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RESOLUTION (ID #2526) DOC ID: 2526
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Fees
From: Allen Parker M/CC Meeting Date: 06/17/2013
Prepared by: Chris Lopez, (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 2013
Regulatory Fee for the Sale of Fireworks. (#2526)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The regulatory fee revenue for this season is estimated to be$70,000. 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 o£ <<Insert Date>>
Balance after approval of this item: <<Insert 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 the Resolution.
Synopsis of Previous Council Action:
June 18, 2012 - The Mayor and Common Council adopted resolution 2012-113 setting the 2012
Regulatory Fee.
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.
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:
Updated: 6/10/2013 by Jolena E.Grider Pack e1t,Pg.798
8.B
2526
The City of San Bernardino permits the retail sale of fireworks in all areas south of the 1-210
Freeway. Licensees and fireworks suppliers are required to pay a regulatory fee, which is set
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.
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 17, 2013, 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 $80,834. The estimated revenue collection this year-is$70,000. It is
estimated that the City's costs will exceed the revenue collected by as much as $10,834.
City Attorney Review:
Supporting Documents:
reso 2526 (PDF)
Exhibit A: 2013 Cost Estimates (PDF)
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� Updated: 6/10/2013 by Jolena E.Grider
Packet Pg. 799
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RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SETTING THE 2013 REGULATORY FEE FOR THE SALE OF
3 FIREWORKS.
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
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by the fireworks company that supplies the product; and Y
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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 o
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11 WHEREAS, the City has prepared a study of the anticipated costs for fireworks
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education, awareness and enforcement for the 2013 season, a copy of which is attached hereto
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as Exhibit"A"and by reference made a part hereof. o
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15 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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
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has determined that the total anticipated costs for the City to provide services to support the N
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19 sale of fireworks for the 2013 season has been calculated at $80,834.
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20 SECTION 2. The Finance Department shall determine the proportion of the E
21 regulatory fee owed to the City based on the licensee's fireworks sales financial statements.
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The regulatory fee charged by the City shall not exceed 10% of the total gross sales of the
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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 2013 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 ,2013,by the following vote,to wit:
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7 Council Members: AYES NAYS ABSTAIN ABSENT
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8 MARQUEZ _..._....._._,..__ `0
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9 JENKINS LL
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10 VALDIVIA o
11 SHORETT
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KELLEY
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14 JOHNSON
15 MCCAMMACK
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17 Georgeann Hanna, City Clerk N
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The foregoing resolution is hereby approved this day of ,2013.
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21 Patrick J. Morris,Mayor
City of San Bernardino a
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23 Approved as to form:
JAMES F. PENMAN,
24 City Attorney
25 By: -�
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Packet Pg.801
8.B.b
Fireworks 2013 Exhibit A
Expenditure Estimates
Fringe Benefits/
Labor/Time Overhead Total
Police Department
July 3 personnel $ 11,145 $ 1,329 $ 12,474
July 4 personnel $ 11,145 $ 1,329 $ 12,474
July 5 personnel $ 11,145 $ 1,329 $ 12,474
July 6 personnel $ 11,145 $ 1,329 $ 12,474
Equipment/vehicles $ 1,872
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Fire Department
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July 2 personnel $ 3,807 $ 601 $ 4,408 -
July 3 personnel $ 2,504 $ 395 $ 2,899 °
July 4 personnel $ 4,500 $ 710 $ 5,210 in
Public Education Officer $ 195 $ 31 $ 225 m
City Clerk's Office L
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Business Registration Representative $ 1,829 $ 757 $ 2,586 0
Business Registration Manager $ 978 $ 451 $ 1,429 ?_+
Materials(postage,printing,stationery) $ 72 °
Public Education
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El Chicano Weekly 2 week ad $ 336
cc
Casa Media Partners Sixty thirty second radio commercials $ 720 N
Press Enterprise June 23 -July 6th $ 1,759
SB Municipal Water Department 40,000 water bill insert mailing cost $ 1,000
Out of the Box-flyers,bill inserts&signs 116,000 flyers;40,000 bill inserts; 100 signs 1 $ 1,200
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Total Service Direct Cost $ 73,612 w
Gen.&Admin. Rate @ 9.81% $ 7,221 0
Total Service Cost $ 80,834 V
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Summary
of 1 Total
Police Department $ 51,768 Q
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Fire Department $ 12,742
City Clerk's Office $ 4,086 w
Public Education Total $ 5,015
Total Service Direct Cost $ 73,612 E
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Gen.&Admin. Rate @ 9.81% $ 7,221
Total Service Cost $ 80,834 Q