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DOC ID: 3578
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: James Mulvihill M/CC Meeting Date: 11/17/2014
Prepared by: Cheryl Weeks, (909) 384-
5188
Dept: Council Office Ward(s): All
Subject:
Refer the Item of Fireworks to the Appropriate Council Committee for Discussion
(#3578)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion 1 : Refer the item of Fireworks to the Legislative Review Committee
or
Motion 2: Refer the item of Fireworks to the Ways and Means Committee.
SYNOPSIS OF PREVIOUS COUNCIL ACTION:
June 16, 2014- The Mayor and Common Council adopted resolution 2014-160 setting
the 2014 Regulatory Fee.
June 4, 2014- The Ways and Means Committee recommended that this item be
forwarded to the June 16, 2014 Mayor and Common Council Meeting.
June 17, 2013- The Mayor and Common Council adopted Urgency Ordinance MC-1390
amending San Bernardino Municipal Code Section 8.60.095 regarding regulatory fees
for the sale of fireworks.
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
A0`` the 2010 Regulatory Fee.
BACKGROUND
Updated: 11/13/2014 by Chris Lopez Packet Pg. 392
7.0
3578
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, a fireworks safety
awareness campaign, and enforcing the provisions of the Municipal Code.
Prior to establishing the 2014 regulatory fee, staff from the City Manager's Office
brought the item to the Ways and Means Committee for discussion. The Ways and
Means Committee requested that 5 years of expenditure and revenue data be included
in the staff report to be presented at the June 16, 2014 meeting of the Mayor and
Common Council. The Committee also requested that staff prepare a report that
detailed actual costs of the enforcement activities of the Police and Fire Departments
after the July 4th holiday.
Staff recommended waiting a few months since nonprofits are required to submit their
fee to the City no later than August 31. The extra time would allow staff to have a more
complete picture of the fees collected, and work through any issues with nonprofits with
respect to their documentation.
At the June 16, 2014 meeting of the Mayor and Common Council, the Mayor and
Common Council adopted Resolution 2014-160 setting the 2014 Fireworks Regulatory
Fee.
At the July 8, 2014 meeting g
in of the Legislative Review Committee, the Council office
placed a Fireworks Ordinance on the agenda for discussion. The Committee requested
the same type of information that the Ways and Means Committee had requested a
month prior. The City Attorneys Office then advised the Committee and staff that this
item would have to go back to the full council prior to discussion at the committee level.
The full council would have to determine which committee would hear this item to avoid
any potential Brown Act violations.
The item before the Mayor and Common Council would refer the item to either the
Legislative Review Committee or Ways and Means Committee for discussion.
Supporting Documents:
Updated: 11/13/2014 by Chris Lopez Packet Pg. 393