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Resolution 2016-25RESOLUTION NO. 2016-25 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 4h of July celebrations; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004 -03 adding section 10A.8 to Chapter l OA 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 4h 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 4h 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 4'l' of July, 2016, celebrations that includes both public information and additional public safety staff hours at an anticipated cost to the City of $37,438.25; and -- RESOLUTION NO. 2016-25 WHEREAS, the City Council on May 18, 2016 reviewed the Fireworks Mitigation Strategy for 4`h of July, 2016 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 4, 2016 Fireworks Mitigation Strategy, the fireworks service fee for 2016 has been determined to be $37,438.25. PASSED AND ADOPTED this 16`h day of May, 2016 by the following roll call vote: AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN, HARNEY oodward, Mayor -2- RESOLUTION NO. 2016-25 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -25 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 16`h day of May, 2016 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 18`h day,4 May, 2016. City Clerk of the City of Gilroy (Seal)