded pension plan benefits.

Wells Fargo Bank was a bond trustee with $27.3 million in unsecured claims, and the Union Bank of California with $26.2 million in unsecured claims, the document said.

(Reporting by Adam Tanner, writing by Mary Milliken; editing by Leslie Adler)

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

Buena Park restricts 'safe and sane' fireworks

It is a small concession but we would like to see a lot more of these types of "use" restrictions especially given the police costs "safe and sane" fireworks force cities to incur. And with many cities facing a "Vallejo dilemma" any budget cost that can be cut is welcomed, especially in the public safety arena as those costs are so inflated to begin with (for what you really get in terms of effectiveness).

Tuesday, May 13, 2008
Buena Park restricts 'safe and sane' fireworks
Residents will no longer get to light up on busy La Palma Avenue.
By SERENA MARIA DANIELS
THE ORANGE COUNTY REGISTER
http://www.ocregister.com/articles/fireworks-park-buena-2041950-year-city#

BUENA PARK – Residents wanting to light up fireworks this Fourth of July will face more restrictions after the city banned them on a strip of La Palma Avenue that's usually overrun with celebrants.

La Palma, between Western Avenue and El Monte Drive, has for years been home to as many as 3,000 people, all in the street, blocking traffic to get a spot to see the fireworks show at Knott's Berry Farm.

While they're waiting, many light up their own legal fireworks on the street, blocking traffic and creating safety hazards, said Buena Park police Sgt. William Kohanek.

"Congestion on this major thoroughfare is just overwhelming," Kohanek said.

Fireworks can be safely shot off on the city's other public streets.

City Councilmen Don McCay, Steve Berry and Mayor Jim Dow approved the restriction at Tuesday evening's meeting. Council members Patsy Marshall and Art Brown were not present.

Buena Park is one of five cities that allow so-called safe and sane fireworks; so do Santa Ana, Costa Mesa, Garden Grove and Stanton.

Last year, Buena Park banned Piccolo Pete fireworks, in part because of noise complaints.

Fines have been imposed on people caught with illegal fireworks in Garden Grove.

Santa Ana officials, on the other hand, have tentatively agreed to extend operating hours for firework vendors. Stands would open an hour earlier – at 9 a.m. on July 2, 3 and 4. Santa Ana council members are expected to finalize the extended hours next month.

Buena Park's restriction comes a month after an Orange County grand jury report called for a three-year moratorium against fireworks in the five cities to allow time to find ways of improving public safety. The report says that county taxpayers paid about $188,000 last year for extra policing and fire services during the Fourth of July season.

But the report holds no legal authority.

Last year, Buena Park police responded to 240 firework-related calls on July 1-4.

Contact the writer: 714-704-3795 or sdaniels@ocregister.com

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email

In California, unions have the upper hand and will eventually take over

This pretty much sums up the current situation with public unions and how they are contrasted with private unions. Again we are reaching a tipping point as the Vallejo potential bankruptcy all but too painfully points out. this is all about greed and control and "we want what they have" mentality. It has to come to an end sooner or later. The Housing crisis may bring it to a head quicker due to the shortfall in property tax revenue which will be hitting home soon. This is a showdown between the taxpayers and the "ruling elite"...the public employee unions, the spinless political hacks we let get elected and their pork barrel dog and pony show.

The trouble with unions
By MICHAEL HALEY
Napa Valley Register
http://www.napavalleyregister.com/articles/2008/05/18/opinion/michael_haley/doc482b723f46256162341736.txt

When I read the recent Register article about the service workers unions approaching the City Council for support in unionizing new hotel workers, all I could think was here comes trouble. I hope the City Council does not help them.

I think most people believe that unions counterbalance management in a sort of equal relationship, one side representing one point of view, the other another, and that it all balances out equally assuring fairness. But it is not an equal relationship, the unions soon grow to have more power than management and can control the entire situation to the point that the employer becomes harmed, even bankrupt.

Let me first of all say that often times unions have done a lot of good, so I am not necessarily opposed to them in total.

But there are two main reasons for unions having an unfair advantage that it is important for people to understand. This happens in both private unions and even more so in government.

The first reason is that labor unions all link together as a large unit, while the employers, be they government or private, have to act independently by law. If you can control the position of labor across a whole field of employment, say all the firefighters in the state acting together, then each individual local government is far out manned.

The second is that they are not a feature of a free marketplace, but are an invention of the government to control a free market place. Unions only exist because government laws and regulations mandate them. A marketplace, on the other hand, would exist whether the government regulated it or not.

What that means is that by taking away some of the freedom of employers and employees to freely associate on whatever terms they prefer, you lose economic efficiency. On an economic basis, there is just no way around it.

Vallejo's safety unions are a good example of how that harms us.

The salaries they have negotiated are a shocker they are so high, yet they have refused to negotiate and caused the city to go into bankruptcy. And yet they still won‚t negotiate, they have no incentive to do so. And there is little that the city can do about it. In a non-union environment, Vallejo would have cut salaries, benefits, rearranged work schedules and a number of other things that would have saved the city through tough times. The same thing any household would do when budgets were tight.

The lesson? Union contracts cause the management of a company or government to lose control of the very thing they are supposed to run. And the unions have no responsibility to manage it themselves, even though they control it.

Of course, the automotive companies are yet another example where union demands and economically unfeasible contracts could not be gotten out of and they have bankrupted the entire auto industry in America. And which automaker has risen to the top and avoided all this? Toyota, which does not have unions.

Because unions are a government regulatory creation, they are slow to respond to changing economic circumstances, if at all. The only real control over them is whatever the employer can exert.

An employer, be that the government or private, has an organic limit on its behavior. A company has to please its customers or it will go out of business. The government is limited by what it can extract from taxpayers.

But the unions have no organic limit built into their economic system. The company or government can go bust and the unions can remain unaffected. We have seen that with both Vallejo and the auto industry. They are only limited by moral suasion and whatever the management can convince them to do.

The auto industry could have chosen to keep their prices high, but if customers won't buy that is it, they are done. On the other hand, if General Motors had just decided not to pay their union workers as much, they would have been hauled into court and fined.

This is an incredibly important point for the public to understand about unions, because this is not about whether anyone or I likes them or not, it is about the way economic reality functions. There is an organic limit built into what a government or company can do, but there is no limit built into what a union can do. Therein lies the problem.

If you doubt this, all you have to do is look at what has happened. The auto industry, Vallejo, state worker pension and medical benefit unfunded liabilities, the fact that the city of Napa is mandated to pay a salary rate based on bankrupt Vallejo salaries even when it makes no sense, these are all things that no one would do unless mandated by law.

The fact is that the way the system is structured, especially in California, unions automatically have the upper hand and they eventually will take over. This is pretty much what has already happened to the California state legislature. Lets not encourage this in Napa.


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

click here to receive LAAG posts by email