Resolution No. 2024-131
Resolution No. 2024-131
June 5, 2024
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RESOLUTION NO. 2024-131
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
SETTING THE 2024 REGULATORY FEE FOR THE SALE
OF SAFE AND SANE FIREWORKS IN THE CITY OF SAN
BERNARDINO
WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks company that supplies the product; and
WHEREAS, on July 1, 2013, the Mayor and City Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be set no later than 7:00 p.m. on July 1 of each year; and WHEREAS, prior to imposing the fee, the City is required to prepare a study of the anticipated costs associated with fireworks education, awareness, and enforcement.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties, for the 2024 season has been calculated at $211,916.
SECTION 3. Section 8.60.095 (B) of the City’s Municipal Code provides that the regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during the prior year.
SECTION 4. In the 2023 fireworks season, 10% of the total gross sales of fireworks as reported by the licensees amounted to $130,000.
SECTION 5. The Mayor and City Council hereby set a regulatory fee rate of 10%.
SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Resolution No. 2024-131
Resolution No. 2024-131
June 5, 2024
4 9
2 4
SECTION 7.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5st day of June 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2024-131
Resolution No. 2024-131
June 5, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-131, adopted at a regular meeting held on the 5 th day of June 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024.
Genoveva Rocha, CMC, City Clerk