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ORIG!NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Prepared by: Catherine Pritchett,
Management Analyst I
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino setting the 2009 regulatory fee
for the sale of fireworks and amending
Resolution 2009-122.
From: Charles McNeely, City Manager
Dept: City Manager's Office
Date June nnd, 2009
Meeting Date: June 29th, 2009
Synopsis of Previous Council Action
6/15/2009 ~ The Mayor and Common Council adopted am Urgency Ordinance amending San
Bernardino Municipal Code Section 8.60.095 regarding regulatory fees for the
sale of fireworks.
Recommended Motion:
~ ~-/ L~
Signature J
Adopt Resolution
Contact person: Catherine Pritchett, Management Analyst I
Phone: 384-5122
Supporting data attached: Staff Report, Resolution,
Attachments
Ward: All
FUNDING REQUIREMENTS:
No cost to the City
Source:
Finance:
Council Notes:
Ksc 2009.- /74
Agenda Item No. 'I
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino setting the 2009
regulatory fee for the sale of fireworks and amending Resolution 2009-122.
Background:
On June 1,2009, the Mayor and Common Council discussed the regulatory fee imposed on all
fireworks sales in the city. It was the intent of the Council to reduce the amount offees that non-
profits are required to pay to the City for the operation of a fireworks booth, while also
enforcing laws and providing sufficient firework safety information to protect the health and
safety of the citizens of the city.
On June 15,2009, the Mayor and Common Council adopted an Urgency Ordinance amending
Section 8.60.095 of the San Bernardino Municipal Code. The ordinance now requires half of the
regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks
company that supplies the product. Prior to imposing the regulatory fee, the City is required to
prepare a study of the anticipated costs associated with fireworks education, awareness, and
enforcement, including extra personnel time for inspection and enforcement. The Police
Department, Fire Department and City Clerks' Office have assessed the costs associated with
fireworks sales; the analysis is attached as Exhibit A. The total anticipated costs for the City to
provide services to support the sale of fireworks for the 2009 season has been calculated at
$69,500.
Master Fee Resolution 2009-122 is also being amended to be consistent with Municipal Code
Section 8.60.095 regarding the need for an annual resolution setting the regulatory fee.
The Finance Department shall determine the amount of the regulatory fee owed to the City
based on the licensee's fireworks sales financial statements. The regulatory fee charged by the
City shall not exceed 10% of the total gross sales of the fireworks sold in the City by the
licensee. After determining the amount owed, the Finance Department will invoice 50% of the
fee to the licensee and 50% of the fee to the fireworks provider.
This issue has been referred to the Ways and Means Committee for further review and
discussion for next year.
Financial Impact:
None
Recommendation:
Adopt Resolution.
t:r ~ -rrr f<t11f~
Cost Analysis Worksheet
Department/Division Fund Account User Fee Description Date
City Clerk/Business Registration 4/21/2009
Description of service, demand, subsidy, and other comments:
Cost analysis for the processing of firework applications by the City Clerk's Office, Business Registration Division
Personnel Costs
Straight Time Fringe Total Direct Dept. or Div. Total Burdened Hours by Total Labor
Labor Benefits Labor Cost Overhead Labor CosUHr. osition per Unit Cost per
21.77 6.53 28.30 2.83 31.13 44 1369.72
39.61 11.88 51.49 5.149 56.64 4 226.56
0 0.00 0.00
0 0.00 0.00
0 0.00
0 0.00
0 0.00
Total Burdened Personnel Costs per Unit of Service: 1596.28
Position
Sr. BR Representative
BR Mana er
Material & Rental Costs
Description Cost Each antity Required Unit Cost
Postaae - Reaular 0.43 40 172
Postane Certified Appeal Urs 5.25 5 26.25
Total Other costs per Unit of Service: 43.45
Other Costs (Eauipment, facilit rental, part-time labor wlo benefits
Description Cost Each antity Required Unit Cost
Total Other costs per Unit of Service:
Jurisdiction
Fee per Unit
More (Less) than S.B.
Dollars percentaae
Tolal Service CostlUnit
ComDarisons to ProDosed Fee
Recommended Fee
Recommended Fee Subsidy
Current Fee Amount
Fee Increase {Decrease) 0 on
1816.00
2009 Police Department Fireworks Detail Budget
Sergeant per day (9 hrs.) = $ 761.08
$ 712.08 Salary
$ 46.00 Unit
$ 3.00 HT
Team per Day (9 hrs.) = $1,143.70
$1 ,091.70 Salary
$46.00 Unit
$6.00 HTs (2)
July 2, Thursday
2 Sergeants =
9 Teams =
TOTAL
$1,522
$10.293
$11,815
July 3, Friday
2 Sergeants=
10 Teams=
TOTAL
$1,522
$11.437
$12,959
July 4, Saturday
2 Sergeants=
10 T eams=
TOTAL
$1,522
$11.437
$12,959
-,
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AJt~~ -fir- eJ.--P1/~
$38,000.00
Pr ~ -{iy fb-f1.fY~
Fireworks 2009 - Anticipated Costs
Straight Time Fringe Total Direct Dept. or Div.
labor Benefits Labor Cost Overhead Total
Fire department:
July 1 personnel and equipment 351 105 456 46 501.93
July 2 personnel and equipment 1,673 502 2,175 217 2,392.10
July 3 personnel and equipment 2,833 850 3,683 368 4,051.50
July 4 personnel and equipment 3,431 1,029 4,460 446 49
Public Education Officer 0 0
TOTAL Fire
Public Education/Other Costs
General Public Education:
Water bill inserts
School flyers
4th of July posters/flyers
Radio ads - Clear Channel
Radio ads - KCXX 103.9
58 Sun ad
Pennysaver ad
La Presna- ad
Press Enterprise-ad
TOTAL
6/23/2009
1,000.00
-
2,670.46
3,500.00
2,980.00
1,478.00
1,003.60
480.00
~::v
1./ ./ 720.00
~ 14,177.06
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t(QJrv
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE 2009 REGULATORY FEE FOR THE SALE OF
FIREWORKS AND AMENDING RESOLUTION 2009-122.
WHEREAS, on June 15,2009, the Mayor and Common Council adopted an urgency
ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of
the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the
fireworks company that supplies the product; and
WHEREAS, prior to imposing the fee, the City is required to prepare an annual study
of the anticipated costs associated with fireworks education, awareness, and enforcement; and
WHEREAS, the City has prepared a study of the anticipated costs for fireworks
education, awareness and enforcement for the 2009 season, a copy of this study is attached
hereto as Exhibit "A" and by reference made a part here of.
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June 25,2009
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE 2009 REGULATORY FEE FOR THE SALE OF
FIREWORKS AND AMENDING RESOLUTION 2009-122.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San Bernardino has
determined that the total anticipated costs for the City to provide services to support the sale of
fireworks for the 2009 season has been calculated at $69,500.
SECTION 2. The Finance Department shall determine the proportion of the
regulatory fee owed to the City based on the licensee's fireworks sales financial statements.
The regulatory fee charged by the City shall not exceed 10% of the total gross sales of the
fireworks sold in the city by the licensee.
SECTION 3. This fee shall take effect upon the adoption of this resolution.
SECTION 4. Resolution 2009-122 shall be amended to read as follows:
"Part XIII: Miscellaneous fees
SECTION 2. A fireworks regulatory fee is hereby established pursuant to Section
8.60.095 of the San Bernardino Municipal Code. The fee shall be set annually by a separate
resolution."
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June 22, 2009
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE 2009 REGULATORY FEE FOR THE SALE OF
FIREWORKS AND AMENDING RESOLUTION 2009-122.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2009 by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to
form:
SF. PENMAN,
Ity Attorney
June 22, 2009
Fireworks 2009
Anticipated Costs
STUDY
City Manager's Office
5/18/09
I
I 2009 Est. Total
Police department:' $ 38,000
Fire department: $ 11 ,900
City Clerk's Office $ 1,600
Public Education Total: $ 14,200
Total Service Direct Cost, $ 65,700
i
Gen. & Admin. Rate@!9.81% $ 3,800
,
Total Service Costi $ 69,500
"Exhibit A"
2009 Police Department Fireworks Detail Budget
$38,000.00
Sergeant per day (9 hrs.) = $ 761.08
$ 712.08 Salary
$ 46.00 Unit
$ 3.00 HT
Team per Day (9 hrs.) = $1,143.70
$1,091.70 Salary
$46.00 Unit
$6.00 HTs (2)
July 2, Thursday
2 Sergeants =
9 Teams =
TOTAL
July 3, Friday
2 Sergeants=
10 Teams=
TOTAL
July 4, Saturday
2 Sergeants=
10 Teams=
TOTAL
$1,522
$10.293
$11,815
$1,522
$11.437
$12,959
$1,522
$11.437
$12,959
.----.--...
,,-:- "
PAGE 2
Fireworks 2009 - Anticipated Costs
Straight Time Fringe Total Direct Dept or Div.
Labor Benefits Labor Coat Overhead Total
Fire department
July 1 personnel and equipment 351 105 456 46 501.93
July 2 personnel and equipment 1,673 502 2,175 217 2,392.10
July 3 personnel and equipment 2,833 850 3,683 368 4,051.50
July 4 personnel and equipment 3,431 1,029 4,460 446 4
Public Education Officer 0 0
TOTAL Fire
Public Education/Other Costs
General Public Education:
Water bill inserts
Schoolllyers
4th of July posterslflyers
Radio ads - Clear Channel
Radio ads - KCXX 103.9
58 Sun ad
Pennysaver ad
La Presna- ad
Press Enterprise-ad
TOTAL
6/23/2009
1,000,00
-
2,670.46
3,500.00
2,980.00
1,478,00
1,003.60
460.00
~~
././ 720,00
(~ 14,177.06
PAGE 3
Cost Analysis Worksheet
Department/Division Fund Account User Fee Description Date
City Clerk/Business Registration 4/21/2009
Description of service. demand, subsidy, and other comments:
Cost analysis for the processing of firework applications by the City Clerk's Office, Business Registration Division
Personnel Costs .......... ....::.....:.;,.,." """,>"'laber, RIdes'.,:,:"';'., f". ",' ,:
Straight Time Fringe Total Direct Dept or Div. Total Burden", Hours by Totallabo
Position Labo Benefits Labor Cost Overhead Labor CoatfHr. osition per Un" Costpe
Sr. BR Representative 21.77 6,53 28.30 2,83 31,13 44 1369,72
BR ManaQer 39,61 11.88 51.49 5.149 56,64 4 226.56
0 0.00 0.00
. 0 0.00 0.00
0 0.00
0 0.00
0 0.00
Total Burdened Personnel Costs per Unit of Service: 1596.28
Material & Rental Costs
Desaiption Cost Each entity Required Unit Cost
Postaae - Reoular 0.43 40 17.2
PostaQe Certified Appeal Ltrs 5.25 5 26.25
Total Other costs per Unn of Service: 43.45
Other Costs (Equipment, facllit rental, part-time labor wlo benefits
Description Cost Each antity Required Unit Cost
Total Other costs per Unit of Service:
c
P
ompansons to roposed Fee
More CLess) than S.B.
Jurisdiction Fee Der Unit Dollars Percentaae
PAGE 4
City-Wide
Recommended Fee
181600
Recommended Fee Subsidy
CUIT8I'ltF..Amounl:
Fee Imuse (Decrease) n nn