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Resolution 2011-26 RESOLUTION NO. 2011-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SETTING THE ANNUAL FIREWORKS SERVICE FEE FOR IMP ACTS 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 AprilS, 2004, adopted Ordinance No. 2004-03 adding section 10A.8 to Chapter lOA 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 AprilS, 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. WHEREAS, the City Fire and Police Chiefs have developed a Fireworks Mitigation Strategy for the 4th of July, 2011, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $ 24,264; and -1- Resolution NO. 2011-26 WHEREAS, the City Council on May 2, 2011 reviewed the Fireworks Mitigation Strategy for 4th of July, 2011, celebrations, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: I. Based on the July 2011 Fireworks Mitigation Strategy, the fireworks service fee for 2011 has been determined to be $24,264. PASSED AND ADOPTED this 2nd day of May, 2011 by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, LEROE-MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: NONE ARELLANO APPROVED: ATTEST: / /'1 ! -2- Resolution NO. 2011-26 Exhibit A Hourly Number Hours Total (*) indicates OT rates Police Department* Patrol* Dispatch* 167.77 150.93 12 2 5.5 5.5 11072.82 1660.23 TOTALPD 12,733 Fire Department* Firefighters* 128.20 2 8 2051.2 Fire Captain* 151.85 1 8 1214.80 Fire Engineer* 132.94 1 8 1063.52 Fire Investigators* 151.85 2 6 1822.2 TOTAL FIRE 6,151 BLES Water bill inserts $ 1200 Direct mailers to property owners for Target Buildings $ 1000 Sign age & Printing costs 500 Staff Time 134 1 20 $ 2680 Total BLES 5380 TOTAL SERVICE FEE 24,264 -3- Resolution NO. 2011-26 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-26 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 2nd day of May, 2011, 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 3rd day of May, 2011. (Seal)