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Resolution 2005-20 RESOLUTION NO. 2005-20 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 CITY CODE CHAPTER lOA WHEREAS, Chapter lOA 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 4th of July celebrations; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding section 10A.8 to Chapter lOA ofthe 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 by March 1, each year, setting forth the amount of the fireworks service fee to recover the anticipated costs. WHEREAS, the City Fire and Police Chiefs have developed a Fireworks Mitigation Strategy for the 4th of July, 2005, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of$30,693.94; and WHEREAS, the City Council on March 21, 2005, reviewed the Fireworks Mitigation IGB01652066.1 030805-04706089 -1- Resolution No. 2005-20 Strategy for 4th of July, 2005, celebrations, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. Based on the July 2005 Fireworks Mitigation Strategy, the fireworks service fee for 2005 has been determined to be $30,693.94. PASSED AND ADOPTED this 21st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: ~--L_C"~' Rhonda Pellin, City Clerk IGB01652066.1 030805-04706089 -2- Resolution No. 2005-20 EXHIBIT A 2005 FIRE WORKS MITIGATION STRATEGY COSTS Hourly Number Hours Total Police Department Patrol $122.91 12 5.5 $8,112.06 Dispatch $83.68 2 5.5 $920.48 TOTAL PO $9,032,54 Fire Department Firefighters 90.42 12 10 $10,850.40 Fire Invest 90.42 2 10 $1,808.40 Chief Officers 92.55 4 10 $3,702.00 TOTAL FIRE $16,360,80 BlES Pub Ed on Illegal 96 1 4 $384.00 Pub Ed Mailers 1 15,000 0.15 $2,250.00 Bulk Mail Cost 1 15,000 0.12 $1,800.00 OT Patrols for Illegal Use 89 1 8 $712.00 Total BLES $5,146 TOTAL SERVICE, FEE $30,539.34 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-20 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 Council held on the 21st day of March, 2005, 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 24th day of March, 2005. (Seal)