APRIL 28, 2022 AGENDA
CITY OF CITRUS HEIGHTS CITY COUNCIL
6:30 PM SPECIAL MEETING
7:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:
The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process.
The City of Citrus Heights is allowing for remote and in person participation. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please either complete a Speaker Identification Sheet and give it to the City Clerk, if participating via webcast you may use the Zoom hand raise function (or *9 if you join the webinar via telephone) and the host will unmute you when it is time to speak. Speakers will be limited to 3 minutes each.
Alternatively, you may submit your comment via email to [email protected] or by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City -Council- Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.
Regular Meeting 7:00 p.m. Zoom Meeting –Webinar link:
https://us02web.zoom.us/j/83718213962
PLEASE NOTE: In order to minimize the spread of the COVID-19 virus, this meeting is being held pursuant to Government Code Section 54953(e). Please be advised that some, or all, Council Members may attend City Council meetings telephonically or otherwise electronically.
If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk ’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.
April 28, 2022 Special/ Regular City Council Agenda Packet APRIL 28 2022 CITY COUNCIL AGENDA.PDF
CALL SPECIAL MEETING TO ORDER
1. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
PUBLIC COMMENT
CLOSED SESSION
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 7794-7804 Sayonara Drive, Citrus Heights (APNs: 243-0276-002-0000, 243- 0276-003-0000, 243-0276-004-0000)
Agency Negotiator: City Manager Ashley J. Feeney and City Attorney Ryan Jones Negotiating Parties: Citrus Heights Water District
Under Negotiation: Both price and terms of payment
REPORT OUT OF CLOSED SESSION
ADJOURNMENT
CALL REGULAR MEETING TO ORDER
1. Flag Salute
2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
3. Video Statement
APPROVAL OF AGENDA
PRESENTATIONS
4. Proclamation Of The City Of Citrus Heights Recognizing National Therapy Animal Day As April 30
5. Proclamation Of The City Of Citrus Heights Proclaiming April As Fair Housing Month
6. Presentation By Republic Services Annual Report And Recognition Of 2022 Scholarship Winners
7. Presentation By Gary Goodman With Sac -Yolo Mosquito & Vector Control District
COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
PUBLIC COMMENT
CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.
8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of April 14, 2022
9. SUBJECT: Second Reading -- Fireworks Regulation And Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Adopt Ordinance No. 2022-004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks
10. SUBJECT: San Juan Ave. Complete Streets Project Phase 1 Federal Project STPL 5475 (046), City PN 15-21-001 Approval Of Contract Amendment No. 1 STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1 11. SUBJECT: 2022 Residential Street Resurfacing Project – Reject All Bids And Authorize Staff To Re-Bid
STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Rejecting all Bids for Construction of the 2022 Residential Street Resurfacing Project and Authorizing Staff to Re-advertise the Project
PUBLIC HEARINGS
12. SUBJECT: AB481 – Military Equipment Policy For The Police Department STAFF: J. Baldwin
RECOMMENDATION: Introduce for First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-_____, An Ordinance of the City of Citrus Heights, California, Adopting a Military Equipment Policy of the City of Citrus Heights, California Governing the Use of Military Equipment
DEPARTMENT REPORTS
CITY MANAGER ITEMS
ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS
ADJOURNMENT
Documents:
APRIL 28, 2022 AGENDA
CITY OF CITRUS HEIGHTS CITY COUNCIL
6:30 PM SPECIAL MEETING
7:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:
The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process.
The City of Citrus Heights is allowing for remote and in person participation. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please either complete a Speaker Identification Sheet and give it to the City Clerk, if participating via webcast you may use the Zoom hand raise function (or *9 if you join the webinar via telephone) and the host will unmute you when it is time to speak. Speakers will be limited to 3 minutes each.
Alternatively, you may submit your comment via email to [email protected] or by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City -Council- Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.
Regular Meeting 7:00 p.m. Zoom Meeting –Webinar link:
https://us02web.zoom.us/j/83718213962
PLEASE NOTE: In order to minimize the spread of the COVID-19 virus, this meeting is being held pursuant to Government Code Section 54953(e). Please be advised that some, or all, Council Members may attend City Council meetings telephonically or otherwise electronically.
If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk ’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.
April 28, 2022 Special/ Regular City Council Agenda Packet APRIL 28 2022 CITY COUNCIL AGENDA.PDF
CALL SPECIAL MEETING TO ORDER
1. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
PUBLIC COMMENT
CLOSED SESSION
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 7794-7804 Sayonara Drive, Citrus Heights (APNs: 243-0276-002-0000, 243- 0276-003-0000, 243-0276-004-0000)
Agency Negotiator: City Manager Ashley J. Feeney and City Attorney Ryan Jones Negotiating Parties: Citrus Heights Water District
Under Negotiation: Both price and terms of payment
REPORT OUT OF CLOSED SESSION
ADJOURNMENT
CALL REGULAR MEETING TO ORDER
1. Flag Salute
2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
3. Video Statement
APPROVAL OF AGENDA
PRESENTATIONS
4. Proclamation Of The City Of Citrus Heights Recognizing National Therapy Animal Day As April 30
5. Proclamation Of The City Of Citrus Heights Proclaiming April As Fair Housing Month
6. Presentation By Republic Services Annual Report And Recognition Of 2022 Scholarship Winners
7. Presentation By Gary Goodman With Sac -Yolo Mosquito & Vector Control District
COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
PUBLIC COMMENT
CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.
8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of April 14, 2022
9. SUBJECT: Second Reading -- Fireworks Regulation And Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Adopt Ordinance No. 2022-004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks
10. SUBJECT: San Juan Ave. Complete Streets Project Phase 1 Federal Project STPL 5475 (046), City PN 15-21-001 Approval Of Contract Amendment No. 1 STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1 11. SUBJECT: 2022 Residential Street Resurfacing Project – Reject All Bids And Authorize Staff To Re-Bid
STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Rejecting all Bids for Construction of the 2022 Residential Street Resurfacing Project and Authorizing Staff to Re-advertise the Project
PUBLIC HEARINGS
12. SUBJECT: AB481 – Military Equipment Policy For The Police Department STAFF: J. Baldwin
RECOMMENDATION: Introduce for First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-_____, An Ordinance of the City of Citrus Heights, California, Adopting a Military Equipment Policy of the City of Citrus Heights, California Governing the Use of Military Equipment
DEPARTMENT REPORTS
CITY MANAGER ITEMS
ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS
ADJOURNMENT
Documents:
APRIL 28, 2022 AGENDA
CITY OF CITRUS HEIGHTS CITY COUNCIL
6:30 PM SPECIAL MEETING
7:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:
The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process.
The City of Citrus Heights is allowing for remote and in person participation. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please either complete a Speaker Identification Sheet and give it to the City Clerk, if participating via webcast you may use the Zoom hand raise function (or *9 if you join the webinar via telephone) and the host will unmute you when it is time to speak. Speakers will be limited to 3 minutes each.
Alternatively, you may submit your comment via email to [email protected] or by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City -Council- Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.
Regular Meeting 7:00 p.m. Zoom Meeting –Webinar link:
https://us02web.zoom.us/j/83718213962
PLEASE NOTE: In order to minimize the spread of the COVID-19 virus, this meeting is being held pursuant to Government Code Section 54953(e). Please be advised that some, or all, Council Members may attend City Council meetings telephonically or otherwise electronically.
If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk ’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.
April 28, 2022 Special/ Regular City Council Agenda Packet APRIL 28 2022 CITY COUNCIL AGENDA.PDF
CALL SPECIAL MEETING TO ORDER
1. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
PUBLIC COMMENT
CLOSED SESSION
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 7794-7804 Sayonara Drive, Citrus Heights (APNs: 243-0276-002-0000, 243- 0276-003-0000, 243-0276-004-0000)
Agency Negotiator: City Manager Ashley J. Feeney and City Attorney Ryan Jones Negotiating Parties: Citrus Heights Water District
Under Negotiation: Both price and terms of payment
REPORT OUT OF CLOSED SESSION
ADJOURNMENT
CALL REGULAR MEETING TO ORDER
1. Flag Salute
2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
3. Video Statement
APPROVAL OF AGENDA
PRESENTATIONS
4. Proclamation Of The City Of Citrus Heights Recognizing National Therapy Animal Day As April 30
5. Proclamation Of The City Of Citrus Heights Proclaiming April As Fair Housing Month
6. Presentation By Republic Services Annual Report And Recognition Of 2022 Scholarship Winners
7. Presentation By Gary Goodman With Sac -Yolo Mosquito & Vector Control District
COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
PUBLIC COMMENT
CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.
8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of April 14, 2022
9. SUBJECT: Second Reading -- Fireworks Regulation And Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Adopt Ordinance No. 2022-004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks
10. SUBJECT: San Juan Ave. Complete Streets Project Phase 1 Federal Project STPL 5475 (046), City PN 15-21-001 Approval Of Contract Amendment No. 1 STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1 11. SUBJECT: 2022 Residential Street Resurfacing Project – Reject All Bids And Authorize Staff To Re-Bid
STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Rejecting all Bids for Construction of the 2022 Residential Street Resurfacing Project and Authorizing Staff to Re-advertise the Project
PUBLIC HEARINGS
12. SUBJECT: AB481 – Military Equipment Policy For The Police Department STAFF: J. Baldwin
RECOMMENDATION: Introduce for First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-_____, An Ordinance of the City of Citrus Heights, California, Adopting a Military Equipment Policy of the City of Citrus Heights, California Governing the Use of Military Equipment
DEPARTMENT REPORTS
CITY MANAGER ITEMS
ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS
ADJOURNMENT
Documents:
Printed on Recycled Paper
City Council meetings take place in
the City Hall Council Chambers.
Porsche Middleton, Mayor
Tim Schaefer, Vice Mayor
Jeannie Bruins, Council Member
Bret Daniels, Council Member
Steve Miller, Council Member
CITY OF CITRUS HEIGHTS
CITY COUNCIL
Special/Regular Meeting of Thursday, April 28, 2022
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
Special Meeting 6:30 p.m.
Regular Meeting 7:00 p.m.
HOW TO PARTICIPATE:
The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process. The City of Citrus Heights is allowing for remote and in person participation. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please either complete a Speaker Identification Sheet and give it to the City Clerk, if participating via webcast you may use the Zoom hand raise function (or *9 if you join the webinar via telephone) and the host will unmute you when it is time to speak. Speakers will be limited to 3 minutes each. Alternatively, you may submit your comment via email to [email protected]
or by completion of an online Speaker Card at
https://www.citrusheights.net/FormCenter/City-Council-Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.
Regular Meeting 7:00 p.m. Zoom Meeting –Webinar link: https://us02web.zoom.us/j/83718213962
The City provides three ways to watch a City Council meeting.
IN PERSON ONLINE ON TELEVISION
PLEASE NOTE: In order to minimize the spread of the COVID-19 virus, this meeting is being held pursuant to Government Code Section 54953(e). Please be advised that some, or all, Council Members may attend City Council meetings telephonically or otherwise electronically.
If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.
April 22, 2022
_______________________
Amy Van, City Clerk
Watch the livestream and replay past
meetings on the City website.
Watch live and replays of meetings
on Sac Metro Cable, Channel 14.
Agenda Packet Page 1
Citrus Heights City Council Thursday, April 28, 2022
Printed on Recycled Paper
SPECIAL CITY COUNCIL MEETING
6:30 PM
CALL SPECIAL MEETING TO ORDER
1. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
PUBLIC COMMENT
CLOSED SESSION
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 7794-7804 Sayonara Drive, Citrus Heights (APNs: 243-0276-002-0000, 243-0276-003- 0000, 243-0276-004-0000)
Agency Negotiator: City Manager Ashley J. Feeney and City Attorney Ryan Jones Negotiating Parties: Citrus Heights Water District
Under Negotiation: Both price and terms of payment
REPORT OUT OF CLOSED SESSION
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
7:00 PM
CALL REGULAR MEETING TO ORDER
1. Flag Salute
2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton
3. Video Statement
APPROVAL OF AGENDA
PRESENTATIONS
4. Proclamation of the City of Citrus Heights Recognizing National Therapy Animal Day as April 30
5. Proclamation of the City of Citrus Heights Proclaiming April as Fair Housing Month
6. Presentation by Republic Services Annual Report and Recognition of 2022 Scholarship Winners
7. Presentation by Gary Goodman with Sac-Yolo Mosquito & Vector Control District
COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
Agenda Packet Page 2
Citrus Heights City Council Thursday, April 28, 2022
Printed on Recycled Paper
PUBLIC COMMENT
CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.
8. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of April 14, 2022
9. SUBJECT: Second Reading -- Fireworks Regulation and Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Adopt Ordinance No. 2022-004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks
10. SUBJECT: San Juan Ave. Complete Streets Project Phase 1 Federal Project STPL 5475 (046), City PN 15-21-001 Approval of Contract Amendment No. 1
STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1
11. SUBJECT: 2022 Residential Street Resurfacing Project – Reject All Bids and Authorize Staff to Re-Bid
STAFF: R. Cave / L. Blomquist/ H. Young
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Rejecting all Bids for Construction of the 2022 Residential Street Resurfacing Project and Authorizing Staff to Re-advertise the Project
PUBLIC HEARING
12. SUBJECT: AB481 – Military Equipment Policy for the Police Department STAFF: J. Baldwin
RECOMMENDATION: Introduce for First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-_____, An Ordinance of the City of Citrus Heights, California, Adopting a Military Equipment Policy of the City of Citrus Heights, California Governing the Use of Military Equipment
DEPARTMENT REPORTS
CITY MANAGER ITEMS
ITEMS REQUESTED BY COUNCIL MEMBERS/ FUTURE AGENDA ITEMS
ADJOURNMENT
Agenda Packet Page 3
CITY OF CITRUS HEIGHTS
CITY COUNCIL
MINUTES
Regular Meeting of Thursday, April 14, 2022
City Hall Council Chambers
6360 Fountain Square Drive
Citrus Heights, CA 95621
CALL REGULAR MEETING TO ORDER
The r
egular council meeting was called to order at 7:00 p.m. by Mayor Middleton.
1. The
Flag Salute was led by Vice Mayor Schaefer.
2. Roll Ca
ll: Council Members present: Daniels, Miller, Schaefer, Middleton Council Members absent: Bruins (joined remotely at 7:20 p.m.), Staff present: Bermudez, Blomquist, Cave, Cimino, Feeney, Flores, Garing, Huber, Jones, Kempenaar, Reid, Turcotte, and
Zenoni.
3. The v
ideo statement was read by City Clerk Reid.
APPROVAL OF AGENDA
ACTION: On a motion by Council Member Miller, seconded by Vice Mayor Schaefer, the City Council approved the agenda.
AYES:
Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: Bruins
PRESENTATION
4. Pr
oclamation Honoring MealPro as a Business of Distinction Ec
onomic Development and Communication Manager Huber introduced Andy Sartori, owner of MealPro located in Citrus Heights. Vice Mayor Schaefer presented Mr. Sartori with a proclamation recognizing MealPro as a business of distinction in the Citrus Heights community.
5. Pr
oclamation of the City of Citrus Heights Proclaiming April 10-16, 2022, as “National Public Safety Telecommunicators Week”
Counc
il Member Daniels presented Communications Supervisor’s Nikki Bell and Chela Cottrell with a proclamation recognizing April 10-16 as National Public Safety Telecommunicators week. This proclamation recognizes dispatch staff who assist residents on 9-1-1 calls.
6. Pr
oclamation of the City of Citrus Heights Proclaiming April 10-16, 2022, as “National Animal Care & Control Appreciation Week”
Item 8
Agenda Packet Page 4
Citrus Heights City Council Minutes Thursday, April 14, 2022
Council Member Miller presented Police Services Supervisor Debra Nathan with a proclamation recognizing April 10-16 as National Animal Care and Control Appreciation Week. This week recognizes animal care and control staff who provide care to animals within the Citrus Heights community.
7. Proclamation of the City of Citrus Heights Proclaiming April 17-23, 2022, as “National Volunteer Week
Mayor Middleton presented Support Services Manager Tiffany Campbell with a proclamation recognizing April 17-23 as National Volunteer week. Volunteers are recognized annually the third week of April.
COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
Council Member Bruins recently attended the Citrus Heights Chamber of Commerce luncheon. She also attended the USPI Surgery Center ribbon cutting. Council Member Bruins provided an update from the Regional Sanitation board meeting. She also provided an update from the Police Activities League board meeting. Council Member Bruins shared information on upcoming PAL events.
Council Member Daniels provided an update from the Fire 2x2 meeting with Mayor Middleton. He provided an update from a meeting with the Citrus Heights Chamber of Commerce president Ray Ward. Council Member Daniels also attended an event at Mesa Verde High School celebrating the development of a sports complex.
He also attended the Chamber of Commerce luncheon. Council Member Daniels shared information regarding the Kiwanis Easter lunch and the Mesa Verde vs. San Juan baseball game.
Council Member Miller provided an update from the Sacramento Transportation Authority meeting. He also shared an update from the Sacramento Regional Transit board meeting. Council Member Miller recently attended the USPI Surgery Center ribbon cutting and the Chamber of Commerce luncheon.
Vice Mayor Schaefer wished everyone a Happy Easter.
Mayor Middleton recently attended the USPI Surgery Center ribbon cutting. She also provided an update from the Sacramento Area Council of Governments board retreat.
PUBLIC COMMENT
Debbie Woolley addressed the Council requesting letters of support in opposition to AB2223, SB1464, SB871, SB1479, and AB1993.
Nicky McNally addressed the Council to remind residents to vote on June 7, 2022.
CONSENT CALENDAR
8. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Special/ Regular Meeting of March 24, 2022
9. SUBJECT: Approve Resolution for Continued Remote Meetings in Accordance with AB 361 STAFF: A. Van / R. Jones
RECOMMENDATION: Adopt Resolution No. 2022-027, A Resolution Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Agenda Packet Page 5
Citrus Heights City Council Minutes Thursday, April 14, 2022
10. Pulled for discussion.
11. Pulled for discussion.
Mayor Middleton requested to hear pulled consent items following item 14.
ACTION: On a motion by Council Member Daniels, seconded by Vice Mayor Schaefer, the City Council adopted Consent Calendar Items 8 and 9.
AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None
REGULAR CALENDAR
12. SUBJECT: Approval of Sunrise MarketPlace Property-Based Improvement District 2021 Annual Report
STAFF: M. Huber
RECOMMENDATION: Adopt Resolution No. 2022-029, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Sunrise MarketPlace 2021 Annual Report
Sunrise MarketPlace Executive Director Kathilynn Carpenter presented the Property-Based Improvement District 2021 Annual Report. Due to COVID-19 restrictions, many public events were placed on hold for the 2021 calendar year. SMP focused on security and cleanliness along the business district and provided their businesses with additional support in regards to safety. SMP continues to support community organizations such as HART, Rotary, and Kiwanis. Carpenter shared information on events scheduled in the business district such as Brews in the Burbs and a robust holiday program.
Council comments followed.
ACTION: On a motion by Council Member Daniels, seconded by Council Member Miller, the City Council, approved Resolution No. 2022-029, a Resolution of the City Council of the City of Citrus Heights, California, Approving the Sunrise MarketPlace 2021 Annual Report.
AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None
13. SUBJECT: First Reading of Fireworks Regulation and Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Introduce for a first reading, and read it by title only, of Ordinance No. 2022- 004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks
Lieutenant Garing introduced the item to adopt a permanent ordinance in regards to fireworks regulations.
Currently the City has a temporary urgency ordinance that establishes a social host fine for use of illegal fireworks, permitted time of use for fireworks, and requires the fireworks ordinance to be posted on city based fireworks stands. The proposed ordinance would make these changes permanent. The ordinance outlines a Agenda Packet Page 6
Citrus Heights City Council Minutes Thursday, April 14, 2022
fine of $750 for hosting illegal fireworks, a subsequent fine of $1,000, and cost recovery for subsequent responses or emergency responses. The current urgency ordinance expires June 23, 2022.
Council comments and discussion followed.
ACTION: Council Member Daniels made a motion, seconded by Council Member Miller to introduce for a first reading, and read it by title only, of Ordinance No. 2022-004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks with the modification of the time of use violation for legal fireworks reduced to $250.
AYES: Daniels, Miller
NOES: Bruins, Schaefer, Middleton
ABSENT: None
The motion failed.
ACTION: On a motion by Council Member Bruins, seconded by Vice Mayor Schaefer, the City Council Introduced for a first reading, and read by title only, Ordinance No. 2022-004, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks.
AYES: Bruins, Schaefer, Middleton
NOES: Daniels, Miller
ABSENT: None
14. SUBJECT: Drive-through Facilities Discussion
STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Review staff presentation and provide direction to staff for future action.
Senior Planner Bermudez provided council with a presentation discussing drive-through facilities in Citrus Heights. This is a discussion item only, with no action items presented. Bermudez discussed existing facilities and the process at which these projects are approved. Citrus Heights has seventy drive-through facilities, which includes restaurants, pharmacies, car washes, and banks. Most of the drive-through facilities are located along main corridors in the City. Approximately 49 of the drive-through facilities were in Citrus Heights pre-incorporation. Existing regulations discourage concentration of auto intensive facilities and ensure that drive-through businesses are allowed only where they are compatible with surrounding areas. These regulations can be found in the City’s General Plan, Zoning Code, and the Specific Plans. The review process for proposed drive-throughs includes a planning permit, which requires a noise and traffic study. The City’s Planning Commission reviews the findings from the noise and traffic study prior to approving an application.
The sales tax revenue that drive-through quick service restaurants provide to the City is comparable to the revenue generated by sit down restaurants. Many of these drive-through restaurants have seen an increase in business during COVID-19 restrictions. Bermudez noted that one quick service owner shared his business is 80% drive-through and 15% delivery, with only 5% being dine-in sales.
Community Development Director Kempenaar highlighted the comparison of land use for commercial and drive-through establishments. Kempenaar discussed the opportunities and challenges faced with drive-through services.
Agenda Packet Page 7
Citrus Heights City Council Minutes Thursday, April 14, 2022
Bermudez discussed options for approving drive-through projects in Citrus Heights. These options include modifying current regulations, regulating projects by locations, or instituting a ban/moratorium on drive-through projects.
Council Member Bruins stated she wishes to remain a business friendly community and she wants to make sure that reputation is not diminished by implementing new restrictions. She stated that new restrictions may or may not effect traffic congestion along busy corridors.
Council Member Daniels stated that families want options and quick service restaurants have become the most popular and convenient for them. He stated that his main concern would be vacant drive-through facilities. Council Member Daniels stated any projects should make sure that cars are not congesting traffic.
Council Member Daniels additionally stated he does not wish to push away future development by instituting restrictions.
Council Member Miller stated that public perception does not always align with what is really going on. He does not want to regulate how businesses conduct themselves. He would encourage future projects look at circulation and taking into account possible traffic congestion.
Vice Mayor Schaefer stated he would support a policy to address traffic congestion. He wishes to remain a business friendly community but also wants to address concerns from the residents as they come forward.
Mayor Middleton stated she does not wish to tell a business how and where they should be operating. She stated she does not want to discourage economic development in the City.
CONSENT CALENDAR ITEMS PULED FOR DISCUSSION
10. SUBJECT: Approval of the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision
STAFF: R. Cave / L. Blomquist / A. Flores
RECOMMENDATION: Adopt Resolution No. 2022-028, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision
Council Member Miller pulled item 10 to request clarification on updates recently made to the resolution.
City Attorney Jones provided clarification, stating that the developer has had a delay in getting the performance bonds for the subdivision map. Typically, Council would want to have those bonds in hand prior to approving a project, so staff added language stating approval is based on the condition that bonds are received by April 22.
ACTION: On a motion by Council Member Miller, seconded by Council Member Daniels, the City Council adopted Consent Calendar Item 10.
AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None
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Citrus Heights City Council Minutes Thursday, April 14, 2022
11. SUBJECT: Amendment Business License Ordinance – Short-term Rentals Second Reading STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Adopt Ordinance No. 2022-003, An Ordinance of the City of Citrus Heights, California, Amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Section 22-451 through 22-460 Regarding Short-term Rentals
Council Member Daniels requested to pull item 11 in order to hold a separate vote.
ACTION: On a motion by Council Member Miller, seconded by Council Member Bruins, the City Council adopted Consent Calendar Item 11.
AYES: Bruins, Miller, Schaefer, Middleton
NOES: Daniels
ABSENT: None
CITY MANAGER ITEMS
City Manager Feeney shared with the Council that the Sunrise Tomorrow Project recently won the Award of Merit for Outstanding Planning Document 2022 from the Association of Environmental Planners.
ITEMS REQUESTED BY COUNCIL MEMBERS/ FUTURE AGENDA ITEMS
ADJOURNMENT
Mayor Middleton adjourned the regular meeting at 8:54 p.m.
Respectfully submitted,
__________________________
Amy Van, City Clerk
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CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE
: April 28, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Nicki Garing, Lieutenant, Citrus Heights Police Department Ryan Jones, City Attorney
SU
BJECT: Second Reading – Fireworks Regulation and Enforcement Ordinance Summary and Recommendation
On
April 14, 2022, the City Council introduced, read by title only and waived the first full reading of an Ordinance adopting a Fireworks Regulation and Enforcement Ordinance.
St
aff recommends that the Council approve No. 2022-004, an Ordinance to implement fines for social hosts of illegal fireworks and after hours use of any and all fireworks.
Fiscal Impact
Th
ere is no fiscal impact.
Attachments
1. Or
dinance No. 2021-001, An Urgency Ordinance of the City of Citrus Heights, California, Amending Chapter 38 Citrus Heights Code Relating to Fireworks
2. Or
dinance No. 2021-002, Extension of Urgency Ordinance of the City of Citrus Heights, California, Amending Chapter 38 Citrus Heights Code Relating to Fireworks
3. Or
dinance No. 2022-004, Ordinance of Citrus Heights, California, Amending Chapter 38 Citrus Heights Code Relating to Fireworks.
Item 9
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ORDINANCE NO. 2021-001
AN URG
ENCY ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING
CHAPTER 38 OF THE CITRUS HEIGHTS CODE RELATING TO FIREWORKS WH
EREAS, the regulation of fireworks is within the purview of the City Council, it is regulated in the Citrus Heights Municipal Code at Chapter 38, Article III.
WH
EREAS, the City Council has authority to modify that ordinance and is hereby choosing to do so to help the City in regulating and enforcing illegal usage of fireworks. This urgency ordinance provides an enforcement tool whereby the social host of an event which ignites illegal fireworks can be cited, whereas the previous ordinance only allowed the city to cite the person who personally used the firework illegally. The urgency ordinance also modifies the hours of usage, the fines associated with illegal usage, and updates the hearing procedures.
WH
EREAS, the City Council finds that an urgency ordinance related to fireworks is needed for the City for its protection and welfare given the unique fire dangers presented by the drought conditions. Moreover, the usage of illegal fireworks in the region is on the rise and these amendments are critical for the City’s ability to regulate and enforce illegal firework activity.
NOW
THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS DOES ORDAIN AS FOLLOWS:
The
provisions of Chapter 38 of the City of Citrus Heights Code are amended, as follows:
SE
CTION 1. Amendment. Section 38.67 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-67 - Definitions
(a) The term “host” in this Section shall mean any of the following:
An ow
ner of any private residential or non-residential real property in the City; or An
y person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or An
y person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. (b) T
he term “strictly liable” in this Section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.
(c)
The term "Response costs" means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted Agenda Packet Page 11
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discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unpermitted discharge or illegal storage of fireworks including, but not limited to:
Sa
laries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and
The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and
The
cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpermitted discharge or illegal storage of fireworks.
SE
CTION 2. Amendment. Section 38.68 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-68. - Exception for certain public displays.
Public displays of fireworks may be given with a written permit issued by the fire chief, or the fire chief's designee, of the fire district within which the display is to be given so long as such display takes place under the supervision and direction of a state-licensed operator.
SE
CTION 3. Amendment. Section 38.69 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-69. - Exception for safe and sane fireworks.
It shall not be unlawful to possess, sell within the city those fireworks as are defined and classified as "safe and sane fireworks" in Health and Safety Code § 12500 et seq., during that time period beginning at 12:00 noon on June 28 and ending at 11:00 p.m. on July 5 of the same year.
It shall not be unlawful to use or discharge safe and sane fireworks during either of the following time periods:
Between the hours of noon and 11 p.m. on June 28th, or
Between the hours of 9 a.m. and 11 p.m. from June 29 through July 5 of the same year.
SE
CTION 4. Amendment. Section 38.70 -77 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-70. - License to sell required.
It shall be unlawful for any person to sell safe and sane fireworks within the city without a valid business license authorizing such sales.
Sec.
38-71. - Wholesale storage.
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The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district in which jurisdiction the storage site is located and the building inspection division. Any such storage is limited to the period from June 1 through July 15 of each year.
Sec. 38-72. - License restricted.
(a) No business license authorizing the sale of safe and sane fireworks shall be issued to any person or group, other than organizations which are exempted from the payment of the bank and corporation tax by Revenue and Taxation Code § 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701l or 23701w, provided that the organization satisfies the following criteria:
(1) It has its principal and permanent meeting place in the city; (2) It has been organized and established in the city for a continuous period of at least one year immediately preceding the application for a permit; and (3) It has a bona fide membership of at least 20 members. (b) No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.
(c) Business licenses authorizing the sale of safe and sane fireworks shall not be transferable to another organization.
(d) Transfer of temporary stands from the location for which the license was initially issued may be made, provided that the application is made to the finance director on or before June 1, and provided, further, that any such location change has been approved in writing by the fire district having jurisdiction and the chief building official and otherwise complies with all sections of this article regulating the location of temporary fireworks stands.
Sec. 38-73. - License application.
(a) Each application for a business license to sell fireworks shall be in writing to the finance director on forms supplied by the city. Applications shall be received and filed with the finance director on or before the second Tuesday in April of each year.
Applications shall:
(1) Specify the proposed location of the fireworks stand; (2) Specify the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored;
(3) Contain such other information as may be required by the finance director; and
(4) Be accompanied by an application fee in the amount of $25.00. (b) The application shall be made in triplicate. The original of the application shall be retained by the finance director, one copy shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located, and one copy shall be sent to the building inspection division.
(c) The applicant for a license shall be notified by the finance director of the tentative approval or denial of the application for a business license by the first Monday in May of each year. Within two weeks of the notification of the tentative approval of the business Agenda Packet Page 13
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license, the applicant shall furnish to the finance director evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury, contractual liability, independent contractors, and products/completed operations, with a combined single limit for bodily injury and property damage of $1,000,000.00. The insurance policy shall designate the city, its officers, agents, employees and volunteers as additional insureds as to products, premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the city shall apply in excess of, and not contribute with, insurance provided by the applicant. The risk manager shall be the certificate holder. For nonrenewal or cancellation of the insurance policy, 30 days' advance notice shall be provided to the finance director. The insurance policy shall be limited to the specific location for which the business license is issued. The finance director shall issue the license to the applicant upon the presentation of required proof of insurance.
(d) A copy of the business license shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located. (e) The continued validity of any business license issued pursuant to this article shall be subject to the requirement that at least one of the responsible adults listed in the licensee's application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by a fire department or fire district within the county.
The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the business license to revocation.
Sec.
38-74. - Denial of license.
(a) The finance director shall issue the business license to sell fireworks unless:
(1) The finance director finds in writing that the applicant has failed to provide sufficient or adequate plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article; (2) The finance director finds in writing that the applicant is not in compliance with any of the requirements of this article;
(3) The finance director finds in writing that the applicant falls within section 38-78(c); or
(4) Either the fire district in which jurisdiction the proposed stand will be located or the building inspection division fails to approve the application. (b) Any denial of a license pursuant to this section may be appealed pursuant to the procedures set forth in section 38-79(b).
Sec.
38-75. - Operation of stand.
(a) No person shall sell fireworks to any person under the age of 18 years. (b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28 and shall not continue after 10:00 p.m. on July 5 of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.
(c) No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
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(d) No person other than the individuals who are members of the licensee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.
(e) No person under the age of 18 years shall sell or participate in the sale of fireworks. (f) No person shall be paid any consideration by the licensee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing location of the stand on its property.
(g) Fireworks stands shall be removed from the temporary locations by 12:00 noon on July 18, and all accompanying litter shall be cleared from such locations by that date and time.
(h) All Fireworks stands shall prominently display the key elements of this ordinance at each window of the stands. The posting shall be at least 8.5” X 11” in size and will use language provided by City staff.
Sec. 38-76. - Temporary fireworks stand.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following:
(1) No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point. (2) Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the chief building official, who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons and provided, further, that any electrical installations shall comply with all applicable codes. (3) No stand shall have a floor area in excess of 750 square feet. (4) Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet.
Exit doors shall be not less than 24 inches wide and six feet two inches in height and shall swing in the direction of exit travel.
(5) Each stand shall be provided with two 2½- gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
(6) Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2, or in any other zoning classification if the chief building official certifies in writing to the finance director that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.
Sec. 38-77. - General requirements for licensees.
(a) Fireworks stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.
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(b) All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand. (c) No smoking signs shall be prominently displayed on and in the fireworks stand. (d) Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. (e) All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on July 5 shall be returned to the distributor or wholesaler and removed from the city within ten days. On closing of stands, all litter shall be removed from the premises. (f) No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.
SE
CTION 5. Amendment. Section 38.78 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec 3
8-78 - Host’s liability.
No host shall knowingly allow any person to violate a provision of this chapter on the host’s private property.
(a) The provisions this section shall not apply to:
1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
No hos
t shall aid or abet another person’s violation of a provision of this chapter in a public right of way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this chapter if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.
SE
CTION 6. Amendment. Section 38.79 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-79. - Enforcement.
The division of authority for enforcement of this article shall be as follows:
(1) The chief of any fire protection district or his/her designated representatives shall have authority to enforce this article and issue citations for violations in their respective districts.
(2) The city fire warden shall have authority to enforce this article in any area lying without any fire protection district.
(3) The city fire warden shall have authority to enforce this article in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.
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(4) The Chief of Police and his or her designated officers, staff and or code enforcement officers of the city of Citrus Heights.
Sec.
38-80. - Revocation of license; appeal.
(a) The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates section 38-73(e); 38-75(a), (b) or (e); or 38-77(d). If the revocation occurs between June 22 and July 5, the finance director shall inform the licensee that the licensee may seek review of the finance director's decision by the city manager on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager shall meet with the licensee and the finance director on that day to review the finance director's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (b) of this section shall apply.
(b) The finance director may revoke the license of any licensee who violates any section of this article not specified in subsection (a) of this section. Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director's decision by submitting a written request for review to the city manager.
The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager shall meet with the licensee and the finance director to review the finance director's decision. The decision of the city manager shall be final.
(c) Any licensee whose license has been revoked pursuant to subsection (a) or (b) of this section shall be barred from receiving a license under this article for five years from the date of revocation.
SE
CTION 7. Amendment. Section 38.81 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-81. - Penalty for violation.
(a) A
ny person who allows, permits, aids, or abets any discharge of fireworks (including a public display) without having first obtained a permit therefor from the Fire Marshal, or designee, shall be in violation of this section, unless otherwise permitted by ordinance.
(b) Any person who stores fireworks, including those classified as "safe and sane" by the California State Fire Marshal, except as expressly allowed by this Code, shall be in violation of this section.
(c) Administrative Citation. Upon identification of an unpermitted discharge or illegal storage of fireworks, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge of fireworks. Law enforcement shall notify those responsible persons present at the Agenda Packet Page 17
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unpermitted discharge or illegal storage that further violation of the ordinance may result in the issuance of increased fines and assessment of response costs.
The administrative fines shall be:
1. Seven hundred and fifty dollars for the first administrative citation issued to the responsible person.
2. One thousand dollars for the second and/or each subsequent admi nistrative citation issued to the responsible person.
(d) Upon identification of an unpermitted discharge of fireworks, law enforcement may also issue a written notice to all other identifiable responsible persons not present at the unpermitted discharge of fireworks that a violation of the fireworks ordinance has occurred and that further violations may result in the assessment of response costs. (e) Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. (f) The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation.
(g) Any person who violates this section shall be guilty of a misdemeanor. (h) Response Costs. A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of this ordinance may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. The amount of response costs constitutes a debt owed to the city.
If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person for the unpermitted discharge or illegal storage of fireworks need not be present at the event that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. (i) Notice of the response costs shall be served by first -class mail on the hosts liable for such costs. The notice shall contain the following information:
1. The name of the host who is liable for the response costs;
2. The address of the private property where the incident occurred;
3. The date and time of the response;
4. The law enforcement, fire, or other emergency response personnel who responded
5. An itemized list of the response costs.
(j) Payment for response costs shall be remitted to the city of Citrus Heights within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.
(k) A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs. The appeal hearing shall be scheduled and conducted in the manner prescribed in this chapter.
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(l) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.
(m) Violations of this chapter are hereby declared to be a public nuisance. (n) Any person who violates a provision of this chapter is liable for civil penalties of not less than $750 or more than $25,000 for each day the violation continues. (o) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
(p) Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to city within thirty days from the date of the administrative citation, together with an advance deposit of the fine. le
SECTION 8. Amendment. Section 38.82 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec. 38-82. – Administrative Citation Review.
(a) Any administrative citation fine, or portion thereof, paid pursuant to this chapter shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
1. No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance.
2. An appeal hearing shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed.
3. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.
4. At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation.
5. The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
6. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
7. The hearing officer may continue the hearing and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
8. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation appeal may obtain review of the administrative decision by filing a petition for review with the City Clerk for an appeal to the City Council
SECTION 9. Amendment. Section 38.83-84 of the Citrus Heights Code is hereby amended to read as set forth below:
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Sec. 38-83. - Seizure of fireworks.
The chief or the chief's designee of the fire district in which jurisdiction a fireworks stand is located may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety.
Sec. 38-84. - Concurrent authorities.
This article is not the exclusive regulation for fireworks within the city. This article shall supplement and be in addition to the other regulatory codes, statutes, and ordinances enacted by the county, the state, or any other legal entity or agency having jurisdiction.
Secs. 38-85—38-110. - Reserved.
SECTION 10. Immediate Effect. Consistent with Government Code Section 65858, this ordinance shall take effect immediately and will last for a period of 45 days. The ordinance may be extended further for a period totaling two years pursuant to action of the City Council consistent with the requirements of California Government Code Section 65858.
SECTION 11. Severability. Should any provision of this Ordinance is found to be unenforceable, each such provision shall be severed, and all remaining portions of this Ordinance shall be enforced to the maximum extent legally permissible.
SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 24th day of June 2021 by the following vote:
AYES: Council Members: Bruins, Daniels, Schaefer, Middleton, Miller NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Steve Miller, Mayor
ATTEST:
Amy Van, City Clerk
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ORDINANCE NO. 2021-002
EXT
ENSION OF AN URGENCY ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING CHAPTER 38 OF THE CITRUS HEIGHTS CODE RELATING TO
FIREWORKS
WH
EREAS, the regulation of fireworks is within the purview of the City Council, it is regulated in the Citrus Heights Municipal Code at Chapter 38, Article III.
WH
EREAS, the City Council has authority to modify that ordinance and has chosen to do so to help the City in regulating and enforcing illegal usage of fireworks. The Council exercised that authority by passing Urgency Ordinance No. 2021-001 with a unanimous vote at the City Council meeting on June 24, 2021. That urgency ordinance provides an enforcement tool whereby the social host of an event which ignites illegal fireworks can be cited, whereas the previous ordinance only allowed the city to cite the person who personally used the firework illegally. The urgency ordinance also modifies the hours of usage, the fines associated with illegal usage, and updates the hearing procedures.
WHERE
AS, pursuant to state law, the Urgency Ordinance will expire on August 8, 2021, unless otherwise extended. In light of the ongoing urgency, the City Council herein elects to extend the urgency ordinance by 10 months and 15 days, which is permitted by Government Code Section 65858, subdivision (a).
WH
EREAS, the City Council finds that an urgency ordinance related to fireworks is still needed for the City for its protection and welfare given the unique fire dangers presented by the drought conditions. Moreover, the usage of illegal fireworks in the region is on the rise and this urgency ordinance is critical for the City’s ability to regulate and enforce illegal firework activity.
NOW
THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS DOES ORDAIN AS FOLLOWS:
SECTION 1. Extension . The City Council of the City of Ci trus Heights hereby extends Urgency Ordinance 2 021-001, in its entirety, which relates to t he regulation and enforcement of illegal usage of fireworks for a period of 10 months and 15 days from the end of the first extension, which thereby extends the moratorium to June 23, 2022.
SECTION 2. Immediate Effect . Consistent with Government Code Section 65858, this ordinance shall take effect immediately upon the expiration of Urgency Ordinance 2021-001 (August 8 , 2021) and the existing provisions of the code previously affected by this Ordinance will continue in force unaffected upon the expiration of this time period consistent with Government Code Section 65858 or as amended during thi s time period by the Citrus Heights City Council. The ordinance may be extended further by 10 months and 15 days pursuant to action of the City Council consistent with the requirements of California Government Code Section 65858.
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SECTION 3. Severability. If any portion of this ordinance is found to be unenforceable, each such provision shall be severed, and all remaining portions of this ordinance shall be enforced to the maximum extent legally permissible.
SECTION 4. Certification . The City Clerk shall certify to the passage and adoption of this ordinance as required by law.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 22nd day of July 2021 by the following vote:
AYES: Council Members: Bruins, Schaefer, Middleton, Miller NOES: Council Members: None
ABSENT: Council Members: Daniels
ABSTAIN: Council Members: None
Steve Miller, Mayor
ATTEST:
Amy Van, City Clerk
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ORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING CHAPTER 38
OF THE CITRUS HEIGHTS CODE RELATING TO FIREWORKS
WHEREAS, the regulation of fireworks is within the purview of the City Council, it is regulated in the Citrus Heights Municipal Code at Chapter 38, Article III.
WHEREAS, the City Council has authority to modify that ordinance and is hereby choosing to do so to help the City in regulating and enforcing illegal usage of fireworks. This ordinance provides an enforcement tool whereby the social host of an event which ignites illegal fireworks can be cited, whereas the previous ordinance only allowed the city to cite the person who personally used the firework illegally. The ordinance also modifies the hours of usage, the fines associated with illegal usage, and updates the hearing procedures.
WHEREAS, the City Council finds that a permanent ordinance related to fireworks is needed for the City for its protection and welfare given the unique fire dangers presented by the drought conditions. Moreover, the usage of illegal fireworks in the region is on the rise and these amendments are critical for the City’s ability to regulate and enforce illegal firework activity.
WHEREAS, at the City Council meeting on June 24, 2021, the City Council voted unanimously to adopt Urgency Ordinance No. 2021-001, related to the regulation and enforcement of fireworks in the City. The City Council extended the initial urgency ordinance for an additional 10 months and 15 days, until June 23, 2022, by adopting Ordinance No. 2021- 002 on July 22, 2021. Unless extended, that urgency ordinance will expire on June 23, 2022.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS DOES ORDAIN AS FOLLOWS:
The provisions of Chapter 38 of the City of Citrus Heights Code are amended, as follows:
SECTION 1. Amendment. Section 38.67 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec. 38-67 - Definitions
(a) The term “host” in this Section shall mean any of the following:
An owner of any private residential or non-residential real property in the City; or
Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or
Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.
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(b) The term “strictly liable” in this Section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.
(c)
The term "Response costs" means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unpermitted discharge or illegal storage of fireworks including, but not limited to:
Sal
aries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and
The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and
The
cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpermitted discharge or illegal storage of fireworks.
SE
CTION 2. Amendment. Section 38.68 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-68. - Exception for certain public displays.
Public displays of fireworks may be given with a written permit issued by the fire chief, or the fire chief's designee, of the fire district within which the display is to be given so long as such display takes place under the supervision and direction of a state-licensed operator.
SE
CTION 3. Amendment. Section 38.69 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-69. - Exception for safe and sane fireworks.
It shall not be unlawful to possess, sell within the city those fireworks as are defined and classified as "safe and sane fireworks" in Health and Safety Code § 12500 et seq., during that time period beginning at 12:00 noon on June 28 and ending at 11:00 p.m. on July 5 of the same year.
It shall not be unlawful to use or discharge safe and sane fireworks during either of the following time periods:
Between the hours of noon and 11 p.m. on June 28th, or
Between the hours of 9 a.m. and 11 p.m. from June 29 through July 5 of the same year.
SE
CTION 4. Amendment. Section 38.70 -77 of the Citrus Heights Code is hereby amended to read as set forth below:
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Sec. 38-70. - License to sell required.
It shall be unlawful for any person to sell safe and sane fireworks within the city without a valid business license authorizing such sales.
Sec. 38-71. - Wholesale storage.
The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district in which jurisdiction the storage site is located and the building inspection division. Any such storage is limited to the period from June 1 through July 15 of each year.
Sec. 38-72. - License restricted.
(a) No business license authorizing the sale of safe and sane fireworks shall be issued to any person or group, other than organizations which are exempted from the payment of the bank and corporation tax by Revenue and Taxation Code § 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701l or 23701w, provided that the organization satisfies the following criteria:
(1) It has its principal and permanent meeting place in the city; (2) It has been organized and established in the city for a continuous period of at least one year immediately preceding the application for a permit; and (3) It has a bona fide membership of at least 20 members. (b) No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.
(c) Business licenses authorizing the sale of safe and sane fireworks shall not be transferable to another organization.
(d) Transfer of temporary stands from the location for which the license was initially issued may be made, provided that the application is made to the finance director on or before June 1, and provided, further, that any such location change has been approved in writing by the fire district having jurisdiction and the chief building official and otherwise complies with all sections of this article regulating the location of temporary fireworks stands.
Sec. 38-73. - License application.
(a) Each application for a business license to sell fireworks shall be in writing to the finance director on forms supplied by the city. Applications shall be received and filed with the finance director on or before the second Tuesday in April of each year.
Applications shall:
(1) Specify the proposed location of the fireworks stand; (2) Specify the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored;
(3) Contain such other information as may be required by the finance director; and
(4) Be accompanied by an application fee in the amount of $25.00. (b) The application shall be made in triplicate. The original of the application shall be retained by the finance director, one copy shall be transmitted to the fire district in which Agenda Packet Page 25
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jurisdiction the proposed fireworks stand will be located, and one copy shall be sent to the building inspection division.
(c) The applicant for a license shall be notified by the finance director of the tentative approval or denial of the application for a business license by the first Monday in May of each year. Within two weeks of the notification of the tentative approval of the business license, the applicant shall furnish to the finance director evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury, contractual liability, independent contractors, and products/completed operations, with a combined single limit for bodily injury and property damage of $1,000,000.00. The insurance policy shall designate the city, its officers, agents, employees and volunteers as additional insureds as to products, premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the city shall apply in excess of, and not contribute with, insurance provided by the applicant. The risk manager shall be the certificate holder. For nonrenewal or cancellation of the insurance policy, 30 days' advance notice shall be provided to the finance director. The insurance policy shall be limited to the specific location for which the business license is issued. The finance director shall issue the license to the applicant upon the presentation of required proof of insurance.
(d) A copy of the business license shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located. (e) The continued validity of any business license issued pursuant to this article shall be subject to the requirement that at least one of the responsible adults listed in the licensee's application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by a fire department or fire district within the county.
The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the business license to revocation.
Sec. 38-74. - Denial of license.
(a) The finance director shall issue the business license to sell fireworks unless:
(1) The finance director finds in writing that the applicant has failed to provide sufficient or adequate plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article; (2) The finance director finds in writing that the applicant is not in compliance with any of the requirements of this article;
(3) The finance director finds in writing that the applicant falls within section 38-78(c); or
(4) Either the fire district in which jurisdiction the proposed stand will be located or the building inspection division fails to approve the application. (b) Any denial of a license pursuant to this section may be appealed pursuant to the procedures set forth in section 38-79(b).
Sec. 38-75. - Operation of stand.
(a) No person shall sell fireworks to any person under the age of 18 years.
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(b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28 and shall not continue after 10:00 p.m. on July 5 of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.
(c) No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
(d) No person other than the individuals who are members of the licensee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.
(e) No person under the age of 18 years shall sell or participate in the sale of fireworks. (f) No person shall be paid any consideration by the licensee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing location of the stand on its property.
(g) Fireworks stands shall be removed from the temporary locations by 12:00 noon on July 18, and all accompanying litter shall be cleared from such locations by that date and time.
(h) All Fireworks stands shall prominently display the key elements of this ordinance at each window of the stands. The posting shall be at least 8.5” X 11” in size and will use language provided by City staff.
Sec. 38-76. - Temporary fireworks stand.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following:
(1) No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point. (2) Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the chief building official, who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons and provided, further, that any electrical installations shall comply with all applicable codes. (3) No stand shall have a floor area in excess of 750 square feet. (4) Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet.
Exit doors shall be not less than 24 inches wide and six feet two inches in height and shall swing in the direction of exit travel.
(5) Each stand shall be provided with two 2½- gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
(6) Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2, or in any other zoning classification if the chief building official certifies in writing to the finance director that the operation of a fireworks Agenda Packet Page 27
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location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.
Sec. 38-77. - General requirements for licensees.
(a) Fireworks stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.
(b) All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand. (c) No smoking signs shall be prominently displayed on and in the fireworks stand. (d) Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. (e) All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on July 5 shall be returned to the distributor or wholesaler and removed from the city within ten days. On closing of stands, all litter shall be removed from the premises. (f) No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.
SECTION 5. Amendment. Section 38.78 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec 38-78 - Host’s liability.
No host shall knowingly allow any person to violate a provision of this chapter on the host’s private property.
(a) The provisions of this section shall not apply to:
1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
No host shall aid or abet another person’s violation of a provision of this chapter in a public right of way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this chapter if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.
SECTION 6. Amendment. Section 38.79 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec. 38-79. - Enforcement.
The division of authority for enforcement of this article shall be as follows:
(1) The chief of any fire protection district or his/her designated representatives shall have authority to enforce this article and issue citations for violations in their respective districts.
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(2) The city fire warden shall have authority to enforce t his article in any area lying without any fire protection district.
(3) The city fire warden shall have authority to enforce this article in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.
(4) The Chief of Police and his or her designated officers, staff and or code enforcement officers of the city of Citrus Heights.
Sec. 38-80. - Revocation of license; appeal.
(a) The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates section 38-73(e); 38-75(a), (b) or (e); or 38-77(d). If the revocation occurs between June 22 and July 5, the finance director shall inform the licensee that the licensee may seek review of the finance director's decision by the city manager on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager shall meet with the licensee and the finance director on that day to review the finance director's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (b) of this section shall apply.
(b) The finance director may revoke the license of any licensee who violates any section of this article not specified in subsection (a) of this section. Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director's decision by submitting a written request for review to the city manager.
The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager shall meet with the licensee and the finance director to review the finance director's decision. The decision of the city manager shall be final.
(c) Any licensee whose license has been revoked pursuant to subsection (a) or (b) of this section shall be barred from receiving a license under this article for five years from the date of revocation.
SECTION 7. Amendment. Section 38.81 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec. 38-81. - Penalty for violation.
(a) Any person who allows, permits, aids, or abets any discharge of fireworks (including a public display) without having first obtained a permit therefor from the Fire Marshal, or designee, shall be in violation of this section, unless otherwise permitted by ordinance.
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(b) Any person who stores fireworks, including those classified as "safe and sane" by the California State Fire Marshal, except as expressly allowed by this Code, shall be in violation of this section.
(c) Administrative Citation. Upon identification of an unpermitted discharge or illegal storage of fireworks, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge of fireworks. Law enforcement shall notify those responsible persons present at the unpermitted discharge or illegal storage that further violation of the ordinance may result in the issuance of increased fines and assessment of response costs.
The administrative fines shall be:
1. Seven hundred and fifty dollars ($750.00) for the first administrative citation issued to the responsible person.
2. One thousand dollars ($1,000.00) for the second and/or each subsequent administrative citation issued to the responsible person. (d) Upon identification of an unpermitted discharge of fireworks, law enforcement may also issue a written notice to all other identifiable responsible persons not present at the unpermitted discharge of fireworks that a violation of the fireworks ordinance has occurred and that further violations may result in the assessment of response costs. (e) Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. (f) The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation.
(g) Any person who violates this section shall be guilty of a misdemeanor. (h) Response Costs. A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of this ordinance may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. The amount of response costs constitutes a debt owed to the city.
If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person for the unpermitted discharge or illegal storage of fireworks need not be present at the event that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon responsible persons. (i) Notice of the response costs shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:
1. The name of the host who is liable for the response costs;
2. The address of the private property where the incident occurred;
3. The date and time of the response;
4. The law enforcement, fire, or other emergency response personnel who responded
5. An itemized list of the response costs.
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(j) Payment for response costs shall be remitted to the city of Citrus Heights within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.
(k) A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs. The appeal hearing shall be scheduled and conducted in the manner prescribed in this chapter. (l) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.
(m) Violations of this chapter are hereby declared to be a public nuisance. (n) Any person who violates a provision of this chapter is liable for civil penalties of not less than $750 or more than $25,000 for each day the violation continues. (o) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
(p) Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to city within thirty days from the date of the administrative citation, together with an advance deposit of the fine. (q) Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to city within thirty days from the date of the administrative citation, together with an advance deposit of the fine.
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CTION 8. Amendment. Section 38.82 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec.
38-82. – Administrative Citation Review.
(a) Any administrative citation fine, or portion thereof, paid pursuant to this chapter shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
1. No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance.
2. An appeal hearing shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed.
3. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.
4. At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation.
5. The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
6. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
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7. The hearing officer may continue the hearing and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
8. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation appeal may obtain review of the administrative decision by filing a petition for review with the City Clerk for an appeal to the City Council
SECTION 9. Amendment. Section 38.83-84 of the Citrus Heights Code is hereby amended to read as set forth below:
Sec. 38-83. - Seizure of fireworks.
The chief or the chief's designee of the fire district in which jurisdiction a fireworks stand is located may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety.
Sec. 38-84. - Concurrent authorities.
This article is not the exclusive regulation for fireworks within the city. This article shall supplement and be in addition to the other regulatory codes, statutes, and ordinances enacted by the county, the state, or any other legal entity or agency having jurisdiction.
Secs. 38-85—38-110. - Reserved.
SECTION 10. Severability. If any provision of this Ordinance is found to be unenforceable, each unenforceable provision shall be severed, and all remaining portions of this Ordinance shall be enforced to the maximum extent legally permissible.
SECTION 11. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption, provided it is published in full or in summary within fifteen (15) days of its adoption, in a newspaper of general circulation published and circulated in the City of Citrus Heights.
SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 14th day of April 2022 by the following vote:
AYES: Council Members: Bruins, Schaefer, Middleton
NOES: Council Members: Daniels, Miller
ABSENT: Council Members: None
ABSTAIN: Council Members: None
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Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
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CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE: Apr
il 28, 2022
TO: May
or and City Council Members
Ashley J. Feeney, City Manager
FROM: R
egina Cave, General Services Director
Leslie Blomquist, City Engineer
Hunter Young, Principal Civil Engineer
SUBJEC
T: San Juan Avenue Complete Streets Project Phase 1
Federal Project STPL 5475 (046), City PN 15-21-001
Approval of Contract Amendment No. 1
Summary and Recommendation
On May 27, 2021, t
he City Council authorized an Agreement for Professional Services (Agreement) with Bennett Engineering Services, Inc. (Bennett) to provide engineering services for the Project Approval and Environmental Document (PA/ED) phase of the San Juan Complete Streets Phase 1 Project (Project). At that time, staff informed the City Council that a contract amendment would be required upon completion of environmental studies and prior to final design.
Over t
he past year, the design team supported the City in obtaining environmental clearance (NEPA document) through Caltrans staff and is prepared to begin final design services subject to approval of a contract amendment. Staff negotiated the scope and fee of $136,908.49 for Contract Amendment No. 1 to provide final design, additional right-of-way engineering support, and construction support.
Staf
f recommends the City Council adopt Resolution No. 2022-____ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1.
Fiscal Impact
The cur
rent not-to-exceed fee for preliminary design, environmental documents, and preliminary right- of-way (ROW) phases is $306,499.70. Proposed Amendment No. 1 will increase the not-to-exceed fee for professional services by $136,908.49 to a total of $443,408.19.
Propose
d Amendment No. 1 will be financially supported through a combination of Measure A Capital Pedestrian Safety funds (Fund 310) and Transportation Development Act (TDA) Bicycle/Pedestrian funds (212).
Item 10
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Subject: San Juan Avenue Complete Streets Project Phase 1 - Approval of Contract Amendment #1 Date: April 28, 2022
Background and Analysis
In 2019, th
e City submitted a successful funding application to SACOG’s State of Good Repair funding program to begin a major rehabilitation and complete streets project on San Juan Avenue. The funding award provides $2,000,000 in grant funds to design improvements from Madison Avenue to Spicer Drive and construct improvements from Madison Avenue to Chesline Drive. In November 2020, the City received Caltrans authorization to proceed with the Project and subsequently retained Bennett Engineering Services in May 2021.
With e
nvironmental studies complete, the design team is prepared to begin final design, acquire minor right of way, and proceed toward construction. The full scope of the Project includes localized pavement repair, full asphalt concrete overlay, repair of deteriorated curb, gutter and sidewalk, infill asphalt pedestrian paths (connecting existing sidewalk on the east side), buffered class II bike lanes, ADA improvements, transit stop improvements (bus stop shelter improvements), and streetlights at side street intersections and other key points.
Ame
ndment No. 1 to the Agreement (Attachment 2) with Bennett will provide the additional scope to complete the aforementioned items, and obtain the required right-of-way certification necessary to move the Project into construction.
This
project aligns with the City Council’s three-year strategic planning goal to Maintain Public Infrastructure and Enhance Alternative Modes of Transportation.
Attachments
1) Resolution No. 2022-____ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 1 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1.
2) Amendment No. 1 to the agreement for professional services between the City of Citrus Heights and Bennett Engineering Services, Inc. for the San Juan Avenue Complete Streets Project Phase 1.
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RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CITRUS HEIGHTS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH BENNETT ENGINEERING SERVICES, INC. FOR THE SAN JUAN AVENUE COMPLETE STREETS PROJECT PHASE 1
WHE
REAS, in August 2019 the City was notified of a successful Sacramento Area Council of Governments (SACOG) State of Good Repair (SGR) funding request to design and construct the first phase of the San Juan Avenue Complete Streets Project (Project); WHE
REAS, in November 2020 Caltrans authorized the city to proceed with the preliminary engineering and environmental documentation phase of the project; WHE
REAS, in March 2021, the City issued a Request for Propos als (RFP) seeking a qualified firm to provide the necessary engineering services for the Project; WHE
REAS, on May 27, 2021, the City Council of the City of Citrus Heights, California authorized execution of an agreement with Bennett Engineering Services, Inc. in the amount of $306,499.70 for preliminary engineering and environmental clearance of the Project; WHE
REAS, the City wishes to amend the agreement to provide additional professional services in the amount of $136,908.49 increasing the total not-to-exceed contract fee to $443,408.19; and WHE
REAS, the proposed professional services will be paid for using a combination of Measure A Capital Pedestrian Safety funds (Fund 310) and Transportation Development Act (TDA) Bicycle/Pedestrian funds (212).
NOW, T
HEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights, the City Manager is hereby authorized to execute Contract Amendment No. 1, in the amount not to exceed $136,908.49, for the Project.
The
City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASS
ED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 28th day of April, 2022 by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Pors che Middleton, Mayor
ATTEST:
_________________________________
Am
y Van, City Clerk
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AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL
SERVICES FOR THE SAN JUAN AVENUE COMPLETE STREETS PROJECT PHASE 1 BETWEEN THE CITY OF CITRUS HEIGHTS AND
BENNETT ENGINEERING SERVICES, INC.
This Amendment No. 1 (the “Contract Amendment No. 1”) is entered into by and between the City of Citrus Heights (“City”), a municipal corporation in the State of California, and Bennett Engineering Services, Inc. (“Consultant”), as of , 2022.
RECI
TALS
WHEREAS, the City and Consultant previously entered into that Contract for Professional Design Services for preliminary design and environmental services of the San Juan Avenue Complete Streets Project Phase 1 (“Project”) dated July 14, 2021 (the “Agreement”); WHE
REAS, the City and Consultant now wish to execute Contract Amendment No. 1 to provide additional professional services for the final design phase of the Project (the “Additional Work”); and WHE
REAS, the City and Consultant also agree to increase the maximum compensation allowed under the Agreement by one hundred thirty-six thousand, nine hundred eight dollars and forty-nine cents ($136,908.49), for an amended not-to-exceed total compensation of four hundred forty-three thousand, four hundred eight dollars and nineteen cents ($443,408.19).
NOW, TH
EREFORE, the City and Consultant agree as follows:
1. Int
roduction. The City and Consultant agree to modify the Agreement to include the Additional Work. Article I, Section A of the Agreement, “INTRODUCTION,” is hereby amended to read as follows:
“A.
The work to be performed under this contract is described in Article III entitled Statement of Work and the approved CONSULTANT’s Cost Proposals dated May 17, 2021 and April 1, 2022. The approved CONSULTANT’s Cost Proposals are attached hereto as Attachments No. 1 and 1A, and incorporated by reference. If there is any conflict between the approved Proposals and this contract, the contract shall take precedence.”
2. St
atement of Work. The City and Consultant agree to modify the Agreement to include the Additional Work. The first paragraph of Article III, of the Agreement, “STATEMENT OF WORK,” is hereby amended to read as follows:
“S
ubject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to CITY the services described in the Scope of Work attached as Attachments No. 2 and 2A, and incorporated herein, at the time and place and in the manner specified therein.”
3. Per
formance Period. The City and Consultant agree to modify the Agreement to include the Additional Work. The first paragraph of Article IV, of the Agreement, “PERFORMANCE PERIOD,” is hereby amended to read as follows:
“T
his AGREEMENT shall go into effect on May 27, 2021, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by Agenda Packet Page 37
LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on December 31, 2025, unless extended by AGREEMENT amendment.”
4. Compensation. City and Consultant also agree to increase the maximum compensation allowed under the Agreement by one hundred thirty-six thousand, nine hundred eight dollars and forty-nine cents ($136,908.49). Article V of the Agreement “ALLOWABLE COSTS AND PAYMENTS”, is hereby amended to read as follows:
“C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $8,105.63. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.”
“I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $443,408.19.”
5. Exhibits. The Additional Work described under Sections 1 and 2 of this Amendment and the fee estimate of such work described under Section 4 of this Amendment are attached hereto as Attachments 1A and 2A to the Agreement.
6. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect, including but not limited to, the terms and conditions regarding timing of payment, insurance and indemnification, and standard of care.
CITY OF CITRUS HEIGHTS
By: Date:
Ashley J. Feeney, City Manager
Attest
Amy Van, City Clerk
Approved as to Form
Ryan Jones, City Attorney
BENNETT ENGINEERING SERVICES, INC.
By: Date:
Title:
Agenda Packet Page 38
COST PROPOSAL
Staff Classification
Staff Person Proposed
Initial Hourly Rate
Task 1 ‐ Project Management
1.1 ‐ Meetings, Field Review and Project Coordination 8 hrs $1,757.73 $0.00 $0.00 $0.00 $1,757.73
1.2 ‐ Project Schedule hrs $0.00 $0.00 $0.00 $0.00 $0.00
1.3 ‐ Agency Coordination and Funding Documents hrs $0.00 $0.00 $0.00 $0.00 $0.00
1.4 ‐ Monthly Invoices and Status Reports hrs $0.00 $0.00 $0.00 $0.00 $0.00
1.5 ‐ Quality Control Plan hrs $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal 8 hrs $1,757.73 $0.00 $0.00 $0.00 $1,757.73
Task 2 ‐ Advance Preliminary Engineering and Research
2.1 ‐ Preliminary Assessment hrs $0.00 $0.00 $0.00 $0.00 $0.00
2.2 ‐ Topographic Surveying and Base Mapping hrs $0.00 $0.00 $0.00 $0.00 $0.00
2.3 ‐ Right of Way Mapping / Plats and Legals hrs $0.00 $2,000.00 $0.00 $0.00 $2,000.00
2.4 ‐ Geotechnical Pavement Assessment hrs $0.00 $0.00 $0.00 $0.00 $0.00
2.5 ‐ Advanced Preliminary Design Plans and Cost Estimate (35%) hrs $0.00 $0.00 $0.00 $0.00 $0.00
2.6 ‐ Right of Way Exhibit 16 hrs $2,201.54 $0.00 $0.00 $0.00 $2,201.54
2.7 ‐ Utility Verification (Letter A) hrs $0.00 $0.00 $0.00 $0.00 $0.00
2.8 ‐ Conflict Resolution Plan (Letter B) hrs $0.00 $0.00 $0.00 $0.00 $0.00
2.9 ‐ Notifying the Owners (Letter C) hrs $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal 16 hrs $2,201.54 $2,000.00 $0.00 $0.00 $4,201.54 Task 5 ‐ Right of Way Negotiation / Acquisition Services
5.1 ‐ Permit to Enter Coordination hrs $0.00 $0.00 $6,000.00 $0.00 $6,000.00
5.2 ‐ Appraisal and Right of Way Acquisition hrs $0.00 $0.00 $12,430.00 $0.00 $12,430.00
5.3 ‐ Caltrans ROW Certification hrs $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal hrs $0.00 $0.00 $18,430.00 $0.00 $18,430.00
Task 6 ‐ Plans, Specifications, and Estimates (PS&E)
6.1 ‐ 65% PS&E 260 hrs $39,467.96 $0.00 $0.00 $15,196.56 $54,664.52
6.2 ‐ 95% PS&E 148 hrs $22,496.62 $0.00 $0.00 $9,470.00 $31,966.62
6.3 ‐ Final PS&E 92 hrs $14,661.55 $0.00 $0.00 $0.00 $14,661.55 Subtotal 500 hrs $76,626.13 $0.00 $0.00 $27,316.56 $103,942.69 Task 7 ‐ Bidding Assistance and Construction Support (for Phase 1A Only)
7.1 ‐ Bidding Assistance 6 hrs $980.46 $0.00 $0.00 $0.00 $980.46
7.2 ‐ Review of Bid Results 6 hrs $980.46 $0.00 $0.00 $0.00 $980.46
7.3 ‐ Construction Support 28 hrs $4,530.49 $0.00 $0.00 $0.00 $4,530.49
7.4 ‐ Record As‐Built Drawings 16 hrs $2,085.12 $0.00 $0.00 $0.00 $2,085.12 Subtotal 56 hrs $8,576.53 $0.00 $0.00 $0.00 $8,576.53
LABOR SUBTOTAL 580 hrs $89,161.93 $2,000.00 $18,430.00 $27,316.56 $13 6,908.49 Client: City of Citrus Heights
Consultant: Bennett Engineering Services Inc
Project: San Juan Avenue Rehabilitation and Complete Streets (Phase 1) Project Date: April 1, 2022
TOTALTotal
Hours
TOTAL
LABOR COST
BEN|EN Subtotal
UNICO Y&CINTERWEST
C:\Users\jrenteria\Desktop\SAN JUAN PROPOSAL\21309‐Proposal‐Task Based Fee Estimate 10‐H_Phase 2_20220126.xlsx Page 1 of 1 ATTACHMENT 1A
Agenda Packet Page 39
City of Citrus Heights
San Juan Avenue Rehabilitation and Complete Streets (Phase 2) Project
Exhibit A: Scope of Services
Client: Citrus Heights
Consultant: Bennett Engineering Services Inc
Project: San Juan Avenue Rehabi litation and Complete Streets (Phase 2) Date: April 1, 2022
Consultant’s services shall be limited to those expressly set forth below, and Consultant shall have no other obligations or responsibilities for the Project or to the Client except as agreed to in writing or as provided in this Agreement. All of Consultant’s services in any way related to the Project or Client shall be subject to the terms of this Agreement.
To complete the construction design pl ans
for San Juan Avenue Rehabilitation and Complete Streets (Phase 2) Project, the Project Team is proposing the following Scope of Work:
TASK 6. Plans, Specifications, and Estimates (PS&E)
BEN|EN will provide two separate PS&E packages as follows:
1. Phase 1A: San Juan Avenue from Madison to Chesline Dr
2. Phase 1B: San Juan Avenue from Chesline Dr to Spicer Dr Each package will include the corresponding electrical design. The electrical design will be based on the following:
Y&C will obtain electronic base plan and as‐built signal and lighting plans from BES. Y&C will verify as‐built plans in the field. Y&C will use VISUAL software to layout ultimate street lights on San Juan Avenue from Madison Avenue to Spicer Drive. Based on the obtained information, Y&C will prepare traffic signal and lighting PS&E for both Phase 1A (Madison to Chesline) and Phase 1B (Chesline to Spicer) projects. The PS&E will include traffic signal modifications (upgrading to video detection) at the San Juan Ave/Madison Ave and San Juan Ave/Chesline Drive intersections, street light installation where curb, gutter, and sidewalks are constructed, and installation of empty conduits for future fiber optic signal interconnect. All electrical plans will be included with the roadway plans for all the submittals.
Subtask 6.1. 65% PS&E
BEN|EN will prepare and submit 65% plans, specifications and estimates to the City for review and comment. Electrical plans will also be submitted to SacDOT for review. Previous review comments received from the City will be tabulated; responses will be addressed and incorporated on the project plans as necessary. The Project Team will include a complete set of construction drawings including but not limited to the following:
Title Sheet
Legend/Abbreviations
Typical Cross Sections
Roadway Layout
Construction and Grading Details
Drainage Profiles
Utility Relocation Plans
Retaining Wall Profiles
Pavement Delineation Plans
Traffic Signal Plans
Lighting/
Electrical Plans
Fiber Optic Interconnect Plans
Deliverables: pdf and six (6) copies of Plans (three (3) 11”x17” and three (3) 22”x34”), Specifications and Estimate. Technical memorandum for Traffic Signal Upgrades, Water Quality Memo, and Drainage Design Memo.
Assumptions: CHWD and SASD will request relocation of their facilities be included with the project PS&E.
ATTACHMENT 2A
Agenda Packet Page 40
Exhibit A: Scope of Services
San Juan Avenue Rehabilitation and Complete Streets
City of Citrus Heights
San Juan Avenue Rehabilitation and Complete Streets (Phase 2) Project Page 2 of 2 Subtask 6.2. 95
% PS&E
BEN|EN will prepare and submit 95% plans, specifications and estimates to the City for review and comment. Previous review comments received from the City will be tabulated; responses will be addressed and incorporated on the project plans as necessary.
Deliverables: pdf and six (6) copies of Plans (three (3) 11”x17” and three (3) 22”x34”), Specifications and Estimate.
Subtask 6.3. Final PS&E
BEN|EN will prepare and submit plans, specifications and estimates to the City for final review. Previous review comments received from the City will be tabulated; responses will be addressed and incorporated on the project plans as necessary.
Upon verification of all comments incorporated into the Final submittal, our team will provide a stamped PS&E copy.
Additional revisions to Final PS&E set will be done as part of an amendment if required at this phase of the project.
Deliverables: Final plan submittal will be stamped and signed by a CA registered PE and include pdf and six (6) copies of Plans (three (3) 11”x17” and three (3) 22”x34”), Specifications and Estimate. Technical memorandum for Traffic Signal Upgrades, Water Quality Memo, and Drainage Design Memo.
TASK 7. Bidding Assistance and Construction Support (for Phase 1A Only) Bidding Assistance and Construction Support will be provided for both the Joint Trench and Roadway construction packages.
Subtask 7.1. Bidding Assistance
We will attend pre‐bid meeting and help address any Request for Information (RFI) the contractors might have during meeting. We will then summarize the response to questions and prepares and addenda document to ensure that information provide in the meeting is documented and made available thru an addendum is necessary.
Deliverables: Correspondence and addenda to contract documents Subtask 7.2. Review of Bid Results
We will assist City staff in reviewing bids received for responsiveness and reasonableness.
Deliverables: Review Memorandum of Bids
Subtask 7.3. Construction Support
We will attend the pre‐construction meeting and help address any questions the contractor might have regarding the plans prior to them breaking ground. BEN|EN will work closely with the City’s construction management (CM) team. We will assist City staff to review shop drawings submittals, address any RFI’s that come up during construction, and provide recommendations to City and CM about change order requests.
Deliverables: Agenda & Meeting Minutes, Responses to RFIs, Submittal Reviews, recommendations about change orders Subtask 7.4. Record As‐Built Drawings
We will prepare as‐built record drawings both in electronic and hard copy format.
Deliverables: Two (2) copies of final as built drawings 22” x 34”, and electronic pdf format.
Agenda Packet Page 41
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CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE: April 28, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Regina Cave, General Services Director
Leslie Blomquist, City Engineer
Hunter Young, Principal Civil Engineer
SU
BJECT: 2022 Residential Street Resurfacing Project
Reject All Bids and Authorize Staff to Re-Bid
Summary and Recommendation
On April 6, 2022, the City opened bids for the 2022 Residential Street Resurfacing Project (Project). Vintage Paving Company, Inc., the only bidder, submitted a bid in the amount of $2,953,325.00. While compliant with the contract documents as the lowest responsive and responsible bid, the bid amount exceeds the engineer’s estimate of $2,200,000 by 34%.
St
aff contacted local contractors who previously bid other city projects to better understand the current market conditions. It is believed that the high bid received is the result of a strong bidding climate in which contractors are extremely busy and do not have availability to commit to another project should they be awarded a contract. As a secondary measure, albeit to a lesser degree, material supply chain impacts and inflation are also partly responsible for the escalation in contractor pricing.
St
aff recommends the City Council approve Resolution No. 2022-___, a Resolution of the City Council of the City of Citrus Heights, California, rejecting all bids for construction of the 2022 Residential Street Resurfacing Project and authorizing staff to re-advertise the project.
Fiscal Impact
There is no fiscal impact associated with this action.
Background and Analysis
St
reets are selected for resurfacing on a priority basis using the city’s computerized pavement management system and staff’s inspection of streets. The program coordinates and prioritizes various elements of pavement maintenance and types of resurfacing based on various factors Item 11
Agenda Packet Page 42
Subject: 2022 Residential Street Resurfacing Project
Date: April 28, 2022
Printed on Recycled Paper
including surface and structural condition, traffic volume, costs, and historical repairs. The streets in this project were selected to be resurfaced because of the level of deterioration in the pavement.
The Project will perform localized pavement repair and overlays on a minimum of 17 streets.
Installation of necessary curb ramps to comply with ADA requirements, miscellaneous concrete, and drainage repairs are included in the Project.
Construction bids were received for the Project on April 6, 2022. One bid was received which exceeds the engineer’s estimate by 34%. Staff contacted local contractors who previously bid other city projects to better understand the current market conditions. It is believed that the high bid received is the result of a strong bidding climate in which contractors are extremely busy and do not have availability to commit to another project should they be awarded a contract. As a secondary measure, albeit to a lesser degree, material supply chain impacts and inflation are also partly responsible for the escalation in contractor pricing.
Staff has determined the best approach is to reject the bid and re-advertise the project to receive bids which more nearly align with the Project budget.
Attachments
1. Resolution 2022-____ a Resolution of the City Council of the City of Citrus Heights, California, rejecting all bids for construction of the 2022 Residential Street Resurfacing Project and authorizing staff to re-advertise the project.
Agenda Packet Page 43
Printed on Recycled Paper
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,
CALIFORNIA, REJECTING ALL BIDS FOR CONSTRUCTION OF THE
2022 RESIDENTIAL STREET RESURFACING PROJECT AND
AUTHORIZING STAFF TO RE-ADVERTISE THE PROJECT
WHEREAS, bids for construction of the 2022 Residential Street Resurfacing Project (Project) were received on April 6, 2022;
WH
EREAS, the lowest bid received exceeds the total available funding for said Project;
WH
EREAS, staff recommends all bids for the Project be rejected; and WH
EREAS, City staff will reconsider the timing of re -advertising the Project to solicit multiple bids.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights as follows,
1. All bids for construction of the 2022 Residential Street Resurfacing Project are hereby rejected.
2. City staff is authorized to re-advertise the Project.
The City Clerk shall certify the pass a ge and adoption of this Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 28th day of April, 2022 by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
Agenda Packet Page 44
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CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE
: April 28, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Jason Baldwin, Lieutenant
SU
BJECT: AB 481- Military Equipment Policy for the Police Department Summary and Recommendation
Assembly Bill 481 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance prior to the LEA funding, acquiring, or using military equipment.
The
Citrus Heights Police Department (CHPD) seeks City Council adoption of the attached Military Equipment Use Policy – Lexipol Policy 706, in order to allow CHPD to continue to use the vital equipment specified therein. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the CHPD.
On M
arch 24, 2022, the proposed policy and associated ordinance was included in your council agenda packet, “Item 13.” The proposed policy has remained the same since then.
St
aff recommends the City Council introduce for a First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-_____, An Ordinance of the City of Citrus Heights, California, Adopting a Military Equipment Policy of the City of Citrus Heights, California Governing the Use of Military Equipment.
Fiscal Impact
Th
ere are no new fiscal impacts associated with this ordinance.
Item 12
Agenda Packet Page 45
Subject:
Date: April 28, 2022
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Background and Analysis
The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers and flashbangs.
CHPD is committed to using the most up to date tools and equipment to safeguard the citizens of Citrus Heights. Many of items deemed to be “military equipment” by AB 481 are in fact employed by CHPD, and LEA’s across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide CHPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.
Other items deemed to be “military equipment” via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision. Citrus Heights Police officers have faced gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect the officers and community. The protection with ballistic equipment allows for more time and opportunity to attempt to deescalate situations and provide for safer tactics to resolve life threatening events in the safest way possible.
There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to CHPD’s mission and will continue to be strictly regulated through internal processes and oversight. The proposed ordinance seeks to approve the CHPD’s Lexipol Policy 706, which constitutes CHPD’s Military Equipment Use Policy. Lexipol 706 outlines each item identified in Government Code section 7070, that is currently owned by the City or items that the City may acquire in the future.
The proposed policy provides a maximum number of each type of military equipment that CHPD may acquire, use, deploy, and maintain at any given time. The policy does not include the current inventory that CHPD maintains as of today. The current inventory will be periodically provided to City Council in the annual report as is required in AB 481.
The proposed Lexipol policy safeguards the public’s welfare, safety, civil rights and civil liberties. The policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place. Violations of Lexipol policy 706 will be corrected when discovered. Members of the public will be provided direction per the policy on how to register complaints for violations through the appointment of a Special Equipment Coordinator. All items which result in a use of force will be investigated, as is already required by existing CHPD Agenda Packet Page 46
Subject:
Date: April 28, 2022
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policy. Additionally, there are no reasonable alternatives to the items listed below. CHPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.
Attachments
1. Ordinance Adopting an Equipment Use Policy per CA Assembly Bill No. 481
2. Citrus Heights Police Lexipol Policy #706
Agenda Packet Page 47
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT
POLICY OF THE CITY OF CITRUS HEIGHTS , CALIFORNIA
GOVERNING THE USE OF MILITARY EQUIPMENT
THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Citrus Heights Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment;
WHEREAS, AB 481 requires , inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the p olicy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
WHEREAS, the proposed Military Equipment Use Policy (“Policy”) will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance;
WHEREAS, the Police Department has s ubmitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Agenda Packet Page 48
Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue;
WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d);
WHEREAS, the City Council of the City of Citrus Heights , having received the information required under AB 481 regarding the Citrus Heights Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Policy.
WHEREAS, all legal prerequisites prior to the adoption of this O rdinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS HERBY ORDAINS AS FOLLOWS:
Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.
SECTION 2: Approval of Military Equipment Policy.
Military Equipment Policy.
(a) The Military Equipment Policy shall govern the use of military equipment by the Citrus Heights Police Department.
(b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council.
(c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d).
(d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2).
(e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.
Section 3: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
Agenda Packet Page 49
Section 4: Inconsistencies. Any provision of the Citrus Heights Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 5: Uncodified Ordinance. This Ordinance shall not be codified in the Citrus Heights Municipal Code unless and until the City Council so ordains.
Section 6: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not af fect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.
Section 7: Effective Date. This Ordinance shall become effective thirty ( 30) days following from its adoption.
Section 8: Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.
APPROVED AND ADOPTED on this __ day of ____, 2022.
_________________________
____________, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ________________________ ____________, City Clerk ____________, City Attorney
Agenda Packet Page 50
STATE OF CALIFORNIA )
COUNTY OF [NAME] ) ss
CITY OF [NAME] )
I, ______, CITY CLERK of the City of Citrus Heights , California, do hereby certify that the foregoing urgency ordinance was regularly introduced and adopted by the City Council of the City of Citrus Heights , California, at a regular meeting thereof held on the ____ day of ___, 2022, by the following vote of the City Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and aff ixed the seal of the City of [NAME] this __ day of ___, 2022.
__________________________
_________________, City Clerk
Agenda Packet Page 51
Copyright Lexipol, LLC 2022/01/24, All Rights Reserved.
Published with permission by Lexipol California
Military Equipment - 1
Lexipol California
CA LE Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Citrus Heights Police Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive i n nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long- range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Policy
706
Agenda Packet Page 52
Lexipol California
CA LE Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/01/24, All Rights Reserved.
Published with permission by Lexipol California
Military Equipment - 2
706.2 POLICY
It is the policy of the Citrus Heights Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.
706.3 SPECIFIC EQUIPMENT COORDINATOR
The Chief should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all equipment defined as military per the government code or requiring additional oversight by council direction at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Citrus Heights Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief and ensuring that the report is made available on the departments website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Citrus Heights Police Department:
1.) Unmanned Aircraft System (UAS); an unmanned aircraft along with associated equipment necessary to control it remotely.
a.) Description, quantity, purchase cost and capabilities:
i.) DJI MAVIC MINIS, estimated cost of $500 each, quantity not to exceed 4, ability to record video/audio and provide live video stream to operators. ii.) DJI INSPIRE 1 with FLIR camera system, estimated cost of $1,200 each, quantity not to exceed 2, ability to record video/ audio and provide live video stream to operators with Agenda Packet Page 53
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nighttime capabilities.
iii.) DJI MAVIC ENTERPRISE DUALS, estimated cost of $5,500, quantity not to exceed 4, ability to record video/audio and provide live video stream to operators. iv.) AUTO EVO II, estimated cost of $1,200, quantity not to exceed 2 , ability to record video/audio and provide live video stream to operators. b.) Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i.) Major collision investigations;
ii.) Searching for missing persons;
iii.) Natural disaster management;
iv.) Crime scene photography;
v.) SWAT, tactical or other public safety and life preservation missions; and vi.) Responding to specific requests from local, st ate or federal fire authorities for fire response and/or prevention.
c.) Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the UAS during approved missions.
d.) Expected Life Span
All UAS equipment, approximately 3-5 years.
e.) Fiscal Impact
Annual maintenance and battery replacement cost is approximately $10,000. f.) Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation.
g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law, including all FAA requirements and regulations.
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2.) Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.
a.) Description, quantity, purchase cost, and capabilities:
i.) IROBOT PACKBOT 501, initial cost $0 ( estimated replacement cost of $100,000), quantity not to exceed 2, battery powered and remote operated for delivery of various tools and/or ability to record video/audio and provide live video stream to operators. b.) Purpose
To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt suspicious packages, and clear buildings.
c.) Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robot during approved missions.
d.) Expected life Span
All robots, approximately 5-8 years.
e.) Fiscal Impact
Annual maintenance and battery replacement cost is approximately $3,000. f.) Training
All robot operators are required to demonstrate proficiency during SWAT training exercises. g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
3.) Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a.) Description, quantity, purchase cost, and capabilities:
i.) 2008 NAVISTAR DEFENSE MAXPRO MRAP, initial cost $0 (estimated replacement cost $800,000), quantity not to exceed 2, armored vehicle which can seat numerous personnel, provides ballistic protection and allows for rescue of downed officer and/or citizens
b.) Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. It can stop various Agenda Packet Page 55
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projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
c.) Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d.) Lifespan
Approximately 15 years.
e.) Fiscal Impact
Annual maintenance cost of approximately $5,000.
f.) Training
All driver/operators shall be required to obtain a valid California Class B license. g.) Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
4.) Command Post (CP): A mobile office that provides shelter and access to Department computer systems and other equipment.
a.) Description, quantity, purchase cost and capabilities:
i.) 2008 GMC C5500, estimated cost of $300,000, quantity not to exceed 1, the CP can be used to conduct meetings and store large amounts of equipment for SWAT/CNT, critical incidents, natural disasters and community events.
b.) Purpose
To be used on specific circumstances when a mobile, large and weather protected facility is needed.
c.) Authorized Use
Only those trained in the deployment and operations in a manner consistent with Department policy and training are authorized to operate the CP.
d.) Lifespan
The CP lifespan on chassis and vehicle structure is approximately 20 years. Upgrades to maintain IT systems needed approximately every 5 years.
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e.) Fiscal Impact
Annual maintenance cost is approximately $2,000.
f.) Training
The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle within the city with an experienced driver. g.) Legal and Procedural Rules
It is the policy of the Department to use the CP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
5.) Long Range Acoustic Device (LRAD): LRAD is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and unmistakable warning tone. The LRAD is primarily used as a communication device.
a.) Description, quantity, purchase cost and capabilities:
i.) LT-PMS1B MAGNETIC AUDIO DEVICE, cost $0 (estimated replacement cost $20,000), quantity not to exceed 2, acoustic devices used to broadcast warnings/messages and are mounted to vehicles.
b.) Purpose
To be used for issuing dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, missing persons, evacuations, and other police incidents.
c.) Authorized Use
The LRAD shall only be used by those officers trained in its deployment and used in a manner consistent with Department policy and training.
d.) Lifespan
Approximately 10 years.
e.) Fiscal Impact
Annual Maintenance cost approximately $300.
f.) Training
All operators are required to receive training prior to operating in the field.
g.) Legal and Procedural Rules
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It is the policy of the CHPD to utilize the LRAD only for official law enforcement purposes, and pursuant to State and Federal law.
6.) 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact and chemical rounds.
a.) Description, quantity, purchase cost and capabilities:
i.) DEFENSIVE TECHNOLOGY 40MM SINGLE SHOT LAUNCHER, estimated cost of $1,000 each, quantity not to exceed 8, tactical single shot launcher that will fire various less lethal ammunition.
ii.) DEFENSE TECHNOLOGY FERRETT 40MM CS LIQUID, estimated cost of $23 each, quantity not to exceed 200, a less lethal 40MM round used to deliver a small liquid chemical payload inside a structure or vehicle. Primarily used to dislodge barricaded subjects from confined areas and causes temporary discomfort in an effort to gain compliance from potentially violent or dangerous subjects. iii.) DEFENSE TECHNOLOGY FERRET 40 MM CS POWDER, estimated cost of $30 each, quantity not to exceed 100, a less lethal 40MM round used to deliver a small powder chemical payload inside a structure or vehicle. Primarily used to dislodge barricaded subjects from confined areas and causes temporary discomfort in an effort to gain compliance from potentially violent or dangerous subjects. iv.) WOOD BATON 40MM, estimated cost of $30 each, quantity not to exceed 50, a less lethal 40MM projectile which is accurate and effective for gaining pain compliance when deployed from approved distances.
v.) MUSSLE BLAST 40MM OC, estimated cost of $28 each, quantity not to exceed 100, the 40MM OC round is widely used as a crowd control management tool but can also be used for barricaded subjects during tactical operations. vi.) DEFENSE TECHNOLOGY RUBBER FOAM 40MM PROJECTILE, estimated cost of $30 each, quantity not to exceed 50, a less lethal 40MM lightweight plastic projectile which provides accurate and effective compliance of potentially violent and dangerous subjects when fired from approved distance.
b.) Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c.) Authorized Use:
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Only those POST certified to deploy chemical munitions are authorized. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive;
ii. D angerous and/or combative individuals;
iii. R iot/crowd control and civil unrest incidents;
iv. Circumstances where a tactical advantage can be obtained; v. Potentially vicious animals; and
vi. T raining exercises or approved demonstrations.
d.) Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained by POST certified less lethal and chemical agent instructors.
e.) Lifespan
Approximately 5 years.
f.) Fiscal Impact
Annual maintenance, approximately $50 for each launcher. g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
7.) Less Lethal Shotgun: Less lethal shotgun is used to deploy the less lethal 12-guage Super Sock beanbag round.
a.) Description, quantity and capabilities:
i.) REMINGTON 870 LESS LETHAL SHOTGUN, estimated cost of $946 each, quantity not to exceed 12, the less lethal shotgun is used to deploy the less lethal beanbag rounds, the range of the weapon system helps to maintain space between officers and suspect reducing the immediacy of the threat which is the principle of de-escalation. ii.) BENELLI M4 12 GAUGE SHOTGUN, estimated cost of $1,500, quantity not to exceed 2, the less lethal shotgun is used to deploy the less lethal beanbag rounds, the range of the weapon system helps to maintain space between officers and suspect reducing the immediacy of the threat which is the principle of de-escalation. ii.) 12-GAUGE SUPER-SHOCK BEANBAG ROUND, estimated cost of $5 each, quantity not to exceed 200, this ballistic fiber filled bag provides accurate and effective Agenda Packet Page 59
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performance when fired from the approved distances.
b.) Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c.) Authorized Use:
Less lethal shotguns shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. Situations for use of the less lethal weapon systems may include, but are not limited to, the following:
i. S elf-destructive, dangerous and/or combative individuals; ii. R iot/crowd control and civil unrest incidents;
iii. Circumstances where a tactical advantage can be obtained; iv. P otentially vicious animals; and
v. T raining exercises or approved demonstrations.
d.) Lifespan
Remington 870 Less and Benelli Lethal Shotgun, approximately 25 years.
Super-shock Beanbag Round, approximately 5 years.
e.) Fiscal Impact
Annual maintenance, approximately $50 for each shotgun. f.) Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training.
g.) Legal and Procedural Rules
It is the policy of the CH PD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
8.) Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a.) Description, quantity and capabilities:
i.) COMBINED TACTICAL SOLUTIONS BAFFLED WHITE SMOKE FLASH BANGS, estimated cost of $38 each, quantity not to exceed 200, a non-fragmenting bang device that produces a loud noise and intense bright light.
b.) Purpose
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To produce atmospheric over-pressure and white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. c.) Authorized Use:
Diversionary devices shall only be used in the following ways:
i. Officers who have been trained in proper use;
ii. In hostage and barricaded subject situations;
iii. In high-risk warrant services where there may be a risk to officer safety; iv. During other high-risk situations where their use would enhance officer safety; and v. During training exercises.
d.) Lifespan
No expiration date.
e.) Fiscal Impact
No annual maintenance.
f.) Training
Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.
g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
9.) Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a.) Description, quantity and capabilities:
i.) WINCHESTER M14 7.62 MILLIMETER, estimated cost of $2,500 each, quantity not to exceed 4, ability to provide lethal options from extended distances. ii.) TRW M14 7.62 MILLIMETER, estimated cost of $2,500 each, quantity not to exceed 2, ability to provide lethal options from extended distances. iii.) H&R ARMS M14 7.62 MILLIMETER, estimated cost of $2,500 each, quantity not to exceed 5, ability to provide lethal options from extended distances. iv.) REMINGTON 700 7.62 MILLIMETER, estimated cost of $2,500 each, quantity not to exceed 7, ability to provide lethal options from extended distances.
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b.) Purpose:
To be used to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c.) Authorized Use
Only officers that are approved and trained per Department policy. d.) Lifespan
Approximately 15 years.
e.) Fiscal Impact
Annual maintenance, approximately $50 for each rifle.
f.) Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to pass a range qualification. g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
10.) Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a.) Description, quantity and capabilities:
i.) DEFENSE TECHNOLOGY LAUNCHABLE FLAMELESS CS, estimated cost of $43 each, quantity not to exceed 100, can be used in crowd control and tactical deployment situations.
ii.) DEFENSE TECHNOLOGY INSTANTANEOUS BLAST CS, estimated cost of $43 each, quantity not to exceed 100, can be used in crowd control and tactical deployment situations.
iii.) DEFENSIVE TECHNOLOGY RIOT CONTROL CS, estimated cost of $41 each, current quantity 20 and not to exceed 100, can be used in crowd control and tactical deployment situations.
iv.) DEFENSE TECHNOLOGY TRI CHAMBER CS, estimated cost of $45 each, quantity not to exceed 100, can be used in crowd control and tactical deployment situations. v.) DEFENSE TECHNOLOGY POCKET CS, estimated cost of $28 each, quantity not to exceed 100, can be used in crowd control and tactical deployment situations.
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b.) Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. S elf-destructive, dangerous and/or combative individuals; ii. R iot/crowd control and civil unrest incidents;
iii. Circumstances where a tactical advantage can be obtained; iv. Potentially vicious animal; and
v. T raining exercises or approved demonstrations.
c.) Authorized Use:
Only officers who have received POST certification in the use of chemical agents are authorized to deploy.
d.) Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e.) Lifespan
Approximately 5 years from manufacturing date.
f.) Fiscal Impact
No annual maintenance.
g.) Legal and Procedural Use
It is the policy of the CHPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
11.) Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a.) Description, quantity and capabilities:
i.) REMINGTON 870 EXPRESS BREACHING SHOTGUN, estimated cost of $500, quantity not to exceed 3, the weapon allows for breachers to safely utilize shotgun breaching rounds in order to defeat deadbolts, locks and hinges. The weapon has a standoff at the end of the barrel which allows for positive placement of the weapon into the correct position and vents gasses to prevent over pressure. b.) Purpose:
The purpose is to quickly and safely gain access to property or structure.
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c.) Authorized Use:
Explosive breaching may only occur after authorization of a SWAT Commanding Officer or during training exercises.
d.) Lifespan
Breaching shotgun, approximately 25 years.
e.) Fiscal Impact
Annual Maintenance, approximately $100.
f.) Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction.
g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize breaching tools only for official law enforcement purposes and pursuant to State and Federal law.
706.5 APPROVAL
The Chief or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief or the authorized designee shall ensure the proposed military equipment poli cy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
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706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment deployed or used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Any military equipment that is deployed or used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies. Situations may arise where Citrus Heights Police Department may deploy or use military equipment owned by other law enforcement agencies, in these situations, Citrus Heights Police Department is authorized to deploy or use a different agency’s military equipment as authorized in Section 706.4 of this policy. Citrus Heights Police Department is also authorized to deploy or use the following non- exhaustive list of military equipment owned by another agency:
Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a.) Description, quantity, capabilities, and purchase cost i.) LENCO BEARCAT, G2, cost: $315,518.65, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. ii.) LENCO BEARCAT, G3, cost: $404,521, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. The Bearcat G3 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. b.) Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c.) Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d.) Lifespan
Lenco Bearcat models G2 and G3, 25 years.
e.) Fiscal Impact
None
f.) Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g.) Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement Agenda Packet Page 65
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purposes, and pursuant to State and Federal law.
NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK): The ROOK is a custom “armored critical incident vehicle” built on the chassis of a CAT Bulldozer, manufactured by Ring Power. The ROOK is built to increase job safety, versatility, and mission specific response.
The ROOK is equipped with powerful mission specific attachments. The ROOK is capable of being used in tight areas both inside and outside, where traditional armored vehicles may not be able to enter.
a.) Description, quantity, capabilities, and purchase cost ROOK- Modified CAT compact Track Loader chassis, cost: $400,000, quantity: 1. The ROOK can be utilized by authorized SWAT personnel to identify, discover and locate threats or hazards, to include explosives and ballistic threats. The ROOK may be used to stabilize critical infrastructure and functions to minimize health and safety threats during a terrorist attack. During a terrorist attack, the ROOK will allow for law enforcement protected response.
b.) Purpose
To provide a capability for defensive ballistic protection in indoor and outdoor environments, rescue platforms for elevated structure rescue, and rough terrain environments where certain equipment would be limited.
c.) Authorized Use
The ROOK shall be used by SWAT team members in a manner consistent with Department policy and training. Furthermore, only SWAT team members who have completed the appropriate training, will operate the ROOK.
d.) Lifespan
25 years
e.) Fiscal Impact
None
f.) Training
All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g.) Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.
a.) Description, quantity, capabilities, and purchase cost i.) REMOTEC ANDROS F6-A, cost: $250,000 each, quantity: 2. The Remotec ANDROS F6A is a heavy-duty robot. Its stair climbing ability, an arm capable of lifting 65lbs. The F6A also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations, and quick -release pneumatic wheels for rapid width reduction.
ii.) QINETIC DRAGON RUNNER ROBOT, cost: $90,000, quantity: 1. Dragon Runners Agenda Packet Page 66
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can be hand carried or transported inside a rucksack, and both can be remotely operated from many hundreds of meters away, providing protection and safety to their operators. iii.) TEMPER 4WD Gen 2, cost: $159, quantity: 1. Length 13.75 inches, 2 hours of operation time and capable of video recording.
iv.) LOSI NIGHT CRAWLER SE 4WD, cost: $350, quantity: 1. Length 16.9 inches, 2 hours of operation time and capable of video recording.
b.) Purpose
To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.
c.) Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robots identified at sections 2(a)(i) through (ii). Use is established by the Bomb Squad Commander and or Incident Commander.
d.) Expected Life Span
All robots, 8-10 years.
e.) Fiscal Impact
None
f.) Training
All robot operators must complete the FBI’s 6 -week hazardous device school prior to operating the robots identified at sections 2(a)(i) through (ii). g.) Legal and Procedural Rules
It is the policy of the CHPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
The Citrus Heights Police Department hereby adopts the military equipment use policy as is approved, and may be amended from time to time, under Government Code section 7070 et seq., for jurisdictions that the Citrus Heights Police Department may engage with to provide mutual aid.
This section is in no way a limitation to the ability of the Citrus Heights Police Department to deploy or use the military equipment of another jurisdiction.
706.7 ANNUAL REPORT
Upon approval of a specific equipment policy, the Chief or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually therea fter for as long as the military equipment is available for use (Government Code § 7072).
The Chief or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the specific equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
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Within 30 days of submitting and publicly releasing the annual report, the department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 COMPLIANCE PROCEDURE
This procedure is to ensure compliance with the military equipment use policy.
All complaints, concerns, or questions submitted regarding this policy will be handled pursuant to the Department's normal complaint process and be handled in a timely manner.
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