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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Clerk
Date: April 23, 2003 0 RIG I N A L
Subject: Appeal of City Clerk's decision
to deny fireworks application submitted
by The Gathering Place Church
From: Rachel G. Clark, City Clerk
MICC Meeting Date: May 5, 2003
Synopsis of Previous Council Action:
2/18/03: Ordinance No. MC-1138 was adopted amending Chapter 8.60 of the San
Bernardino Municipal Code Relating to Fireworks.
Recommended Motion:
#1: That the hearing be closed, and that the Mayor and Common Council uphold the
City Clerk's decision to deny the fireworks application submitted by The
Gathering Place Church
OR
#2: That the hearing be closed, that the Mayor and Common Council grant the
appeal; and that the City Clerk's Office accept the fireworks application submitted
by The Gathering Place Church.
Q"~ h. ~~
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Signature
Contact person: ~intiy RII""ht",r. RIlCO R"'9 ~lIpvr
phnn",' ~?nn
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
{A~r.t np~r.rirtinn}
Finance:
Council Notes:
Agenda Item No.
lto
5/5//)3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report - Page one of two
Submitted by: City Clerk's Office
Council Meeting of May 5,2003
Subject:
Appeal of City Clerk's decision to deny fireworks application submitted by
The Gathering Place Church
Background:
Februarv 18. 2003: The Mayor and Common Council adopted Ordinance No. MC-I138
amending Chapter 8.60 ofthe San Bernardino Municipal Code relating to fireworks.
Februarv 19. 2003: The attached letter (see Attachment 1) was sent to 35 organizations
(including The Gathering Place Church) notifying them of the changes to the fireworks
ordinance and advising them of deadline to submit applications for a license to sell fireworks.
Copies of the letter and attachments were also provided to the representatives of the fireworks
companIes.
March 3 L 2003: A total of 54 organizations submitted applications for fireworks licenses.
April 1-2. 2003: Staff reviewed each application to ensure that the required information was
submitted. Several phone calls were made to organizations that submitted incomplete
applications asking them to provide missing information by April 4.
April 3. 2003: Stafffrom the City Clerk's Office, Fire Department, and the Mayor's Office
reviewed the applications. There were several organizations that submitted incomplete
applications or did not appear to meet the prerequisites. Staff continued to contact organizations
that did not file complete applications.
April? 2003: Staff approved 23 of the returning organizations and eventually approved three
more organizations once they filed completed information. With the approval of26 fireworks
licenses, that left nine open slots for the drawing.
April 10. 2003: A letter was sent to those organizations that did not qualify notifying them of the
reason(s) they did not qualify and notifying them of the appeal process. (See Attachment 2).
The Gathering Place Church was denied because they did not meet requirements of Ordinance
No. MC-I138, Section 8.60.050 B, requiring applicants to have its principal and permanent
meeting place in the corporate limits of the City.
April 14.2003: Drawing took place in the City Clerk's Office for the nine open slots. The
drawing results are attached as Attachment 3.
1
April 15. 2003: Appeal filed by The Gathering Place Church.
April 16. 2003: Letter (Attachment 4) was sent to the 18 organizations that participated in the
drawing for nine open stands. The letter stated that the first nine organizations had been
preliminarily granted the available fireworks stands; however, the drawing was not final due to
the fact that organizations who were rejected might file an appeal.
The Gathering Place Church's appeal was filed on the grounds that they have sold fireworks in
the city for 16 years. The church existed in the City for 22 years. Three years ago they relocated
the Church to their present location at 584 W. 40th Street which is in a County pocket.
Section 8.60.050 of Ordinance No. MC-1138 states that all qualified applicants who held a
license during 2002 shall have priority for the available licenses in 2003. It was only as a result
of the changes to the fireworks ordinance that the City Clerk's Office became aware of the fact
that The Gathering Place Church should not have been permitted to operate a fireworks stand for
the past two years since they are not located within the corporate limits of the City. To be
consistent with all organizations and to adhere to the provisions of the revised ordinance, we had
no choice but to advise the Church that they would not qualify for a fireworks stand if they were
outside of the City limits.
While staffrecognizes the many valid points raised by the applicant's appeal, we believe that
overturning the decision by the City Clerk's Office would open up pandora's box by allowing
out of city organizations to participate. As noted above, the drawing has already taken place and
the first nine organizations identified in Attachment 3 are anticipating having a fireworks stand.
If the City Council grants the appeal, then The Gathering Place Church would be given one of
the 35 permitted stands thereby leaving only eight openings. As a result, the Church of God of
Prophecy, listed as the ninth organization on Attachment 3, would be bumped thereby possibly
eliminating them from having a fireworks stand this year. It should be noted that Church of
God of Prophecy met all of the requirements set forth in Ordinance No. MC-I138.
Financial Impact:
None
Recommendation:
That the hearing be closed; and that the Mayor and Common Council uphold the City Clerk's
decision to deny the fireworks application submitted by The Gathering Place Church.
OR
That the hearing be closed; that the Mayor and Common Council grant the appeal, and that the
City Clerk's Office accept the fireworks application submitted by The Gathering Place Church.
2
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CITY OF SAN BERNARDINO l~-J
APPEAL FORM-:::tv^0 \~ ~
RECElvr" -cln Cl FijK \-\'
Office Use Only . Daterrime Stamp:
Copies Distributed To: '03 APR 15
GJ City Attorney ~<;:ity Administrator P3 :11
Date: 1-/-/5 b
IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of
Building Commissioners (BBe) and Animal Control Commission must be filed in the City
Clerk's Office.
COMPLETE ALL ITEMS BELOW:" .....
Appellant
Name: The (-cd he,- Ir;s P IMe' (I) ,,,-el,
Address: 53~1 lV, '-10 fh 5+ r; , ,3 . (4 02407
Contact Person
Name: ?,(l :>toc Leu'!',:! A. Le/,,>.
Address: I fc ')'1 ."Jhf',',dc,'l
Day Phone: 21:2. l3GO Fax: Jg 2 . &- ~ 3<'
Evening Phone: gS7- <('C.7L' E-mail:
Affected Property Address: 5 'PI LL/. LID fl,. ~') 1 ' ~t"'1""" Bdnc
Assessor's Parcel Number (APN #):
Whose Decision Are You Appealing: f'vlc'lf or { LC1rf/n,(i(l ('0 uru; i I
Date of that Decision: ~ f'f'fl\fI1J':>t:," 'j}-....ft. ,+ .....)cD 0::(..(01 r.J1 flu: nfi..i /)'",,-)/('00",.- \
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TYPE OF APPEAL - CHECK ONE:
DBoard of Building Commissioners - No Charge DAnimal Control Commission - No Charge
~Mayor and Common Council. DPolice Commission - No Charge
DPlanning Commission - Fee Adjusted Annually DOther: - No Charge
City of San Bernardino _ City Clerk's Office - 300 N. "D" Street - San Bernardino, CA 92418 - (909) 384-5002
-"
A VALID APP~AL l\1UstJN~VJ)E,(l'aE~6t:LOWING .
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. . INFORMATION"(SlJllO:t~64): .'
L The action appealed:
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2, The grounds for appeal:'
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3, The actiones) sought:
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4, Any additional information:
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Signature of Appellant: 11 /j;, Date: 1/- Ie; -[3
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April 15, 2003
Grounds for Appeal
We have been selling Fireworks Safely in this city for 16 years, Our church has existed in the
city for 22 years, 19 of those years we have been located in the city limits at 5376 Revere Ave, Three
years ago we relocated to our present location at 584 W, 40th St and had no ideal that we were in the
county until that move, The entire frontage of our property touches the city, The entire east boundaries
of our property touches the city, This property should have been incorporated into the city long ago,
We have been here for three years now and have been issued a permit to sell fireworks over the
past two years, We have complied to everything required of us, 100% of every penny we make goes
back into the city of San Bernardino, Through the many community programs we furnish! We have no
other fundraisers that can generate the kind of money we make to benefit these programs, We are a legal
501-C3 Corporation, The congregants of our church (90%) live in the city limits of San Bernardino, We
have regular bible studies and fellowships that meet in homes located in the city limits, 2708 N, "I"
Street, SB 92405 . 1699 Sheridan Rd SB 92407 . 1077 E 29th St SB 92404 . 3108 N,
Arrowhead Ave, SB 92405, There are also more than twenty people that meet in these locations
regularly, In addition to these, part of a youth mentoring program that we do weekly with The Turning
Point Development Center, we meet in homes that are also located in the city limits of San Bernardino
2532 Periwinkle Dr. SB 92407, 5088 Citidel Ave, SB 92407
We weekly have Food Distribution to needy families in the city ofS,B, and are currently serving
about 100 families a week. We have a computer lab and will be teaching computer literacy by this
summer. We have already been approved and licensed by the county to operate a Soup Kitchen, which
will also be available late this summer. I regularly attend the VBI workshops at the S,B, Police
Department, conducted by Gerry Arce, I am a member of the S,B, Cops & Clergy, Our church has
always had and will always have a vision for this~! I am a life long resident of the city of San
Bernardino, My name is listed as chairman of the board for our fireworks booth, The government
doesn't require our ELN, number for tax purposes, they require my S,S, number, [ftaxes were not paid
on our proceeds I personally am responsible,
We also pay city water & storm drain and power surcharge fees, We may only touch the city with
our legal boundaries but we are touching this city with our hearts, I feel [ have stated my case and our
cause we, 'd hereby ask for a reversal in your decision,
,,/;7
Pastor La
, ------
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.lis
'"
February 19,2003
<<Contact First Name>> (<Contact Last Name>>
- -
<(Company>>
<(Address>>
<(City'>' <<State>> <<Postal Code>>
Dear Fireworks Organization,
At the February 18,2003 meeting of the Mayor and Council of the City of San
Bernardino, the City Council approved the final reading of Ordinance No. MC-1138, a
copy of which is attached for your reference. The Ordinance will take effect March 21,
2003, and affects all organizations that are currently authorized to operate a fireworks
stand in the City of San Bernardino. I suggest that your Board and members read the new
ordinance and be fully aware of the changes that have been enacted. Key points of the
ordinance are summarized as follows:
. The boundaries have been changed and safe and sane fireworks can no longer be sold or
discharged north of the 210/30 freeway. Organizations with locations north of the 210/30
freeway will have to find another site for their stand. A map showing new boundaries is
enclosed.
. A non-refundable fee of $50 has been added to cover the administrative costs of
processing applications.
. Organizations must provide proof of their non-profit status.
. Organizations must provide minutes of their meeting wherein the organization details
projects that will be funded with proceeds from fireworks sales and how the projects will
benefit the community.
. Organizations must provide a preliminary financial statement describing anticipated
revenues, expenses, and profits, and how the monies will be distributed. No less than
90% of the net profits shall be utilized for the direct advancement of the applicant's
stated non-profit purposes within the City of San Bernardino.
. Each organization must operate within the city limits of San Bernardino. Priority will be
given to returning qualified organizations that operated a stand in 2002.
. Each organization will be required to submit a financial report by August 31 of each year.
Organizations that fail to submit this report will forfeit their participation the following
year.
CITY m- SAN BERNARDINO
CJ.IL~ ,
February 19,2003
Page two
Application for a license to sell fireworks must be submitted to the City Clerk's Office
between March I and March 31, 2003. If you plan to apply for a license this year, please
refer to page three of the attached ordinance to ensure that your organization fully
complies with the new requirements. Forms required of each organization are also
enclosed. If an organization would like to joint venture with another non-profit
organization, the application must indicate that it is a joint venture. Each organization in
a joint venture will be required to comply with the new requirements.
If you have any questions, please call either Mrs. Cynthia Buechter, Business
Registration Supervisor, at 384-5306, or Mrs. Peggi Hazlett, Assistant to the Mayor, at
384-5133.
Thank you for your cooperation in adhering to the new provisions of the fireworks
ordinance.
Sincerely,
Rachel G. Clark, CMC
City Clerk
Enclosures
Cc: Mark Gassman, American Promotional Events, Inc.
Dave Guccione, American Promotional Events, Inc.
Bill , Blockbuster Fireworks of California, Inc.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITV CLERK
BUSINESS REGISTRATION DmSION
P.O. Box 1318. San Bernardino. CA92402
300 North uD" Street. San Bernardino. CA 92418-0001
909.384.5302. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
'"
April 10, 2003
The Gathering Place Church
584 W. 40th St.
San Bernardino, CA 92407
Dear Fireworks Stand Applicant:
The City Clerk's Office has reviewed your group's application to operate a fireworks
stand in the City of San Bernardino for 2003. 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):
. The principal and permanent meeting place for your organization is not within the
corporate limits of the City. (SBMC 8.60.050)
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 completed and received in the City Clerk's Office no later than 4:30 p.m.
April 25. 2003.
If you have any questions, please do not hesitate to call our office at (909) 384-5036.
Sincerely,
c 0t UO/n-cI
Cindy Buechter
Business Registration Supervisor
CITY OF SAN BERNARPINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
RESULTS OF 2003
FIREWORKS DRAWING
(IN ORDER)
1. Arroyo Valley High School Athletics
2. St Paul AME Church
3. Fund Our Kids Future
4. Calvary Baptist Church
5. First Samoan Assembly of God
6. St Bernardine's Church
7. Wildwood Little League District 43
8. Praise Tabernacle
9. Church of God of Prophecy
10. Rolling Start
11. San Bernardino Count 4 H
12. Cornerstone Christian Fellowship
13.Jr. All American/North S.B Cowboys
14. New Life Fellowship Day Harvest Ministries
15. Victory Resource Center
16. Holy Land Community Center
17. Judson Baptist Church
18. Boys & Girls Club
nTT: ^I ., ":{'
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "DB Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
o~,'
April 16, 2003
Dear Fireworks Stand Drawing Applicant:
Thank you for applying for a City of San Bernardino fireworks stand for 2003. This year there
were a total of nine vacancies for fireworks stands. A lottery for the available stands took place
on Monday, April 14, 2003 in the City Clerk's Office. The following organizations (shown in
order drawn) have preliminarily been granted the available firework stands:
1. Arroyo Valley High School Athletics
2. Saint Paul AME Church
3. Fund Our Kids Future
4. Calvary Baptist Church
5. First Samoan Assembly of God
6. St. Bernardine's Church
7. Wildwood Little League District 43
8. Praise Tabernacle
9. Church of God of Prophecy
As previously stated, the drawing is preliminary and not final due to the fact that any
organization whose 2003 fireworks stand application had been rejected, has a right to appeal that
decision to the Mayor and Common Council per SBMC Section 2.64. Once the appeal process
has been exhausted, our office will confirm the standing of all groups that participated in the
lottery and notify each group ofthe final result.
Attached you will find a list showing all organizations in the order they were drawn in the lottery.
This list will be used in the event any of the approved organizations drop out before June 15,
2003 or if any of the appeals are granted.
If your group was not drawn for a stand this year, you are invited to submit an application for the
2004 fireworks stand drawing in the event there are any openings next year. Those applications
must be submitted to the City Clerk's Office between March 1,2004 and March 31, 2004 to be
considered for the drawing.
If you have any questions, please feel free to contact our office at (909) 384-5036.
Sincerely,
-.
. . ;1(.
~)t,( (/'~.'_ .r'J
Cindy Buechter
Business Registration Supervisor
CiTY OF SAN BERNARDINO
~~1
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "DO> Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
S'.'
May 8, 2003
Pastor Larry A. Lee
The Gathering Place Church
584 W. 40th Street
San Bernardino, CA 92407
Dear Pastor Lee:
Pursuant to Section 8.60.040 ofthe San Bernardino Municipal Code, this is to inform you
that at the meeting of the Mayor and Common Council held on May 5, 2003, the
following action was taken relative to the appeal hearing regarding the City Clerk's
decision to deny the fireworks application submitted by The Gathering Place Church:
That the hearing be closed; and that the Mayor and Common Council
uphold the City Clerk's decision to deny the fireworks application
submitted by The Gathering Place Church.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
n i . ~J C' /
i,.../~~~~,",'Io_'-L",J .ucL.R
Rachel G. Clark, CMC
City Clerk
CC: City Attorney's Office
Cindy Buechter, Business Registration Supervisor
File
CITY OF SAN BERNARDINO
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