HomeMy WebLinkAbout2022-11-17; Fireworks Display at the Omni La Costa Resort & Spa on November 15, 2022 (District 4); Barberio, GaryTo the members of the:
CITY COUNCIL
Date 11/17/22 CAycc ✓
CM LACM _0cM (3) _v
November 17, 2022
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
From: Gary Barberio, Deputy City Manager, Community Services
Kyle Lancaster, Parks & Recreation Director
{city of
Carlsbad
Memo ID# 2022117
Via: Geoff Patnoe, Assistant City Manager ~
Re: Fireworks Display at the Omni La Costa Resort & Spa on November 15, 2022 {District 4}
This memorandum provides information related to the fireworks display that occurred at the
Omni La Costa Resort & Spa (Omni Resort) on November 15, 2022.
Background
On Tuesday, November 15, 2022, shortly after 9 p.m., the city received multiple contacts through
various channels of communication (including approximately 75 calls to the public safety
dispatch center), regarding a fireworks display occurring at the Omni Resort. Public safety staff
confirmed a Citywide Special Event Permit had been issued for the display, but could not
determine if the permit applicant had performed the required notification of affected parties.
Discussion
The fireworks display that occurred at the Omni Resort on November 15, 2022 was permitted by
the city's Special Events Committee under the authority and guidance of Carlsbad Municipal
Code (CMC) Chapter 8.17. Per CMC 8.17.020, examples of city special events include fireworks
displays. The permit applicant was Fireworks & Stage FX America, LLC.
The CMC requires, at a minimum, notifications of special events to be sent by the Special Event
Permit applicant to affected parties 10-15 days prior to the event, with affected parties being
defined as businesses or residences located within 300 feet of the area around the special event
that are likely to experience impacts.
• Staff received a copy of the notification and a list of the affected party recipients from the
applicant. The mailing list provided by staff to the applicant extended well beyond the
300-foot buffer of the fireworks shoot location and was significantly expanded based on
historical input and feedback from the community surrounding the Omni Resort. There
were over 3,000 addresses on the mailing list that staff provided to the applicant.
• Staff worked with the Omni Resort and the fireworks company applicant throughout the
permitting process. On November 16, 2022, staff contacted both of those individuals and
Community Services Branch
Parks & Recreation Department
799 Pine Avenue, Suite 200 I Carlsbad, CA 92008 I 442-339-2826 t
Council Memo-Fireworks Display at the Omni Resort on November 15, 2022 (District 4}
November 17, 2022
Page 2
discovered there had been a miscommunication between them. As a result, notifications
were not sent as required per the conditions of the permit and CMC 8.17.120 (C}.
Randy Zupanski, Omni Resort Managing Director, personally committed to respond to all calls
and emails received by the city regarding this matter. Staff subsequently responded to those
calls and emails and forwarded the information to Mr. Zupanski for further follow-up. The Omni
Resort also posted the following statement on Facebook and Nextdoor social media platforms:
Last night, Omni La Costa Resort & Spa partnered with Fireworks America to deliver a show
for a conference taking place at the resort. Although permitting was received within the city
bi-laws and communication with nearby residents was fully intended, we soon realized that
due to miscommunication, notification letters were not sent. We recognize the negative
impact these shows can have on families and pets, and sincerely apologize for the disruption.
Rest assured that moving forward, we have procedures in place to ensure proper notifications
are sent in advance. Thank you to our local community for voicing concerns --we appreciate
your understanding and forgiveness.
Staff requested Mr. Zupanski also send the above statement to the over 3,000 addresses on the
mailing list of affected parties. Mr. Zupanski declined staff's request, stating the Omni Resort had
already posted the statement on social media and had contacted the individuals that called or
emailed with concerns. Mr. Zupanski opined that a broad outreach to affected parties would
create more problems than it would solve.
Additionally, staff began investigating the pursuit of an infraction on this matter, under CMC
8.17200 (B}(2}:
B. Violations of the terms and conditions of any of the following prohibitions in this chapter
will constitute an infraction and shall be punished as provided for in Chapter 1.08 ...
2. To knowingly fail to comply with any condition of the permit.
Next Steps
Staff will continue to respond to calls and emails received from the public on this matter and
forward the information to Mr. Zupanski for further follow-up. Staff will also evaluate the matter
to determine whether an infraction citation is appropriate. Lastly, staff will review CMC Chapter
8.17 and the Special Events Committee's permitting procedures for possible amendments that
would apply redundant safeguards to prevent such notification omissions in the future.
Council Memo -Fireworks Display at the Omni Resort on November 15, 2022 (District 4)
November 17, 2022
Page 3
cc: Scott Chadwick, City Manager
Mickey Williams, Police Chief
Michael Calderwood, Fire Chief
Ronald Kemp, Senior Assistant City Attorney
Allegra Frost, Assistant City Attorney
Kristina Ray, Communications & Engagement Director
Sheila Cobian, Legislative & Constituent Services Director
Jeff Murphy, Community Services Director
Mick Calarco, Recreation Services Manager