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Resolution 2012-21RESOLUTION NO. 2012-21 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 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 4t' of July celebrations; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004 -03 adding section 10A.8 to Chapter l0A 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 4t' 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 4t` 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 4t' of July, 2012, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $ 24,084; and WHEREAS, the City Council on May 21, 2012 reviewed the Fireworks Mitigation -- RESOLUTION NO. 2012-21 Strategy for 4h of July, 2012, 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 2012 Fireworks Mitigation Strategy, the fireworks service fee for 2012 has been determined to be $24,084. PASSED AND ADOPTED this 21St day of May, 2012 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, TUCKER, WOODWARD AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LEROE -MUNOZ APPROVED: 4b´┐Żert Mayor -2- RESOLUTION NO. 2012 -21 2012 FIRE WORKS MITIGATION STRATEGY COSTS TOTAL FIRE $6,151 BLES Water bill inserts $ 1500 Signage & Printing costs $1000 Staff Time 135.00 1 20 $2700 $5200 Total BLES TOTAL SERVICE FEE $24,084 EXHIBIT "A" Hourly Number Hours Total ( *) indicates OT rates Police Department* Patrol* 167.77 12 5.5 11072.82 Dispatch* 150.93 2 5.5 1660.23 TOTAL PD $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 $ 1500 Signage & Printing costs $1000 Staff Time 135.00 1 20 $2700 $5200 Total BLES TOTAL SERVICE FEE $24,084 EXHIBIT "A" I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012 -21 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 21" day of May, 2012, 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 29th Day -9f May, 2012. City Clerk of the Ci)y of Gilroy (Seal)