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Resolution No. 2022-37 | Annual Fireworks Service Fee | Adopted 06/20/2022RESOLUTION NO. 2022-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMPACTS ON CITY FIRE AND POLICE SERVICES RELATED TO THE SALE AND USE OF SAFE AND SANE FIREWORKS PURSUANT TO GILROY CITY CODE CHAPTER 10A WHEREAS, Chapter 10A of the City of Gilroy (“City”) City Code regulates the local retail sale, use and storage of “safe and sane fireworks” as defined in 12529 of the Health and Safety Code of the State of California; and WHEREAS, the City Fire and Police Departments each year experience a significant number of non-routine Fire and Police requests for services, emergency calls and citizen complaints, all of which are directly related to the use of illegal and legal fireworks during 4 th of July celebrations; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding section 10A.8(b) to Chapter 10A of the City Code to establish a permit fee for fireworks sales, and a fireworks service fee to alleviate the financial impacts of providing public safety services directly related to the 4th of July celebrations; and WHEREAS, Ordinance No. 2004-03 requires that the fireworks service fee be determined by the City’s Fire and Police Chiefs and adopted annually by City Council resolution; and WHEREAS, the City Council also on April 5, 2004, adopted Resolution No. 2004-24, directing the City’s Fire and Police Chiefs to develop a Fireworks Mitigation Strategy for the upcoming 4th of July celebrations each year, setting forth the amount of the fireworks service f ee to recover the anticipated costs. WHEREAS, the City Fire and Police Chiefs have developed a Fireworks Mitigation Strategy for the 4th of July, 2022, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $51,900.65, and WHEREAS, the City Council on June 20, 2022 reviewed the Fireworks Mitigation Strategy Fee for 4th of July, 2022, attached hereunto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. Based on the 4th of July, 2022 Fireworks Mitigation Strategy with supporting documents (e.g. Staff Report, Mitigation Fee Calculation, Permit list), the fireworks service fee for 2022 has been determined to be $51,900.65. DocuSign Envelope ID: C2D6311B-781B-44BE-9F2C-ABD27FF27766 Resolution No. 2022-37 Annual Fireworks Service Fee City Council Regular Meeting | June 20, 2022 Page 2 of 2 2. On June 20, 2022, the City Council reviewed the fireworks service fee for the 4th of July, 2022, and finds that the fee is a reasonable regulatory cost designed to mitigate the adverse health, safety, environmental, and/or other societal effects from the local retail sale, use, and storage of “safe and sane fireworks” as regulated by Gilroy City Code Chapter 10A and is no more than necessary to cover the costs of the City’s police and fire department July 4th fireworks mitigation strategy activities. PASSED AND ADOPTED this 20th day of June, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MARQUES APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: C2D6311B-781B-44BE-9F2C-ABD27FF27766 Fully Burdened Hourly Rate OT Hours # of Staff # of Hours Total Police Department Police Sergeant (OT)187.14 1.5 1 5.5 $1,543.91 Police Corporal (OT)167.89 1.5 1 5.5 $1,385.09 Patrol Officer (OT)153.53 1.5 12 5.5 $15,199.47 Public Safety Communicator (OT)110.44 1.5 2 5.5 $1,822.26 TOTAL POLICE $19,950.73 Fire Department Firefighter I/II (OT)151.92 1.5 4 10 $9,115.20 Fire Engineer (OT)159.49 1.5 4 10 $9,569.40 Fire Captain (OT)177.39 1.5 4 10 $10,643.40 TOTAL FIRE $29,328.00 Fire Prevention Fireworks Administrative Citation Booklets $0.00 All Fireworks Prohibited Posters & Duct Tape $411.01 Fireworks Facebook Boosts $200.00 Utility Bill Insert (electronic and mailed)$1,120.00 Deputy Fire Marshal (OT)149.39 1.5 1 10 $2,240.85 TOTAL Fire Prevention $3,971.86 TOTAL PROGRAM $53,250.59 LESS ACT. BALANCE ($1,349.94) TOTAL FEE $51,900.65 DocuSign Envelope ID: C2D6311B-781B-44BE-9F2C-ABD27FF27766 Organization:Permit# 1 Apostolic Assembly Church 2 Christian School Parents Club 3 El Camino Club (CHP) 4 Gavilan College 5 Gilroy Elks Lodge 6 Gilroy High School Cheerleader Boosters 7 Gilroy High School Quarterback Club 8 Gilroy High School Wrestling 9 Gilroy Police Officers Association 10 Gilroy Little League BallPark Fund 11 Gilroy Pop Warner Football 12 Gilroy Youth Football & Cheer 13 South County Baseball Boosters 14 Victory Outreach Gilroy 15 Stick and Move Amateur Boxing Green highlight means new location Yellow highlight means potential issue 691 First Street 2022 Firework Booth Permits Proposed Sales Site: 7150 Camino Arroyo 303 East Tenth Street 971 First Street 1203- 1260 First Street 825 First Street 7940 Monterey Rd. 6900 Automall Parkway 8850 San Ysidro Ave 8400 Church Street 8401 Church Street 80 W. Tenth Street 727 First Street 777 First Street 8000 Santa Teresa Blvd. DocuSign Envelope ID: C2D6311B-781B-44BE-9F2C-ABD27FF27766 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-37 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, June 20, 2022, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, June 20, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: C2D6311B-781B-44BE-9F2C-ABD27FF27766