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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 25, 2003
Subject: Appeal of City Clerk's decision
to deny fireworks application submitted
OR I GINA L the CHP Widows & Orphans
MICC Meeting Date: May 5, 2003
From: Rachel G. Clark, City Clerk
Dept: City Clerk
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 CHP
Widows & Orphans
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 CHP Widows & Orphans.
a.~ /6. ~L
'-
Signature
Contact person: C':inrly R"""ht",.. R.." R"'g ~"pvr
Ph"n",' ~?nn
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Accl. No.)
(A"'" n",,,,,rirtinn)
Finance:
Council Notes:
Agenda Item No.
It
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 CHP Widows & Orphans
Background:
Februarv 18, 2003: The Mayor and Common Council adopted Ordinance No. MC-1l38
amending Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks.
Februarv 19, 2003: The attached letter (see Attachment I) was sent to 35 organizations
(including the CHP Widows & Orphans) 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
compames.
March 3 L 2003: A total of 54 organizations submitted applications for fireworks licenses.
April 1-2, 2003: Staffreviewed 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. CHP Widows & Orphans
organization did not provide proof of non-profit status or number of bona fide members, and
their financial statement was incomplete
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 7, 2003: Staff approved 23 ofthe 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 I 0,2003: A letter was sent to those organizations that did not qualify (including CHP
Widows & Orphans) notifying them of the reason(s) they did not qualify and notifying them of
the appeal process. (See Attachment 2).
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.
I
Apri] ]6,2003: Letter (Attachment 4) was sent to the ]8 organizations that participated in the
drawing for nine open stands. The letter stated that the first nine organizations had been
preliminari]y granted the available fireworks stands; however, the drawing was not final due to
the fact that organizations who were rejected might file an appeal.
Apri] 24, 2003: Appea] filed by CHP Widows & Orphans.
The appeal filed by the CHP Widows & Orphans was filed on the grounds that they allege to
have demonstrated that they are a non-profit organization; and that they shed a positive light by
providing for the care and welfare of CHP widows and orphans. It should be noted that their
financial statement was completed and submitted with the appeal.
To be consistent with all organizations and to adhere to the provisions of the revised ordinance,
we had no choice but to advise the CHP Widows and Orphans that they would not qualify for a
fireworks stand since they did not provide their completed financial statement nor provide proof
of non-profit status or sufficiently demonstrate (pursuant to 8.60.030D) that it is organized
primarily for veteran, patriotic, welfare, civic, or socia] betterment, or charitable purposes.
If the City Council grants the appeal, then the CHP Widows and Orphans would be given one of
the 35 permitted stands since they did have a stand in 2002 and would have priority as a
returning organization. This would leave possibly eight openings and bump other organizations
that submitted all of the requisite information in a timely manner and have been included in the
drawing for available licenses.
Financia] 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 CHP Widows and Orphans.
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 CHP Widows and
Orphans.
2
CITY OF SAN BERNARDINO
APPEAL FORM
Office Use Onlv RECEfV' '\Cln C! [iiK Daterrime Stamp:
Copies Distributed To:
o City Attorney 0 City Administrator 'OJ APR 24 P2 :58
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,
COMPLETE ALL ITEMS BELO",: .' .
Appellant
Name: (2 II? WI'.fJ,AJ:5 ..r o-t<-.f71/ JIJ/li>
Address: ~// N~~;r"~ ;Y?d ~/ldIl(UJII"P
Contact Person
Name: .J/;tJ u 4/ /"1/'1/('; - ? /U;/I ce,; 1
Address: ~I W~:>'1?.-vJ
Day Phone: 101- ~13- -I?-'I7 Fax:
Evening Phone: Ui;/ ?.o;f ~t/!",o30V E-mail:
Affected Property Address: /$00 tV ;Y,t9ItV,vO
,
Assessor's Parcel Number (APN #):
Whose Decision Are You Appealing: :11'4~ ,,rz.~P/ru.-r;,, ;::-,tIU.N~:!> o;f() /VIf Aft;('
r~4-np,A;~ 1"b tW4_l"r,tF-r :JP/io.?
Date of that Decision: ~i1 &0-:3-
,
TYPE OF APPEAL - CHECK ONE:
DBoard of Building Commissioners - No Charge DAnimal Control Commission - No Charge
~ayor and Common Council DPolice Commission - No Charge
Planning Commission - Fee Adjusted Annually .gJOther:...u~- /,/lff..u,,4.J. - No Charge
City of San Bernardino _ City Clerk's Office - 300 N, "D" Street - San Bernardino, CA 92418 - (909) 384-5002
To: The Mayor and Common Council:
We are appealing in compliance with the Ordinance regarding fireworks sales
Applications.
Section 8.60.030 License-Application-Public Liability Insurance.
Sub section D.
Copy of various items to prove non-profit status OR DEMONSTRATE THAT IT
IS A NON-PROFIT ORGANIZATION, GROUP, ASSOCIATION, ETC WHICH
IS ORGANIZED PRIMARILY FOR VETARAN, PATRIOTIC, WELFARE,
CIVIC, OR SOCIAL BETTERMENT (INCLUDING PUBLIC OR PRIVATE
SCHOOL CLUBS, GROUPS, ORGANIZATIONS OR SUCH OTHER PUBLIC
OR PRIVATE SCHOOL AFFILIATES, OR CHARITABLE PURPOSES.
OUR GROUP SHOULD QUALIFY AS WE ARE FOR THE WELFARE, CIVIC
AND SOCIAL BETERMENT OF THE COMMUNITY OF SAN BERNARDINO.
OUR GROUP SHEDS A POSITIVE LIGHT ON THE CITY OF SAN
BERNARDINO IN PROVIDING THE CARE AND WELFARE OF CHP
WIDOWS AND ORPHANS.
WE HAVE BEEN OPERATING A STAND FOR THE BETTER PART OF 20
YEARS, AND DUE TO YOUR RESTRICTIONS ON LOCATIONS WE WILL BE
SEVERLY HURT BY MOVING TO A ALTERNATE LOCATION, WHICH THE
COMPANY HAS SECURED FOR US.
ON APRIL 7, 2003 IT WAS OUR UNDERSTANDING THAT THE CITY
COUNCIL VOTED 5-2 TO ALLOW THE CHP AND POLICE FROM THE
UNIFIED SCHOOL DISTRICT AND CAL STATE SAN BERNARDINO TO
ASSIST IN ENFORCING THE CITYS MUNICIPAL CODE. N.L u> 0
ENCLOSED IS A PRELIMINARY FINANCIAL STATEMENT ALONG WITH
THE NUMBER OF MEMBERS OF OUR GROUP.
to/$K-
y~t6 MJ(-;?/1dP7- f?1U'.p~
CITY OF SAN BERNARDINO
Preliminary Fireworks Financial Statement for Year -;2.t9b :7
City Clerk's Offi~e "
300 N. ';D" Street 2"Fj!l';~
Sa!l Bernardin!l, CA 92..i~
(909) 384-5302 .,. /~,~
www.sb~ity.orgf ,.
Total Estimated Expenses:
$
06t?
Organization: (If joint venture, please listriames.ofboth organizations)
'/- 4:J Po j 'A/J j::'Hv'P
Stand Location:
lo~
Fireworks Supplier:
Total Estimated Sales of Fireworks:
$
~
Total Estimated Profit:
$
tJ6c)
Please list the projects or activities detailed in the Board minutes, and indicate what sites, population, or projects
within the City will benefit (attach additional sheets as needed). In addition, indicate how much of the profit
realized from the sale of fireworks will be allocated to each project or activity:
1. ,?~
a~!J
Allocation: $
?.o %
2. td
~~ .o,v~ ;: u;v.
Allocation: $
:b%
3.
Allocation: $
%
4.
Allocation: $
%
5. Allocation: $ %
The undersigned acknowledges that this is a factual representation of the intent of this non-profit organization
related to the proceeds of fireworks sales.
~ Co ';(/,,/L
e 0 Authorized Re resentative Title
/!,(/J> ~
7
CITY OF SAN BERNARDINO
APPLICATION FOR LICENSE TO SELL SAFE AND SANE FIREWORKS
MUNICIPAL CODE 8.60
City C1er~'s Office
300 N. "D" Str~et. 2"d F1~~r
San Bernardin~. CA 92418,
(909) 384-5302
www.sbcity.~rg
Nanieofor~lUtizllti~~:'. ,:$t~~"I1d~
4llPl1JilJl~ r'-'d/Zi'HA,vs'
Date Organizatio/9;:~ in City of San Bernardino:
Location of Fireworks Stand:
/J"b(} CO l./u;(/4,o/f)
Organization's Responsible P~rty: I Address:
.6ek.. h1!M,tn,. /i7"~ w",M-rJ ~I
Addres~ of organization if different from above:
.~A,n6
Name of fireworks supplier:
4"~r /'JIJL. "I,.l.-!.
Co-Applicant, if applicahle (attach separat~ applicatIon):
",
I Numbz,1,bona fide members:
(.,.Jt<~/G4J
I Te~p;;n:~).- '-J'7
Does any outside organization, person, fInn, company or concern have any interest in said sale or share of the proceeds?
I Telephone #: /' a Ur/'7
S't%J- .)}J ~/ (l<
IW
License to be issued upon compliance with Development Services and Fire Department regulations and special inspection pennit 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.
,K;cL il_ .-11:-
SifEnatufe of Auth:Oriud Re"resentative '
~ tA"/12-
Title '
/)"
j/,,-,?d:F &'I
" --c;print Name '
,t~ ,~
, · DJ(e
This application will not be considered unless it includes the following no later than the specified dates:
(Business License staff initial when complete)
N~ later than March 31
Official verification of organization's non.profit status
Copy of official Board minutes detailing the intent and authorization to sell fireworks; and detailing what sites, populations, or projects will benefit and for
what numose
Preliminary financial statement form describing anticipated expenses and profits, and detailing what monies will be provided to the projects listed in the
official Board minutes
Written permission from the property o\...ner acknowledging his/her permission to place a fireworks stand on his/her property (must clearly state name and
address of orooertv owner)
Plot sketch of fireworks stand and location
S50 Application fee and $200 License fee payable to the City of San Bernardino
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
desimlatim~ the same as the additional insured
State Fire Marshal's permit
Temporary permit from State Board of Equalization
Clean-up lee of $300 payable to the City of San Bemardino
Completed applications must be returned to the City Clerk's Office,
300 N. "D" Street, 2nd Floor, between March I and March 31 of the calendar year.
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
'"
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-I138, 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 3 I of each year.
Organizations that fail to submit this report will forfeit their participation the following
year.
CiTY OF SAN BERNARDINO
O;x;~ (
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. . CITY CLERK
BUSINESS REGISTRATION DIYISION
P.O. Box 1318. San Bernardino' CA 92402
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5302' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
"
April 1 0, 2003
CHP Widows & Orphans
2211 Western
San Bernardino, CA 92411
Attn: Rocky Hamilton
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):
. Proof of non-profit status not submitted. (SBMC 8.60.030D)
. Preliminary Fireworks Financial Statement not complete (SBMC 8.60.030F)
. Number ofbona fide members not submitted. (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 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,
(). :!JLUCI h-tll
Cindy Buechter
Business Registration Supervisor
/laa uhnU'J :L
L-
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Oignity . 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
(J--:-r:- . , .- "2
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - Crry CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.lis
~~,'
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 of the 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 I, 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,
,
~)(<'( (i) //7./ I
Cindy Buechter
Business Registration Supervisor
CITY OF SAN BERNARDINO
~~1
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_. .~_ TI.._.,_ n:~~:... A U"...",<"t..
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. .. Crrv CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
w
May 8, 2003
Dale Witham
CHP Widows & Orphans
2211 Western Avenue
San Bernardino, CA 92411
Dear Mr. Witham:
Pursuant to Section 8.60.040 of the 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 CHP Widows & Orphans:
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 CHP Widows & Orphans.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
f----:) .J-I. Cj-<v'vk
V~-t.L_L >.1
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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