LIVE OAK CITY COUNCIL AGENDA – APRIL 1, 2020

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The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours. Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting.

If you wish to speak before council at the meeting on any item, please complete a speaker card and submit to the meeting clerk before the item is discussed. In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance.

Pursuant to Governor Newsom’s Executive Order N-25-20, members of the Live Oak City Council or staff may participate in this meeting via a teleconference. In the interest of the maintaining appropriate social distancing, members of the public are encouraged to participate in the meeting in the following ways:

• Remote Viewing: Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1.

• Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways:

o Email Public Comment: Public Comment can be submitted via email to the City Clerk at

cmenchaca@liveoakcity.org during the meeting, prior to the close of public comment on an item, and read into the record during public comment.

o eComment Feature: Public Comment will be accepted online between Thursday, March 26th through Wednesday, April 1st through the eComment feature at: https://liveoakca.granicus.com/ViewPublisher.php?view_id=1.

LIVE OAK CITY COUNCIL

REGULAR MEETING AGENDA APRIL 1, 2020

6:00 PM

MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD

LIVE OAK, CALIFORNIA 95953

MEMBERS OF THE COUNCIL

BOB WOTEN, MAYOR LUIS HERNANDEZ, VICE MAYOR

ALEKSANDAR TICA, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER

J.R. THIARA, COUNCILMEMBER

AARON PALMER, CITY MANAGER

BRANT BORDSEN,

CITY ATTORNEY

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LIVE OAK CITY COUNCIL AGENDA – APRIL 1, 2020

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CALL TO ORDER

ROLL CALL PLEDGE OF ALLEGIANCE AND INVOCATION CORRECTIONS AND/OR CHANGES TO THE AGENDA PRESENTATIONS AND RECOGNITIONS A. Child Abuse Prevention Month Proclamation

B. Sutter County Census 2020 Presentation PUBLIC COMMENT

Any person wishing to address the City Council on general jurisdictional matters or consent calendar items may do so at this time. If you are commenting on an agenda item, your comments will be heard at the time that item is scheduled for discussion. The City Council adopted a time limit of three minutes per person. The Brown Act does not allow for Council discussion of items not on the agenda. Councilmembers may only a) refer the matter to staff; b) ask for additional information; c) request a report back; or d) provide a limited factual response for items not listed on the agenda. CONSENT ITEMS Consent Calendar is passed by one motion with exceptions and separate votes as noted.

1. City Council Meeting Minutes

Recommendation: Approve the March 18, 2020 City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)

2. Adoption of an Ordinance Adding a New Chapter 8.28 (Camping and Storage of Personal Property on Private and Public Property) to Title 8 (Health and Safety) Recommendation: Adopt the ordinance entitled “An Ordinance of the City of Live Oak Adding a New Chapter 8.28 (Camping and Storage of Personal Property on Private and Public Property) to Title 8 (Health and Safety) of the City of Live Oak Municipal Code.” (Alison Schmidt, Management Analyst)

3. Resolution Confirming the Proclamation of Existence of a Disaster Within the City of Live Oak Due to the COVID-19 Outbreak Recommendation: Adopt resolution confirming the Proclamation of Existence of a Disaster regarding the COVID-19 Outbreak. (Aaron Palmer, City Manager)

4. Resolution Authorizing Establishing New Salary Ranges for Part-Time Positions Recommendation: Adopt resolution establishing new salary ranges for the Part-Time Positions of Administrative Aide, Lifeguard, and Head Lifeguard. (Aaron Palmer, City Manager)

5. Resolution of the City Council Authorizing the Submission of the Annual Transportation Development Act Claim for Fiscal Year (FY) 2019-20 to the Sacramento Area Council of Governments (SACOG) Recommendation: Adopt resolution and authorize the submission of the claim to SACOG. (Joe Aguilar, Finance Director)

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LIVE OAK CITY COUNCIL AGENDA – APRIL 1, 2020

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BUSINESS ITEMS

6. Introduction of an Ordinance of the City of Live Oak Amending the Live Oak Municipal Code by Adding Chapter 9.44 Pertaining to Dangerous Fireworks and Chapter 9.48 Pertaining to Safe and Sane Fireworks Recommendation: Waive the first reading of the ordinance entitled “An Ordinance of the City of Live Oak Amending the Live Oak Municipal Code by Adding Chapter 9.44 Pertaining to Dangerous Fireworks and Chapter 9.48 Pertaining to Safe and Sane Fireworks”. (Alison Schmidt, Management Analyst)

ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER

ADJOURNMENT

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City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Child Abuse Prevention Month Proclamation

Attachments: Letter from Casa de EsperanzaProclamation

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March 24, 2020

April will be here before we know it and that means blue ribbons and Child Abuse Prevention Month

Each year we request our local City Councils and Boards of Supervisors to proclaim April as Child Abuse Prevention Month in support of Casa and our communities because we believe that together we can make a difference. A sample proclamation attached.

Casa will be distributing blue ribbons throughout Yuba, Sutter and Colusa counties. Help us be a positive force in a child’s life. Please wear a blue ribbon throughout the month of April as your commitment to end the suffering of children and to support agencies that carry on the fight every day.

We appreciate the support of the Live Oak City Council and each member as we continue striving for every child’s safety.

If you would like additional information regarding child abuse, our Safe, Strong and Free program or any of Casa’s other services, please feel free to contact us at (530) 674-5400.

Sincerely,

Jeanine WernerLegal Projects Director

Casa de EsperanzaSafe Homes. Safe Communities.Safe Communities. Safe Homes.

Post Office Box 56 Yuba City, California Bus. (530) 674-5400 V/TTY Fax (530) 674-3035

Domestic Violence Services Rape Crisis Services Community Education, Prevention and Intervention Children/Teen Programs

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Child Abuse Prevention MonthApril 2020

WHEREAS, the tragedy of child abuse and neglect affects every community in California and touches the lives of far too many citizens regardless of cultural, ethnic, religious or socioeconomic level; and

WHEREAS, the threat to our children’s welfare is demonstrated by steady increases in the number and in the seriousness of reported cases of child abuse and neglect; and

WHEREAS, if our children are to be productive adults, they should have the right to a childhood free from neglect, physical abuse, sexual molestation and exploitation; and

WHEREAS, it is recognized that primary prevention programs designed to work with children themselves, their parents and care givers within the community are successful in preventing first time abuse situations; and

WHEREAS, early identification and intervention are essential to successfully interrupting the generational cycle of abuse and neglect. Collaboration among professionals, concerned parents, volunteers and policy makers can help reduce the level of child abuse and neglect in our communities; and

WHEREAS, dedicated volunteers and professionals are working to decrease the incidence of child abuse through prevention programs and coordination among agencies delivering services to child abuse victims and their families; and

WHEREAS, the observance of Child Abuse Prevention Month provides an excellent opportunity for all citizens to reflect on this tragic crime, while rededicating themselves to taking an active role in child abuse prevention activities in their community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Live Oak, California does hereby proclaim April 2020 as Child Abuse Prevention Month in the City of Live Oak and encourages all residents to join with local community efforts in keeping all children “Safe, Strong, and Free”.

Dated this 1st day of April, 2020.

_______________________________Bob Woten, Mayor

Luis Hernandez, Vice Mayor Lakhvir Ghag, Council Member

J.R. Thiara, Council Member Aleksandar Tica, Council Member

Proclamation

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City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Sutter County Census 2020 Presentation

Attachments: PowerPoint Presentation

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SUTTER COUNTYCENSUS 2020

Educate n Activate nMotivate

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WHAT

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WHY

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IMPORTANCE OF AN ACCURATE COUNT

$1000 PER YEAR, PER PERSON

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2010 CENSUS RESULTS

26% OFSUTTER COUNTY WAS NOT COUNTED IN 2010

LOSS OF MORE THAN $25 MILLION PER YEAR

$250 MILLION

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HARDEST TO COUNT

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THE STRATEGY

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PARTNERS – TRUSTED MESSENGERS

•

•

•

•

•

•

•

•

•

•

•

•

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WHEN

WHERE

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City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: City Council Meeting Minutes

Contact Information: (Clarissa Menchaca, City Clerk)

Recommendation: Approve the March 18, 2020 City Council Regular Meeting minutes.

Attachments: Minutes

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LIVE OAK CITY COUNCIL MINUTES – MARCH 18, 2020

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CALL TO ORDER

Meeting called to order by Vice Mayor Hernandez at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:04 pm.

ROLL CALL

Present: Councilmembers Thiara, Ghag, Tica, and Vice Mayor Hernandez

Clerk’s Note: Mayor Woten arrived at 6:13 pm during Public Comment.

PLEDGE OF ALLEGIANCE AND INVOCATION

Lieutenant Craig Hungrige led the Pledge of Allegiance. Councilmember Ghag delivered the invocation.

CORRECTIONS AND/OR CHANGES TO THE AGENDA

Item A - Sutter Buttes Energy Watch – This item was removed from the agenda in its entirety and will come before the Council on a future agenda.

Item 2 – Quarterly City Projects Report – This item was removed from the Consent Agenda for further discussion at the request of Councilmember Thiara.

PRESENTATIONS

A. Sutter Buttes Energy Watch

This item was removed from the agenda in its entirety.

PUBLIC COMMENT

Public Comment was opened and closed without any speakers.

LIVE OAKCITY COUNCIL

MINUTESMARCH 18, 2020

6:00 PM

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LIVE OAK CITY COUNCIL MINUTES – MARCH 18, 2020

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CONSENT ITEMS

MOTION: APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM A WHICH WAS REMOVED FROM THE AGENDA IN ITS ENTIRETY, AND WITH THE EXCEPTION OF ITEM 2 WHICH WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION.

(MOTION: GHAG; SECOND: WOTEN)

VOTE: MOTION PASSED UNANIMOUSLY

1. City Council Meeting MinutesClarissa Menchaca, City ClerkCouncil action: March 4, 2020 City Council Special Meeting minutes and the March 4, 2020 Regular Meeting minutes approved.

2. Quarterly City Projects ReportAlison Schmidt, Management Analyst

This item was removed from the Consent Agenda for further discussion at the request of Councilmember Thiara.

3. Memorandum of Understanding (MOU) Establishing the Bi-County Homeless Engagement and Resolution Team (HEART)Aaron Palmer, City ManagerCouncil action: City approved to enter into a Memorandum of Understanding between parties of the Bi-County Homeless Engagement and Resolution Team (HEART), including the City Attorney’s recommendations included in the staff report, and Mayor authorized to sign the agreement on behalf of the City.

BUSINESS ITEMS

4. Introduction of an Ordinance Adding a New Chapter 8.28 (Camping and Storage of Personal Property on Private and Public Property) to Title 8 (Health and Safety)Alison Schmidt, Management Analyst

Alison Schmidt, Management Analyst, provided a report for the Council.

Lieutenant Craig Hungrige addressed questions from the Council.

Public Comment was opened and closed without any speakers.

MOTION: WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY OF LIVE OAK ADDING A NEW CHAPTER 8.28 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC PROPERTY) TO TITLE 8 (HEALTH AND SAFETY) OF THE CITY OF LIVE OAK MUNICIPAL CODE”.(MOTION: TICA; SECOND: WOTEN)

VOTE: MOTION PASSED UNANIMOUSLY

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LIVE OAK CITY COUNCIL MINUTES – MARCH 18, 2020

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ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION

2. Quarterly City Projects ReportAlison Schmidt, Management Analyst, addressed questions from the Council.

MOTION: RECEIVE AND FILE THE MARCH 2020 QUARTERLY CITY PROJECTS REPORT.(MOTION: WOTEN; SECOND: TICA)

VOTE: MOTION PASSED 4-1AYES: COUNCILMEMBERS GHAG, TICA, VICE MAYOR HERNANDEZ, AND MAYOR WOTENNOES: COUNCILMEMBER THIARA

UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER

Aaron Palmer, City Manager, discussed the Bi-County Health Officer’s shelter in place directive issued for Yuba-Sutter which will take effect at 11:59 pm Thursday, March 19, 2020. Mr. Palmer provided an update regarding COVID-19. Furthermore, Mr. Palmer discussed temporary staffing and procedural changes at City Hall due to the shelter in place directive and informed he will be declaring a disaster emergency for the City of Live Oak to allow the City to receive resources and funding from County and State if needed in the future.

COUNCILMEMBER REPORTS/COMMENTS/REQUESTS

Mayor Woten discussed his attendance at a meeting with city mayors and county supervisors regarding COVID-19.

Councilmember Tica commented on the importance of having correct information provided to the public. Councilmember Tica inquired if the equipment at the City parks and the pay drop box can be disinfected daily. Additionally, Councilmember Tica reported on his attendance at a Sacramento Area Council of Governments meetings. Councilmember Tica requested that the City provide the most current information to the public as soon as possible and that the information also be provided in Spanish and Punjabi.

Councilmember Ghag highlighted the importance of keeping the public up to date with any new information as well as clearing up any misinformation as soon as possible. Councilmember Ghag requested the City’s public facilities be disinfected daily. Furthermore, Councilmember Ghag discussed his attendance at the Feather River Air Quality Personnel Committee meeting, the Sutter Butte Flood Control Agency meeting, and the Yuba Sutter Mosquito and Vector Control Board meeting. Councilmember Ghag highlighted the passing of Neena Gill. Councilmember Ghag requested the City review the impact of not collecting water bills from businesses and residents for two months.

Councilmember Thiara requested the City provide assistance to residents with their water bills for the following two to three months due to the pandemic and discussed his concerns with residents being required to make water bill payments at the pay drop box located at City Hall via check or money order. Councilmember Thiara shared resources and tools from the Board Members at Stanford Hospital regarding COVID-19 and how to prevent, avoid, and self-assess.

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LIVE OAK CITY COUNCIL MINUTES – MARCH 18, 2020

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ADJOURNMENT

Adjourned the meeting at 7:16 pm in memory of Neena Gill.

Bob Woten, MayorATTEST:

Clarissa Menchaca, City Clerk

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City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Adoption of an Ordinance Adding a New Chapter 8.28 (Camping andStorage of Personal Property on Private and Public Property) to Title 8(Health and Safety)

Contact Information: (Alison Schmidt, Management Analyst)

Location: City Wide

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Background: Live Oak, along with other jurisdictions in the Yuba-Sutter region, haveexperienced a significant increase in camping and storage of personalproperty in unauthorized areas.

Sutter County has faced numerous encampments along the Feather River,especially from the Second Street boat dock to Shanghai Bend. Sinceadopting this ordinance, Sutter County and the City's neighboringjurisdictions have begun the slow process of removing and cleaning up theseencampments. These efforts are creating a migration of people looking foralternate locations to stay.

In the past couple of months, phone calls to Code Enforcement havesignificantly increased regarding people camping on various public andprivate properties in Live Oak. Staff believe this is a result of the City'sneighbors enforcing this Ordinance, and the City's lack of Ordinance.

There is an immediate need to clarify the definitions of prohibited conductrelated to prohibitions against unauthorized camping and the unauthorizedstorage of personal property on private and public property. The addition ofChapter 8.28 to the Live Oak Municipal Code will provide constitutionalsafeguards for all persons and to enable effective and timely enforcement ofthese prohibitions.

Without an ordinance related to unauthorized camping and storage ofpersonal property, the City has been unable to clearly identify what is or isnot allowed and has not allowed staff to adequately safeguard all residentsfrom health and safety concerns caused by these activities.

Live Oak, along with Sutter County, Yuba County, and the cities of YubaCity, Marysville and Wheatland, various non-profit and faith-basedorganizations are working together to enhance and coordinate all aspects ofintervention activities and enforcement response to the hazardous conditionscreated by unpermitted camping and storage of personal property in areasthat are not appropriate or safe to conduct those activities. The proposedordinance reflects an essential part of the overall effort to protect allresidents from these hazardous conditions.

Fiscal Impacts: None Anticipated

Recommendation: Adopt the ordinance entitled "An Ordinance of the City of Live Oak Addinga New Chapter 8.28 (Camping and Storage of Personal Property on Privateand Public Property) to Title 8 (Health and Safety) of the City of Live OakMunicipal Code".

Attachments: Ordinance

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ORDINANCE NO. ________________

AN ORDINANCE OF THE CITY OF LIVE OAK ADDING A NEW CHAPTER 8.28 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC PROPERTY) TO TITLE 8 (HEALTH AND SAFETY) OF THE

CITY OF LIVE OAK MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF LIVE OAK ORDAINS AS FOLLOWS:

SECTION 1: The City Council of the City of Live Oak, hereby finds and declares the following:

(A) Recently neighboring jurisdictions including Sutter County, City of Marysville, and Yuba County have adopted a Camping and Storage of Personal Property on Private and Public Property Ordinance; and

(B) Camping and storage of personal property on private and public property is an increasing problem in and around Live Oak; and

(C) The City of Live Oak wishes to maintain consistency with our neighboring jurisdictions and take action to provide a clear ordinance to the issue.

SECTION 2: Chapter 8.28 Camping and Storage of Personal Property on Private and Public Property is hereby added to Title 8 (Health and Safety) of the City of Live Oak Municipal Code to read as follows:

CHAPTER 8.28 – CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC PROPERTY

8.28.010 – Declaration of Legislative Intent – Purpose 8.28.020 – Findings 8.28.030 – Application 8.28.040 – Definitions 8.28.050 – Unlawful Camping 8.28.060 – Unlawful Daytime Camping 8.28.070 – Stored property – Impoundment 8.28.080 – Mandatory Pre-Impoundment Notice 8.28.090 – Informal Hearing 8.28.100 – Storage, Post-Impoundment and Disposal 8.28.110 – Proceeds of Sale 8.28.120 – Repossession 8.28.130 – City not Liable 8.28.140 – Designated Areas 8.28.150 – Penalty for violation 8.28.160 – Non-exclusivity 8.28.170 – Severability

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8.28.010 – DECLARATION OF LEGISLATIVE INTENT – PURPOSE

The purpose of this chapter is to maintain streets, parks, waterways, and other public and private property within the City in a clean, sanitary, and accessible condition and to promote the public health, safety, and welfare of the community.

8.28.020 – FINDINGS

The City Council finds that the unauthorized use of certain areas for camping purposes and the storage of personal property interferes with the rights of others to use the areas for which they were intended and creates a public health and safety hazard that adversely affects residential and commercial areas.

The City Council further finds that camping or storing personal property near the high-water mark of waterways poses a serious risk to the quality of the waterways and the health and safety of citizens using the waterways and results in abandoned, unattended, or unsecured property polluting the waterways during high water flows.

The City Council further finds that camping or storing personal property on, upon, or within a 50-foot clear zone of the landside toe of the levees that protect the City of Live Oak and its residents from flooding poses a threat to the public health, safety, and welfare by compromising the integrity of the levee system which could result in a catastrophic failure of the levee protections.

The City Council further finds that abandoned, unattended, or unsecured personal property especially such property which is a biological or health hazard creates pollution and adversely affects waterways, residential areas, and commercial areas and the health, safety and welfare of the people who live, work, and visit the City.

The City Council further finds that unsanitary conditions and premises that contain an accumulation of junk, trash, debris, dead organic matter, offal, stagnant water, rodent harborages, or biological hazards are injurious to the health, safety, and welfare of the people who live, work, and visit the City and such conditions have a significant potential to cause economic or physical injury to persons and property.

The City Council further finds that camping or storing personal property on private property without the consent of the owner adversely affects private property rights as well as the health, safety, and welfare of the owner and the public generally.

8.28.030 – APPLICATION

This chapter shall apply generally to all property throughout the City Limits of the City wherein any of the conditions herein specified are found to exist. Any condition or conduct that would constitute a violation of this chapter, but which is permitted or authorized under any City ordinance or state or federal law, shall not constitute a violation of this chapter.

8.28.040 – DEFINITIONS 25

As used in this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

Biological hazards means any waste containing infectious materials or potentially infectious substances, including but not limited to, human or animal blood, human or animal bodily fluids, human or animal tissue, or used needles or any sharp objects that have been contaminated with potentially infectious materials.

Camp or camping means using property for living accommodation purposes, as evidenced by: (a) remaining for prolonged or repetitious periods of time, not associated with ordinary recreational use of the property as authorized under any other ordinance, law, or regulation, with one's personal possessions or belongings (including but not limited to clothing, tents, sleeping bags, bedrolls, blankets, sheets, pillows, luggage, backpacks, kitchen utensils, cookware, and cooking equipment); and (b) engaging in one or more of the following: sleeping, storing personal possessions or belongings, making a fire outside of a designated fire pit, or cooking meals. The combined activities of (a) and (b) constitute camping when it reasonably appears in light of all the circumstances that a person is using the property as a living accommodation.

Camp facilities means and includes, but is not limited to, tents, huts, temporary shelters, unpermitted structures and, when used for the purpose of sleeping, vehicles.

Camp paraphernalia means and includes, but is not limited to, tarpaulins, bedding, cots, beds, shopping carts, sleeping bags, hammocks, or other storage containers or similar equipment.

Hazardous waste means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

Health hazard means hazardous waste, biological hazards, vector infestation, medical waste, or other health hazards in which exposure to them could reasonably be expected to do either of the following: (i) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or (ii) pose a substantial present or potential danger to human health, animal health, or the environment, due to factors including, but not limited to, carcinogenicity, toxicity, ignitability, bio- accumulative properties, reactivity, pollutants, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed. The harm caused by the health hazard does not have to happen immediately.

Imminent threat means any conditions or practices existing on property which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter including but not limited to activities such as the erection of structures in waterways or camping within 200 feet of the highwater mark from October 15 through May 1.

Levee means a man-made barrier constructed of soil along a water course for the primary purpose of providing flood protection.

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Levee system means one or more discrete reaches of levee and/or floodwall and other flood management structures along one or more streams that together provide flood protection to a common, defined area (i.e., the protected area).

Levee toe means the most landward point of the levee where the landside levee slope meets natural ground.

Median strip means a strip or area, lying along the middle and between the paved portions of a highway, which is designed to divide vehicular traffic on such highway onto two opposite directions.

Ordinary high water mark means (1) the average level of the water attained in annual seasonal flow as demonstrated by the line below which the soil and vegetation show the effects of submersion under water; or (2) the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.

Park or parks means any park, playground, recreation center, or any other lands or facilities owned, operated, maintained, administered, or managed by the City or a community services district within the City and devoted to active or passive recreation. The term "park" includes all facilities or improvements within a park and all water or waterways within or adjacent to a park.

Personal property means any and all tangible property, and includes, but is not limited to, items, goods, materials, camp facilities, camp paraphernalia, merchandise, furniture, equipment, fixtures, structures, clothing, and household items. The term shall not include any vehicle as defined in Vehicle Code Section 670.

Private property means all private property, including but not limited to streets, sidewalks, alleys, and improved or unimproved land.

Public property means all property that is owned, managed or maintained by the City, and shall include, but not be limited to any street, accessway, sidewalk, replacement sidewalk, median strip, space, ground, building, structure, public park, and any other property of the City.

Serious physical harm means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Sidewalk means a paved walkway, bikeway, or combination of those designed for use by the public, generally within the public right-of-way and generally parallel to a public street.

Trail facility or trail facilities means any class 1 trail, bicycle or multi-use trail, natural trail, or horseback riding trail that is owned, maintained, or operated by the City or a community services district within the City, including any area or access point adjoining the trail over which the City or community services district within the City owns or maintains an easement.

Unattended means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

Vector infestation means personal property that has been invaded by insects, rodents, vermin and flying insects, including, but not limited, to bedbugs, cockroaches, flies, lice, mosquitos, ticks, insects, rat fleas, rats and mice, which are capable of transmitting disease-causing agents, such as a parasite, bacterium, or virus, to humans or animals.

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8.28.050 - UNLAWFUL CAMPING

A. With the exception of authorized camping at a private or public campground or recreational vehicle park or camping authorized under any other ordinance, law, or regulation, no person shall camp in the following areas:

1. Any private property unless a. The person camping (i) is the owner or tenant of the private property; (ii) is a

family member or relative of an owner or tenant of the private property; (iii) is accompanied by an owner or tenant of the private property; or (iv) has written permission in his or her possession from an owner or tenant of the private property and the written permission includes the owner's or tenant's name, address, and phone number; and

b. The camping is not prohibited under Title 8 or any other ordinance, law, or regulation.

2. Any City park or trail facility, except in locations designated for such purposes or pursuant to a lawfully issued permit.

3. Any City airport. 4. Any City cemetery. 5. Any property that is within or below 200 feet above the ordinary high-water mark of any

lake, waterway, river, stream, pond, or reservoir. 6. Any Levee or within 50 feet of the landside toe of the Levee 7. Any City right of way including but not limited to public highways, roadway shoulders,

sidewalks, or alleys so as to in any manner hinder or obstruct the free passage therein or thereon of any persons or vehicles passing or attempting to pass along the same right of way.

B. Permitting of camping in City parks shall be governed by Chapter 12.20.

8.28.060 - UNLAWFUL DAYTIME CAMPING

For any City public property where camping is not authorized under authority independent of this chapter or not prohibited under Section 8.28.050, no person shall erect, configure, or construct a tent from thirty (30) minutes after sunrise to thirty (30) minutes before sunset (except during rainfall or when the temperature is below 50 degrees Fahrenheit). A person must take down, fold, deconstruct, or put away any tent erected, configured, or constructed in any such public property between the hours of thirty (30) minutes after sunrise to thirty (30) minutes before sunset (except during rainfall or when the temperature is below 50 degrees Fahrenheit). Removal of property for a violation of this section pursuant to Section 8.28.070 is limited to the tent erected in violation of this section.

8.28.070 – STORED PROPERTY – IMPOUNDMENT

A. No person shall store personal property in the following areas: 28

1. Any private property unless the person (i) is the owner or tenant of the private property; (ii) is a family member or relative of an owner or tenant of the private property; (iii) is accompanied by an owner or tenant of the private property; (iv) has verbal or written consent of the owner and the property is stored inside a building or structure other than a tent; or (v) has written permission in his or her possession from an owner or tenant of the private property and the written permission includes the owner’s or tenant’s name, address, and phone number.

2. Any City park or trail facility.3. Any City airport unless inside a hanger and consistent with the terms of a lease. 4. Any public property if the personal property obstructs City operations, including street

or sidewalk maintenance or cleaning, or impedes passage on public streets, sidewalks, or alleys, including passage for persons with disability.

5. Any public property that has a clearly posted closure time and the property is stored after the posted closure time.

6. Any property that is within or below 200 feet above the ordinary high mark of any lake, waterway, river, stream, pond, or reservoir.

B. All personal property unlawfully stored pursuant to subdivision (A) of Section 8.28.070 may be impounded by the City.

C. Personal property placed on property in violation of this chapter shall be deemed to be stored personal property if it has not been removed from the property within forty-eight (48) hours of service of the written notice required by Section 8.28.080, which requires such removal, and the City may cause the removal and impoundment of such stored personal property or destruction of such stored personal property as provided in subsection (D); provided that moving the personal property to another location in the same private or public property shall not be considered to be removing the personal property from private or public property; and provided further that this section shall not apply to personal property that, pursuant to statute, ordinance, permit, regulation, or other authorization by the City or state, is placed on property that is owned or controlled by the City.

D. Exception. In the event personal property placed in violation of this chapter presents a health hazard, poses an imminent threat to the health, safety, or welfare of the public, is evidence of a crime, is perishable, or contraband, it may be immediately impounded, disposed of, or turned over to law enforcement at any time by the City and no written notice shall be required before impounding, removing or destroying such personal property.

8.28.080 – MANDATORY PRE-IMPOUNDMENT NOTICE

A. Before impounding or removing any personal property stored in violation of this chapter, the City shall provide pre-impoundment notice. The written notice shall contain the following:

1. A description of the personal property to be removed (such description may refer to an attached photograph);

2. The location of the personal property; 3. The date and time the notice was posted;

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4. The section of the City of Live Oak Municipal Code that is being violated; 5. A statement that the personal property will be impounded if not removed within forty-

eight (48) hours; 6. The address where the removed personal property will be located, including a

telephone number through which a person may receive information as to impounded personal property;

7. A statement that impounded property will be sold, or otherwise disposed of, if not claimed within 90 days after impoundment;

8. A statement that personal property presenting a health hazard, posing an imminent threat to public health or safety, or is evidence of a crime, or contraband will be removed or destroyed, at any time by the City;

9. A statement that the owner of the personal property shall be responsible for all costs of removal, storage and disposal, unless the owner of the personal property qualifies for a fee waiver by meeting the income poverty threshold, as established by the U.S. Department of Health and Human Services; and

10. A statement that the owner of the personal property may dispute the removal of the personal property or cited violation of this chapter and a telephone number for the owner of the personal property to request an informal hearing before the property is removed.

The Pre-Impoundment Notice shall be deemed to have been served if a copy of the written notice is served on the person storing the personal property or is posted prominently and conspicuously on or near the stored personal property.

8.28.090 – INFORMAL HEARING

A. The pre-impoundment hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request by the person claiming ownership of the personal property.

B. Any law enforcement officer may conduct the informal hearing. Alternatively, the seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the impoundment of the personal property and is not junior in rank to that person or the agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.

C. At the time of the hearing, the owner of the personal property shall be provided the opportunity to show why the property has not been stored in violation of this chapter; that the stored personal property is not a health hazard and should not be destroyed; or to show that additional time is necessary for the owner to remove the property.

D. The informal hearing may be held at any location, including the location of the personal property at issue.

E. The hearing officer, after the hearing, may affirm or deny the impoundment and/or destruction of the personal property. The hearing officer may in his/her discretion determine that additional

30

time be provided for the removal of the personal property so long as such delay does not pose an immediate threat to the public health, safety, or welfare.

F. Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a pre-impoundment hearing or right to challenge his or her liability for costs incurred pursuant to this Chapter.

8.28.100 – STORAGE, POST-IMPOUNDMENT, AND DISPOSAL

A. Storage. Except for personal property described under subdivision (D) of Section 8.28.070, impounded personal property shall be moved to a secure place of storage.

B. Storage Fees and Waiver. The owner of the personal property shall be assessed moving, storage, and other related fees and costs, unless the owner qualifies for a fee waiver. An owner of the personal property qualifies for a waiver if the person’s income falls at or below the poverty threshold, as established by the U.S. Department of Health and Human Services.

C. Post-Impoundment Notice. 1. Upon removal of stored personal property pursuant to this chapter, written notice shall

be provided to the person who stored or claims ownership of the personal property. The written notice shall contain the following:

a.The date and approximate time of personal property was removed; b.The section of the City of Live Oak Municipal Code that was being violated; c. A description of the personal property removed (such description may refer to

an attached photograph); d.The location of where the impounded personal property is being kept and when

it may be claimed by the rightful owner; e.A statement that the City intends to sell, donate, or otherwise dispose of the

impounded property if not claimed within 90 days from the date of the Post-Impoundment Notice; and

f. Contact information and instructions on how the owner may reclaim the impounded property.

2. Service of the written notice shall be by personal service or by certified mail, return receipt requested, to the last known address of the owner of the impounded property if the owner is known. Where the identity or the address of the owner is unknown or cannot be determined through the exercise of reasonable diligence, the notice shall be posted at or near the location where the property was stored or seized.

D. Mandatory Storage Holding Time. The City of Live Oak, its officers, employees, and agents shall store impounded property in a secure location for a period of not less than ninety (90) days.

E. Disposal of Unclaimed Property. 1. General. If the owner or any other person entitled to the impounded personal property

does not claim the property as specified in Section 8.28.120, the City of Live Oak, its officers, employees, and agents may sell, donate, destroy, or otherwise dispose of the impounded property.

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F. Records. The City shall maintain a record of the impounded property, name of any person repossessing the impounded property and date thereof, date and method of any disposal of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one (1) year from the date of disposal of the property.

8.28.110 – PROCEEDS OF SALE

All fees and unpaid rent, debts and charges owing, and all expenses of handling, storage, appraisal, advertising, and other sale expenses incurred by the City shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be held in trust for the owner of the property for thirty (30) days after sale, after which time the proceeds shall be paid into the general fund.

8.28.120 – REPOSSESSION

A. General. The owner or any other person entitled to the impounded personal property may repossess or assert the right, title, and interest to the impounded personal property within ninety (90) days from the date of the Post-Impoundment Notice.

B. Method to Reclaim. Upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid storage related costs, the City shall restore the impounded property to the owner or other person entitled to the impounded property, unless the person qualifies for a fee waiver, as described in subdivision (B) of Section 8.28.100. Thereafter, the City shall release the impounded property to the owner or other entitled person.

8.28.130 – CITY NOT LIABLE

The City of Live Oak, its officers, employees, and agents shall not be liable to the owner of impounded personal property because of any disposal of the property made pursuant to this chapter. The remedies available to the owner of impounded property are limited to those provided in this chapter. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property.

8.28.140 – DESIGNATED AREAS

The City Council of the City of Live Oak may, by majority vote, establish one or more specified designated areas in which individuals may store personal property. Such designated areas, if any, may be located in prohibited public places as set forth in 8.28.070, except that such designated areas shall not be located within public parks or waterways.

Personal property stored in a designated area under this section must be stored in a manner that does not create a public nuisance or health or safety hazard. Additionally, such personal property shall be stored in a manner which protects the personal property against damage from the elements.

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8.28.150 – PENALTY FOR VIOLATION

Any person violating any provision of this chapter is guilty of an infraction for the first offense. Any subsequent violation of any provision of this chapter within one year of a previous offense of any provision of this chapter is guilty of a misdemeanor.

8.28.160 – NON-EXCLUSIVITY

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws to conduct within the scope of this chapter and the remedies provided herein are cumulative to all other remedies now or hereafter available to abate or otherwise regulate the conduct described herein.

8.28.170 – SEVERABILITY

If any section, subsection, sentence, clause, portion, or phrase of this ordinance is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its adoption and before the expiration of fifteen (15) days from the date of passage thereof shall be published at least once in a newspaper of general circulations, printed and published in the City of Live Oak, State of California, together with the names of the members of the City Council voting for and against the same.

The forgoing ordinance was duly passed and adopted by the City Council of the City of Live Oak at a regular meeting thereof, this 1st day of April, 2020 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

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APPROVED:

_____________________________Bob Woten, Mayor

ATTEST:

_________________________Clarissa Menchaca, City Clerk

APPROVED AS TO FORM:

Brant J. Bordsen, City Attorney

34

City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Resolution Confirming the Proclamation of Existence of a Disaster Withinthe City of Live Oak Due to the COVID-19 Outbreak

Contact Information: (Aaron Palmer, City Manager)

Background: With the declaration of a disaster by both the State of California and SutterCounty, the City of Live Oak has declared the existence of a disaster due tothe COVID-19 Outbreak. This declaration will now open up County andState resources, if necessary, to assist the City as needed in regards to theCOVID-19 virus.

The City Manager, acting in his capacity as the City's Emergency ServicesDirector has the authority to declare such disasters. The City Council mustratify the City's Emergency Services Director's declaration within sevendays.

Fiscal Impacts: None.

Recommendation: Adopt resolution confirming the Proclamation of Existence of a Disasterregarding the COVID-19 Outbreak.

Attachments: ProclamationResolution

35

36

Resolution No.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK, CALIFORNIA CONFIRMING THE EXISTENCE OF A DISASTER WITHIN THE CITY OF LIVE OAK

WHEREAS, Section 2.24.060 of the Live Oak Municipal Code empowers the Emergency Services Director to proclaim the existence or threatened existence of a disaster when Live Oak is affected or likely to be affected by a public calamity, and the City Council of Live Oak is not in session, subject to confirmation and ratification by the City Council of the City of Live Oak within seven (7) days of the original proclamation; and

WHEREAS, the conditions of extreme peril to safety of persons and property arose within this City, caused by the COVID-19 Virus outbreak and the Governor declaring a Statewide disaster on March 4, 2020 and the Governor waived the need for the City Council to extend such declaration; and

WHEREAS, the City Council of the City of Live Oak does hereby find that the aforementioned conditions of extreme peril did warrant and necessitate the proclamation of the existence of a disaster; and

WHEREAS, the Live Oak Emergency Services Director, is hereby confirmed by the City Council of Live Oak.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that the Proclamation of Existence of a Disaster, as issued by the Live Oak Emergency Services Director, is hereby confirmed by the City Council of Live Oak.

BE IT FURTHER PROCLAIMED AND ORDERED that said disaster shall be deemed to continue to exist until its termination is proclaimed by the City Council of Live Oak.

PASSED AND ADOPTED by the City Council of the City of Live Oak this 1st day of April 2020, by the following vote:

AYES: NOES: ABSENT: NOT VOTING:

APPROVED:

Bob Woten, MayorATTEST:

Clarissa Menchaca, City Clerk

37

City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Resolution Authorizing Establishing New Salary Ranges for Part-TimePositions

Contact Information: (Aaron Palmer, City Manager)

Background: As it is this time of year, the Parks and Recreation Department is gearing uptheir hiring for a Head Lifeguard and Lifeguards for the upcoming PoolSeason. However, the Lifeguard classification, along with the AdministrativeAide position, have a starting hourly wage that is current below the State'sminimum wage. Staff is recommending that the Lifeguard position andAdministrative Aide position be brought up to the the proposed Stateminimum wage that will start in January 1, 2021 of $13.00 per hour. Staff isalso recommending to keep the current $1.00 per hour separation in startingwage between the Head Lifeguard and Lifeguard positions. Thus the HeadLifeguard starting hourly range will begin at $14.00 per hour. There will befive steps in each range with 5.0% between each step.

Currently, the ranges for the positions in question are as follows:

Administrative Aide: $11.00 per hr. to $12.00 per hr.Lifeguard: $11.00 per hr. to $12.00 per hr.Head Lifeguard: $12.00 per hr. to 15.00 per hr.

Analysis: Below are the proposed new ranges for Head Lifeguard, Lifeguard, andAdministrative Aide positions.

Administrative Aide 13.000 13.650 14.333 15.049 15.802Lifeguard 13.000 13.650 14.333 15.049 15.802Head Lifeguard 14.000 14.700 15.435 16.207 17.017

Fiscal Impacts: Unknown at this time due to the COVID-19 Virus closing down all non-essential City operations. The FY 2020-21 budget will address these newranges and will be in next year's budget. However, it is necessary to movethese positions due to the Lifeguard and Administrative Aide jobclassifications starting hour wage is below current State minimum wage.

Recommendation: Adopt resolution establishing new salary ranges for the Part-Time Positionsof Administrative Aide, Lifeguard, and Head Lifeguard. 38

Attachments: ResolutionExhibit A

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Resolution No.

RESOLUTION OF THE CITY OF LIVE OAK, CALIFORNIA AUTHORIZING ESTABLISHING NEW SALARY RANGES FOR PART-TIME POSITIONS

WHEREAS, the City of Live Oak has an establish classification and compensation system; and

WHEREAS, within the classification and compensation system has established salary ranges for part-time positions; and

WHEREAS, in order to maintain these positions salaries are at or above minimum wage; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Live Oak hereby establishes the salary range for the part-time positions as stated in Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Live Oak this 1st day of April 2020, by the following vote:

AYES: NOES: ABSENT: NOT VOTING:

APPROVED:

Bob Woten, MayorATTEST:

Clarissa Menchaca, City Clerk

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Exhibit A

Administrative Aide 13.000 13.650 14.333 15.049 15.802

Lifeguard 13.000 13.650 14.333 15.049 15.802

Head Lifeguard 14.000 14.700 15.435 16.207 17.017

41

City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Resolution of the City Council Authorizing the Submission of the AnnualTransportation Development Act Claim for Fiscal Year (FY) 2019-20 to theSacramento Area Council of Governments (SACOG)

Contact Information: (Joe Aguilar, Finance Director)

Background: The City submits an Annual Transportation Development Act Claim toSACOG for local transportation funds based on the SACOG findings forapportionment. Please note that the submission included in the staff reportcovers the current fiscal year. The claim request for FY 2019-20 includes$420,827 for streets/roads projects and $13,015 for SACOG administration.

The City received recent communication from SACOG requesting the Cityto detail the components of spending of these street funds. The following isthe composition of the projects to be funded:

• $155,000 Pennington Road (West) street rehabilitation• $265,827 Highway 99 Project utility relocation and street demolition.

For the above noted funding items, the City has already authorized someGeneral Fund money for those same items. However, the City will use LTFFunds first before drawing upon General Fund money.

Staff recommends the City Council adopt the resolution and authorize thesubmission of the claim to SACOG.

Fiscal Impacts: • The City will use $433,843 in FY 2019-20 Funds from SACOG forStreet Projects.• The City will use existing accumulated funds through June 30, 2019 forspecific street projects associated with the widening of Highway 99 andPennington Road West rehabilitation as itemized in the budget amendmentresolution and noted in the staff report.

Recommendation: Adopt resolution and authorize the submission of the claim to SACOG.

Attachments: Resolution 42

SACOG Transportation Development Act Claim Packet

43

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK AUTHORIZING SUBMISSIONOF THE ANNUAL TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2019-20 TO

THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS

BE IT RESOVED by the City Council of the City of Live Oak that the City Manager and Finance Director are hereby authorized to execute the ANNUAL TRANSPORTATION DEVELOPMENT ACT CLAIM and STATEMENT OF CONFORMANCE for Fiscal Year 2019-20 and that the same be submitted to the Sacramento Area Council of Governments on behalf of the City Of Live Oak.

PASSED AND ADOPTED by the City Council of the City of Live Oak this 1st day of April, 2020, by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

APPROVED:

________________________Bob Woten, Mayor

ATTEST:

________________________Clarissa Menchaca, City Clerk

44

TRANSPORTATION

DEVELOPMENT ACT

CLAIM PACKET

Sacramento Area Council of Governments1415 L Street. Suite 300Sacramento, CA 95814

45

TRANSPORTATION DEVELOPMENT ACTCLAIM CHECKLIST

Please check the following, items as being either included with the attached TDA claim package or are on file at SACOG.

Item

TDA-1 Annual Transportation Development Claim

TDA-2 Project and Expenditure Plan (for the fiscal year of this claim and the prior fiscal year)

TDA-3 Status of Previously Approved Projects

TDA-4 Statement of Conformance

TDA-5 TDA Claim Certification Resolution by governing body that authorized the claim

If Claimant is a Transit Agency or Jurisdiction is Contracting for Transit Service

CHP Safety Compliance Report(Completed within the past 13 months)

Adopted or proposed budget for the fiscal year of the claim

Signed copy of transit service contract

Area wide transfer agreement, resolution

Information establishing eligibility under efficiencyCriteria – STA Operator Qualifying Criteria calculationbased on section 99314.6

Certification that claim is consistent with Capital Improvement Program

Compliance with PUC Sec. 99155 & 99155.5

Copy of Ten Year Capital & Operations Program

Claimant Attached On file

All claimants N/A

All claimants N/A

All claimants N/A

All claimants N/A

All claimants N/A

All claimants N/A

Claimants for transit service

Claimants for transit service

Claimants for transit service

Claimants that allow inter-system transfers

Claimants for revenue-based STA funds

Claimants for bike/ped facilities

Claimants for transit service

Claimants for transit service

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TDA-1

TRANSPORTATION DEVELOPMENT ACT CLAIM

TO: Sacramento Area Council of Governments1415 L Street, Suite 300Sacramento, CA 95814

FROM: Claimant;

City of Live Oak

Address

City Zip Code

Contact Person

Phone Email

The above claimant hereby requests, in accordance with authority granted under the Transportation Development Act and applicable rules and regulations adopted by the Sacramento Area Council of Governments (SACOG), that its request for funding be approved as follows:

LTF $433,843 (FY19/20)

(FY / )

(FY / )

(FY / )

STA (FY____/ )

(FY / ) ____________________________________________ (FY / )

STA-SGR (FY / )

(FY / )

(Specify STA and/or STA-SGR)

Submitted By: Joe Aguilar

Title Finance Director _______________

Date April 1, 2020

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TDA-2

ANNUAL PROJECT AND EXPENDITURE PLAN

Claimant: City of Live Oak Fiscal Year: 2019-20

Project Title and TDA Article Number

SOURCES OF FUNDING

TDALTF

TDASTA

TDASTA-SGR

TransitFares

MeasureA

RoadFund

Developer Fees/Const.

Tax

Federal/State

Other TOTAL

Pennington Rd.West (rehabilitation)

$155,000 $835,000 990,000

Highway 99 demolition/utilities $265,827 2,517,173 2,783,000

SACOG Planning $13,015

TOTAL REQUEST $420,827 $ $ $ $ $ $ $835,000 $2,517.173 $3.773,00048

TDA-3STATUS OF PREVIOUSLY APPROVED PROJECTS

Instructions: Describe the status of all prior fiscal year TDA claim projects and any projects from previousyears, which are still active.

Include both operating and capital projects Approved amounts should he as specified in TDA claims approved by SACOG Expenditures should be to date Project status should be either "Complete" or "Active"

FiscalYear

Project TitleAmount

ApprovedExpenditures Project Status

15-16 City Overlays 423,000 423,000 complete

16-17 City Overlays 413,990 $148,566 complete

17-18 City overlays and reconstruction projects

301,411 22,353 active

18-19 Hwy 99 relocate utilities and street reconstruction

408,656 $175,732 active

TOTAL $1,547,057 $769,651

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TDA-4STATEMENT OF CONFORMANCE

Form TDA-4 must be completed and signed by the Administrative Office of the submitting claimant.

The City of Live Oak hereby certifies that the Transportation Development Act claim for fiscal year(s) 2019-20in the amount of $ 433,843 (LTF), $

(STA) and $_______________________(STA-SGR) for a total of $ 433,843conforms to the requirements of the Transportation Development Act and applicable rules and regulations. (See Attachment A for listing of conformance requirements)

Certified by Chief Financial Officer Joe AguilarTitle Finance DirectorDate April 1, 2020

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TDA-5

TDA Claim Certification Form

I, Joe Aguilar , Chief Finance Officer for the City of Live Oak , do hereby attest, as required under the California Code of Regulations, Title 21, Division 3, Chapter 2, Section 6632, to the reasonableness and accuracy of the following:

(a) The attached budget or proposed budget for FY 20 /20 . (b) The attached certification by the Department of the California Highway Patrol verifying that City of Live Oak

is in compliance with Section 1808.1 of the Vehicle Code, as required in Public Utilities Code Section 99251.

(c) The estimated amount of $433,843 maximum eligibility for moneys from the local transportation fund and the state assistance fund, as defined in Section 6634, is $___433,843_________.

__________________________________(Signature) Chief Financial Officer

City of Live Oak(Agency Name)

______April 1, 2020_____________(Date)

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ATTACHMENT ACONFORMANCE - TDA CLAIMANTS

Standard Assurances

1) 180-Day Certified Fiscal Audit (Applies to all claims; SACOG administers fiscal audits for all operators in the region, with the exception of the Sacramento Regional Transit District) -Assurance that the claimant has submitted a satisfactory independent fiscal audit, with required certification, to SACOG and to the State Controller not more than 180 days after the end of the prior fiscal year (Sections 99245 and 6664).

2) 90-Day Annual State Controller Report (Applies to all transit claims) – Assurance that claimant has submitted this report to the State Controller in conformance with the uniform system of accounts and record not more than 90 days after the end of the prior fiscal year (110 days for electronically submissions) (Section 99243). Claimant should also supply a copy of the State Controller report (SCR) to SACOG no more than 120 days after the end of the prior fiscal year.

3) Use of Federal Funds (Applies to all Article 4 claims) –

Claimant filing a claim for TDA funds for capital intensive projects pursuant to Section 99268.7 certifies that is has made every effort to obtain federal funding for any project which is funded pursuant to Section 99268.7.

Claimant qualifying for funds pursuant to Section 99268.1 and tiling a claim for TDA funds in excess of the amount allowed by Section 99268 certifies that such funds are required in order to obtain maximum federal operating funds in the year such funds are claimed pursuant to Section 6633.1.

4) Elderly/Disabled (Applies to all transit claims) – That the transit operator is question is in compliance with Section 99155 pertaining to reduced transit fares for elderly and disabled persons and Section 99155.5 pertaining to dial-a-ride and paratransit services.

5) Farebox Recovery Ratio Requirements (Applies to all transit claims) – Claimant filing a claim for LTF or STA funds certifies that it will maintain for the project that ratio of fare revenues and local support to operating cost required under Sections 99268 (including all subparts), 99270.1, 99270.2, 99270.6, and under the “Farebox Requirements for Urbanized and Non-Urbanized Service’ adopted by the SACOG Board of Directors on March 18, 1982, whichever is appropriate.

Exceptions:

6) 50% Expenditure Limitation (Applies only to claims for LTF) – Claimant certifies that it was in compliance with Section 99268 certifying that it (the claim) will not exceed 50% of the amount required to meet operating, maintenance, capital and debt service costs of the transit system after deduction of approved federal grants and STA funds estimated to be received for the system. (A claimant can received up to 100% of capital costs for grade-separated mass transit projects under Section 99268 and 99281, for capital intensive transit-related projects under Section 99268.7. and for extension of services under Section 6619.1 and 6633.8)

7) Extension of Services (Applies only to LTF claims) - Claimant who received an allocation of LTF funds for extension of service pursuant to Section 99268.8 certifies that it will file a report of these services pursuant to Section 6633.8(b) within 90 days after close of the fiscal year in which that allocation was granted.

8) Retirement System (Applies only to LTF claims) - Claimant certifies that (1) the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system; or (2) the operator

52

is implementing a plan approved by SACOG which will fully find the retirement system for such officers and employees within 40 years; or (3) the operator has a private pension plan which sets aside and invests, on a current bases, funds sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in Section 99272 and 99273.

9) Maximum Use of Local Transportation Funds (Applies only to Sacramento Regional Transit District STA claim) -That the operator is receiving the maximum allowable amount from the Local Transportation Fund.

10) Part-Time Employees (Applies only to claims for STA) - Claimant certifies that it is not precluded by any contract entered into on or after June 28, 1979 from employing part-time drivers or contracting with common carriers of persons operating under a franchise or license. Claimant further certifies that no person who was a full-time employee on June 28, 1979 shall have his/her employment terminated or his/her regular hours of employment, excluding overtime, reduced as a result of it employing part-time drivers or contracting with such common carriers.

11) Conformance with the Metropolitan (Regional) Transportation Plan (Applies only to claims for STA) - Claimant certifies that all of the purposes for claim expenditures are in conformance with the current Short Range Transit Plan, which is an appendix to the Metropolitan (Regional) Transportation Plan.

12) Full Use of Federal Funds (Applies only to STA claims) - Claimant certifies that it is making full use of federal funds available under the Urban Mass Transportation Act of 1964, as amended.

13) Implementation of Productivity Improvements (Applies only to STA claims) - Claimant certifies that the operator has made a reasonable effort to implement the productivity improvements recommended pursuant to Section 99244.

53

City of Live OakReport to City Council

Meeting Date: April 1, 2020

Title: Introduction of an Ordinance of the City of Live Oak Amending the LiveOak Municipal Code by Adding Chapter 9.44 Pertaining to DangerousFireworks and Chapter 9.48 Pertaining to Safe and Sane Fireworks

Contact Information: (Alison Schmidt, Management Analyst)

Location: City Wide

Background: The City of Live Oak has seen an increase in the use of illegal fireworksover the past several years. The use of illegal fireworks has extended beyondthe traditional Independence Day and New Year’s Eve celebrations andhas become a year round nuisance.

In 2018, Sutter County adopted a Dangerous Fireworks Ordinance to helpcombat the continued use of illegal fireworks. Sutter County FireDepartment and Sutter County Sheriff’s Office Live Oak Substationhave both requested that the City of Live Oak follow suit to maintainconsistent enforcement of dangerous fireworks in the Live Oak/SutterCounty region. Also included for Council review is an AdministrativeCitation that will be used by enforcement officials.

In addition to the Dangerous Fireworks section, staff is also adding a Safeand Sane Fireworks section to clarify not only the allowable use of Safe andSane Fireworks, but to provide clear rules for the permitting, installation anduse of temporary fireworks booths during the Independence Day season.This section is meant to codify what has been general practice by staff, withminimal change to past practice. A notable change is the limit on the numberof fireworks booths allowed. Current practice has no limit on the number ofbooths. This ordinance will limit booths to one booth per 2,000 populationwhich would currently allow for five booths, and a lottery system whenapplications exceed the allowable number of booths. Staff does not recallapplications for more than five booths in recent memory.

Staff recommends Council waive the first reading of the ordinance entitled“An Ordinance of The City Of Live Oak Amending The Live OakMunicipal Code By Adding Chapter 9.44 Pertaining To DangerousFireworks And Chapter 9.48 Pertaining To Safe And Sane Fireworks†.

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Fiscal Impacts: None Anticipated.

Recommendation: Waive the first reading of the ordinance entitled "An Ordinance of The Cityof Live Oak Amending the Live Oak Municipal Code by Adding Chapter9.44 Pertaining to Dangerous Fireworks and Chapter 9.48 Pertaining to Safeand Sane Fireworks".

Attachments: OrdinanceAdministrative Citation

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ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF LIVE OAK AMENDING THE LIVE OAK MUNICIPAL CODE BY ADDING CHAPTER 9.44 PERTAINING TO DANGEROUS FIREWORKS AND CHAPTER 9.48 PERTAINING TO SAFE AND

SANE FIREWORKS

FINDINGS:

The City Council of the City of Live Oak, hereby finds and declares the following:

(A) Dangerous fireworks are a concern to the City of Live Oak for several reasons. First,dangerous fireworks are often stored without safety precautions in residential neighborhoods. Second, dangerous fireworks can be disassembled for the explosive powder they contain to make bombs and other explosive devices. Third, dangerous fireworks often come from areas where safety regulations for making fireworks are not as stringent as those for fireworks manufactured in the United States.

(B) It is well established that illegal fireworks lead to hazardous situations, injuries, personal property loss, and fires, that jeopardize the safety of the public and increase the cost of law enforcement and fire protection. Moreover, because of Live Oak’s geographical location, the City and the surrounding areas are subject to extreme fire hazards and long volatile fire seasons, making the illegal fireworks activities even more dangerous to all citizens of the City, not just the ones possessing and using the fireworks.

(C) The City of Live Oak wishes to maintain consistency with our neighboring jurisdictions and take action to provide a clear ordinance to the issue.

THE CITY COUNCIL OF THE CITY OF LIVE OAK ORDAINS AS FOLLOWS:

SECTION 1: Chapter 9.44 Dangerous Fireworks is hereby added to Title 9 (Public Peace Morals and Welfare) of the City of Live Oak Municipal Code to read as follows:

CHAPTER 9.44 – DANGEROUS FIREWORKS

9.44.010 – Purpose and Intent9.44.020 – Definitions9.44.030 – Prohibition9.44.040 – Violations and Penalties9.44.050 – Penalties Not Exclusive

9.44.010 – PURPOSE AND INTENT

In enacting this Chapter, the City Council recognizes that the use or possession of dangerous or illegal fireworks poses a serious risk to the public health, safety and welfare, given the potential for personal bodily injury, property damage, the unknown material composition of these fireworks, and the lack of safeguards. It is the purpose and intent of this Chapter to reasonably regulate the possession,

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sale, use and/or discharge of Dangerous Fireworks within the City of Live Oak to protect the public health, safety, and general welfare of its residents.

This Chapter authorizes the imposition of administrative fines on any person who violates any provision of this ordinance to encourage and obtain compliance with the provisions of this ordinance for the benefit and protection of the entire community. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines related to the possession, use, storage , sale and/or display of those fireworks classified as “Dangerous Fireworks” in California Health and Safety Code section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license. Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the Live Oak Municipal Code.

9.44.020 – DEFINITIONS

As used in this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

Citee means any person served with an administrative citation charging him or her as a responsible person for violation.

Citation means an administrative citation issued pursuant to this section to remedy a violation.Code means the City of Live Oak Municipal Code.Dangerous Fireworks are those fireworks specified as such in the State Fireworks Law, section

12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire marshal.

Enforcing Officer means the Sheriff, Fire Chief, Community Development Director, Building Official, Code Enforcement Officer, Building Inspector, or the authorized deputies or designees thereof, all of whom are independently authorized to enforce this chapter. Whenever an Enforcing Officer charged with the enforcement of any provision of this chapter determines that a violation has occurred, the Enforcing Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

Hearing Officer means the person(s) appointed by the City as an Administrative Hearing Officer.Property means private property, rented residential premises, or rented commercial residences;

including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with our without compensation.

Responsible Party includes, but is not limited to:A. The person(s) who owns, rents, leases, or otherwise has possession of the Residence or

Other Private Property;B. The person(s) in immediate control of the Residence or Other Private Property; andC. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or

controls access to the illegal discharge or illegal storage of fireworks.

If the Residence or Other Private Property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under paragraph B or C of this definition. A landlord or lessor can only be held responsible under paragraph C of this definition if he or she has knowledge that fireworks are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Chief.

9.44.030 – PROHIBITION 57

A. It shall be unlawful for any person or Responsible Party to possess, sell, use or discharge Dangerous Fireworks unless a permit authorizing such possession, sale, use or discharge has been issued by the Enforcing Officer to the person or Responsible Party using, selling, discharging or found in possession of said Dangerous Fireworks, and unless such person is in possession of a valid pyrotechnic operator’s license issued by the Office of the State Fire Marshal. The Fire Chief may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the City Council, by resolution, from time to time.

B. The imposition of fines related to Dangerous Fireworks under this chapter shall be limited topersons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.

C. Because of the serious threat of fire or injury posed by the use of Dangerous Fireworks that can result from persistent or repeated failures to comply with the provisions of this Code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this Code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

9.44.040 – VIOLATIONS AND PENALTIES

A. Misdemeanor. Any person or Responsible Party who violates any of the provisions of this chapter shall be guilty of a misdemeanor.

B. Administrative Citation. An administrative citation may be issued by an Enforcement Officer to any person or Responsible Party who violates any of the provisions of this Chapter pursuant to the procedures as set forth in Chapter 1.17 of the Live Oak Municipal Code.

1. Each person who violates any provision of this Code as it relates to the possession, use, storage, sale and/or display of Dangerous Fireworks shall be subject to the imposition and payment of an administrative fine in an amount not to exceed $1,000 for the first violation; and a fine in an amount not to exceed $1,000 for any subsequent violation.

2. Administrative fines collected pursuant to this section shall not be subject to Health and Safety Code Section 12706.

3. Fines collected pursuant to this chapter related to Dangerous Fireworks shall be subject to health and Safety Code Section 12726 which provides that 65 percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.

9.44.050 – PENALTIES NOT EXCLUSIVE

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. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in the Live Oak Municipal Code or any other law, statute, ordinance or regulation.

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SECTION 2: Chapter 9.48 – Safe and Sane Fireworks of the Live Oak Municipal Code is hereby added to Title 9 (Public Peace Morals and Welfare) of the City of Live Oak Municipal Code to read as follows:

9.48 – SAFE AND SANE FIREWORKS

9.48.010 – Purpose and Intent9.48.020 – Definitions9.48.030 – Fireworks Prohibition9.48.040 – Permit Required9.48.050 – Fireworks Stand

9.48.010 – PURPOSE AND INTENT

To allow for the sale and use of fireworks as permitted in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) within the City of Live Oak.

9.48.020 – DEFINITIONS

Dangerous Fireworks includes all of the following:(a) Any fireworks which contain any of the following:(1) Arsenic sulfide, arsenates, or arsenites.(2) Boron.(3) Chlorates, except:(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.(B) In caps and party poppers.(C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate.(4) Gallates or Gallic acid.(5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).(6) Mercury salts.(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).(8) Picrates or picric acid.(9) Thiocyanates.(10) Titanium, except in particle size greater than 100-mesh.(11) Zirconium.(b) Firecrackers.(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.(d) Roman candles, including all devices which discharge balls of fire into the air.(e) Chasers, including all devices which dart or travel about the surface of the ground during discharge.(f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter.(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.(h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.

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(i) Torpedoes of all kinds which explode on impact.(j) Fireworks kits.(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

Exempt Fireworks means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.

Fireworks includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.by the authority having jurisdiction.

Safe and Sane Fireworks means any firework which does not fall within the definition of “dangerous fireworks” or “exempt fireworks”

9.48.030 - FIREWORKS PROHIBITION

Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode within the City any kind of fireworks as defined in Section 12511 of the Health and Safety Code, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance.

Exception: It shall not be unlawful to sell within the City those fireworks as are defined and classified as “safe and sane fireworks” in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) during that time period beginning at 12:00 noon on June 28 and ending at 12:00 noon on July 6 of that same year.

9.48.040 – PERMIT REQUIRED

It shall be unlawful for any person to sell “safe and sane fireworks” within the City without having first applied for and receiving a City permit.

A. Prerequisite for permit issuance1. No permit to sell fireworks shall be issued to any person, except nonprofit organizations

or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

2. Each such organization shall have its principal and permanent meeting place with Live Oak City Limits and shall have been organized and established in an area which is presently with the limits for a minimum of one (1) year continuously preceding the filing of the application for the permit.

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3. No organization shall submit more than one (1) application for permit to sell fireworks with the City of Live Oak. Submittal of more than one (1) application shall be grounds for denial of all applications.

The number of available permits which includes any permits issued pursuant to this chapter will be limited to one (1) per two thousand (2,000) population based on the latest survey available to the City of Live Oak. If necessary, a lottery system will be used to fill permit vacancies. Only one (1) permit to sell fireworks pursuant to this chapter shall be issued to an eligible applicant.

B. Permit application1. All applications for permits to sell fireworks shall be in writing to the City of Live Oak.

Applications may be filed beginning March 1 of each year until all available permits have been filled. Applications shall set forth the proposed location of the fireworks stand being applied for, and other information as may be required by City.

2. Any person, firm, corporation, or organization applying for a permit to sell fireworks shall furnish to the City a policy of public liability and property damage insurance. This policy shall have no deductible, with a limit of bodily injury of not less than one million ($1,000,000) dollars and a limit of property damage not less than one million ($1,000,000) dollars. The City of Live Oak and its agents and employees shall be named as coinsureds on the policy.

3. Applicants for such permits shall be notified of approval or disapproval of such applications for such permit. All organizations whose permits have been approved shall have up to and including July 1st of that year to pick up such permit.

4. Every application for a permit shall be accompanied by the established permit fee for the sales of fireworks. The permit fee will be refunded if the application is not approved.

9.48.050 – 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 provisions:

A. No fireworks stand shall be located within fifty (50’) feet of any other building or within one hundred (100’) feet of any gasoline pump or distribution point or within one hundred (100’) feet of any other fireworks booth, unless separated by a roadway four (4) lanes wide or greater.

B. Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, that all stands shall be erected under the supervision of the Fire Inspector, who shall require that stands be constructed in a manner which will reasonable insure the safety of attendants and patrons; and provided further that any electrical installation shall comply with all applicable codes.

C. Each stand shall be provided with two (2) two and one-half (2 ½) gallon “water type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

D. No stand shall have a floor area in excess of seven hundred fifty (750) square feet.E. Each stand shall have at least two (2) exits. Each stand in excess of forty (40’) feet in length shall

have at least three (3) exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four (24’) feet. Exit doors shall be not less than twenty-four (24”) inches wide and six feed and two (6’2”) inches in height and shall swing in the direction of exit travel.

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9.48.060 – OPERATION OF STAND

A. No person shall sell fireworks to any person under the age of eighteen (18).B. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after

12:00 noon on July 6th of the same year.C. No person other than the permittee organization shall operate the stand for which the permit 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 permittee organization or the

wives, husbands, parents or adult children of such members shall sell or otherwise participate inthe sale of fireworks at such stand.

E. No person under the age of eighteen (18) shall sell or participate in the sale of fireworks.F. Each stand shall have an adult watchperson in attendance while the stand is being used for the

sale, display or storage of fireworks. In lieu of a night watchperson, a class IV magazine or equivalent, as approved by the Fire Marshal, may be used to store fireworks.

G. All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without the written approval of the Fire Marshal.

H. Stands may not be located on public or residential property.

9.48.070 – GENERAL REQUIREMENTS FOR PERMITTEES

All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five (25’) feet surrounding the stand.

“NO SMOKING” signs shall be prominently displayed on and in the fireworks stand.

No fuel-powered generator or similar equipment shall be allowed within fifty (50’) feet of a fireworks stand.

Section 4: This Ordinance shall take effect thirty (30) days after the date of its adoption and before the expiration of fifteen (15) days from the date of passage thereof shall be published at least once in a newspaper of general circulation, printed and published in the City of Live Oak, State of California, together with the names of the members of the City Council voting for and against the same.

The foregoing ordinance was introduced and the title thereof read at a regular meeting of the City Council on the 1st day of April, 2020 and by vote of the Council members present, further reading was waived.

AYES:

NOES:

ABSENT:

ABSTAINED:

APPROVED62

_____________________________Bob Woten, Mayor

ATTEST:

____________________________Clarissa Menchaca, City Clerk

APPROVED AS TO FORM:

_____________________________Brant J. Bordsen, City Attorney

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See Reverse Side

WHITE – FILE COPY / YELLOW - VIOLATION COPY / PINK – FINANCE COPY

ADMINISTRATIVE CITATIONCity of Live Oak Citation # XXXXX

Code Enforcement - (530) 695-2112 Live Oak Fire Station - (530) 695-3522 Sheriff’s Office Live Oak Substation - (530) 695-2122

Date of Violation Time AM PM

Day of Week

Location of Violation

Citation Issued To (owner/resident/business) Date Issued

Address if different than violation

City State Zip

Driver’s License State DOB

Vehicle License State Year Make Model Color

You are being issued an Administrative Citation for the below violation(s). Additional violations may result in additional Administrative fines and/or legal action.

Zoning Code / Ordinance

Building Code Dangerous Fireworks

Refer to the back of this citation for information on paying the amount indicated.

1st Violation $ 100.00 Up to $ 100.00 $ 1,000.00 (late charge 10%)

2nd Violation $ 200.00 Up to $ 500.00 $ 1,000.00 (late charge 10%)

3rd Violation $ 500.00 Up to $ 1,000.00 $ 1,000.00 (late charge 10%)

Code Section Description of Violation(s) Fine Amount(s)

$

$

$

$

$

$

$

$

$

$

TOTAL DUE: $

Corrections:

Case #

Issuing Officer ID number Date

TO AVOID ADDITIONAL CITATIONS, YOU MUST ABATE THE ABOVE VIOLATION(S) ON OR BEFORE:

Questions regarding payment of this citation, call the Code Enforcement Department, (530) 695-2112. Mail payment to:

City of Live OakCode Enforcement9955 Live Oak BlvdLive Oak, CA 95953

To pay in person, the Cashiers are availableMonday – Friday – 9:00 a.m. – 5:00 p.m. except holidays

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City of Live Oak9955 Live Oak BlvdLive Oak, CA 95953

ORDER: You are ordered to immediately cease the commission of the Live Oak Municipal Code (LOMC)violation(s) listed on the reverse of this Administrative Citation.

ADMINISTRATIVE CITATION: Pursuant to LOMC 14.08.050 – Amount of administrative penalty, Infractionshall be assessed as follows: ($100.00) for a first violation; ($200.00) for a second violation of the same ordinance within one year from the date of the first violation; and ($500.00) for each additional violation of the same ordinance within one year from the date of the first violation. A violation of any local building and safety code shall be punishable by a fine ($100.00) for a first violation; ($500.00) for a second violation of the same ordinance within one year from the date of the first violation; ($1,000.00) for each additional violation of the same ordinance within one year from the date of the first violation per LOMC 14.08.050. Misdemeanor LOMC 1.12.010 A Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the City of Live Oak, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City of Live Oak, any person convicted of a misdemeanor under the ordinances of Live Oak, shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed six months, or by both such fine and imprisonment.

LOMC 1.12.010 B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Live Oak is committed, continued or permitted by any such person, and he or she is punishable accordingly. A citation may contain multiple violations and impose administrative penalties for each of those violations.

LOMC 1.17.160 – RIGHT TO A HEARING Any person disputing the issuance of an administrative citation may contest the citation by completing a request for hearing form and returning it to the address stated on the form within ten (10) days from the date of issuance of the administrative citation, together with an advance deposit of the full amount of the penalty. Any administrative citation penalty that has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged with the violation was not responsible for the violation or that there was no violation as charged in the administrative citation. The time requirement for filing a request for hearing form shall be deemed jurisdictional and may not be waived.

Any person who intends to request a hearing under section LOMC 1.17.170 and is financially unable to makethe advised deposit as required in that section may file a request for an advance deposit hardship waiver.

HOW TO PAY FINE: The amount of the Administrative Fine(s) is listed on the reverse of this Administrative Citation and must be paid to the City of Live Oak within ten (10) days from the date of this Citation. You may pay and deliver the Administrative Fine(s) to the City by mail or in person to City Hall, 9955 Live Oak Blvd, Live Oak, CA 95953. Payment should be in the form of a personal check, cashier’s check, money order, VISA, Master Card or Discover Card. Unless you have requested a hearing to appeal the Administrative Citation, you will be subject to the imposition of a ten percent (10%) late payment penalty if the Administrative Fine(s) is not paid. Payment of Administrative Fine(s) does not permit any continuation or repeated occurrence of the Live Oak Municipal Code violation(s) listed on this Administrative Citation.

CONSEQUENCES OF FAILURE TO PAY THE FINE(S): The City will collect any unpaid Administrative Citation fines or late payment charges by use of all available legal means, including, but not limited to, those means available for the collection of judgments, special assessment liens on real property and all actions for recovery of money. The City has the authority to collect all costs and attorney fees associated with the filing of such actions.

RIGHT TO APPEAL TO CITY COUNCIL: A responsible party who is subject to written decision issued by a hearing officer pursuant to Section 1.17.260, may contest the decision by filing an appeal with the City Clerkwithin 10 days from mailing of the written decision.

**************************************************************IMPORTANT

PLEASE HAVE THE INFORMATION ON THIS FORMTRANSLATED FOR YOU.

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