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Resolution No. 2023-32 | Annual Fireworks Service Fee | Adopted 05/15/2023 RESOLUTION NO. 2023-32 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 the 4th of July period; 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 fee to recover the anticipated costs; and WHEREAS, the City Fire and Police Chiefs have developed a fireworks mitigation strategy for the 4th of July 2023, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $56,887.32, and WHEREAS, the City Council, on May 15, 2023, reviewed the Fireworks Service Fee for the 4th of July 2023, 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 July 4, 2023 fireworks mitigation strategy with supporting documents (e.g., Staff Report, Mitigation Fee Calculation), the fireworks service fee for 2023 has been determined to be $56,887.32. Resolution No. 2023-32 Annual Fireworks Service Fee City Council Regular Meeting | May 15, 2023 Page 2 of 2 2. On May 15, 2023, the City Council reviewed the fireworks service fee for the 4th of July 2023 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 Departments July 4th fireworks mitigation activities. PASSED AND ADOPTED this 15th day of May 2023 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (May 16, 2023 17:08 PDT) Marie Blankley CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-32 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, May 15, 2023, 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, May 15, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) EXHIBIT A (2023 Fireworks Service Fee Calculation) Fully Burdened Hourly Rate OT Hours # of Staff # of Hours Total Police Department Police Sergeant (OT)$196.50 1.5 1 5.5 $1,621.13 Police Corporal (OT)$176.28 1.5 1 5.5 $1,454.31 Patrol Officer (OT)$161.21 1.5 12 5.5 $15,959.79 Public Safety Communicator (OT)$115.96 1.5 2 5.5 $1,913.34 TOTAL POLICE $20,948.57 Fire Department Fire Captain (OT)$186.26 1.5 4 10 $11,175.60 Fire Engineer (OT)$167.46 1.5 4 10 $10,047.60 Firefighter I/II (OT)$159.52 1.5 4 10 $9,571.20 TOTAL FIRE $30,794.40 Fire Prevention Deputy Fire Marshal (OT)$156.86 1.5 1 15 $3,529.35 Fireworks Prohibited Posters & Duct Tape $415.00 Fireworks Facebook Boosts $200.00 Utility Bill Insert (electronic and mailed)$1,000.00 TOTAL Fire Prevention $5,144.35 TOTAL PROGRAM $56,887.32 LESS ACT. BALANCE $0.00 TOTAL FEE $56,887.32