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HomeMy WebLinkAbout2009 04 29CITY OF BALDWIN PARK CITY COUNCIL AGENDA APR 2 9 2009 ITEM! NO. STAFF REPORT TO: Honorable Mayor and Members of the City Cou it FROM: Vijay Singhal, Chief Executive Officer DATE: April 29, 2049 SUBJECT: ORDINANCE NO. 1327 AMENDING THE DEFINITION OF QUALIFYING ORGANIZATION ALLOWED TO APPLY FOR FIREWORKS PERMITS; RESOLUTION NO. 2009- 013 ESTABLISHING POLICIES FOR ISSUANCE OF FIREWORKS PERMITS; ORDINANCE NO. 1328 EXPANDING REPORTING REQUIREMENTS FOR FIREWORKS PERMITTEES AND ESTABLISHING PENALTIES FOR NOT FILING THOSE REPORTS PURPOSE The purpose of this report is to request City Council adopt urgency Ordinance No. 1327 which would permit a Veteran organization to apply for fireworks permits, adopt Resolution No. 2009- 1013 establishing policies for issuing those permits and introducing Ordinance No. 1328 establishing reporting requirements and penalties for failing to file those reports. BACKGROUND AND DISCUSSION On March 18, 2009 the City Council introduced for first reading Ordinance No. 1324, amending Section 93.01 of the Baldwin Park Municipal Code, establishing which organizations may apply for the issuance of permits to sell fireworks in the City. On April 1, 2009, the City Council adopted on second reading Ordinance No. 1324, which will become effective on May 1, 2009. The amendment provided only youth organizations in the City would be eligible to apply for 4th of July fireworks booths. On April 1, the City Council adopted Resolution No. 2009 -006 that established the City's policy for the issuance of fireworks permits in accordance with Ordinance No. 1324. Among other things, that policy requires qualifying organizations to submit applications by May 1. Therefore, unless the requirements allowing only youth organizations to apply for the permits is changed, no other organization may so apply for the 2009 fireworks' season. For many years The Baldwin Park American Legion, a veteran's organization, has relied on a permit to sell fireworks as a source of funding for the important programs and activities it provides to an important segment of the community. Without that source of funding those programs and activities will likely be impacted. At its meeting on April 15, 2009 the City Council directed staff to prepare an ordinance to amend Section 93.06 of Baldwin Park Municipal Code to allow for veteran's organization to apply for and be allocated a Fireworks booth to assist with its fund raising efforts. Staff Report — Fireworks Permit Ordinance Page 2 Staff, therefore, is recommending the City Council adopt an urgency ordinance to amend section 93.01 of the Baldwin Park Municipal Code to allow only local veterans' and youth organizations/youth sports groups to apply for fireworks permits. Staff also recommends the City Council adopt Resolution No. 2009- 913, which provides 13 of those permits can only be issued to youth organizations/youth sports groups and one can be issued to a veterans' organization. It is believed the benefits of the fund - raising efforts from these booths would best serve the activities and programs that promote the Veterans and youth and their development. Staff has also prepared for the Council's consideration, Ordinance No. 1328, which amends section 93.12 of the Baldwin Park Municipal Code to expand the reporting requirements firework permit applicants must complete, and prohibits any applicant who fails to file such reports from applying for the next year's permits, Because the earliest reporting must not be completed until August, that ordinance is not an urgency ordinance and requires two readings, Therefore, staff is recommending first reading and introduction of this ordinance at this time and will return with the ordinance for a second reading and adoption at your meeting of May 6, 2009. That ordinance would then become effective on June 5, 2009. FISCAL IMPACT There is no fiscal impact on the City. RECOMMENDATION Staff recommends the City Council 1. Introduce and adopt urgency Ordinance No. 1327 entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF BALDWIN PARK AMENDING SECTION 93.01 OF THE BALDWIN PARK MUNICIPAL CODE BY AMENDING THE DEFINITION OF QUALIFYING ORGANIZATIONS" and waive further reading, read by title only; 2. Adopt Resolution No. 2009 -013 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING THE CITY'S POLICY FOR THE ISSUANCE OF FIREWORKS PERMITS PURSUANT TO SECTION 93.06 OF THE BALDWIN PARK MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 2009 - 006;" and 3. Introduce for first reading, by title only with further reading waived, Ordinance No. 1328 "AN ORDINANCE OF THE CITY COUNCIL OF BALDWIN PARK AMENDING SECTION 93.12 OF THE BALDWIN PARK MUNICIPAL CODE REGARDING REPORTS OF REVENUES AND EXPENSES QUALIFYING ORGANIZATIONS MUST FILE RELATING TO FIREWORKS." ORDINANCE NO. 1327 AN URGENCY ORDINANCE OF THE CITY COUNCIL OI` BALDWIN PARK AMENDING SECTION 93.01 OF THE BALDWIN PARK MUNICIPAL CODE BY AMENDING THE DEFINITION OF QUALIFYING ORGANIZATIONS WHEREAS, the City Council recently adopted Ordinance No. 1324 to amend section 93.01 of the Baldwin Park Municipal Code so only youth groups could receive a permit to sell fireworks on the City of Baldwin Park; WHEREAS, for many years the City's veteran organizations have relied on a permit to seal fireworks as a primary source of funding for the important community services provided by those organizations; and WHEREAS, unless section 93.01 is immediately amended to allow veterans organizations to sell fireworks for the July 4, 2009, season, those organizations will not be permitted to sell fireworks during that season and some or all of the important community services provided by those groups will not be available due to lack of funding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The definition of Qualifying Organization as set forth in Section 93.01 of the Baldwin Park Municipal Code shall be amended to read as follows; QUALIFIED ORGANIZATION. Any local nonprofit organization, corporation, association, or group, consisting of ten or more persons organized primarily to support veterans or youths, including through youth sports, which meets at least once quarterly within the city. The majority of the members of the organization must either reside, or be employed by or maintain a business, in the city. SECTION 2. Pursuant to sections 36934 and 36937 of the California Government Code the City Council declares this Ordinance shall take effect immediately upon adoption to preserve the public health and safety by ensuring the City's veterans' groups can continue to provide all the important community services they have provided in the past. Ordinance 1327 Page 2 SECTION 3. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. PASSED AND APPROVED ON THE day of 2009. MANUEL LOZANO Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify the foregoing Ordinance was introduced and adopted at a special meeting of the City Council on as an urgency ordinance by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO Deputy City Clerk 2 RESOLUTION NO. 2009- 013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING THE CITY'S POLICY FOR THE ISSUANCE OF FIREWORKS PERMITS PURSUANT TO SECTION 93.06 OF THE BALDWIN PARK MUNICIPAL CODE; AND RESCINDING RESOLUTION NO. 2009 -006. WHEREAS, Subsection (B) of section 93.06 of the Baldwin Park Municipal Code provides the Council authority to establish procedures and guidelines for the issuance of permits to sell fireworks in the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Resolution No. 2009 -006 is hereby rescinded. SECTION 2, Pursuant to subsection (B) of section 93.06 of the Baldwin Park Municipal Code, the policy and procedure for the issuance of permits to qualified applicants for the sale of fireworks shall be in accordance with Exhibit A, attached hereto and incorporated herein. SECTION 3. This resolution shall be effective on May 1, 2009. SECTION 4. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this 'day of 2009. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on , by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS.- ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO, Deputy City Clerk EXHIBIT A to RESOLUTION NO, 2009- 013 FIREWORKS PERMITS ISSUED ON A LOTTERY BASIS 1. The lottery will be drawn from all qualified organizations (as defined in Section 93.01 of the Baldwin Park Municipal Code) that have submitted applications on or before the first of May and have met all application requirements. 2. Names will be chosen, at a public drawing, no later than the fifteenth day of May. 3. Each of the first 13 names of qualified organizations chosen in the lottery for the youth group category shall receive a permit for the sale of fireworks. 4. The first name of qualified organizations chosen in the lottery for the veteran group category shall receive a permit for the sale of fireworks. 5. If the City receives valid and complete applications from qualified organizations in a category equal to or less than the number of permits to be issued for that category, then no lottery shall be held for that category and each applicant shall receive a permit. 6. All permits will be granted for the sale of fireworks for the current year only. 7. A filing and processing fee of Two Hundred Fifty Dollars ($250.00) shall be paid at the time of filing the application. ORDINANCE NO, 1328 AN ORDINANCE OF THE CITY COUNCIL OF BALDWIN PARK AMENDING SECTION 93.12 OF THE BALDWIN PARK MUNICIPAL CODE REGARDING REPORTS OF REVENUES AND EXPENSES QUALIFYING ORGANIZATIONS MUST FILE RELATING TO FIREWORKS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 93.12 of the Baldwin Park Municipal Code shall be amended to read as follows: § 93.12 REPORTING OF REVENUES AND EXPENSES. (A) No later than August 6 of the year for which the permit is applicable, the applicant shall file with the Business License Division a written report ( "Sale End Report "), which identifies the revenues and expenses relating to the sale of fireworks conducted during that year and a description of how the applicant intends to spend the revenues remaining after deduction of expenses (the "net proceeds "). Proof the proposed expenditure of the net proceeds has been officially approved by the applicant shall be submitted with the sale end report and could be shown by official minutes of the applicant. The written report required by this subsection shall at a minimum include copies of i invoices for purchase of the fireworks and ii receipts for all expenses. (B) No later than October 31 of the year in which the sale end report was required to be filed, the applicant shall file, with the Business License Division, a written report showing proof the net proceeds have actually been expended or allocated and of how the net proceeds identified in the applicant's most recent sale end report were actually expended, with proof the expenditure(s) were officially approved by the applicant, which could be shown by official minutes of the applicant, The written report required by this subsection shall at a minimum include copies of checks for any contributions made from net proceeds by the applicant showing the checks have been deposited by the payee. (C) If the applicant fails to comply with subsection division (A) of this section, then the Chief Executive Officer shall retain $250 of the deposit; and unless the applicant can provide sufficient reasons as reasonably determined by the Chief Executive Officer, why the applicant failed to comply with subsection A the applicant will not be able to apply for another permit during the 12 -month period immediately following the a pplicable Au ust 6 deadline. (D) If the applicant fails to comply with subsectiondivisioe of this section, then the Chief Executive Officer shall assess a fine of $250 on the applicant. The applicant (i) Ordinance 1328 Page 2 will not be permitted to apply for another permit or use a permit whose term has not yet expired unless and until that fine is paid in full and (ii) will not be permitted to apply for another permit durinq the 12 -month Period immediately following the applicable October 31 deadline unless the applicant can rovide sufficient reasons as reasonably determined-by determingd-by the Chief Executive Officer wh the applicant failed to comply with subsection (B). The fine may be collected through whatever legal and equitable means are available, including, but not limited to, rescinding a permit, or requesting equitable relief to prevent the applicant from using a permit, whose term may not yet have expired. (E) The person named pursuant to subsection§ 93.03(B)(3), shall sign all reports required by this section and certify, under penalty of perjury, each is accurate and complete. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. PASSED AND APPROVED ON THE day of 2009. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } ss: CITY OF BALDWIN PARK } MANUELLOZANO Mayor LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a special meeting of the City Council of April 29, 2009. That there after said Ordinance was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO Deputy City Clerk 2