HomeMy WebLinkAbout07.B- City Manager 7.B
DOC ID: 3660
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: Allen Parker M/CC Meeting Date: 01/20/2015
Prepared by: Chris Lopez, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
Discuss and Take Possible Action on Fireworks (#3660)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The sale of fireworks in San Bernardino generates approximately $34,000 in sales tax
revenues, $6,800 in business registration licenses, $1,458 in adminisitrative civil penalty
revenues, and $65,679 in fireworks fee revenues. The fireworks fee revenues are used
to offset the costs of enforcing the provisions of the municipal code.
Motion: Discuss and take possible action.
SYNOPSIS OF PREVIOUS COUNCIL ACTION:
June 16, 2014-The Mayor and Common Council adopted Resolution 2014-159 setting
the 2014 Regulatory Fee.
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.
I
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.
Background
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
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campaign, and enforcing the provisions of the Municipal Code.
,Iowa,
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
I 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 7:00 p.m. on
July 1 , as provided for in Section 8.60.095(B) of the Municipal Code.
Fireworks Fee for 2014
The Mayor and Common Council adopted the Fireworks Regulatory Fee for 2014 on
June 16, 2014. Prior to imposing the fee, staff prepares a study of the anticipated costs
associated with education, awareness, and enforcement of the Municipal Code. An
exhibit is provided to the Mayor and Common Council which provides an assessment,
itemized by department, of the costs associated with fireworks sales including the staff
time incurred by the Police Department, Fire Department, City Clerk's Office, and the
public education and outreach component.
The estimated expenditures for enforcement of the municipal code with respect to
(:j
fireworks was $94,998.
The fireworks fee revenues and expenditures for the last five years has been included
for your reference in the attachment. These are the documents presented to the Mayor
and Common Council prior to establishing the Fireworks Fee for each year.
' After Action Report-Police Department
The Police Department deployed personnel from July 2nd-July 5t" to enforce the
municipal code with respect to fireworks. Table 1 summarizes the staffing during this
period.
Table 1
July 2 July 3 July 4 July 5
Sergeant 2 2 2 2
S
Detectiv 4 4 3 4
es
I Officers 12 12 7 7
On the enforcement side, Police personnel confiscated illegal fireworks, issued
' citations, made arrests, and conducted investigations. Table 2 summarizes the
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enforcement activity during this time.
Table 2
Activit Number
Administrative Civil Penalties 29
Fireworks call responses 116
Field Interrogations 42
Traffic Citations 58
Citations (non-traffic) issued 19
Vehicle impounds 24
Misdemeanor warrants 16
Felony warrants 4
Misdemeanor charges 21
Felony charges 9
Firearms seized 2
The Police Department overtime cost for personnel to enforce the provisions of the
municipal code totaled $35,499.
After Action Report-Fire Department
The Fire Department begins its enforcement in May. At this time, a Fire Prevention
Technician is tasked with advertising and public education of the Fireworks Ordinance.
Table 3 summarizes the staffing during this period.
Table 3
May June July July July July July
19- 30 1 2 3 4 5
June
27
Fire Prevention 1
Technician
Fire Prevention 1 4 2 1
Officer
Fire Prevention 1
Supervisor
Arson 5 6 2
Investigators
Dispatchers 4
Over 360 pounds of fireworks were confiscated, and fourteen administrative citations
were issued.
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On July 4'h, the Fire Department responded to 27 calls related to fires. These calls are
summarized in table 4.
Table 4
Fire Type Number
Dumpster/trash 8
Dumpster (caused by 1
fireworks)
Structure (caused by 2
fireworks)
Vegetation (caused by 2
fireworks)
Vegetation 10
Vehicle 1
Tree 3
TOTAL 27
December 16, 2014 LRC Meeting
On December 16, 2014 the Legislative Review Committee met to discuss fireworks. The
committee requested that the City Manager's Office provide sales tax, business
registration, planning/building permit inspection fees, and administrative civil penalty
revenues for San Bernardino. The revenue information is included in the table below.
Item Amount
Sales Tax Revenues $34,000
Business Registration $6,800
Application Fee $1,700
Administrative Civil Penalty $1,458
Fireworks Regulatory Fee $65,679
TOTAL $109,637
Fees for ServiceAmount
Planning and Building Permit $16,436
Inspection Fees
Fire Permit Inspection Fees $4,106
TOTAL $20,542
Fees for Service
Pursuant to the provisions of the California Constitution, and the laws of the State of
California, the City is authorized to adopt and implement fees, rates, and charges for
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services provided that such fees, rates, and charges do not exceed the estimated
reasonable cost of providing those services. The cost for providing these services are
summarized and included in a fee for service study which is set to be updated in 2015.
The study will be sent to the Mayor and Common Council for adoption prior to any new
or updated fees taking effect. The fees for service numbers reflect the cost of personnel
and equipment to conduct the inspections shown in the table above.
January 6, 2015 LRC Meeting
The committee was presented with the revenues shown in the tables above. The
committee recommended this item be sent to the full council and made no
recommendation for the full council to consider.
Supporting Documents:
Fireworks Enforcement Expenditures and Fee Revenues_5Years (PDF)
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Fireworks Enforcement Expenditures and Revenues
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Estimated Fireworks Enforcement Expenditures
$94,998 u_
$100,000 -- _
$90,000 $80,834 a
$80,000 $72,162 $73,722 $71,899
C $69,500 Q
c $70,000
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$50,000 Total Enforcement Estimated a
M $40,000 Expenditures
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W $20,000
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Year c`°c
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Fireworks Fee Revenues
$80,000 - �
$67,233 $65,756 $69,838 $68,126 $65,679
$70,000 LL
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$49,440 N
E $50,000
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