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Resolution 2013-13RESOLUTION NO. 2013-13 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 4th of July celebrations; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004 -03 adding section 10A.8 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 4a` 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, 2013, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $26,374; and -1- RESOLUTION NO. 2013-13 WHEREAS, the City Council on May 20, 2013 reviewed the Fireworks Mitigation Strategy for 4t' of July, 2013 celebrations, 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 2013 Fireworks Mitigation Strategy, the fireworks service fee for 2013 has been determined to be $26,374. PASSED AND ADOPTED this 20'h day of May, 2013 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEORE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Donald Gage, Mayor -2- RESOLUTION NO. 2013-13 EXHIBIT A 2013 FIRE WORKS MITIGATION STRATEGY COSTS TOTAL PROGRAM $26,374 Hourly Number Hours Total 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 Postcard Flyer to all addresses in the city (18,000) 5500 Signage costs 500 Staff Time DFM Patrol (OT rate) 80.00 1 3 240 FM Admin(fully burden rate) 125.00 1 10 1250 TOTAL BLES $7,490 TOTAL PROGRAM $26,374 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -13 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 20'' day of May, 2013, 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 21" day of May, 2013. J, i Sh a Freels, M C' Clerk of the Ci of Gilroy (Seal)