Resolution 2019-22RESOLUTION NO.2019-22
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 fireworks during 4th of July
celebrations; and
WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding
section 10A.8(b) 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 yearly 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; and
WHEREAS, the City Fire and Police Chiefs developed a fireworks mitigation strategy
for the 4th of July, 2019 celebrations that includes both public information and additional police
and fire safety staff hours at an anticipated cost to the City of $46,201.65; and
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4833-6113-88400 RESOLUTION NO.2019-22
JH104706083
V4UREAS, it is well-known that over the last two years California has experienced an
increase in devasting wild fires throughout the State.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY, AS FOLLOWS:
1. Based on the July 4, 2019 fireworks mitigation strategy, the June 3, 2019 Staff
Report, including the Fireworks Mitigation Fee Calculation, attached hereto as
Exhibit A, supplemental written and oral testimony provided by City Staff, the
Fireworks Service Fee for 2019 has been determined to be $46,201.65.
2. The City Council on June 3, 2019 reviewed the Fireworks Service Fee for the 4th
of July, 2019, and finds that the fee is a reasonable regulatory cost designed to
mitigate the adverse health, safety, environmental, or other societal effects from
the local retail sale, use and storage of "safe and sane fireworks" as regulated by
Gilroy City Code Chapter l0A and is no more than necessary to cover the costs of
the City's police and fire department July 4t' fireworks mitigation strategy
activities.
PASSED AND ADOPTED this 3rd day of June, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, LEROE-MUNOZ,
MARQUES, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: BRACCO
ABSENT: COUNCILMEMBERS: NONE
APPR ED:
P
Roland Velasco, Mayor
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4833-6113-8840v1 RESOLUTION NO.2019-22
JH104706083
FIREWORKS MITIGATION FEE CALCULATION
July 4, 2019
Hourly Number Hours Total
Police Department
Patrol (OT)
227.981
121
5.51
$
15,046.68
Dispatch (OT)
177.23
2
5.5
$
1,949.53
TOTAL POLICE
$ 16,996.21
Fire Department
Firefighters (OT)
147.61
4
10
$
5,904.40
Fire Captain (OT)
179.09
2
10
$
3,581.80
Fire Engineer (OT)
160.07
4
10
$
6,402.80
TOTAL FIRE
$ 15,889.00
Fire Prev.
Postcard Flyer to all addresses in the city (18,000)
$
11,283.04
FM Admin(fully burden rate)
203.341
1
10
$
2,033.40
TOTAL Fire Prevention I
$ 13,316.44
TOTAL PROGRAM 1 $ 46,201.65
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2019-22 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 held on
the P day of June, 2019, 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 4`h &ay of June, 2019.
S a r , yr
City Clerk of the City of Gilroy
(Seal)