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Home My WebLink About20-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 by the San Bernardino County Raiders Booster Club Dept: City Clerk 0 R \ G \ NA L Date: April 25, 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 the San Bernardino County Raiders Booster Club 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 the San Bernardino County Raiders Booster Club :2c~ !d. ~~ Signature Contact person: r.inrly RII""h".r. RIlCO R"g ~lIpvr phnnp' ~'nn Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) (Ard n"""rirtinn) Finance: Council Notes: 5/5//)3 Agenda Item No. ~ 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 San Bernardino County Raiders Booster Club Background: Februarv 18, 2003: The Mayor and Common Council adopted Ordinance No. MC-1138 amending Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. Februarv 19, 2003: The attached letter (see Attachment I) was sent to 35 organizations (including the San Bernardino County Raiders Booster Club) 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. 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: Staff from 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 7, 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 San BernardinoCounty Raiders Booster Club) notifying them of the reason(s) they did not qualify and notifying them of the appeal process. (See Attachment 2). 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. 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 I 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 25. 2003: Appeal filed by San Bernardino County Raiders Booster Club. The appeal filed by the San Bernardino County Raiders Booster Club did not provide grounds for appeal nor did they provide proof of non-profit status. To be consistent with all organizations and to adhere to the provisions of the revised ordinance, we had no choice but to advise the San Bernardino County Raiders Booster Club that they would not qualify for a fireworks stand since they did not provide proof of non-profit status. If the City Council grants the appeal, then the San Bernardino County Raiders Booster Club would be given one of the 35 permitted stands since they did have a stand in 2002 and would have priority as a returning organization. This would leave possibly eight openings and bump other organizations that submitted all ofthe requisite information in a timely manner and have been included in the drawing for available 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 the San Bernardino County Raiders Booster Club. 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 the San Bernardino County Raiders Booster Club. 2 , CITY OF SAN BERNARDINO APPEAL FORM d ::>;l '" Office Use Only Daterrime Stlllnp: " :-T1 Copies Distributed To: ;g :2 o City Attorney 0 City Administrator _J Date: ~ S? --l -' ;J:> '-0 C""> IMPORTANT INFORMATION: All appeals to the Mayor and Common C<\Y{lcil,;:Board of Building Commissioners (BBC) and Animal Control Commission must be file'd irPthe City Clerk's Office. . COMrtE'l.'t.~ lTEMSBEL()"\y: .C Appellant g{i.. ~ rltzrs ~ \\;.{'nLir'(\~n n r -au (\+1 Name: " l~kr (' /, ,h ( S8cR -Xl r\ Address: 90. ~O~ 105.3& ~c\.n \6of n~q,:.t {)() c.A Cj.).\.[ .}.:s Contact Person Name: Cl.\-" 1''- S Get. \\(,~V5 Address: ,2-'-15 D.:von five, \--\ \ -3h \QI)JJ CA 42.3l41n Day Phone: ~iM) arJ..s - ~[,I D Fax: Evening Phone: ~ f) 0~, 2 ~Llf'U, E-mail: 5 b rC\ l~ (pJ (;/,1 , (p"h Affected Property Address: 'f', r e vC,,\>l-s 5\t:{,-,A - Assessor's Parcel Number (APN #): I Whose Decision Are You Appealing: G, +"1 t\.Q..(\<:.;s O-r.~ rL.Q.. . Date of that Decision: !-i-ID-o'?, TYPE OF APPEAL - CHECK ONE: DBoard of Building Commissioners - No Charge DAnimal Control Commission - No Charge ~ayor and Common Council. DPolice Commission - No Charge DPlanning Commission - Fee Adjusted Annually DOther: - No Charge City of San Bernardino _ City Clerk's Office - 300 N, "D" Street - San Bernardino, CA 92418 - (909) 384-5002 ~ , " " SAN BERNARDINO COUNTY RAIDER BOOSTER CLUB c/o Chris Gallegos, President P.O. Box 10563, San Bernardino, CA 92423 (909) 862-4820 To: Honorable Mayor and City Council RE: Appeal Denial of Application to Operate Fireworks Stand for 2003 These are some of the organizations that the San Bernardino County Raider Booster Club has supported with revenues from fireworks sales over the years: San Gorgonio High School Football Highland Girls Softball Frazee Community Center Head Start Preschool at San Salvador Church Huckaba Little League Children's Fund of San Bernardino County San-Hi Jr. All American Football Veteran's Park Community Center San Salvador Church Del Rosa Head Start Colton Youth Soccer Mountainside Christian Church Henry Elementary School John Velasquez (7 year old boy who was dying of heart condition, provided Laker Sports jersey, which he was buried in) Grand Terrace Little League Girls Traveling softball teams (2 separate teams) Colton Youth Allstars (football) Toys for Tots distributed in the San Bernardino area Ken Hubbs Little League Centennial High School Football Thompson Elementary School PT A S. 8. Padres Little League team California Inland Empire Council of Boy Scouts Coyotee Youth Wrestling Citizen Police volunteers Four Square Church Some of you may take notice that some of the above organizations are not in San Bernardino. Please remember that until the most recent change in your ordinance, the City has NEVER required that a certain percentage of our proceeds be spent in San Bernardino. Also, some ofthe donations were made in the way of supplies, equipment, or food donations, and these items WERE purchased in San Bernardino, and forwarded to the groups, even though this was not previously required. Also, please know that we feel it is very unfair, and deliberate that the City Council made the 501(c)(3) requirement without giving groups sufficient time to complete application for such. We feel it would have been more appropriate ifthe Council had allowed status quo for this season, and then required that all such applications be completed before next season. As stated before, we are not opposed to applying for the 501(c)(3), but could not do so in the three weeks the City allowed before filing the application to sell. Our group has operated a stand in the City of San Bernardino since 1992, and the City has never even once asked for this requirement. If we are not approved our club will continue to operate, but we will not be able to continue providing monetary supporMte youth groups as in the past. Many of us will continue to donate our time, but the financial support will not be there. Please reconsider and approve our application to operate a Fireworks Stand for 2003. We have demonstrated in our application where we plan on spending the revenues from Fireworks in 2003. Our membership has committed to meet the 90% in San Bernardino Requirements put forth by the Council. ~- Chris Gallegos President 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.lls '" 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-1138, 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. I 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 ofthe 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 BERNARDINO iliL~ { February 19, 2003 Page two Application for a license to sell fireworks must be submitted to the City Clerk's Office between March 1 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 "0" Street. San Bernardino. CA 92418-0001 909.384.5302. Fax: 909.384.5158 www.ci.san-bernardino.ca.lis '" April 10, 2003 San Bernardino Raider Boosters P.O. Box 10536 San Bernardino, CA 92423 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): . Proof of non-profit status not submitted. (SBMC 8.60.030D) The decision of the City Clerk may be appealed to the Mayor and Cornmon 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. AoriI25.2003. If you have any questions, please do not hesitate to call our office at (909) 384-5036. Sincerely, /'"2 I e Dcu{!/2"i:Ij Cindy Buechter Business Registration Supervisor (iIt~ J--- CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: 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 nJT:^i~~._ ,':( OFFICE OF THE CITY CLERK RACHEL G. CLARK, CM.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 5U 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 :f.-,.Ju /,i Iln I Cindy Buechter Business Registration Supervisor CiTY OF SAN BERNARDINO CltM~ 1 _ ~ ~__.._.^1..;1:.., a D"'......o..... ff\r l-flltT1~n n;onilv. Hnnp-stv 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 3'.' May 8, 2003 Chris Gallegos San Bernardino County Raiders Booster Club P.O. Box 10536 San Bernardino, CA 92423 Dear Mr. Gallegos: 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 San Bernardino County Raiders Booster Club: 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 San Bernardino County Raiders Booster Club. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ik,-Jd /V:1. t-L-vJc Rachel G. Clark, CMC City Clerk CC: City Attorney's Office Cindy Buechter, Business Registration Supervisor File CITY OF SAN BERNARDINO ~ __~~,..,..... COn. nnn. ".t... Tm~' Tntpnritv. A('rmmt~hi1itv. R~s.nect for Human Dignity. Honesty