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
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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
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