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Resolution 2020-32RESOLUTION NO. 2020-32 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 GILROY CITY CODE CHAPTER lOA WHEREAS, Chapter l0A 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 4 th of July celebrations ; and WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding section lOA. 8(b) to Chapter 1 0A of the City Code to establish a pennit fee for fireworks sales , and a fireworks service fee to alleviate the financial impacts of providing public safety services directly related to the 4 th 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 4 th of July celebrations each year , setting fo11h 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 th of July, 2020 , celebrations that includes both public infonnation and additional public safety staff hours at an anticipated cost to the City of $41 ,687 .63, and -1- RESOLUTION NO. 2020-32 WHEREAS , the City Council on June 1, 2020 reviewed the Fireworks Mitigation Strategy Fee for 4th of July, 2020 , 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, 2020 Fireworks Mitigation Strategy with supporting documents (e.g . Staff Rep011 , Mitigation Fee Calculation, Pennit list), the fireworks service fee for 2020 has been determined to be $41,687 .63 2. On June 1, 2020 , the City Council reviewed the fireworks service fee for the 4 th of July, 2020 , and finds that the fee is a reasonable regulatory cost designed to mitigate the adverse health, safety, enviromnental, and/or other societal effects from the local retail sale, use, and storage of "safe and sane fireworks " as regulated by Gilroy City Code Chapter 1 0A and is no more than necessary to cover th e costs of the City 's police and fire depat1ment July 4th fireworks mitigation strategy activities . PASSED AND ADOPTED this 1st day of June, 2020 by the following roll call vote : AYES: NOES: ABSENT : COUNCILMEMBERS BLANKLEY, BRACCO , LEROE- MUNOZ , MARQUES, TUCKER and VELASCO COUNCILMEMBERS COUNCILMEMBERS -2- NONE TOVAR ~D R~asco, Mayor RESOLUTION NO . 2020-32 Police Department Patrol (OT) $ Dispatch (OT) $ TOTAL POLICE Fire Department Firefighters (OT) $ Firefiqhters (OT) $ Fire Captain (OT) $ Fire Enqineer (OT) $ TOTAL FIRE Fire Prev. FIREWORKS MITIGATION FEE CALCULATION July 4, 2020 Hourly Number Hours Total 195.27 12 5.5 $ 12 ,887.77 148.74 2 5.5 $ 1,636.10 140.61 1 24 $ 3,374.58 140.61 1 24 $ 3,374.58 165.40 1 24 $ 3,969.53 150.34 1 24 $ 3 ,608.15 Postcard Flyer to all addresses in the city (18 ,000) $ 11 ,380.39 FM Admin(fully burden rate) $ 145.65 1 10 $ 1,456.53 TOTAL Fire Prevention TOTAL PROGRAM $ 14,523.87 $ 14,326.85 $ 12,836.92 $ 41,687.63 I, SHAWNA FREELS , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2020-32 is an original resolution, or true and con-ect copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on Council held on the 1st day of June, 2020 , at which meeting a quorum w as present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of Shawn~ Freels , M City Cl ~rk of the Cit of Gilroy (Seal)