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HomeMy WebLinkAbout21-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, CMC, City Clerk Subject: Appeal hearing regarding the City Clerk's determination of ineligibility for Parents United to operate a fireworks stand in 2011. Dept: City Clerk Date: May 10, 2011 Synopsis of Previous Council Action: Meeting Date: May 16, 2011 5/2/05 - Ordinance MC-1195 was adopted. Ordinance amending Chapter 8.60 of the San Bernardino Municipal Code relating to regulatory fees for fireworks. 2/18/03 - Ordinance MC-1138 was adopted. Ordinance amending Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. Recommended Motion: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Parents United. OR That the hearing be closed; and that the Mayor and Common Council grant the appeal and allow the fireworks stand application to be submitted by Parents United. ~~/~. CJ~--/ Signature Contact person: ~inrly R"""hh'r Supporting data attached: Yes phnn".~?nn Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (A~~t np~r.rirtinn) Finance: Council Notes: ~~I {)5-/& -"JfJ t / STAFF REPORT Date: May 10, 2011 To: Honorable Mayor and Members of the Common Council/Community Development Commission /).~ ~p Rachel G. Clark, CMC, City CI~ ~. Appeal hearing regarding denial of fireworks stand application submitted by Parents United From: Subject: Backe:round: Ordinance MC-1138, adopted on February 18, 2003, sets forth the regulations for the sale of fireworks. Section 8.60.050(C) states that the maximum number of licenses issued during a calendar year shall be 35 and that section also sets forth the prerequisites for issuance of a fireworks license. Section 8.60.050B of the Municipal Code states "Each such applicant must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least twenty members." Section 8.60.030F of the Municipal Code states, "No less than ninety percent of the net profits derived from the sale of fireworks in the City by the applicant shall be utilized for the direct advancement of the applicant's stated non-profit purposes within the City of San Bernardino. . ." At the time of processing Parents United's 2010 financial statement and regulatory fee, it was noticed that the mailing envelope and check had an address in the City of Rialto. Upon further review, a check of the internet found that the site for Parents United International shows the local chapter located in Rialto and no longer in San Bernardino (Exhibit A). The organization's 2011 fireworks application (Exhibit B) states the address of the organization is located on Steele St in San Bernardino. The appellant's letter of appeal states that, "... the principal meeting place was located in the City of San Bernardino for 20 years, and moved only to accommodate the continued ability to benefit the sexually abused children and their families, 85% of whom are San Bernardino City residents."; however, they clearly do not have their principal and permanent meeting place within the City of San Bernardino. . Given the requirements outlined in Section 8.60 of the Municipal Code, a decision has been made to deny this organization a fireworks license. The appellant is requesting that the Mayor and Council allow Parents United to operate a fireworks stand in the City of San Bernardino. If the Mayor and Council choose to change the definition of "meeting place" it will require an amendment to the current Ordinance and that could not be adopted in time to issue the organization a license for this year's fireworks stand. If the Mayor and Council choose to waive the specified requirements for this organization, it would set a precedent for other organizations that have been denied fireworks stands due to the fact they do not have their principal and permanent meeting place within the City limits and/or whose profits are not utilized in the City of San Bernardino. The appellant has paid the $75 appeal fee. Financial Impact: None Recommendation: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Parents United. OR That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve the fireworks stand application to be submitted by Parents United. CITY OF SAN BERNARDINO APPEAL FORM \.' :::.) Office Use Onlv Copies Distributed To: o City Attorney 0 City Manager Date: . ~" ,,,\ r.:')l, I: ': LQDa't~irtimei;ta.h'pt .. IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of Building Commissioners (BBC) and Animal Control Commission must be filed in the City Clerk's Office. Aooellant Name: .2p.,,~ElJrS d~p~, ~tMi1rijrt) 251-73 ~S~~\ ~/) ~broA;f.A '17..~~t/ Address: Contact Person Name: ~~ l-f'rtf6lbl""P) 25'Z13 .SI4~I'';I''ik\ 'ff( I ~~~I {jJq?~ (tiotn 7'11r{,-z'-f-3 Fax: ~)'7qk -"zif.3 E-mail: 5nS~~J~~~ Address: Day Phone: Evening Phone: Affected Property Address: Assessor's Parcel Number (APN #): \\Those Decision Are You Appealing: (l.:XJJ01-J3UF.CI'Free Date of that Decision: .A~ Ilf) 7..FJ It DBoard of Building Commissioners - $75.00 ~Mayor and Common Council - $75.00* DPlanning Commission - Fee Adjusted Annually DAnimal Control Commission - $75.00 DPolice Commission - No Charge DOther: - No Charge *Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission. City of San Bernardino - City Clerk's Office - 300 N. "n" Street - San Bernardino, CA 92418 _ (909) 384-5002 1. The action appealed: If{~ l1-\f: ~~f~rl'H!.Cd1\)At1"JSt) I'M p;r:;; ftLl~ TO ~ A P1::RFhSibr"iU.s. ~. 2. The grounds for appeal: ---ur"f?~ ~~ ~ 5-Al& ,qf" ~ ~ l15~, 4 11{i5 /~/) ~ oF N'Cr """\~~ 't5 ~ ~~rrIZ' ~ll<~ ~ ~JJH1~~ ~~A-VlL~f11mr1.Lr:~ A ~ 3. The action(s) sought: A/lc;".... ~~~ t)AJLIr;"h}~\~~f) ~'Jfl=A..,'rO .~ -A ~1~<" ~-mPD -o011-1E' 9 M' ~ ~ 4. Any additional information: ~ Jf-S~'5 ?R~ JI1~~ fA ~ lAJ18 ~DJ_W~~~~\~~'l1\ffl-t '20c.J~1 ~ . , --Z5i ft121:1J,Jtff.cs /3ttm/ fJ.J'rlL ~ ~ fJF 7lW(};-t; I .~arents United International Page I of2 Stop the Cycle of.Child Sexual Abuse Clinical Psychologist Debra Johnson Ph.D. - Administrator 615 15th Street, Modesto, CA 95354 Telephone: (209) 572-3446 - Fax: (209) 524-7780 YOU MAY CONTACT US AT: EcMajl: parentslI@aiJ1ct.com Help for Families suffering from Child Sexual Abuse For information about services and benefits, select a subject below QllR MISSION If ORMATION !NTRODliCTlON EFFECTS ofi\IOLEST WHO MA Y BENEFIT TEACJiERS EIGHT LESSONS \YIlAT T{) DO Links to Local Chapters With Returns: MOUNT PLEASANT, MICHIGAN REDIJAJ'iK.1iEW JERSEY TRENTON, NEWJE,RSEY FINJ:>LAYJOHIP FRESNQ,c;ALIFORNIA MORENO YALLEy,c;ALIEORNIA Links to Local Chapters Without Returns: CHARLESTON, WEsTYIRGINIA MASON CITY. IOWA ORANGE CQUNTY, c;ALIEQRNIA NORTIIERNJOWA OMAHA, NEBRASKA RIVERSIDE, CALIFORNIA SACRAMENTQ, CAUFORNJA RIALTO, CALIFQRNIA MODESTO, CALIFQRNIA REXJ:>ALE, QNT ARIO,CANAI)A About the Organization Parents United International is a non-profit organization, dedicated to helping those suffering from the consequences of child sexual abuse. We are here to help, whether you are a child who has been sexually abused, an adult who was sexually abused as a child, a parent of an abused child, a person who suspects child sexual abuse, or a support person. We also conduct programs httn://www.narentsunited.info/ . . EX."alT " 7/22/2010 Parents United International Page 2 of2 . to help facilitate the recovery of offenders. Purpose, Design of Parents United The Parents United Treatment model was created in San Jose Calif. in 1972 to treat the devastating effects of molest, not only on the child, but on the child's entire family and all those involved in and impacted by this terrible crime against children. The Stanislaus County chapter of Parents United, located in Modesto Calif. was established over 25 years ago, headed by Clinical Psychologist Debra Johnson Ph.D. The Modesto program has continued to grow, making it one of the largest chapters in the U.S., the national model for the inclusive treatment of child sexual abuse and the home of Parents United International. Today, Dr. Johnson is administrator ofParnets United International Inc., and continues her active leadership of the Stanislaus County's Child Sexual Abuse Treatment Team (referred to as the C- SAT Team). Serving with Dr. Johnson are specialized clinicians, all of whom work in partnership with Probation, Parole, Child Protective Services, Law Enforcement, the District Attorney's office, schools and human service agencies throughout Stanislaus county. This collaborative effort within the community is essential to the success of this program. [Wit. httn' / /www.n"rentsunited.info/ 7/22/2010 CITY OF SAN BERNARDINO APPLICATION FOR LICENSE TO SELL SAFE AND SANE FIREWORKS MUNICIPAL CODE 8.60 7-iJT ~~ City Clerk's Office 300 N. '0" Street, 2nd Floor San Bernardino, CA 92418 (909) 384-5302 www.sbcitV.ora Name of Organization: Co-Applicant if applicable (attach separate application) PARENTS UNITED Date organization formed in City of San Bernardino. 130umber at bona nae members 1985 Location of Fireworks Stand: R-o~ ., " S, € STj{,CtP Orgamzation's Responsible Party: Address: 25273 SHEPARDSON #1 Telephone #: TERRY BURKHOLDER I,OMA LINDA CA 92354 ()09-796-6243 Address of orgamzanon it artterent trom above: 2575 S. STEELE SAN BERNARDINO. CA 92408 I Name of tlreworks suppl1er: TNT Fireworks - JAIME NEVAREZ TelePhon{l14) 738-1002 X145 Does any outside organization, person, fIrm, company or concern have any interest in said sale or share of the proceeds? NO License to be issued upon compliance with Development Services and Fire Deparnnent regulations and special inspection permit to be secured from Development Services - (909) 384-5071. The undersigned agrees to comply strictly with any and all terms of this license if granted, and will furnish any additional information upon request; and declares that only members of the stated organization(s) will conduct fireworks sales. If application is approved, applicant will deliver to the City Clerk's Office a minimum of $1,000,000 public liability and property damage insurance policies with riders attached designating the City of San Bernardino as an additional insured, and a copy of the State Fire Marshal permit. -./. .~ 11. A U j.D.. .h!A'~'d A. ~ /Eie./tY !3tf.ru<floL.:JJG/L ,z-..L/-II SignaturVof Authorized Representative Tille Print Name Date This application will not be considered unless it includes the following no later than the specified dates: (Business License staff initial when complete) No later than March 31 b .. official verification of organization's non-profit status :J!: C) ,", Copy of official Board minutes detailing the intent and authorization to sell fireworks; and detailing what sites, populations, or projects wiltbtnefit 8iid for what numose ( ~ ') [~~ Preliminary financial statement form describing anticipated expenses and profits, and detailing what monies will be provided to the projettS liste01:o the official Board minutes c: Written permission from the property owner acknowledging hislher pennission to place a fireworks stand on hisfher property (must clearl~te ~ and address of..............-nt owner) --~, Plot sketch of fireworks stand and location .. , ,-..., $50 Application fee and $200 License fee payable to the City of San Bernaniino c; No later than June 20 Certificate of Insurance _ $1,000,000 public liability and property damage holding the City and its employees, officials and agents harmless, and desio'l""tino the same as the additional insured State Fire Marshal's permit Temporaty pennit from State Board of Equalization Clean-up fee of$3oo payable to the City of San Bernardino Completed applications must be returned to the City Clerk's Office, 300 N. "D" Street, 2 nd Floor, b~tween March 1 and March 31 of the calendar year. . "--'alLa..._ .