HomeMy WebLinkAbout26- City Clerk ORIGINAL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Rachel G. Clark, CMC Subject: Appeal hearing- denial of
City Clerk Fireworks stand application
submitted by Inland Empire
Dept: City Clerk Chorus/Sweet Adelines
Date: May 4, 2010 M/CC Meeting Date: 5/17/10
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 Inland Empire Chorus/Sweet Adelines.
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 Inland Empire Chorus/Sweet Adelines.
Synopsis of Previous Council Action:
2/18/03: Ordinance MC-1138 was adopted and amended Chapter 8.60 of the San Bernardino
Municipal Code relating to fireworks.
Contact Person: Cindy Buechter Phone:384-5036
Supporting data attached: Ward:
(Mark an"X"next to all that apply)
Staff Report: ❑X Resolution: ❑ Agreement: ❑ Ordinance: ❑
Map: ❑ Other:
a-cam .0 Af -�
Signature of Department Head or designee
Funding Requirements Amount:
Account No: Acct. Description:
Signature of Finance Director or designee
Council Notes:
Agenda Item No. Z�O
$- 1-1- 10
Rq(4L T"e
STAFF REPORT
Date: May 4, 2010
To: Honorable Mayor and Members of the Common Council/Community
Development Commission
From: Rachel G. Clark, CM �/l�C/
Subject: Appeal hearing regarding denial of fireworks stand application submitted by
Inland Empire Chorus/Sweet Adelines
Background:
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."
The appellant, who resides in the City of Highland, lists 1700 N. Waterman, San Bernardino as
the address for Inland Empire Chorus of Sweet Adelines. It is presumed that 1700 N. Waterman
is her workplace since that is the location of the San Bernardino Medical Group. Appellant's
letter of 4/29/2010 (Exhibit A) states that the Inland Empire Chorus/Sweet Adelines currently
meets weekly at a church in Riverside, and their yearly music festival will take place at Redlands
High School. The California Secretary of State's website lists a Calimesa address for the Inland
Empire Chapter of Sweet Adelines, Inc. (Exhibit B). Furthermore, a Google search of the
organization confirms that the Inland Empire Chapter of Sweet Adelines meets in Riverside.
(Exhibit C) The letter of appeal states that"they perform for special events and organizations in
the City of San Bernardino"; 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 expand the definition of the "meeting place" criteria or waive the requirement for
operating a fireworks stand in the City of San Bernardino for the Inland Empire Chorus.
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.
It should be noted that our records indicate that an organization by the name of Harmony,
Etc./Sweet Adelines has had a fireworks booth since 1989; however, they now go by the name of
their `official chapter" of the Inland Empire Chorus. According to the applicant, the name
"Harmony, Etc" refers to one of the many quartets that make up the official chapter of Inland
Empire Chorus. Staff reports that the applicant made a statement that "they need to move their
meeting place back to San Bernardino" and that it has been over 1 'h years that they have been
meeting in Riverside. Their prior applications listed a residence address in San Bernardino as
their `official" meeting place. Staff always questioned that fact since correspondence from the
IRS lists the organization's address in Riverside. Local non-profit organizations have registered
concerns that we allowed Harmony, Etc./Sweet Adelines to have a fireworks booth since it was
apparent to many that they are not based in 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 Inland Empire Chorus/Sweet
Adelines
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 Inland Empire Chorus/Sweet Adelines.
-A 2-(P
5-r7- ib
NpUueu! Pcr�e
Inland Empire Chorus Chapter
Sweet Adelines, International
4M .Q. y�
4/29/2010
Mayor Patrick Morris& Common Council
City of San Bernardino
300 North"D"Street,
San Bernardino,CA 92418
Dear Mayor Morris and Common Council
I respectfully wish to appeal to the Mayor and Common council to expand the definition of the"meeting place"
criteria or waive the requirement for operating a fireworks stand in the city of San Bernardino for the Inland Empire
Chorus. Our Chorus performs all over the Inland Empire,including the city of San Bernardino.
While it is true that we currently meet weekly at a Riverside church to perfect one craft,over the 50 plus years we
have been established we have moved around the Inland Empire as necessity dictated. We have met at Valley College,
an elementary school in San Bernardino, Redlands Sr. Center, Fontana High School, Grand Terrace School,a church
in Highland, and we are now in the 3'"church in Riverside.We regard San Bernardino as the center of our area, and
would like to be considered for our contributions to the city. In just the past few months the chorus has spent many
hours"meeting"in San Bernardino and performing for special events and organizations in the city.
The short list is: Christmas Tree Lighting at the Orange Show, Market Night at Perris Hill Park, Local chapter of
American Business Women's Assn, Native Daughters of California(at Shandin Hills Golf Course),Inland Assn. of
Continuity of Care, San Bernardino Shrine Widows Club,Inland Valley Health Plan, Blood Bank of San Bernardino,
Various convalescent hospitals at Christmas time
Perhaps our greatest contribution to San Bernardino is producing our yearly music festival for high school girls.
(See our 2010 sponsorship Byer)All girls in the Inland Empire are invited to attend through their school's music
department. Help is available to music directors to teach selected song in preparation for the daylong festival.
Getting involved with performance singing builds confidence,teamwork and self—esteem which can last a lifetime.
Although this is only our third festival, interest is very strong,and we are really looking forward to the event and
getting the high schools in San Bernardino involved. We are very fortunate in having Redlands High School as the
location this year so it will be easier for the local girls to participate.
With the income from the fireworks stand we would be able to involve more students in the festival.
Thank you for your consideration.
Ann Pearson,Special Events Co-coordinator
1700 N Waterman Ave
San Bernardino, Ca 92404
909-883-3088
909-862-0358
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CITY OF SAN BERNARDINO
1V❑- ' '± ```'`' APPEAL FORM
Office Use plpy -3 5 Date/Time Stamp:
Copies Dis uted To:
❑ City Attorney ❑City Manager
Date:
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.
' $3`?) E2'i:skt �� ',x '�' }' Fif"y±,'f,' e n`•w' � ""s`art r �a,V-,N'4 y ..
Appellant
Name: 77
/ Pt
Address:
Contact Person /J /� /
Name: ffll✓7 /7- / O/SQ.h /
Address: 117OC) j1
WQfeY/JtGtIJCC�� ir �2!/![Qrglsrd �a
Day Phone: 1'Q/ � .-?0� Fa�,fY - >2Z0
Evening Phone: 1?D 9 - 96v2 -03 sk E-mail:
Affected Property Address: �qO9 �if�Gf7EYlPiGlrfl/e I�reuXlr�cs S/dha1�
Assessor's Parcel Number(APN#): pp...
Whose Decision Are You Appealing:
Date of that Decision: /S 0/(
_ r
❑B rd of Building Commissioners -$75.00 ❑Animal Control Commission - $75.00
Iayor and Common Council- $75.00* ❑Police Commission-No Charge
❑Planning Commission-Fee Adjusted Annually ❑Other: - 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. "D"Street-San Bernardino,CA 92418-(909)384-5002
1. The action appealed:
�e�crsa/ r/z� �r�n� liceh/se � d/��a� �rrewar�s 1
r1aYC��ln/�1Dased o[�n
/�f'/2 $f�eGl't-!� //7 (�ICI�/Pir ��✓Q rrl- /iiylMiGlDc+-I l A�'G� �SG��.1��
11I
i"h'ILr. P�K � G GT/Yl Q G�
2. The grounds for appeal: ) r /
S�6 O'#9Gl�ecf
3. The action(s) sought:
T GHQ/de. Sate C/ / TP/^/([ �0 1 `fdie. Zh�ahAitplr� �f r�rus
rT es p�ni� i`r ore fiaz z
4. Any additional�information:
� /
Lltcc�e� /mil/rx el7 ever
ILr
Business Search-Business Entities - Business Programs Page 1 of 1
fifornia Secretary of State 1 ) ,1
Business Entities (BE) Business Entity Detail
Online Services
- Business Search
- Disclosure Search Data is updated weekly and is current as of Friday, April 30,
- E-File Statements 2010. It is not a complete or certified record of the entity.
- Mail Processing Times
Entity Name: INLAND EMPIRE CHAPTER OF
Main Page SWEET ADELINES, INC.
Service Options Entity Number: C0837494
Name Availability Date Filed: 01/30/1978
Forms, Samples&Fees Status: ACTIVE
Annual/Biennial Statements Jurisdiction: CALIFORNIA
Filing Tips Entity Address: 10320 CALIMESA BLVD SP 298
Information Requests Entity City, State, Zip: CALIMESA CA 92320
(certificates, copies &
status reports) Agent for Service of PAMELA PRESTON
Process:
Service of Process
Agent Address: 10320 CALIMESA BLVD SP 298
FAQs
Contact Information Agent City, State, Zip: CALIMESA CA 92320
Resources * Indicates the information is not contained in the California
- Business Resources Secretary of State's database.
-Tax Information
- Starting A Business a If the status of the corporation is "Surrender," the agent for
- International Business service of process is automatically revoked. Please refer to
Relations Program California Corporations Code section 2114 for information
...........................................
Customer Alert relating to service upon corporations that have surrendered.
(misleading business a For information on checking or reserving a name, refer to
solicitations) Name Availability.
......................................................
• For information on ordering certificates, copies of documents
and/or status reports or to request a more extensive search,
refer to Information....Reguests.
e For help with searching an entity name, refer to Search
.........................
Tips.
..... ......
e For descriptions of the various fields and status types, refer
to Field Descriptions,and Status Definitions.
-.......-............-............. ...................................................................
Modify_Search New.Search Printer F_riendiy Back.to
Search Results
Priyacy Statement I Free.Document Readers
Copyright 0 2010 California Secretary of State
r Y a�A1T 8
INLAND EMPIRE CHORUS, SWEET ADELINES INTERNATIONAL Page I of 2
INLAND EMPIRE CHORUS
Home A MEMBER OF SWEET ADELINES INTL, REGION
COME VISIT INLAND EMPIRE CHORUS
Costumes for Sale IF YOU LOVE TO SING
Our director
HAVE WE GOT A PLACE FOR YOU
LET US SING FOR YOU
QUARTETS JOIN US TUESDAY NIGHTS: 6:30-9:30 PM
YWIH HARMONY STARS INLAND EMPIRE CHORUS OF SWEET ADELIN
WE MEET AT THE FIRST BAPTIST CHURCH`
Photos from YWIH 2009 5500 ALESSANDRO BLVD. RIVERSIDE, CA 92`
MOHome
WE'D LOVE FOR YOU TO JOIN US AS WE PR/
SOCIALIZE, AND SING A CAPPELLA HARMOr
n
Efl4mir L
Chapter Directory- Search Results Page 8 of 9
This chapter is part of the Golden West Region 21. For more information about this region contact Christina Robertson at
cbrobertagn roaftruter.com.
Inland Empire Chapter x
First Baptist Church Rehearsal Time
5500.Allessandro Tuesday
Riverside,CA - -- at 6:30
Website: http-//inlandemprechorus.org_
Email:swensonkathv®aol com
Chapter Contact:Swenson, Kathleen Phone:909-793-5830
This chapter is part of the Golden West Region 21.For more information about this region contact Christina Robertson at
cbrobertson roadrunner.com.
Mission Viejo Chapter
Shepherd of the Hills Rehearsal Time
30121 Niguel Road Monday
Laguna Niguel, CA at 7:00
Website:http://mysweetadelines.org.
Email:ad_elina-Mcox.nett
Chapter Contact: Dudda,Adelina
This chapter is part of the Golden West Region 21. For more information about this region contact Christina Robertson at
cbrobertson(a)roadrunner com.
Sounds of Harmony Chapter
Covina Womans club Rehearsal Time
128 S San Jose Tuesday
Covina, CA at 6:30
This chapter is part of the Golden West Region 21.For more information about this region contact Christina Robertson at
cbrobertson roadrunner.Wrn.
San Diego Chapter
Balboa Park Rehearsal Time
Casa Del Prado Rm 207 Wednesday
San Diego,CA at 6:45
Website: http'//www.sdchorus.org
Email: denise bdnkerhoff(dlclarksecurity oom
Chapter Contact:Brinkerhoff, Denise Phone: 858-571-8983
This chapter is part of the Golden West Region 21. For more information about this region contact Christina Robertson at
cbrgtertson@roatfrunner.corn.
Vista Hills Chapter
Church of Chdsta Bldg Rehearsal Time
926 2nd St Tuesday
Encinitas,CA at 7:00
Webste:ti :t //harmonize.com/vistahilisc:-horLts
Email:jkershm n mail.cP
Chapter Contact:Kershman,Jennifer Phone:949-713-5395
This chapter is part of the Golden West Region 21. For more information about this region contact Christina Robertson at
cbrobertsonaroad runner.com.
Business Search-Business Entities-Business Programs Page 1 of 1
Business Entity Detail
Data is updated weekly and is current as of Friday, April 30, 2010 . It is not a
complete or certified record of the entity.
Entity Name: INLAND EMPIRE CHAPTER OF SWEET ADELINES, INC.
Entity Number: C0837494
Date Filed: 01/30/1978
Status: ACTIVE
Jurisdiction: CALIFORNIA
Entity Address: 10320 CALIMESA BLVD SP 298
Entity City, State, Zip: CALIMESA CA 92320
Agent for Service of Process: PAMELA PRESTON
Agent Address: 10320 CALIMESA BLVD SP 298
Agent City, State, Zip: CALIMESA CA 92320
Indicates the information is not contained in the California Secretary of
State's database.
• If the status of the corporation is "Surrender, " the agent for service of
process is automatically revoked. Please refer to California Corporations Code
section 2114 for information relating to service upon corporations that have
surrendered.
• For information on checking or reserving a name, refer to Name Availability.
• For information on ordering certificates, copies of documents and/or status
reports or to request a more extensive search, refer to Information Requests.
• For help with searching an entity name, refer to Search Tips.
• For descriptions of the various fields and status types, refer to Field
Descriptions and Status Definitions.
OFFICE OF THE CITY CLERK
RAcnEL G.CLARK-Cury Cr.BRR
BuswEss RRGNrR&noN DrinnoN
P.O.Box 1318•San Bernardino•CA 92402
300 North"D"Street•San Bernardino•CA 92418-0001
San BernarTia—o 909.384.5302•Fax: 909.384.5158
www.sbcity.org
April 15,2010
N
29 7il
o rri
Wand Empire Chorus/Sweet Adelines v Cn
Athu.Ann Fearszn
1700 N Waterman Avenue
San Bernardino Ca 92404 c�
Dear Fireworks Stand Applicant:
C'.1
The City Clerk's Office has reviewed your group's application to operate a fireworks stand in the
City of San Bernardino for 2010. 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):
• Applicant must provide proof that its principle meeting place is within the City of San
Bernardino and that it has been established there for a minimum of one year."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."SBMC 8.60.050B.
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
co rmleted and received in the City Clerk's Office no than.5:3P P.m.Nlwi 3.2010.
If you have any questions,please do not hesitate to call our office at(909)384-5036.
Sincerely,
Cindy Buechter
Business Registration Manager
Crry OF SAN BERMARDINO
ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty
INLAND EMPIRE CHORUS
SWEETADELINES, INTERNATIONAL
1700 N WATERMAN AVE, SAN BERNARDINO, CA 92404
4/29/2010
Mayor Patrick Morris&Common Council
City of San Bernardino
300 NORTH "D"Street,
San Bernardino,CA 92418
Dear Mayor Morris and Common Council
I respectfully wish to appeal to the Mayor and Common council to clarify the"meeting place" criteria
for operating a fireworks stand in the city of San Bernardino for the Inland Empire Chorus.Our Chorus
performs all over the Inland Empire, including the city of San Bernardino.
While it is true that the entire chorus currently meets weekly at a Riverside church to perfect our
craft,the board/business meeting is held monthly in San Bernardino at the home of one of our members
or a local coffee shop.Over the 50 plus years we have been established,our chorus practice session has
moved around the Inland Empire as necessity dictated.We have met at Valley College, an elementary
school in San Bernardino, Redlands Sr. Center, Fontana High School, Grand Terrace School,a church in
Highland, and we are now in the 3`°church in Riverside.We regard San Bernardino as the center of our
area, and would like to be considered for our contributions to the city. In just the past few months the
chorus has spent many hours"meeting"in San Bernardino and performing for special events and
organizations in the city.The short list is: Christmas Tree Lighting at the Orange Show,Market Night at
Perris Hill Park, Local chapter of American Business Women's Assn, Native Daughters of California (at
Shandin Hills Golf Course),Inland Assn.of Continuity of Care,San Bernardino Shrine Widows Club,
Inland Valley Health Plan, Blood Bank of San Bernardino,Various convalescent hospitals at Christmas
time.
Perhaps our greatest contribution to San Bernardino is producing our yearly music festival for high
school girls. (see our 2010 sponsorship flyer)All girls in the Inland Empire are invited to attend through
their school's music department. Help is available to music directors to teach selected song in
preparation for the daylong festival. Getting involved with performance singing builds confidence,
teamwork and self—esteem which can last a lifetime.
Although this is only our third festival,interest is very strong,and we are really looking forward to
the event and getting the high schools in San Bernardino involved. We are very fortunate in having
Redlands High School as the location this year so it will be easier for the local girls to participate.
With the income from the fireworks stand we would be able to involve more students in the festival.
Thank you for your consideration.
Ann Pearson, Special Events Co-coordinator
909-883-3088
909-862-0358
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