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RESOLUTION(ID# 1892) DOC ID: 1892
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Fees
From: Andrea Travis-Miller M/CC Meeting Date: 06/18/2012
Prepared by: Heidi Aten, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Setting the 2012
Regulatory Fee for the Sale of Fireworks.
Financial Impact:
The regulatory fee revenue for this season is estimated to be$62,800. This revenue will be used
to offset the City's costs for awareness, education, and enforcement of the Municipal Code.
Account Description: <<Insert Account Description
Balance as of «Inert Date>>
Balance after approval of this item: «Inert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt Resolution.
Svnovsis of Previous Council Action:
June 6, 2011 - The Mayor and Common Council adopted resolution 2011-129 setting the 2011
Regulatory Fee.
May 16, 2011 -Mayor and Common Council continued item to June 6,2011 meeting.
May 4, 2011 - The Ways and Means Committee recommended item be brought forward to
Mayor and Common Council.
June 30, 2010 - The Mayor and Common Council adopted resolution 2010-216 setting the 2010
Regulatory Fee.
Updated:6/14/2012 by Sabdi Sanchez Page 1
1892
June 29, 2009 - The Mayor and Common Council adopted resolution 2009-176 setting the 2009
Regulatory Fee for the sale of fireworks and amending resolution 2009-122.
June 15, 2009 - Mayor and Common Council adopted an Urgency Ordinance amending San
Bernardino Municipal Code Section 8.60.095 regarding regulatory fees for the sale of fireworks.
Background:
The City of San Bernardino permits the retail sale of fireworks in all areas south of the I-210
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Freeway. Licensees and fireworks suppliers are required to pay a regulatory fee, which is set
I annually by the Mayor and Common Council. The purpose of the regulatory fee is to raise
sufficient funds to pay for fireworks education, fireworks safety awareness campaign, and
enforcing the provisions of the Municipal Code.
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The regulatory fee is based on the gross sales of all fireworks sold in the City. The Finance
Department proposes the amount of the regulatory fee based on the licensee's fireworks sales
financial statements from the prior year. Each licensee is required to submit fireworks sales
financial statements to the City Clerk's Office no later than August 31. One half of the regulatory
fee is to be paid by the licensee and the remaining half is to be paid by the fireworks supplier. In
accordance with Section 8.60.095(B) of the Municipal Code, the regulatory fee rate may not
exceed more than 10 percent of the total gross sales of fireworks sold in the City during the prior
year. This regulatory fee rate must be adopted by the Mayor and Common Council no later than
the last meeting prior to the first day of firework sales,which is June 18,2012, as provided for in
Sections 8.60.095(B) and 8.60.070 (P) of the Municipal Code.
Each year, prior to imposing a fee, staff prepares a study of the anticipated costs associated with
education, awareness, and enforcement of the Municipal Code. Exhibit A provides an
assessment, itemized by department, of the costs associated with fireworks sales including the
staff time incurred by the Police Department, Fire Department, and City Clerk's Office, and the
public education and outreach component. The total estimated cost associated with sale of
fireworks in the City is $71,899. The estimated revenue collection this year is $62,800. It is
estimated that the City's costs will exceed the revenue collected by as much as $9,099.
City Attorney Review:
Supporting Documents:
reso 1892 (PDF)
Updated:6/14/2012 by Sabdi Sanchez page 2
1892
Exhibit A Fireworks Expenditure (PDF)
Updated:6/14/2012 by Sabdi Sanchez Paee 3
I RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 70F
SAN BERNARDINO SETTING THE 2012 REGULATORY FEE FOR THE SALE OF
3 F REWORKS.
4 WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency
5 ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half
6 of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid
7 y
by the fireworks company that supplies the product; and c
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9 WHEREAS, prior to imposing the fee, the City is required to prepare a study of the LL
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10 anticipated costs associated with fireworks education, awareness, and enforcement; and N
11 WHEREAS, the City has prepared a study of the anticipated costs for fireworks
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education, awareness and enforcement for the 2012 season, a copy of which is attached hereto m
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as Exhibit"A"and by reference made a part here of $
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15 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON z
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor and Common Council of the City of San Bernardino
17 a
18 has determined that the total anticipated costs for the City to provide services to support the
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19 sale of fireworks for the 2012 season has been calculated at$71,899. d
c
20 SECTION 2. The Finance Department shall determine the proportion of the
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regulatory fee owed to the City based on the licensee's fireworks sales financial statements. a
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23 1 The regulatory fee charged by the City shall not exceed 10% of the total gross sales of the
24 fireworks sold in the City by the licensee.
25 SECTION 3. This fee shall take effect upon the adoption of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
+-� 1 SAN BERNARDINO SETTING THE 2012 REGULATORY FEE FOR THE SALE OF
2 FIREWORKS,
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4 and Common Council of the City of San Bernardino at a meeting
5 thereof,held on the_day of . 2012, by the following vote,to wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
N
Y
8 MARQUEZ 3
d
9 JENKINS E
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10 VALDIVIA w
11 SHORETT _
12 w
13 KELLEY LL
Z
14 JOHNSON
15 MCCAMMACK
16 0
17 w
Georgeann Hanna, City Clerk m
18 c
The foregoing resolution is hereby approved this day f
19 Y 2012.
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20
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21 Patrick J. Morris, Mayor a
22 City of San Bernardino
23 Approved as to form:
JAMES F. PENMAN,
24 City Attorney
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"Packet Pg. 987
7.B.b
Fireworks 2012 Exhibit A
Expenditure Estimates
Labor/Time Fringe Benefits/
Overhead Total
Police Department
July 2 personnel $ 10,950 1 $ 1,306 1 $ 12,256
July 3 personnel $ 10,950 1 $ 1 306 1 $ 12,256
July 4 personnel $ 7,200 $ 859 $ 8,059
Equipment/vehicles $ 1,698 Y
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Fire Department
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July 1 personnel $ 2,486 $ 392 $ 2,878 LL
July 2 personnel _ $ `o
July 3 personnel $ 2,504 $ 395 $ 2,899 2
July 4 personnel $ 3,344 $ 528 $ 3,872 d
Public Education Officer $ 1,750 $ 276 $ 29026
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Business Registration Representative $ 2,221 $ 955 $ 3,175 a
Business Registration Manager $ 951 $ 409 $ 1,359 0
Materials(postage,printing,stationery)
iPublic Education
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® Black Voice News June 21 -July; 7"x 4" ad i $ 512
Inland Empire Community News June 21-June 28th;7"x 4"ad $ 336
Precinct Reporter June 21-June 28th;2"x 8"ad $ 385 m
Press Enterprise June 23-July 6th $ 1,724
SB Municipal Water Department 45,000 water bill insert mailing cost $ 1,125 a
June 20-July 4 print ads;June 20-June 30 a
SB Sun ad(Inland Newspaper Group) mobile ads; 14 days e-edition June 20-Jul 4 $ 3,990 w
W estside Story News June 21-June 28;quarter page ads $ 300 2
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3
Out of the Box-flyers,bill inserts&signs 32,000 flyers;45,000 bill inserts; 100 signs $ 2,905
Radio ads-La Maquina 100.9 June 23-Jul 4;60 spots,30 second ads $ 720
Arbitron Radio ads-KQIE&KCXX 103.9 June 28-Jul 5;96 spots,30 second ads $ 3,000 R
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Police Department $ 34,269
Fire Department $ 11.,674 a
City Clerics Office $ 4,535 ¢
Public Education Total $ 14,998
Total Service Direct Cost $ 65,476
Gen.&Admin.Rate @ 9.81% $ 6,423
Total Service Cost $ 71,899