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03/13/1997FILE COPY 22795 Barton Road Grand Terrace 43 California 92313-5295 s ` Civic Center (909) 824-6621 Fax (909) 783-7629 Fax (909) 783-2600 Byron R Matteson Mayor Dan Buchanan Mayor Pro Tempore Herman Hilkey Jim Smgley Lee Ann Garcia Council Members Thomas J Schwab City Manager March 13, 1997 CITY OF GRAND TERRACE Regular Meetings 2nd and 4th Thursday - 6:00 p m Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS MARCH 13, 1997 GRAND TERRACE CIVIC CENTER 6 00 P M 22795 Barton Road THE CITY OF GRANT? TERRACE COIWLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE. IN THIS MEETING, t PLEASE CALL THE CITY CLERK'S OFFICE AT (909) 824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING * Call to Order - * Invocation - * Pledge of Allegiance - * Roll Call - AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY Approval of 02-27-97 Minutes Approve 2 Approval of Check Register CRA031397 Approve 3 CLOSED SESSION - Real Estate Negotiation (22312 Kentfield and 22113 Raven) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1 Items to Delete 2 SPECIAL PRESENTATIONS A Commendation - Terrace View Blue Ribbon School Nomination B Proclamation - National Community Development Week - March 24 - 30, 1997 C Proclamation - National Vicitim's Week - April 13 - 19, 1997 3 CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. 1 Approve A Approve Check Register No 031397 PENDING C R A APPROVAL CITY OF GRAND TERRACE 1 ' o 1 i ►_ a 11►1 Jl-� REGULAR MEETING - FEBRUARY 279 1997 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on February 27, 1997, at 6 00 p m PRESENT: Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Jim Singley, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, Agency Secretary Bernard Simon, Finance Director Virgil Barham, Building and Safety Director Lt Sheree Stewart, She riff s Department ABSENT: Byron Matteson, Chairman Lee Ann Garcia, Agency Member Pauma Materassi, Community Development Director John Harper, City Attorney APPROVAL OF FEBRUARY 13. 1997 CRA MINUTES CRA-97-07 MOTION BY AGENCY MEMBER SINGLEY, SECOND BY AGENCY MEMBER EMKEY, CARRIED 3-0-2-0 (CHAHRMAN MATTESON AND AGENCY MEMBER GARCIA WERE ABSENT), to approve the February 13, 1997 CRA Minutes APPROVAL OF CHECK REGISTER NO, CRA022797 CRA-97-08 MOTION BY AGENCY MEMBER HILKEY, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 3-0-2-0 (CHAIRMAN MATTESON AND AGENCY MEMBER GARCIA WERE ABSENT), to approve Check Register No CRA022797 Vice -Chairman Buchanan adjourned the Community Redevelopment Agency Meeting at 6 05 pm SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace C N A AGENDA t1 EM N09 PENDING',- IA APPROVAL PA"' CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE- MARCH 13, 1997 CHECK REGISTER NO: 031397 OUTSTANDING DEMANDS AS OF:____ _ ___ MARCH 13,1997 D_HE.DK.NO. VENDOR QE GMTION P11705 MARVIN DUNLAP FACADE PAINTING, TERRACE TOWN CENTER SIGN 20000 P11706 CAPRI ESCROW DEPOSIT TO PURCHASE PROPERTY AT 21920 GRAND TERRACE ROAD 1,00000 P11707 RAUL COLUNGA COMMUNITY DEVELOPMENT INTERN 61230 P11715 GRAND TERRACE REAL ESTATE DEPOSIT TO PURCHASE PROPERTY AT 22141 RAVEN WAY 1,00000 37657 A-AVIS PLUMBING PLUMBING SERVICE, 22832 PALM 22000 37660 ANTIMITE TERMITE INSPECTION, 22312 KENTFIELD 3500 37662 VIRGIL BARHAM AUTO ALLOWANCE FOR MARCH, 1997 13750 37670 DRUG ALTERNATIVE PROGRAM LAWN SERVICE FOR 22832 PALM 9500 37672 ELITE CONSTRUCTION PROGRESS PAYMENT FOR REHABILITATION AT 22312 KENTFIELD 2,25000 37677 FIRST TRUST OF CALIFORNIA PAYMENT FOR 1991 BOND ISSUE, MARCH, 1997 24,592 29 37688 PACIFIC BELL PHONE FOR HOUSING REHABILITATION BLDG 3697 37691 PETTY CASH REIMBURSE PETTY CASH 4393 37697 DAVID SMITH SIGN COMPANY SIGNS "SOLD" FOR REHABILITATION PROGRAM 1347 37698 SOUTHERN CA EDISON COMPANY ELECTRIC FOR HOMES UNDER REHABILITATION 877 37706 WELKER ELECTRIC SIGN COMPANY INSTALL SIGN, TERRACE TOWN CENTER 6560 37708 YOSEMITE WATERS BOTTLED WATER FOR HOUSING REHABILITATION BUILDING 25 60 TOTAL 30,336 43 liT iTiTil, I U"Am p 0 r1a c I atn attv " V!V.C,. 1! PAGE 1 1� _IDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE DATE: MARCH 13, 1997 _ _ _ OUTSTANDING DEMANDS AS OF: _ _ _ -CHECK REGISTER NO:--- MARCH 13,1997 031397 _ MOK M VENDOR DEICw- MoN AMQUIRZ P11701 SO CA CHAPTER,URISA REGISTRATION, CONFERENCE, CRIME PREVENTION 9500 P11702 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 2/21/97 27781 P11703 COMCAST CABLEVISION CASH PAYMENTS FOR 2/21/97 11229 P11704 CHARLES COOK BIRTHDAY BONUS 5000 P11705 MARVIN DUNLAP FACADE PAINTING, TERRACE TOWN CENTER SIGN 20000 P11708 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 2/25/97 80068 P11709 COMCAST CABLEVISION CASH PAYMENTS FOR 2/25/97 13189 P11710 NAIL ASSOC CHILD CARE REGISTRATION FOR CONFERENCE, CHILD CARE 22300 P11711 POSTMASTER-COLTON POSTAGE FOR CITY NEWSLETTER/REC BROCHURES 51608 P11712 ADRIANE GORDEN PAYROLL ADVANCE 42320 P11713 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 2/27/97 89704 P11714 COMCAST CABLEVISION CASH PAYMENTS FOR 2/27/97 26599 P11716 BRENDA STANFILL REIMBURSEMENT FOR PLAQUE/ENGRAVING 5173 P11717 WEARGUARD WORK CLOTHES SHIRTS/JACKETS FOR RECREATION, BUILDING & SAFETY, 0 AND COMMUNITY SERVICES DEPARTMENT 71971 C P11718 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 3/4/97 1.11872 n P11719 COMCAST CABLEVISION CASH PAYMENTS FOR 3/4/97 42120 ro P11720 VISA LEAGUE OF CA CITIES CONFERENCES, COMPUSERVE SERVICES, COMPUTER REPAIRS, FUEL FOR CITY VEHICLE, SMOG CHECK CITY VEHICLE, AND SCJPIA MEETING 1,42112 37658 ADDINGTON ENGINEERING ENGINEERING SERVICES, FEB 1997 1,205 00 37659 ADVANTAGE BUSINESS FORMS PRINT CITY NEWSLETTER/BROCHURE 3.60639 37661 AT & T PHONES FOR CITY OWNED FACILITIES 7576 3 37662 VIRGIL BARHAM AUTO ALLOWANCE FOR MARCH, 1997 11250 37663 CA CHAMBER OF COMMERCE LABOR LAW POSTERS 3281 r 37664 STATE OF CALIFORNIA FINGERPRINT CHECK, CHILD CARE 6700 PAGE 3 CITY OF GRAND TERRACE DATE MARCH 31, 1997 OUTSTANDING DEMANDS AS OF: OHEDKNO.. VENDOR 37691 PETTY CASH 37692 PETTY CASH 37693 PRESS ENTERPRISE 37694 RICHARD ROLLINS 37695 COUNTY OF SAN BERNARDINO 37696 SIGNAL MAINTENANCE, INC 37698 SOUTHERN CA EDISON COMPANY 37699 THE SUN 37700 THE SUN 37701 SYSCO 37702 TEXACO REFINING/MARKETING 37703 MICHAEL TODD 37704 TRAFFIC CONTROL SERVICES, INC 37705 STEPHENIE WADE 37706 WELKERS ELECTRIC SIGN COMPANY 37707 XEROX CORPORATION 37708 YOSEMITE WATERS MARCH 13,1997 DESPOU"ILON CHECK REGISTER NO 031397 AMOUNT REIMBURSE GENERAL PETTY CASH -FINANCE 14150 REIMBURSE PETTY CASH -CHILD CARE 30684 AD- RECREATION INSTRUCTOR 9944 OPEN/CLOSE TERRACE HILLS PARK, FEB 1997 19500 LAW ENFORCEMENT/CRIME PREVENTION OFFICER FOR MARCH, 1997 88,292 00 SIGNAL MAINTENANCE FOR JAN 1997 AND SIGNAL REPAIR 58598 ELECTRIC FOR PICO PARK AND ONE SIGNAL 1.63481 NOTICE OF PUBLIC HEARINGS 10016 SUBSCRIPTION (1 YEAR) CIVIC CENTER 12607 FOOD FOR CHILD CARE 54832 FUEL FOR CITY OWNED VEHICLES 14938 OPEN/CLOSE PICO PARK JAN & FEB, 1997 35250 SAFETY VESTS, MAINTENANCE DEPARTMENT 3664 REFUND, PARKING CITATION 2500 INSTALL SIGN, TERRACE TOWN CENTER 6560 MAINTENANCE/USAGE, XEROX COPIER 17122 BOTTLED WATER FOR CITY OWNED FACILITIES 22715 PAYROLL FOR FEBRUARY, 1997 118 596.59 TOTAL 240,923 36 CITY OF GRAND TERRACE PENDING CITY CITY COUNCEL MUMTES COUNCIL APPROVAL REGULAR COUNCIL MEETING - FEBRUARY 27, 1997 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on February 27, 1997 at 6 00 p m PRESENT: Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Jim Smgley, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Virgil Barham, Building and Safety Director Lt. Sheree Stewart, Sheriff's Department ABSENT: Byron Matteson, Mayor Lee Ann Garcia, Councilmember Patrzzia Materassi, Community Development Director John Harper, City Attorney The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church, followed by the Pledge of Allegiance led by Councilmember Herman Hilkey ITEMS TO DELETE 3E Conditional Encroachment Agreement - Salinas SPECIAL PRESENTATIONS 2A Recycling Family of the Month - January 1997 Mayor Pro Tem Buchanan announced that Mr Matthew Mitchell and family are the recipients of the recycling family of the month award for the month of January 1997 and of the local merchant gift certificates from Sub -Depot, Grand Heritage Cleaners, and Verlee's Pets Mayor Pro Tem Buchanan announced that Lt Sheree Stewart has been promoted to Captain and stated that she will be transferred out of Grand Terrace He congratulated her and presented her with a plaque for outstanding service as Lieutenant in the City of Grand Terrace. Captain Tom Denham, Sheriff's Department, announced that Lt Mike Howell will be joining Central Station and will be in charge of the contract for the City of Grand Terrace He expressed his confidence that he will do an outstanding job and assured the City that they will continue to receive the outstanding service from the Shenff s Department that they always have - COUNC,L AGENDA rmM #3D Council Mmutes February 27, 1997 Page 3 Mayor Pro Tem Buchanan, reported that he attended the celebration at Terrace View Elementary School for their nomination as a "Blue Ribbon School" along with Congressman Brown and several other visiting dignitaries The celebration included a presentation given by America Sings He was able to tour classes and observe some of the things that they are doing to cope with the mandates of class size reduction The school is currently constructing a few new class rooms He also reported that he attended a dedication dinner put on by Christ the Redeemer Catholic Church to celebrate the opening of their new building which includes class rooms He expressed his satisfaction with the emphasis on the educational opportunities for the children in our community He reported that he attended a Chamber of Commerce mixer at Cal West Consulting He feels that the mixers are beneficial to the business community and is pleased that the Chamber has begun doing them again He introduced Tammy Johnson, Mayor Matteson's daughter who was in the audience Tammy Johnson, Mayor Matteson's daughter, reported that the Mayor is recovering well from a mild stroke and he is expected to be back as soon as he is able Councilmember Singley, reported that he also attended the Chamber of Commerce's mixer and felt that it was very interesting Councilmember Hilkey, reported that he also attended the Blue Ribbon ceremony at Terrace View Elementary School along with several representatives from local organizations He reported that the Grand Terrace Min Ducks Hockey Team won their first game He stated that our thoughts and prayers go out to Mayor Matteson PUBLIC HEARINGS None UNFINISHED BUSINESS None NEW BUSINESS None ORDER OF ADJOURNMENT Mayor Pro Tem Buchanan adjourned the City Council Meeting at 6 15 p m , until the next Regular CRA/City Council Meeting which is scheduled to be held on Thursday, March 13, 1997 at600pm CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace CITY OF GRAND TERRACE CRA ITEM ( ) AGENDA rrEM SUBJECT COUNCIL ITEM (X) MEETING DATE: March 13. 1997 SELECTION OF CITY AUDITOR FOR FISCAL YEAR 1996-97, 1997-98, 1998-99 FUNDING REQUIRED XX NO FUNDING REQUIRED Staff presents an audited financial report each year to the City Council In addition, audited financial reports are required by the State Controller, County of San Bernardino, Califorma Department of Housing and Community Development, South Coast Air Quality District and the trustee and insurer of each of our bond issues Periodically staff will go out to bid for continuing audit and financial services to insure that the cost and service level performed for the City and CRA is competitive to that of the cost and level of service available on the open market In January 1997, twenty one accounting firms were sent a request for proposal for auditing services (RFP) for the City of Grand Terrace and the CRA. The proposal was to include three years of services beginning with the FY 96-97 audit and should include 1) Audit of the books and records of the City and CRA 2) Annual financial reports for the City and CRA 3) Single audit requirements, (if required) 4) CRA compliance audit 5) Management Letter 6) Any other legal reporting requirements By February 27, 1997, the City received eight responses from those firms solicited All firms responding are highly regarded and are fully qualified and capable to do the job required Accounting firms were asked to submit a bid that was capped with a "Not to Exceed" amount to the City and CRA. Each firm submitted a proposed cost to the City based on a) the mix of firm personnel to complete the job, and b) the estimated hours that the firm believes that it would take to complete Page 1 COUNCIL AGENDA ITEM #�1i� City of Grand Terrace Responses to Auditor RFP - February 27,1997 1 Vavnnek,Tnne, Day & Co 2 Perry M Henderson, CPA 3 Rogers,Anderson,Malody & Scott 4 Lance Soil i Lunghard 5 Moreland & Associates 6 Thomas, Bigbie & Smith 7 McGladrey & Pullen, LLP 8 Conrad & Associates, LLP 1 Vavnnek,Tnne, Day & Co 2 Perry M Henderson, CPA 3 Rogem,Anderson,Malody & Scott 4 Lance Soil & Lunghard 5 Moreland & Associates 6 Thomas, Bigbie & Smith 7 McGladrey & Pullen, LLP 8 Conrad & Associates, LLP Did Auditor Did Auditor Did Auditor ®mmint Oct at "NOT TO EXCEED AMOUNT" Receive review visit City & Total Type of info /scat pnor year inspect BID BID BID Max Cost Location EM page Fin/Stmts ? records? FY96-97 EY97-9$ EY9$-99 Ih Yrs. Ontario Regional Yes Yes No $11,610 $12,050 $12,550 $369210 Redlands Local Yes Yes Yes $13,500 $13,135 $13,450 $40,085 San Bernardino Local Yes No No $13,560 $13,560 $14,365 --$41,485 Brea Local Yes Yes No $13,930 $14,354 $14,779 $43,063 Newport Beach Regional Yes Yes Yes $14,000 $14,500 $15,000 $43,500 Riverside Local Yes Yes Yes $13,000 $16,000 $16,000 $45,000 San Bernardino National Yes No No $14,500 $18,900 $19,845 $53,245 Newport Beach Local Yes Yes Yes $18,750 $19,313 $19,893 $67,956 2\ Degree neoFESSMAL KSL Hour Average °% Prof °% Prof °% Prof °% Prof °% Prof of City to comPi c. Cost/Hour Hours Hours Hours Hours Hours Staff time FY96-97 FY96-97 Partner Manager Senior Staff Acct IQW N� 163 $71 23 28 8°% 4 9°% 39 9°% 26 4°% 100 0°% some 125 $112 50 46 7°% 0 0°% 53 3°% 0 0°% 100 0°% some 213 $63 66 11 7°% 3.8°% 37 6°% 46 9°% 100 0°% some 225 $61 91 8 4°% 16 2% 12 2% 63.1% 100 0°% minimal 264 $53 03 5 3°% 15 2°% 45 5°% 341 °% 100 0°% some 283 $45 94 8 8°% 31 8°% 2 8% 56 5°% 100 0°% some 280 $51 79 10 9°% 17 2°% 32 8°% 391 % 100 0% some 375 $50 00 14 9°% 0 0°% 451°% 40 0°% 100 0°% minimal 1\ 1\ Estimated Hours are generally the same all three years 2WII bids assume at the very least that City will be subject to OMB Circular A-128 for FY 96-97 t AUDITOR RFP LIST- (CONTINUED) 11 Crabtree, Karlen & Arzoo NO RESPONSE Riverside, CA J Michael Tweedle, Partner 12 Decauwer & Butler NO RESPONSE Rancho Cucamonga, CA Dennis Decauwer, Partner 13 Perry M Henderson, CPA SUBMITTED BID Redlands, CA 14 Fredrick Reiss & Company NO RESPONSE San Bernardino, CA Ray Ashworth, CPA 15 Miers & Miers, CPA's NO RESPONSE Bastow, CA Jeffrey D Miers, CPA 16 Moreland & Associates SUBMITTED BID Newport Beach, CA Michael Moreland, Partner 17 Capncci & Larson NO RESPONSE Santa Ana, CA Guy M Caponci, Partner 18 Conrad & Associates, LLP SUBMITTED BID Irvine, CA Ken Al-Iman, Partner 19 Diehl, Evans & CO DECLINED TO BID Irvine, CA Michael Ludin, Partner 20 KPMG Peat Marwick DECLINED TO BID Costa Mesa, CA Margaret Jean Mcbride, Govt Svcs 21 Lance Soll & Lunghard, CPA's SUBMITTED BID Whittier, CA Donald Parker, CPA AUDITOR RFP LIST Staff Report CRA ITEM( ) COUNCIL ITEM (xc) MEETING DATE March 13, 1997 SUBJECT RESOLUTION AMENDING THE DESIGNATED LOCATIONS FOR POSTING PUBLIC NOTICES The City is required to post public notices in three designated locations within the City The three locations presently are 1) Civic Center 2) Grand Terrace Branch Library 3) Mail Mart A conflict has occurred at Mail Mart and staff is recommending that Council designate the Senior Center as the third location We feel that this change will benefit the community due to the high level of participation at that location STAFF RECOMMENDS COUNCIL ADOPT A RESOLUTION OF THE CITY OF GRAND TERRACE AMENDING THE DESIGNATED LOCATIONS FOR POSTING PUBLIC NOTICES COUNCIL AG€ND/pfMAAl6 Community Development Department STAFF REPORT CRA ITEM O COUNCIL ITEM (X) MEETING DATE: MARCH 13,1997 FUNDING REQUIRED SUBJECT: RECOMMENDATION - NO FUNDING REQUIRED X Exchange of General Plan Task Force Roles of Council Members Herman Hilkey and LeeAnn Garcia Approval Background: Council member Herman Hilkey has been the City Council representative on the General Plan Task Force since its inception .� Council member LeeAnn Garcia represented the Planning Commission on the General Plan Task Force during her tenure with the Planning Commission, and was selected by City Council to serve as alternate at the time she was appointed to City Council in 1996 Council members Hilkey and Garcia have agreed they would like to reverse roles for all future work on the General Plan Task Force It is proposed that Council member Garcia now assume the position of City Council representative to the Task Force and Council member Hilkey will assume the alternate position. c \office\wpwm\wpdocs\plannmg\cc\t&sUorc 397 22795 Barton Road • Grand Terrace, California 92313-529 poi ®A fi M k_�q Community Services Department Staff Report CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE March 13, 1997 SUBJECT CDBG: ALLOCATION OF UNPROGRAMMED FUNDS 97-98 FUNDING REQUIRED XX DISCUSSION: At the February 13, 1997 meeting, the City Council granted an allocation of $41,000 in CDBG projects for the 1997-98 Funding Year This amount exceeded our grant allocation of $37,000 by $4,000 The City presently has an "Un-Programmed" balance of unexpended CDBG Grant Funds from previous years of $94,036 00 on account with the County of San Bernardino The County of San Bernardino Department of Economic and Community Development requires that the City Council make a formal allocation of Un-Programmed Funds to cover the balance for the upcoming year The $4,000 reduction will leave a balance of $90,036 00 RECOMMENDATION: That the City Council approve an allocation of $4,000 from the "Un-Programmed" City of Grand Terrace CDBG Fund Balance presently on account with the County of San Bernardino FISCAL IMPACT: A $4,000 reduction in the existing un-programmed fund balance of $94,036 00 leaving a balance of $90,036 00 COUNCIL AGENDA I4EM �%N City Manager's Department STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE March 13, 1997 SUBJECT PROPOSED ORDINANCE REGULATING THE SALE AND DISCHARGE OF FIREWORKS FUNDING REQUIRED NO FUNDING REQUIRED XX At the City Council meeting on February 13, Council directed staff to draft and place a fireworks Ordinance before the City Council for consideration - This action was requested by Grand Terrace Little League and Soccer Club for the purpose of using fireworks sales as a fundraising source for those organizations The Ordinance is written to allow a maximum of two sales permits limited to youth sports organizations with a minimum membership of 250 participants The Ordinance has the option written into it to limit this to a one-year Ordinance, which will sunset on June 30, 1998, unless extended by the City Council by a subsequent Ordinance or amendment CONDUCT A PUBLIC HEARING TO RECEIVE INPUT REGARDING ADOPTING AN ORDINANCE REGULATING THE SALE AND DISCHARGE OF FIREWORKS. TS yjm Attachment COUNCIL AGENDA mm#A ORDINANCE NO. PAGE 2 Section 4: Licenses - Notioa of Granting or Rejection - Applicants for any such license shall be notified by the City Clerk's office by April 15th of the granting or rejection of such application for a license. Section S: Ucense -Prerequisites to Issuance - The following qualifications must be met by each applicant for a license issued under this chapter A No license shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for youth sports { B Each such organisation must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least two hundred fifty members C No organization may receive more than one license for fireworks sale during any one calendar year One license may be issued to two or more qualifying applicants as a joint venture The maximum number of licenses which may be issued pursuant to this chapter during any one calendar year shall not exceed two licenses D If the number of applications exceed the number of licenses to be issued, the licensees during the preceding year shall have fast priority for the available licenses A licensee shall retain its priority from year to year only so long as the licensee continues to represent each and all of the participating organizations which operated under the license during the preceding year. Each participating organization shall be deemed to be a co-hcensee and joint venturer with the licensee claiming first priority and shall have the same duties and liabilities under the hcense. Any change in organizations within the joint venture shall constitute a change causing that joint venture to lose its priority If there are any additional licenses available after priority organisations have been considered, such additional licenses shall be granted by a drawing supervised by the City Clerk Any prior licensee, the license of which has been suspended under the provisions of Section 6, shall lose its priority, and shall be eligible for a license only upon satisfying the Fire Chief that suitable arrangements have been made to preclude future violations If the Fire Chief certifies his satisfaction, such licensee shall be permitted to compete with other additional applicants for such additional licenses as may be available through the drawing Section 6: Su=nsion of License - Apueal Procedure A The Fire Chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the license of any hcensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale If the Fire Chief or his designee establishes that a violation has occurred too late to suspend the license during the period of sale, he shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee for any such violation found to ORDINANCE NO. PAGE 4 E. Each stand shall be provided with two two -and -one-half gallon soda -and -acid or water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire Section 9: General Requirements for Licensees A All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand B. "No Smoking" signs shall be prominently displayed on the fireworks stand 7 C Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein Sleeping or remaining in the stand after close of business each day is forbidden D The sale of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after twelve midnight on the 5th day of July E All unsold stock and accompanying litter shall be removed from the location by five p m. on the 6th day of July - F. The fireworks strand shall be removed from the temporary location by twelve noon on the 8th day of July, and all accompanying litter shall be cleared from the location by said time and date Section 10: i cease Fee and Land Use Apphcaton Fee - The license fee for the selling of fireworks within the City shall be eighty-three dollars ($50 plus $33) per year per stand, which fee must be paid at the time application for a stand is filed with the Communtiy Development Department. Section 11: Temporary Sales Tax Permit Required - Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the State Board of Equalization Section 12: DIVI y of Lim and Sales Tax Permit - The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand Section 13: Permissible Locations for Dischame A The use of fireworks in the City shall be limited to private property No fireworks shall be discharged on public, semipublic or private open areas such as parking lots, vacant properties, in a public street right-of-way or public parks Section 14: Prohibition on Desch= - It is unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings