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Home My WebLink About17-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Appeal of City Clerk's decision to deny fireworks application submitted Dept: City Clerk 0 RIG 1 N A LbY Del Rosa Apostolic Church Date: April 23, 2003 MICC Meeting Date: May 5, 2003 Synopsis of Previous Council Action: 2/18/03: Ordinance No. MC-1138 was adopted amending Chapter 8.60 of the San Bernardino Municipal Code Relating to Fireworks. Recommended Motion: #1: That the hearing be closed, and that the Mayor and Common Council uphold the City Clerk's decision to deny the fireworks application submitted by Del Rosa Apostolic Church OR #2: That the hearing be closed, that the Mayor and Common Council grant the appeal; and that the City Clerk's Office accept the fireworks application submitted by Del Rosa Apostolic Church. Qc~}J. ~~ '- Signature Contact person: r.i"rly RII.."hh.r, R",. R..g !;lIpvr ph""... ~?nn Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (A",-,t n..""rirtinn) Finance: Council Notes: Agenda Item No. ! 7 .5 /5/03 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report - Page one of two Submitted by: City Clerk's Office Council Meeting of May 5, 2003 Subject: Appeal of City Clerk's decision to deny fireworks application submitted by Del Rosa Apostolic Church Background: February 18, 2003: The Mayor and Common Council adopted Ordinance No. MC-I138 amending Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. February 19,2003: The attached letter (see Attachment 1) was sent to 35 organizations notifying them of the changes to the fireworks ordinance and advising them of deadline to submit applications for a license to sell fireworks. Copies of the letter and attachments were also provided to the representatives of the fireworks companies. March 31, 2003: A total of 54 organizations submitted applications for fireworks licenses, including Del Rosa Apostolic Church which applied for the first time. April 1-2, 2003: Staffreviewed each application to ensure that the required information was submitted. Several phone calls were made to organizations that submitted incomplete applications asking them to provide missing information by April 4. April 3, 2003: Stafffrom the City Clerk's Office, Fire Department, and the Mayor's Office reviewed the applications. There were several organizations that submitted incomplete applications or did not appear to meet the prerequisites. Staff continued to contact organizations that did not file complete applications. April?, 2003: Staff approved 23 of the returning organizations and eventually approved three more organizations once they filed completed information. With the approval of26 fireworks licenses, that left nine open slots for the drawing. April 10, 2003: A letter was sent to those organizations that did not qualify (including Del Rosa Apostolic Church) notifying them of the reason(s) they did not qualify and notifying them of the appeal process. (See Attachment 2). Del Rosa Apostolic Church was denied because they did not meet requirements of Ordinance No. MC-I138, Section 8.60.050 B, requiring applicants to have its principal and permanent meeting place in the corporate limits of the City. April 14, 2003: Drawing took place in the City Clerk's Office for the nine open slots. The drawing results are attached as Attachment 3. I April 16, 2003: Letter (Attachment 4) was sent to the 18 organizations that participated in the drawing for nine open stands. The letter stated that the first nine organizations had been preliminarily granted the available fireworks stands; however, the drawing was not final due to the fact that organizations who were rejected might file an appeal. April 23, 2003: Appeal filed by Del Rosa Apostolic Church Del Rosa Apostolic Church's appeal was filed on the grounds that many of their members are city residents and that they have been involved with city programs. The grounds of their appeal are similar to those outlined in the appeal filed by The Gathering Place Church. To be consistent with all organizations and to adhere to the provisions of the revised ordinance, we had no choice but to advise the Church that they would not qualify for a fireworks stand if they were outside of the City limits. While staff recognizes the valid points raised by the applicant's appeal, we believe that overturning the decision by the City Clerk's Office would open up Pandora's box by allowing out of city organizations to participate. As noted above, the drawing has already taken place and the first nine organizations identified in Attachment 3 are anticipating having a fireworks stand. If the City Council grants the appeal, then a new drawing will need to be held so that Del Rosa Apostolic Church can be included in the drawing for one of the available fireworks licenses. Financial Impact: None Recommendation: That the hearing be closed, and that the Mayor and Common Council uphold the City Clerk's decision to deny the fireworks application submitted by Del Rosa Apostolic Church OR That the hearing be closed, that the Mayor and Common Council grant the appeal; and that the City Clerk's Office accept the fireworks application submitted by Del Rosa Apostolic Church. 2 CITY OF SAN BERNARDINO APPEAL FORM RECEIVFO.C/T'( ~l Eii,1 Office Use Onlv Datertlme amp: Copies Distributed To: '03 APR 23 [}City Attorney gtity Administrator AlO :10 Date: '1' ~3' 0 ~ IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of Building Commissioners (BBC) and Animal Control Commission must be filed III the City Clerk's Office. COMPLETEA.t.L ITEMSBEW"':' . .. ,-,- .... .. . . ..' . .. -, ..,' . ...., "', .... -,' . '.. -,','" .... Appellant Name: 1)rJ \<Wa QEoSfb[~ Chllrd1 Address: ,\LuO (j I CI SpW 0l1X\ ~mulxrl{Vl D r tA, 0:1-'t(Dt{ Contact Person Name: fe.l;p6 Ui(JO I r/('V7 h ( Address: 1 litO {l] I () S,~Y)tv "Vlrl (y m {U'Ti I r-; () ('f;. OJ 2!-I DU , Day Phone: f1C-t1) <i)l-'-f.)I-tl~) Fax: , Evening Phone: ~)0 11' Ol.fI~7 E-mail: Affected Property Address: Assessor's Parcel Number (APN #): Whose Decision Are Y Oll Appealing: C1 nC(i.J.J~Lit{'n t.er Date of that Decision: ~t:i 1 \Dl j.{)'I.3 TYPE OF APPEAL - CHECK ONE: @:oard of Building Commissioners - No Charge OAnimal Control Commission - No Charge v Mayor and Common Council OPolice Commission - No Charge OPlanning Commission - Fee Adjusted Annually OOther: - No Charge City of San Bernardino _ City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002 ;:+f: I. The action appealed: " 2. The grounds for appeal: 3. The action(:;) sought: 4. Any additional information: Date: ~o3 . COOlO ID18 luz m WI mlBulo m tinieb1as. . ,'~. ~J, "Debojo de _ !os deIos 10 d.... Y .. Iuz ham !os ftnes de Ii tlerra" Job 37:3 Putor Felipe lu&o Church 909-888-ll704 Home 909.877-0415 ASAttIILEA APOSTOUCA DE IA FE EN oCMS~O JESUS 7161 GLASGOW, SAN BERNARDINO, CA .2..... I Bloomington CA April 21 City of San Bernardino Office of the City Clerk 300 N. "D" Street San Bernardino, Ca.924 I 8-001 To whom it may concern, This is a letter of appeal regarding the permission of the fireworks stand for a fund- raiser at Del Rosa Apostolic Church. We realize that the church is within the county limits, but many of our members are living and are tax paying citizens of the City of San Bernardino. Also, our children are attending the San Bernardino City Unified School District and we are paying our hard-earned taxes to the city. Also our church has been actively involved working with the citizens of San Bernardino, approximately nine years ago our church joined the city in the effort to clean up graffetti. Our church provided the manpower and you give us the paint. No issue regarding the city limits was raised then and I don't see why is an issue now. In that fact, we are asking if you would reconsider to giving us permission to participate in the Fourth of July Fireworks sales. The only reason that we were denied was because ofthe city limit issue. If you have any further questions, please free to call me at (909) 877-0415. May God bless you. Sincerely, ~~ ~~~ OFFICE OF THE CiTY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-hemardino.ca.us '" February 19,2003 <<Contact First Name>> <<Contact Last Name>> - - - - <<Company>> <<Address>> <<City>>, <<State>> <<Postal_Code>> Dear Fireworks Organization, At the February 18,2003 meeting of the Mayor and Council of the City of San Bernardino, the City Council approved the final reading of Ordinance No. MC-II38, a copy of which is attached for your reference. The Ordinance will take effect March 21, 2003, and affects all organizations that are currently authorized to operate a fireworks stand in the City of San Bernardino. 1 suggest that your Board and members read the new ordinance and be fully aware of the changes that have been enacted. Key points of the ordinance are summarized as follows: . The boundaries have been changed and safe and sane fireworks can no longer be sold or discharged north of the 210/30 freeway. Organizations with locations north of the 210/30 freeway will have to find another site for their stand. A map showing new boundaries is enclosed. . A non-refundable fee of $50 has been added to cover the administrative costs of processing applications. . Organizations must provide proof of their non-profit status. . Organizations must provide minutes of their meeting wherein the organization details projects that will be funded with proceeds from fireworks sales and how the projects will benefit the community. . Organizations must provide a preliminary financial statement describing anticipated revenues, expenses, and profits, and how the monies will be distributed. No less than 90% of the net profits shall be utilized for the direct advancement of the applicant's stated non-profit purposes within the City of San Bernardino. . Each organization must operate within the city limits of San Bernardino. Priority will be given to returning qualified organizations that operated a stand in 2002. . Each organization will be required to submit a financial report by August 31 of each year. Organizations that fail to submit this report will forfeit their participation the following year. CiTY OF SAN BERNARIJ!NO ~~{ February 19, 2003 Page two Application for a license to sell fireworks must be submitted to the City Clerk's Office between March I and March 31, 2003. If you plan to apply for a license this year, please refer to page three of the attached ordinance to ensure that your organization fully complies with the new requirements. Forms required of each organization are also enclosed. If an organization would like to joint venture with another non-profit organization, the application must indicate that it is a joint venture. Each organization in a joint venture will be required to comply with the new requirements. If you have any questions, please call either Mrs. Cynthia Buechter, Business Registration Supervisor, at 384-5306, or Mrs. Peggi Hazlett, Assistant to the Mayor, at 384-5133. Thank you for your cooperation in adhering to the new provisions of the fireworks ordinance. Sincerely, Rachel G. Clark, CMC City Clerk Enclosures Cc: Mark Gassman, American Promotional Events, Inc. Dave Guccione, American Promotional Events, Inc. Bill , Blockbuster Fireworks of California, Inc. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK BUSINESS REGISTRATION DIVISION P.O. Box 1318. San Bernardino. CA 92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5302. Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" April 10, 2003 Del Rosa Apostolic Church 7160 Glasgow SI. San Bernardino, CA 92404 Dear Fireworks Stand Applicant: The City Clerk's Office has reviewed your group's application to operate a fireworks stand in the City of San Bernardino for 2003. Unfortunately, your group failed to meet the criteria specified in Chapter 8.60 of the San Bernardino Municipal Code and will not be allowed to operate a fireworks stand. Specifically, your group did not meet the criteria in the following area(s): . The principal and permanent meeting place for your organization is not within the corporate limits of the City. (SBMC 8.60.050) The decision of the City Clerk may be appealed to the Mayor and Common Council per SBMC 2.64 (copy enclosed). If you wish to appeal this decision, the enclosed Appeal Form must be completed and received in the City Clerk's Office no later than 4:30 p.m. April 25. 2003. If you have any questions, please do not hesitate to call our office at (909) 384-5036. Sincerely, .... -, 1 {) ,0 l u{i /!.b J Cindy Buechter Business Registration Supervisor ~ ~, ' . ,J-;--r ~~ t :'(t.,}u' iL.X- /1.,-...., "'., CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty RESULTS OF 2003 FIREWORKS DRAWING (IN ORDER) 1. Arroyo Valley High School Athletics 2. St Paul AME Church 3. Fund Our Kids Future 4. Calvary Baptist Church 5. First Samoan Assembly of God 6. St Bernardine's Church 7. Wildwood Little League District 43 8. Praise Tabernacle 9. Church of God of Prophecy 10. Rolling Start 11. San Bernardino Count 4 H 12. Cornerstone Christian Fellowship 13.Jr. All American/North S.B Cowboys 14. New Life Fellowship Day Harvest Ministries 15. Victory Resource Center 16. Holy Land Community Center 17.Judson Baptist Church 18. Boys & Girls Club n 1 1 A;'~ __A n A_I ? OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us 31.' April 16, 2003 Dear Fireworks Stand Drawing Applicant: Thank you for applying for a City of San Bernardino fireworks stand for 2003. This year there were a total of nine vacancies for fireworks stands. A lottery for the available stands took place on Monday, April 14, 2003 in the City Clerk's Office. The following organizations (shown in order drawn) have preliminarily been granted the available firework stands: I. Arroyo Valley High School Athletics 2. Saint Paul AME Church 3. Fund Our Kids Future 4. Calvary Baptist Church 5. First Samoan Assembly of God 6. St. Bernardine's Church 7. Wildwood Little League District 43 8. Praise Tabernacle 9. Church of God of Prophecy As previously stated, the drawing is preliminary and not final due to the fact that any organization whose 2003 fireworks stand application had been rejected, has a right to appeal that decision to the Mayor and Common Council per SBMC Section 2.64. Once the appeal process has been exhausted, our office will confirm the standing of all groups that participated in the lottery and notify each group of the final result. Attached you will find a list showing all organizations in the order they were drawn in the lottery. This list will be used in the event any of the approved organizations drop out before June 15, 2003 or if any of the appeals are granted. If your group was not drawn for a stand this year, you are invited to submit an application for the 2004 fireworks stand drawing in the event there are any openings next year. Those applications must be submitted to the City Clerk's Office between March 1,2004 and March 31, 2004 to be considered for the drawing. If you have any questions, please feel free to contact our office at (909) 384-5036. Sincerely, ., ,. .' /1." 'J.--.(.(t/l~i_{ /1 Cindy Buechter Business Registration Supervisor CITY OF SAN BERNARDINO C1;cJ:7~ 1 __ 'u. _ ._~_ L.___:... _ A,......""nt...h;!ihl. 'Rp..:nprt for Hllman Di~nitv. Honesty OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us ," May 8, 2003 Pastor Felipe Lugo Del Rosa Apostolic Church 7160 Glasgow San Bernardino, CA 92404 Dear Pastor Lugo: Pursuant to Section 8.60.040 of the San Bernardino Municipal Code, this is to inform you that at the meeting of the Mayor and Common Council held on May 5, 2003, the following action was taken relative to the appeal hearing regarding the City Clerk's decision to deny the fireworks application submitted by the Del Rosa Apostolic Church: That the hearing be closed; and that the Mayor and Common Council uphold the City Clerk's decision to deny the fireworks application submitted by the Del Rosa Apostolic Church. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, n . - ,ll. (" / !-J ~ t.,t...cC ,"" J.<<-".fC Rachel G, Clark, CMC City Clerk CC: City Attorney's Office Cindy Buechter, Business Registration Supervisor File CITY OF SAN BERNARDINO _ _ ____~_t..:l:._. _ n~......",,..t fn:r J.JlIT11'ln lJionitv. Honp-s.tv