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Home My WebLink AboutSafe and Sane Fireworks Fee Resolution - HBMC Chapter 5.90 - 2�,1 �+�JC../r�J T2?dST✓� Council/Agency Meeting Held: Deferred/Continued to: proved ❑ Conditional) A roved ❑ Denied I rk'City s ignatu Council Meeting Date: February 21, 2012 Department ID Number: FD12 002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Patrick McIntosh, Fire Chief SUBJECT: Adopt Fee Resolution No. 2012-09 establishing fees for Safe and Sane Fireworks Statement of Issue: The City Council is requested to adopt a fee resolution, as specified in Municipal Code, Chapter 5.90, regarding the sale of safe and sane fireworks in the City of Huntington Beach. Financial Impact: Not applicable. Recommended Action: Motion to: Approve Resolution No. 2012-09 "A Resolution of the City Council of the City of Huntington Beach Establishing Fees for Safe and Sane Fireworks." Alternative Action(s): Do not approve the resolution. Analysis: At the January 17, 2012, meeting the City Council approved for introduction Ordinance No. 3932, which added Chapter 5.90 of the Huntington Beach Municipal Code relating to fireworks. This ordinance allows for the sale and discharge of state-approved safe and sane fireworks on a trial basis for the Fourth of July holiday in 2012 and 2013. Section 5.90.120 of the ordinance requires that the City Council adopt a resolution setting a regulatory fee on all fireworks sales. The purpose of the fee is to raise sufficient funds to pay for extra personnel time for fireworks related education, inspection and enforcement duties.. This section of the ordinance also specifies that the regulatory fee is based on the gross sales of fireworks and paid by the permittee. As required by the ordinance, the Finance Department will annually determine each permittee's share of the regulatory fee based on its fireworks sales financial statements. The permittees are required to provide their fireworks sales financial statements to the City no later than August 31 of the same year. The Finance Department will then invoice each licensee for their share of the total annual regulatory fee. Payment of the fee is due thirty (30) days following issuance of the invoice. In addition, failure by any licensee to pay the amount invoiced will be cause to disqualify the licensee from obtaining a license to sell fireworks in the City in the future. HB -73- Item 10. - 1 REQUEST FOR COUNCIL-ACTION MEETING DATE: 2/21/2012 DEPARTMENT ID NUMBER: FD12 002 The resolution, shown as Attachment 1, includes. Exhibit 1 showing.th,e new.fee. of $85 for City Clerk processing of permit applications and`Exhibit 2 detailing additional costs incurred by the Fire, Police and Public Works Departments. Exhibit 2 includes components for public education, inspections, fireworks suppression teams, supplemental fireworks enforcement, the contract supplemental law enforcement required as backfill replacement for Huntington Beach Police Officers assigned to fireworks suppression and street sweeping. The total amount shown would be divided among permittees, and effective March 2013 the regulatory fee will not exceed ten (10) percent of the total gross sales of the fireworks sold in the City by permittees in the prior year. In addition, the following existing city fees will be required: o Planning Department Temporary Activity Permit $281.00 o Building Department Electrical Permit $ 61.88 o Fire Department Special Event Plan Review/Inspection/Permit— Basic $225.00 o Proposed City Clerk Fee for Issuance of Permit 85.00 Total $652.88 The total fee for non-profit organizations obtaining permits would be $652.88 plus the organization's share of the proposed regulatory fee. Fireworks industry representatives have indicated that their customary practice is to pay all upfront fees prior to sales, with booth operators providing reimbursement after the holiday. Environmental Status: None. Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. Resolution No. 2012-09, "A Resolution of the City Council of the City of Huntington Beach Establishing Fees for Safe and Sane Fireworks" Item 10. - 2 HB -74- ATTACHMENT # 1 RESOLUTION NO. 2012-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR SAFE AND SANE FIREWORKS WHEREAS, the City Council had adopted Ordinance No. 3932 which authorizes the purchase and display of fireworks in the City of Huntington Beach; and Pursuant to Section 5.90.090 the fee for a permit shall be set by resolution of the City Council; and Pursuant to Section 5.90.120, the regulatory fee on all fireworks sales in the City shall be set by Resolution of the City Council. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: l. The fee for a permit to sell Safe and Sane Fireworks within the City shall be those as set forth in Exhibit 1, attached hereto and incorporated by this reference. 2. The regulatory fee on all firework sales that occur within the City shall be pursuant to Exhibit 2, attached hereto and incorporated by this reference. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of February , 2012. Mayor REV IE APPROVED: INITIATED AND APPR VED: e City er Fire Chief APPROVED AS TO FORM: City Attorney 75251 Resolution No. 2012-09 Resolution No. 2012-09 Exhibit 1 Qualified Applicant Permit Fee Cost Recovery for City Clerk Review and Issuance of Permit Tatk Cost Accept at counter, time stamp, logging and file creation $4.42 Review file with Business License personnel to validate non-profit status, and $21.80 validate or issue Seller's Permit, and Business License Overall review of application $29.39 Subtotal $55.61 Lottery/notification/permit issuance/copies/filing $29.39 TOTAL $85.00 Resolution No. 2012-09 Exh 'Ib 'It Z'. I Resolution No. 2012-09 EXHIBIT 2 Fire Department TBD Public Education $5,305.25 July 1 Fireworks Suppression Teams $1,938.48 July 2 Fireworks Suppression Teams $1,938.48 July 3 Fireworks Suppression Teams $1,938.48 July 4 Fireworks Suppression Teams $4,523.12 July 4. Supplemental Fireworks Enforcement $1,352.68 July 1 Fireworks Booth Inspection $1,437.58 July 2 Fireworks Booth Inspection $1,437.58 July 3 Fireworks Booth Inspection $1,437.58 July 4 Fireworks Booth Inspection $1,437.58 July 5 Post Sales Booth Inspections $278.00 Subtotal $23,024.81 Police Department � ; total i 3 C. July 1 Fireworks Suppression Teams $4,089.20 i July 2 Fireworks Suppression Teams $4,089.20 July 3 Fireworks Suppression Teams $4,089.20 July 4 Fireworks Suppression Teams $6,679.60 July 4-5 Supplemental Law Enforcement $13,000.00 Subtotal $31,947.20 Public Works Department tDait� y;, �►ctl�ilty� - -- -` _---_ _-•- Total July 5-6 Street Sweeping $1,360.00 Subtotal $1,360.00 TOTAL , .$6633201, Res. No. 2012-09 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on February 21, 2012 by the following vote: AYES: Shaw, Carchio, Bohr, Boardman NOES: Harper, Hansen ABSENT: Dwyer ABSTAIN: None Clerk and ex-officiPClerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH SURVEY OF FIREWORKS FEES February 14, 2012 Buena Park Fee Temporary Fireworks Stand Permit $1,000.00 Electrical Permit $26.50 Clean-up Deposit $200.00 Total $1,226.50 TOTAL WITH DEPOSIT REFUND r':;t �p26.50� Costa Mesa Fee Fireworks Stand Filing Fee $325.00 Clean-up Deposit $200.00 Debris Clean-up Fee $100.00 Electrical Permit $34.50 Tota l 659.50 TOTAL WITH DEPOSIT REFUNDA ;$459 Garden Grove Fee Temporary Stand Permit $500.00 TOTAL. $y_:..w .0. Santa Ana Fee Business Liscense Fee $200.00 Business Liscense Registration $30.00 Fireworks Stand and Display Fee $373.00 Temporary Occupancy Fee $77.00 Clean-up Deposit $168.50 Electrical Permit $213.25 Tota l 1 061.75 TOTAL WITH DEPOSIT REFUND -fir $893.25., Stanton Fee Cost Recovery of All Personnel Costs 540.00* TOTAL $ w *2011 Per Booth Charge Westminster Fee Temporary Fireworks Stand Permit Fee $1,000.00 OCFA Permit Charge $436.00 Clean-up Deposit $200.00 Total $1,636.00 TOTAL WITH DEPOSIT REFUND � . "��,$1,436.00„ HUNTINGTON BEACH FEE Temporary Activity Permit $281.00 Electrical Permit $61.88 Special Event Permit $225.00 City Clerk Permit(Proposed) $85.00 TOTAL WITHOUT REGULATORY FEE 588 SUPPLEMENTAL COMMUNICATION *eting Date: 4a Agenda item 1`40. zo CITY OF HUNTINGTON BEACH SURVEY OF FIREWORKS FEES February 14, 2012 San Bernardino Fee Fireworks Booth Fee $141.58 Business Liscense Fee $200.00 Electrical Permit $104.00 TOTAL WITHOUT REGULATORY FEE �$445;58 2011 Regulatory Fee Total $73,722.00 HUNTINGTON BEACH FEE Temporary Activity Permit $281.00 Electrical Permit $61.88 Special Event Permit $225.00 City Clerk Permit(Proposed) 85.00 TOTAL WITHOUT REGULATORY FEE $652.881 Proposed Regulatory Fee Total $56,332.01 Note: No Orange County Cities have regulatory fees for fireworks. Regulatory Fee Breakdowns 1. San Bernardino Fee Police Department $35,337.00 Fire Department $12,192.00 City Clerk's Office $4,605.00 Public Education $15,001.00 Gen.&Admin.Rate @ 9.81% $6,586.00 Total $73,721.00 1. Huntington Beach Fee Police Department $31,947.20 Fire Department $17,719.56 Public Works Department $1,360.00 Public Education $5,305.25 Total $56,332.01