HomeMy WebLinkAbout02.A- City Manager 2.A
DOC ID: 3908
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 06/30/2015
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Setting the
2015 Regulatory Fee for the Sale of Fireworks. (#3908)
Current Business Registration Certificate:
Financial Impact:
The regulatory fee revenue for this season is estimated to be $65,679. This revenue will
be used to offset the City's costs for enforcement of the Municipal Code.
Motion: Adopt the Resolution.
SYNOPSIS OF PREVIOUS COUNCIL ACTION:
January 20, 2015- The Mayor and Common Council continued the item.
June 16, 2014- The Mayor and Common Council adopted Resolution 2014-160 setting
the 2014 Regulatory Fee.
ww
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
the 2010 Regulatory Fee.
BACKGROUND
Updated: 6/29/2015 by Linda Sutherland Packet Pg. 5
3908
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
campaign, and enforcing the provisions of the Municipal Code.
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
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.
Each year, prior to imposing a fee, staff prepares a study (Exhibit A) of the anticipated
costs associated with education, awareness, and enforcement of the Municipal Code.
Exhibit A 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
total estimated cost associated with sale of fireworks in the City is $81,740. The
estimated revenue collection this year is $65,679. The fee cannot exceed more than
12% and it also cannot exceed the city's actual costs. It is anticipated that the costs
associated with the sale of fireworks will exceed fees collected by $16,061 this year.
Supporting Documents:
Fireworks Regulatory Fee Reso 2015 (DOCX)
Memo from Chris Lopez Re- Questions from Council (PDF)
EXHIBIT A 2015 Yearly Fireworks Cost Estimates (PDF)
Updated: 6/29/2015 by Linda Sutherland Packet Pg.6'
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SETTING THE 2015 REGULATORY FEE FOR THE SALE OF
3 FIREWORKS.
4 WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency _
N
5 ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half 3
6
of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid w
7
by the fireworks company that supplies the product; and
8
9 WHEREAS, prior to imposing the fee, the City is required to prepare a study of the c
w
d
10 anticipated costs associated with fireworks education, awareness, and enforcement. LL
11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
12 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
13 co
0
I M
_ 14 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
LO
15 has determined that the total anticipated costs for the City to provide services to support the c
16
sale of fireworks for the 2015 season has been calculated at $81,740.
17 LL
18 SECTION 2. The Finance Department shall determine the proportion of the c
19 regulatory fee owed to the City based on the licensee's fireworks sales financial statements.
20 The regulatory fee charged by the City shall not exceed 12% of the total gross sales of the L
0
21 fireworks sold in the City by the licensee.
22 W
SECTION 3. This fee shall take effect upon the adoption of this Resolution. a
23 E
L
24
a
25
26
27
28
1
Packet Pg.7
2A.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO SETTING THE 2015 REGULATORY FEE FOR THE SALE OF
FIREWORKS.
3
1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4
5 and Common Council of the City of San Bernardino at a meeting c
3
6 thereof, held on the day of 2015, by the following vote, to wit:
U-
4-
0
7
Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
r
9 ,o
BARRIOS 0
10 U-
11 VALDIVIA o
12 SHORETT
a�
13 NICKEL, °D
® — o
w
14 JOHNSON
15 N
MULVIHILL 0
17
d
18 Georgeann Hanna, CMC, City Clerk o
19 The foregoing resolution is hereby approved this day of , 2015.
20 Y
L
0
21
R. Carey Davis, Mayor
22 City of San Bernardino
a�
23 E
Approved as to form:
24 Gary D. Saenz, City Attorney
Q
25 By:
26
27
28
2
Packet Pg.8
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
y
CITY MANAGER'S OFFICE L
O
3
as
ii
w
TO: Mayor and Common Council 0
R
FROM: Chris Lopez,Office of the City Manager Y
o r
3 L
THROUGH: Allen Parker,City Manager °
U. y
c m
SUBJECT: Mayor and Common Council Meeting:1/20/2015 Follow-up Questions ° u_
C Z%
O
DATE: February 25,2015
m c►
COPIES: Larry Waterhouse, Interim Fire Chief y
Jarrod Burguan, Police Chief a o
m m
jc
c
At the January 20,2015 meeting of the Mayor and Common Council,members of the council requested M 'o
additional information regarding fireworks within San Bernardino.The questions and their respective w U mu answers are included below for your reference w E
v w-
1. What is the trash/littering impact after th 4` f�'o July holiday and the Public Works operation,and c c
O
what is the Public Works component after the holiday?
Public Works does not do anything out of their normal work to clean up the trash/littering after the 4th m CY
of July.There is not a noticeablc difference after the 4t�of July holiday that requires additional staffing a b
for cleanup. Y N
U fl.
O O
2. How many injuries were reported from 2010-2014 related to fireworks? m y
Injury data is difficult to quantify due to the EMS reporting system. There is no way for paramedics to V
specifically identify a fireworks related injury in the current EMS reporting system. Most fireworks and LL E
fireworks related injuries are coded and reported as a burn injury, penetrating injury,amputation or c, °
partial amputation injury, but not all of these types of injuries are as a result of fireworks. E
One comment taken from the CAD system states the following: u D
cu
"2011 ME221 responded to call where kids found left over firework and lit it. Caught Q
shirt of pakient on fire.Shirt taken off.' E
r
�o
3. What are the statistics on number of injuries related to fireworks? Q
The Fire Department responded to an unknown amount of emergency calls where there were injuries
related to fireworks due to the EMS reporting system described above.Staff queried the CAD for burn
victims and other types of injuries associated with fireworks, but was unable to find calls.This may be
1
Packet Pg.9
a
due to the fact that callers are hesitant to give too much information about the use of legal or illegal
fireworks and injuries sustained,especially if they are located in the non-use areas.
U)
Y
t L
4. What is your personal experience responding to fireworks? 3
m
L
"Although I do not recall responding to any injuries in the past 4-5 years,l do respond to many nuisance LL
and fire related calls due to the use of both safe and sane and illegal fireworks. Our calls for service were
m
noted in the back up material provided at last council meeting. There are many more where i mitigated �a
or stopped by large parties alone to stop the use of both types of fireworks above and below the 210 r
freeway.°Acting Deputy Chief Tom Hannemann L
"My personal experience responding to fireworks calls was a medical aid call several years ago that dealt c LL
with an. adult male that suffered a partial amputation of his foot. This patient had just lit an illegal M-
100 firework and attempted to throw it. Instead,he dropped it and it detonated on his foot. This was o c 0
severe injury that resulted in the partial amputation of the majority of his foot."—Battalion Chief Grant 4 M
Hubbell a) m
T
N
"My other personal experience over the years was responding to an extremely high volume of nuisance a° o
related fire calls over the 4th of July period that were attributed to both illegal and safe and sane M
fireworks. These fire calls ranged from small trash fires,grass and brush fires, tree fires, and several
structure fires." —Battalion Chief Grant Hubbell
c
S. What is the plan/schedule of deployment'during 41"of July weekend?How was this staffing plan y Ci
devised? y c
L
o w
Historically,the Police Department has created tactical action plans(TAP)for deployment of personnel c
during the July 4t'holiday to handle calls for service and address illegal activity related to fireworks.The M w
staff model typically has two sergeants and twelve detectives/officers teamed up in police vehicles 4)
working nine-hour shifts over four days.The working hours are from 4pm to lam.The models are CY
developed using historical data from previous years with a primary focus north of Interstate 210.The a 1
approximate daily cost for police personnel is$10,953. Y N
R c.
The Fire Department enforcement detail focuses their attention to safeguard life and property through m �
education, prevention, investigation,confiscation and enforcement efforts in areas within the City's o
jurisdiction north of the 1-210 Freeway. This is the area designated as the"High Fire Hazard Area". U
The enforcement detail is also designed and planned to best use the limited personnel resources within E
the Fire/Arson Investigation Unit. The 4th of July holiday period inherently produces fireworks related ,0
concerns and threats to life and property. In an effort to reduce and eliminate such concerns and E
threats during the 4th of July period,SBFD Fire/Arson Investigators focus their efforts to reduce and )
eliminate concerns,threats and incidents related to fireworks,explosives and fires through education, Q c
prevention, investigation and confiscation. Local and state laws and codes pertaining to the possession
and use of fireworks, explosives,and illegal are enforced,as applicable,and most importantly when safe E
to do so.
Q
The Fire Department enforcement operational action plan for 2014 included the deployment of two
person teams of Fire/Arson Investigators on July 3rd—Sth from 2:00 pm to 2:00 am. The deployment
was as follows:
2
PacW Pg. 10
ZA.b
• July 3rd:Two enforcement teams(4 Fire/Arson Investigators)
• July 4th:Two enforcement teams(4 Fire/Arson Investigators)
• July 5th:One enforcement team(2 Fire/Arson Investigators) 0
• The Fire Department suppression operational plan for 2014 was the deployment of an
additional three person Brush Engine from 0800hrs to 213Ohrs on July 4th. This Brush 4'
Engine was staffed in additional to the normal Fire Department constant staffing level. The
Brush Engine was assigned to patrol and respond to fireworks related fire calls in the"High y
Fire Hazard"areas north of the 210 freeway, o
Jq
a
6. What is Animal Control's role in the fireworks plan? u
m
C LL
Animal Control does not designate personnel for proactive enforcement.in the past,and likely in the r_ r
future,personnel continue to work under existing scheduling of days off and shifts; however,field
ca
personnel,when not handling calls for service,monitor sheltered animals for signs of distress related to G
use of fireworks in the area.
00
7. How many arrests did we have related to illegal fireworks? d0 00
m
Y
The data that was collected following the 2014 deployment did not provide a breakdown between c —
f-
arrests made for illegal use of tireworks.The stats reported in the after action report stated the
following: c6 0
� U
3 E
• 29 ACP issued N �0
a 116 fireworks related calls that officers responded to a
® 42 field interview cars completed 'v
® 19 non-traffic related citations issued
• 16 misdemeanor warrant arrests made CYi
Z
a 4 felony warrant arrests made a
s
• 21 misdemeanor charges filed 4)
u Q,
•r o
• 9 felony charges files m
W N
• 2 firearms seized Y. 'L
o
� U
d E
S. How many fines/citations were issued for fireworks? 0
w
According to SBPD records a total of 29 ACP's and 4 citations were issued by SBFD and SBPD combined 0
over the three days of coverage(07/03/14 to 07/05/14). s a)
9. How many arrests/citations for safe and sane vs.illegal fireworks? ¢ m
E
This data was not captured.Men police perso nel gathered statistics this information was not �
cataloged separately.
Q
According to SBPD records a total of 29 ACP's and 4 citations were issued by SBFD and SBPD combined
over the three days of coverage (07/03/14 to 07/05/14). Additional research will need to be conducted
3
Packet Pg. 11
i
i
AVO-
to determine the breakdown of the ACP's and citations between safe and sane and illegal fireworks.The
picture below shows the confiscated fireworks for 2014:
3 y3
L
LL
IH
O
t�
t t/d
i tI/
i N
t �
a+
t L
u m
t LL
c �
s
t 3
s m
i co
o0
C M
s v
t
F
� o
= c
p 3
u O
v U
c O
u�
c �
.0
The r
C �
The following weights of illegal fireworks were ollected by police and fire during the 4th of July period: CY
b ,
's O
E 35lbs of large aerial mortars o:
N
• 35lbs of firecrackers n a
• 40lbs of aerial sky rockets a
• 151bs of roman candles i
• 105lbs of commercially packaged aerial kits = v
® 1301bs of assorted other(aerial,explosive, etc.) e o
C O
d
10. Of the activity from Fire and Police, what activities occurred above and below the 210 freeway? i m
c �
This data was not captured nor cataloged separately. Police personnel were deployed throughout the Z r-
a m
City with a primary focus north of Interstate 10. E
r
According to Fire Department personnel working over the 4th of July period, it appears from year to Q
year that an equal amount of all fireworks(illegal and safe and sane)activity occurs above and below
_ the 210 freeway.
4
� Packe#Pg. 12
6.A.b
11. Which nonprofits sell fireworks? Y
0
The list below includes all the organizations that sold fireworks in 2014.
ILL
0
American Legion Post#14 SEC Waterman&Hospitality
Children of Every Nation 797 W. Highland Ave. 'c z
Community Bible Church NEC Tippecanoe& Laurelwood L
0
DA L.I.S.T. 770 W.2nd St
Del Rosa United Methodist Church 1522 E. Highland Ave
< LL
El Sol Neighborhood Educational Center 570 S. Mt.Vernon c
Elks Lodge#836 1085 W. Highland Ave. <
Friends of Reagan Park i NEC Waterman & Hospitality 1
Fund Our Kids Future 1574 W_Baseline
c 00
Grace Baptist Church 2909 Waterman Ave ° rn
Greater New Jerusalem Church of God Dell Rosa & Highland _
Greater Works Praise Worship Center 1515 W. Baseline = c
r 3
Holyland Church of God in Christ 99 N.Waterman Ave. 0
y U
Holy Rosary Academy 2620 N Arrowhead Ave E
0
Inland Center Kiwanis 444 E. Baseline C «
N
Jobs Daughters Bethel#33 20+45 E Highland Ave
o
Jr.Women's Club 2140 S. Waterman Ave.
Knights of Columbus#905 1154 E Laurelwood CY'
La Luz Del Mundo Iglesia Del Dios 1700 E Highland Ave a
Mission For Jesus Christ 501 S.Waterman
Native Sons of the Golden West 2701 Del Rosa `a o
OES/Lily of the Valley#12 207 W. Highland Ave. u v_,
Roc n Sparks Ministries 2855 N.Waterman Ave. a U
Rotary Club of San Bernardino South 975 S. E St. E
0
SB Feeding Coalition 30�W. Baseline LL 4-
San Gorgonio High Baseball Boosters 2380 Sterling Ave. a E
E a�
San Gorgonio High School Tennis NEC Highland & Del Rosa r
St. Paul AME Church 24920 Laurelwood c
a a�
Tachikawa Sister City 2028 E. Highland Ave.
University Park Church 1680 W. Highland Ave.
Victory Outreach 1292 W. Mill St. a
Victory Resource Center
Way World Outreach Ministries 1208 W.Sth St.
Young Visionaries Youth Leadership 30EI W. Baseline St
5
Packet Pg. 13
2.A.c
Fireworks 2015 Exhibit A
Expenditure Estimates
Labor/Time Fringe Benefits/
1 Total
,Police
July personnel $ 11,494 $ 1,329 $ 12,812 y
July 3 personnel $ 11,494 $ 1,329 $ 12,812
July 4 personnel $ 11,494 $ 1,329 $ 12,812
July 5 personnel $ 11,145 $ 1,329 $ 12,812
Equipment/vehicles I $ 1,100 1 c
m
July 3 personnel $ 3,807 $ 601 $ 4,408 r
July 3 personnel $ 2,504 $ 395 $ 2,899 c
July 4 personnel $ 4,500 $ 710 $ 5,210
Public Education Officer $ 195 $ 31 $ 225 Ui
0
M
Business Registration Representative $ 1,829 $ 757 $ 2,586 =tM
Business Registration Manager $ 978 $ 451 $ 1,429
Materials(postage,printing,stationery) $ 72
0
rn
M
El Chicano Weekly 2 wee ad $ 336
(aw, Casa Media Partners Sixty thirty second radio commercials $ 720 14
E
Press Enterprise June 2 -July 6th $ 1,759 w
SB Municipal Water Department 40,000 water bill insert mailing cost $ 1,000 w
Out of the Box-flyers,bill inserts&signs 16,000 flyers;40,000 bill inserts; 100 signs $ 1,200 0
to
Total Service Direct Cost $ 74,192
0
Gen.&Admin.Rate @ 9.81% $ 7,278
Total Service Cost $ 81,470 ;i
1
Summary L
of 1
Police Department $ 52,348 LO LO
Fire Department $ 12,742 c
City Clerk's Office $ 4,086 a
Public Education Total $ 5,015
Total Service Direct Cost $ 74,192 m
x
Gen.&Admin.Rate @ 9.81% $ 7,278 w
Total Service Cost $ 81,470
E
ca
Q
Packet Pg. 14
�I