HomeMy WebLinkAboutResolution No. 2024-27 | Fireworks Reso | Adopted 06/17/2024
RESOLUTION NO. 2024-27
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 4 th
of July period; 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 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 Assembly Bill 1403 went into effect on January 1, 2024 and
provides guidance on public safety, fireworks enforcement and fireworks funding; and
WHEREAS, the Fireworks Service Fee is recommended to be $27,804.69, which
will help offset the actual and reasonable costs of public safety staff overtime on July 4,
2024 and fireworks public education; and
WHEREAS, the City Council on June 17, 2024 reviewed the Fireworks Service
Fee for 4th of July 2024, 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, 2024 fireworks mitigation strategy with supporting
documents (e.g. Staff Report, Mitigation Fee Calculation), the Fireworks
Service Fee for 2024 has been determined to be $27,804.69.
2. On June 17, 2024, the City Council reviewed the Fireworks Service Fee for
the 4th of July 2024, and finds that the fee is a reasonable regulatory cost
DocuSign Envelope ID: 5BB86352-C416-4EBE-9729-0E0BC4A6F98C
Resolution No. 2024-27
2024 Fireworks Service Fee
City Council Regular Meeting | June 17, 2024
Page 2 of 3
designed to mitigate the adverse health, safety, environmental, 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 10A and addresses
items listed in AB 1403, which became effective January 1, 2024.
PASSED AND ADOPTED this 17th day of June 2024 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, ARMENDARIZ, MARQUES, HILTON,
CLINE, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
____________________________
Marie Blankley, Mayor
ATTEST:
_________________________
Beth Minor, Interim City Clerk
DocuSign Envelope ID: 5BB86352-C416-4EBE-9729-0E0BC4A6F98C
Resolution No. 2024-27
2024 Fireworks Service Fee
City Council Regular Meeting | June 17, 2024
Page 3 of 3
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2024-27 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 Monday, June 17, 2024, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Tuesday, June 18, 2024.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
DocuSign Envelope ID: 5BB86352-C416-4EBE-9729-0E0BC4A6F98C