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HomeMy WebLinkAbout27-City Attorney , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney c... ". 'L '"-, I ~ it J , Subject: Resolutions - submitting a ballot measure relative to the prohibition of safe and sane fireworks and calling a Special Municipal Election. Dept: CITY ATTORNEY Date: July 30, 2002 Synopsis of Previous Council Action: None. Recommended motion: Adopt the following Resolutions: A. Resplution of the City of San Bernardino Submitting To The Qualified Electors of said City for Their Approval a Ballot Measure Relating to the Prohibition of Safe and Sane Fireworks; Transmission of the Proposed Ballot Measure to the Office of the City Attorney for Purposes of Preparation of an Impartial Analysis. B. Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election on a Ballot Measure Relating to the Prohibition of Safe and Sane Fireworks and Requesting that said City of San Bernardino's Special Municipal Election be Consolidated with the November 5, 2002 Statewide General Election Conducted by the County of San Bernardino. r 1/~ Signature Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: r/5/0J-i Agenda Item No. d.. 7 ~,- STAFF REPORT Council Meeting Date: August 5. 2002 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office July 30, 2002 Resolutions submitting a ballot measure relative to the prohibition of safe and sane fireworks and calling a Special Municipal Election. The topic of prohibiting safe and sane fireworks in the City of San Bernardino has been periodically raised at council meetings for several years, oftentimes as the Fourth of July approaches and with the advent of the fire season, This year is no different The Mayor and Common Council may wish to consider if it is time for the voters of the City of San Bernardino to decide this issue. With that in mind, two resolutions are presented for your consideration. The first resolution would submit to the voters an ordinance prohibiting safe and sane fireworks in the City of San Bernardino, effective July 5, 2005. The second resolution calls a special municipal election on this ballot measure for the November 5, 2002 election. The Mayor and Common Council are not voting on the ordinance. The Mayor and Common Council are voting on two resolutions to place the ordinance before the voters and let them decide the issue. If the ordinance is approved at the November 5, 2002 election, the voters will have spoken and the ordinance can only be amended or repealed by the voters at another election. If the ordinance is disapproved at the November 5, 2002 election, the voters will have registered their voice as well. The proposed effective date of July 5, 2005 for the ordinance was selected so that if the ordinance is approved by the voters, those entities which rely on the revenue generated by the sale of fireworks would have some time to attempt to find alternative sources of funding. Whether this effective date is too short or too long is certainly within the Mayor and Common Council's authority to decide, as is the ultimate question of whether or not to submit this issue to the ,:oters. I RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A 3 BALLOT MEASURE PROHIBITING SAFE AND SANE FIREWORKS IN SAID CITY, EFFECTIVE JULY 5, 2005; TRANSMISSION OF THE 4 PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 5 ANALYSIS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Recital. 9 Pursuant to Section 9222 of the Elections Code of the State of California, the A. 10 legislative body of a city may submit to the voters, without a petition therefor, a proposition for the II repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or 12 special city election. 13 Pursuant to this authority, the Mayor and Common Council have adopted this B. 14 resolution submitting to the voters of the City of San Bernardino for their approval or disapproval 15 an ordinance which, if approved by the voters, prohibits safe and sane fireworks in the City of San 16 Bernardino, effective July 5, 2005. 17 SECTION 2. Submittal to Electors. The ordinance attached hereto as Exhibit "A" is 18 submitted to the qualified electors of the City of San Bernardino for their approval or disapproval 19 at a special municipal election to be held on Tuesday, November 5, 2002. 20 SECTION 3. Measure. The measure to be voted on at the consolidated special municipal 21 election as it is to appear on the ballot shall be as follows: 22 23 24 25 26 27 28 MEASURE . Shall the ordinance repealing Chapter 8.60 and adding Chapter 8.61 FOR THE ORDINANCE [ ] to the San Bernardino Municipal Code be approved by the voters so that effective July 5, 2005, the possession, sale or use of safe and AGAINST THE ORDINANCE [] sane fireworks in the City of San Bernardino is prohibited? The measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided by law. HTC[safe.2] 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A 2 BALLOT MEASURE PROHIBITING SAFE AND SANE FIREWORKS IN SAID CITY, EFFECTIVE JULY 5, 2005; TRANSMISSION OF THE 3 PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 4 ANALYSIS. 5 6 SECTION 4. Transmission of Proposed Ballot Measure Documents. Pursuant to the 7 Elections Code of the State of California, the City Clerk is hereby directed to transmit a copy of the 8 ballot measure, and all other necessary documents, to the Office of the City Attorney for purposes 9 of preparation of an Impartial Analysis. 10 SECTION 5. Filin~ of Resolution. The City Clerk of the City of San Bernardino is 11 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of San 12 Bernardino and to file a copy of this Resolution with the Registrar of Voters. 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III HTC[safe.2] 1 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY FOR THEIR APPROVAL A 2 BALLOT MEASURE PROHIBITING SAFE AND SANE FIREWORKS IN SAID CITY, EFFECTIVE JULY 5, 2005; TRANSMISSION OF THE 3 PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR PURPOSES OF PREPARATION OF AN IMPARTIAL 4 ANALYSIS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held on 8 day of , 2002, by the following vote, to wit: 9 Council Members: 10 ESTRADA 11 LIEN 12 MCGINNIS 13 DERRY 14 SUAREZ 15 ANDERSON 16 MCCAMMACK 17 AYES NAYS ABSTAIN ABSENT 18 19 20 CITY CLERK The foregoing resolution is hereby approved this day of ,2002. JUDITH V ALLES, Mayor City of San Bernardino I I~~ 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING AND 3 ADOPTING CHAPTER 8.61 TO SAID CODE PROHIBITING SAFE AND SANE FIREWORKS, EFFECTIVE JULY 5, 2005. 4 5 WHEREAS, Part 2 of Division II of the California Health and Safety Code (Section 12500 et seq.), known as the State Fireworks Law, and Article 78 of the California Fire Code (Section 7801 6 et seq.) as adopted and amended by Chapter 15.16 of the San Bernardino Municipal Code, regulate the sale, use or discharge of fireworks; and 7 WHEREAS, the State Fireworks Law makes it a misdemeanor violation for any person 8 to possess or discharge dangerous fireworks without a valid permit (Health and Safety Code Sections 12640, 12677. and 12700); and 9 WHEREAS, the State Fireworks Law allows a city to otherwise prohibit or regulate by 10 ordinance the sale, use or discharge of fireworks (Health and Safety Code Section 12541); and 11 WHEREAS, San Bernardino Municipal Code Section 15.16.250 makes it unlawful for any person to store, offer for sale, sell or use or explode any firework except as provided in the 12 California Fire Code or the San Bernardino Municipal Code; and, 13 WHEREAS, San Bernardino Municipal Code Section 15.16.250 provides that the Fire Chief shall have power to adopt reasonable rules and regulations for the granting of permits for 14 supervised public display of fireworks by a public agency, fair association, amusement park, other organization. or for the use of fireworks by artisans in pursuit of their trade and that every such use 15 or display shall be handled by a competent operator approved by the Fire Chief or his designated representati\"e: and 16 WHEREAS, San Bernardino Municipal Code Chapter 8.60 provides that safe and sane 17 fireworks, as defined by Section 12529 of the Health and Safety Code, may be sold or discharged within the City at such time periods and locations as provided in Chapter 8.60; and 18 \VHEREAS, in accordance with California Elections Code Section 9222, the Mayor and 19 Common Council wish to let the voters decide whether the sale or use of safe and sane fireworks should be prohibited within the City of San Bernardino. 20 21 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 22 BERNARDINO DO ORDAIN AS FOLLOWS: 23 SECTION 1. Effective twelve o'clock noon on the 5th day of July 2005, Chapter 8.60 24 of the San Bernardino Municipal Code is repealed. 25 / / / 26 / / / 27 / / / 28 / / / HE/cj[Firewor.ordj 1 Exhibit "A" , I 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING AND 2 ADOPTING CHAPTER 8.61 TO SAID CODE PROHIBITING SAFE AND SANE FIREWORKS, EFFECTIVE JULY 5, 2002. 3 4 SECTION 2. Effective twelve o'clock noon on the 5th day of July 2005, Chapter 8.61 ofthe San Bernardino Municipal Code is added and adopted to read as follows: 5 "Chapter 8.61. Safe and Sane Fireworks Prohibited. 6 7 8.61.100 Possession, Sale, Use or Discharge Prohibited. It shall be unlawful for any person to possess, sell, offer for sale, use or discharge within the City of San Bernardino any safe and sane fireworks, as defined in Section 12529 of the Health and Safety Code of the State of California, or as defined in any other section of any code as a result of subsequent state laws being enacted. 8 9 10 11 8.61.200. Violation - Penalty. Any person violating any provision of this Chapter is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Each violation is punishable separately." SECTION 3. This Ordinance shall not become effective on its designated date unless it is approved by a majority of the voters at the City of San Bernardino's Special Municipal Election held on November 5, 2002. 12 13 14 15 16 SECTION 4. This ordinance shall not be amended or repealed unless such amendment or repeal is approved by a majority of the voters at an election. 17 18 19 20 21 22 23 24 25 26 27 28 HEJcj{Firewor.ord] 2 Exhibit "A" I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION 3 TO ALLOW THE VOTERS TO DECIDE ON THE ADOPTION OF AN ORDINANCE WHICH WOULD PROHIBIT SAFE AND SANE FIREWORKS 4 IN THE CITY OF SAN BERNARDINO, EFFECTIVE JULY 5, 2005, AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL 5 MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 5, 2002 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 6 COUNTY OF SAN BERNARDINO. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. Recitals. 10 A. Pursuant to California Elections Code Section 9222, the legislative body of a city may II submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or 12 enactment of any ordinance, to be voted upon at any succeeding regular or special city election. 13 B. Pursuant to this authority, the Mayor and Common Council have adopted Resolution submitting to the voters of the City of San Bernardino for their approval or 14 No. 15 disapproval an ordinance which, if approved by the voters, prohibits safe and sane fireworks in the 16 City of San Bernardino, effective July 5, 2005. 17 SECTION 2. Special Municipal Election Called. A special municipal election is hereby 18 called and will be held in the City of San Bernardino on Tuesday, November 5, 2002, for the purpose 19 of submitting to the qualified electors of the City, for their approval or disapproval, the ordinance 20 as set forth in Exhibit "A" attached hereto. 21 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10400 of the 22 California Elections Code, the Mayor and Common Council of the City of San Bernardino request 23 that the Board of Supervisors of the County of San Bernardino consolidate the City's special 24 municipal election with the statewide general election to be held on Tuesday, November 5, 2002. 25 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall 26 remain open continuously from said time until 8:00 p.m. ofthe same day when said polls shall be 27 closed, except as provided in Section 14401 ofthe California Elections Code. 28 III HTC[safe.l] 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION 3 TO ALLOW THE VOTERS TO DECIDE ON THE ADOPTION OF AN ORDINANCE WHICH WOULD PROHIBIT SAFE AND SANE FIREWORKS 4 IN THE CITY OF SAN BERNARDINO, EFFECTIVE JULY 5, 2005, AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL 5 MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 5, 2002 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 6 COUNTY OF SAN BERNARDINO. 7 8 SECTION 4. Measure. The measure to be voted on at the consolidated special municipal 9 election as it is to appear on the ballot shall be as follows: 10 11 12 MEASURE . Shall the ordinance repealing Chapter 8.60 and adding Chapter 8.61 FOR THE ORDINANCE [ ] to the San Bernardino Municipal Code be approved by the voters so that effective July 5, 2005, the possession, sale or use of safe and AGAINST THE ORDINANCE [] sane fireworks in the City of San Bernardino is prohibited? 13 14 15 16 17 18 The measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided in the California Elections Code. SECTION 5. Canvass of Returns. The Registrar of Voters of the County of San Bernardino is hereby authorized to canvass the returns of the special municipal election so called and to conduct the special municipal election in all respects as if there were only one election with only 19 one form of ballot. Results of the special municipal election shall be certified to the Mayor and 20 21 Common Council of the City of San Bernardino. SECTION 6. Notice of Election. The City Clerk is hereby directed to publish a notice of 22 the special municipal election which shall contain the following: 23 24 25 26 A. The time of the election; B. The hours the polls will be open; C. That the last day for receipt of primary arguments for or against the measure has been established as 5:00 p.m. on August 16,2002, in the City Clerk's Office, Second Floor, City Hall, 300 27 28 North "D" Street, San Bernardino, California; HTC[safe.l] 2 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION 3 TO ALLOW THE VOTERS TO DECIDE ON THE ADOPTION OF AN ORDINANCE WHICH WOULD PROHIBIT SAFE AND SANE FIREWORKS 4 IN THE CITY OF SAN BERNARDINO, EFFECTIVE JULYS, 2005, AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL 5 MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 5, 2002 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 6 COUNTY OF SAN BERNARDINO. 7 8 D. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 23, 2002, 9 in the City Clerk's Office at the above location. 10 The City Clerk is directed to make arrangements to accept arguments and to arrange for 11 sample ballots, in accordance with the appropriate sections of the California Elections Code, which 12 shall include the text of the ordinance to be approved or disapproved by the voters which, if 13 approved by the voters, prohibits safe and sane fireworks in the City of San Bernardino, effective 14 July 5, 2005. This notice may be combined with a notice of any other municipal election to be held 15 on the same date. 16 SECTION 7. Conduct of Election. The special municipal election so called shall be held 17 in such precincts and at such polling places as shall be determined by the Registrar of Voters of the 18 County of San Bernardino. The Board of Supervisors of the County of San Bernardino is hereby 19 requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding 20 of the consolidated election. The Mayor is hereby authorized to execute a contract for the services 21 necessary for conducting the special municipal election. The City of San Bernardino recognizes that 22 additional costs will be incurred by the County by reasons of this consolidation and agrees to 23 reimburse the County for any such costs. 24 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is 25 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of San 26 Bernardino and to file a copy of this Resolution with the Registrar of Voters. 27 III 28 III HTC[s.f,.! ] 3 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL MUNICIPAL ELECTION 3 TO ALLOW THE VOTERS TO DECIDE ON THE ADOPTION OF AN ORDINANCE WHICH WOULD PROIDBIT SAFE AND SANE FIREWORKS 4 IN THE CITY OF SAN BERNARDINO, EFFECTIVE JULY 5, 2005, AND REQUESTING THAT SAID CITY OF SAN BERNARDINO'S SPECIAL 5 MUNICIPAL ELECTION BE CONSOLIDATED WITH THE NOVEMBER 5, 2002 STATEWIDE GENERAL ELECTION CONDUCTED BY THE 6 COUNTY OF SAN BERNARDINO. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, held on 9 day of 10 Council Members: II ESTRADA 12 LIEN 13 MCGINNIS 14 DERRY IS SUAREZ 16 ANDERSON 17 MCCAMMACK 18 19 , 2002, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT CITY CLERK 20 21 22 The foregoing resolution is hereby approved this day of ,2002. JUDITH V ALLES, Mayor City of San Bernardino I... 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING AND 3 ADOPTING CHAPTER 8.61 TO SAID CODE PROHIBITING SAFE AND SANE FIREWORKS, EFFECTIVE JULY 5, 2005. 4 5 WHEREAS, Part 2 of Division II of the California Health and Safety Code (Section 12500 et seq.). known as the State Fireworks Law, and Article 78 of the California Fire Code (Section 7801 6 et seq.) as adopted and amended by Chapter 15.16 of the San Bernardino Municipal Code, regulate the sale, use or discharge of fireworks; and 7 WHEREAS, the State Fireworks Law makes it a misdemeanor violation for any person 8 to possess or discharge dangerous fireworks without a valid permit (Health and Safety Code Sections 12640, 12677. and 12700); and 9 WHEREAS, the State Fireworks Law allows a city to otherwise prohibit or regulate by 10 ordinance the sale, use or discharge of fireworks (Health and Safety Code Section 12541); and 11 WHEREAS, San Bernardino Municipal Code Section 15.16.250 makes it unlawful for any person to store, offer for sale, sell or use or explode any firework except as provided in the 12 California Fire Code or the San Bernardino Municipal Code; and, 13 WHEREAS, San Bernardino Municipal Code Section 15.16.250 provides that the Fire Chief shall have power to adopt reasonable rules and regulations for the granting of permits for 14 supervised public display of fireviorks' by a public agency, fair association, amusement park, other organization. or for the use of fireworks by artisans in pursuit of their trade and that every such use 15 or display shall be handled by a competent operator approved by the Fire Chief or his designated representati\'e: and 16 WHEREAS, San Bernardino Municipal Code Chapter 8.60 provides that safe and sane 17 fireworks, as defined by Section 12529 of the Health and Safety Code, may be sold or discharged within the City at such time periods and locations as provided in Chapter 8.60; and 18 WHEREAS, in accordance with California Elections Code Section 9222, the Mayor and 19 Common Council wish to let the voters decide whether the sale or use of safe and sane fireworks should be prohibited within the City of San Bernardino. 20 21 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 22 BERNARDINO DO ORDAIN AS FOLLOWS: 23 SECTION 1. Effective twelve o'clock noon on the 5th day of July 2005, Chapter 8.60 24 of the San Bernardino Municipal Code is repealed. 25 III 26 III 27 III 28 III HE/cj[Firewor.ord) 1 Exhibit "A" 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING AND 2 ADOPTING CHAPTER 8.61 TO SAID CODE PROHIBITING SAFE AND SANE FIREWORKS, EFFECTIVE JULY 5, 2002. 3 4 SECTION 2. Effective twelve o'clock noon on the 5th day of July 2005, Chapter 8.61 of the San Bernardino Municipal Code is added and adopted to read as follows: 5 6 "Chapter 8.61. Safe and Sane Fireworks Prohibited. 8.61.100 Possession, Sale, Use or Discharge Prohibited. It shall be unlawful for any person to possess, sell, offer for sale, use or discharge within the City of San Bernardino any safe and sane fireworks, as defined in Section 12529 of the Health and Safety Code of the State of California, or as defined in any other section of any code as a result of subsequent state laws being enacted. 7 8 9 10 11 8.61.200. Violation - Penalty. Any person violating any provision of this Chapter is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Each violation is punishable separately." 12 13 14 SECTION 3. This Ordinance shall not become effective on its designated date unless it is approved by a majority of the voters at the City of San Bernardino's Special Municipal Election held on November 5, 2002. SECTION 4. This ordinance shall not be amended or repealed unless such amendment or repeal is approved by a majority of the voters at an election. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HElcj(Firewor.ord} 2 Exhibit "A" . o . SB panel douses fireworkS measure City Council rebuffS' mayor on initiative By MATI BENDER Staff Writer SAN BERNARDINO - The City Council voted 5-2 ag8il1St putting a measure on the NO)- vember ballot that wouldlllln fireworks in the city. [t was a surprising rebuff to Mayor Judith Valles, who bas pushed aggressively for a' baIi, and City Attorney James ~ man, who drafted the proposed ballot measure. Penman had suggested..~ question of banning fireworlcs llfJ before the voters because it's es.- pecially controversial, but .2nd Ward Councilwoman Susan Lien argued that the council ~d take a stand one way or the oIh- er. "This is what we were e[ectIld to do," she said Lien also said she doubted that the voters would approve the measure, saying the fireworlcs in- dustry would .8pO!lIl lavishly to campaign against 1bl measun:; " An anti-ban ClU1lll'Iignwllilllf""' also have the support of the 3S nonprofit organi7Jltions that use fireworks sales as a fund-mising event every year, she said See MEASURE/AI o Measure Continued from A 1 "1 think that there isn't a chance that the voters would turn out in numbers to s1llmp out fireworks," Lien said After the vote, Valles ex- pressed disappointment and frustration. She said the non- profit groups, many of which spoke oUt ag8il1Stthe pro- posed baIlotmellsure' "didn't get the message" that selling fireworlcs isn't consistent with their publi~ce missions. She also 'expMssed disap- pointment that six San Ber- nardino County cities, includ- ing her own, "have failed to have the political will to do what is right for our children." San Benuutlino allows the use. of so-caIled safe-and-sane fireworks in most parts of the city, although it forbids their use in some sections of the city near the foothills of the San Benuutlino Mountains. The issue is especially ex- plosive this year as local fire officials are predicting one of the worst wildfire seasons in memory. Fifth Ward Councilman Joe Suarez, whose ward in- cludes the foothill areas near Devore, expressed concern about the risk of a wildfire caused by fireworks. "1 shudder every time 1 see the kids throwing up fir&. works, illegal fireworks," he said. But he joined four other council members - Lien, IJs;. ther Estrada, Gordon McGin- nis and Neil Deny - in vot- ing against the proposed ballot measure. Numerous audience mem- . bers on both sides of 1he issue testified before 1he council. ; .....' Seventh Ward CotJDcit;. woman Wendy McCammadl:.... said the calls she had receivo!l from constituenlswere eveoJ)' split. She and 6th WllRi ~'. cilwoman Betty. IlelJ/1Anc1ef.> son were the lone' votes ~. putting the issue on the baIlot... . Penman recommended the ballot measure in 1arge part because public opinion was so difficult to read "Over the years, mayOltl and councils have expressed a great deal of doubt. on what the public wanls on this i&- sue," he said. Most San Bernardino County cities aIready ban fir&. works; the exceptions are Adelanto, Chino, Colton, Grand Terrace, Rialto and San Bernardino. Valles has lob- bied officials in those cities to ban fireworks sales as well. Contact _r Matt _ al (909) 386-3884 or via e-mail at matt.benderOlbeun.com. 1"\ ?' ^ g r\ 0 'X OS\( I . o o -lIte: 9<-0-(.l.?' ( ., ,::pN UP TO COUNCIL Fireworks ban won'f'~-; go before SB voters OUR VIEW: San Bernardino City Council leaves the door open to make decision on fireworks sales il$elf. The San Bernardino City Council has taken a couril- '. ..." goous stand not to put a fireworks ban on the .bIIIlot.lf:,7, anything, Monday's decision should f~ the~. '. to exercise strong leadership and make its own ruling limit. .. ing their use. The fireworks issue has taken on special significlmce . this year with fire officials predicting one of the WOlllt wild-'i, fire seasons on record. Several area blazes p....,....ling lhe . Fourth of July caused a commwtity uproar dver whether the . city should join others in the region and support a ban on fireworks. San Bernardino is one of six cities in the county that al- low fireworks sales, though of the "safe and sane" vatiety. Thirty-five nonprofit organizations in the city use fireworks sales as a fund-raising event every year. Because the controversy was so hot, City Attorney James Penman suggested putting a measure on the Novem- ber ballot to let city residents decide. It was a move ardently,,,] supported by Mayor Judith Valles. '.1 But the council bravely has chosen to take the heat and make that choice for itself. As Councilwoman Susan Lien m. , toned, "This is what we were elected to do." .., Precisely. Though the council might want to stop short of an out- right ban, which could work to encourage clandestine use of illegal fireworks, that choice is up to the council. In a more pragmatic vein, the city already fotbids fire. works use in foothills areas, where the fire danger is ex- . tremely high. By taking on the mantle of leadership, the city now has cleared the way to extend those restrictions resp0n- sibly, so that firework.s use doesn't haveJo lead to tragedy. Fireworks Statistics 2002 · Fireworks complaint calls for service June 28 - July 5th r;;;l Includes calls responded to by Police Department and~ce Joint Enforcement team. · Firewo~ks !Iated fires responded to by the Fire Department July (1 -9) 11 Six of these fires occurred on the July 4th · Fireworks confiscated July 2 - 6 · Dangerous- 3,933 individual pieces · Safe and Sane- 340 individual pieces · Fireworks related injUries.@( all occurred on July 4th) · Two of the injuries were Safe and Sane fireworks related, causing burns to children. · One child was found with burns to the face and stomach. The other was observed with 2nd degree burns around both eyes, patient stated at the scene that he was unable to see. · Adult patient was a smoke inhalation injury, from an undetermined type of fireworks. · Fire citations issued for dangerous firew~s and fireworks being discharged in the Hazardous Fire Area~ · Animal Control calls July 1- 4 · Loose dogs.(39)Average for a 4 day period-!ill. · Dead animaTsp1cked up- 49 Average for a 4 day period-/30 1 Entered intI R'" II 5' COllncil/CmvDevCms Mtt: 1- fl' b~_ ~:~~ ~ re At. ~--;;;;;;'/- ___ :l.. 7 ~tL ;b.~ City Clerk/CDC Seev '2...7 SB County Raider Booster Club 7245 Devon Av Highland, Ca 92346 Re: Sponsorship for: THE RAPTORS, U-8 DIVISION, TEAM #3 15 Date: 2-3-01 On bebaIf of the youth in our community, the Colton Youth Soccer Organization, which is an affiliate of CYSA-South, would like to express our sincere" thanks" to you as a sponsor and/or your donation to one of our teams. Your SPOnsorship and/or donation helps our league to continue to provide a healthy, safe, fun and educational environment for our children to learn, and play in. All sponsor funds and donations are tax deductible (as we are a non-profit organization). The organization's tax identification number is 33-0618635. If you were a primary sponsor of $150.00 dollars, your name was displayed weekly on our sponsor banner. You should have received a sponsor plaque, which consisted of a framed team picture, to display in your place of business. ( Once again, on behalf of Colton Youth Soccer and the youth of our organization, we would like to thank you for your support. If you have any questions, you can contact us at 825-0151. Sincerely, Colton Youth Soccer Organization Board. iT5 /(;i.~ \ l .......Into ReconIlt CouncillCmvOevCms Mtg: lIy n Agelloa Item. ,. . .... .,' . a..w...-k.. '~DCSecy... . Clt, of san 8eruNIII H~a 7 "'- P.O. Box 694, Colton, California 92324 /nnn. a..r .........