Santa Paula Police Firing Range

There is a lack of information available to the public and to the City Council to demonstrate that the City carefully and adequately considered the appropriateness, safety, and potential liabilities of entering into a temporary firing range agreement. (FA-06 and FA-07)

The introduction of the Agreement as a Consent Agenda item, the lack of a proposed agreement at the time of City Council approval, and the lack of any subsequent agreement executed through April 2011, demonstrates that the City Council and City staff considered this to be a casual action with little risk to the City. (FA-07, FA-08, and FA-11)

Whether using firing ranges leased from others or considering the construction and ownership of a permanent firing range, there are risks and potential liabilities associated with both actions that merit careful consideration. (FA-10 and FA-11)

There is a pattern of the City entering into arrangements for the use of firing range facilities for which the City staff has not done its due diligence to verify that the facilities are appropriately permitted and legally operated. (FA-04, FA-05, FA-07, FA-08, FA-13, and FA-14)

The City is now proceeding with due care and consideration in assessing whether or not the City should own and operate a permanent firing range and training facility. (FA-10 and FA-11) 4 Santa Paula Police Firing Range

By not having a written Agreement in place, immediately upon City Council approval, the City is unnecessarily and carelessly exposing itself to liability in using a live firing range. (FA-08, FA-11, and FA-16 through FA-18) Recommendations

There was no other staff report for Consent Agenda item 9.M. provided to the City Council that indicated there was any research regarding the appropriateness of the land for a firing range. Whether or not there were any environmental or safety concerns that had to be addressed, or what liabilities or responsibilities the City might have in using the firing range, 2 Santa Paula Police Firing Range were not addressed. There was no information provided in the public record for this agenda item regarding with whom the City was entering into the Agreement. There was no proposed Agreement either provided to, or requested by the City Council prior to their approving the action. [Ref-01]

On September 7, 2010, the City approved Consent Agenda item number 9.M. without City Council or public comment. As a matter of policy, agenda items are placed on the Consent Agenda because they are considered routine, non-controversial, and are routinely not discussed. [Ref-01]

The approval of Consent Agenda item number 9.M. “ . . . 1) authorize[d] the City Manager to enter into an agreement, in a form approved by the City Attorney, for the use of a temporary firing range facility; and 2) take such additional, related, action that may be appropriate.” [Ref-01]

On the regular agenda for the same September 7, 2010 City Council meeting, there was a presentation made by City staff titled “Long-Term Option for a Firing Range/Training Facility” (agenda item 10.D.) and a request for City Council guidance to staff on how to proceed. The agenda item 10.D. and presentation were heard after Consent Agenda item 9.M. Staff recognized that a permanent range facility was an option to meet the requirements of the Police Department, and eliminate the disadvantages of using temporary or out-of-area facilities for training. The presentation acknowledged some of the possible citizen concerns with a firing range at various potential sites. The presentation also addressed some safety considerations, the potential costs and revenues associated with building, owning, and operating a firing range, and other possible impacts. [Ref-01] (Att-01)

Live firing ranges have inherent operating dangers and associated liabilities that require careful consideration. Where adequate planning and compliant design and construction are used, and all applicable environmental and operating regulations are followed, these dangers and liabilities can be reasonably minimized.

Sometime after the approval of the temporary firing range, Consent Agenda item 9.M., complaints by citizens hearing gunfire were received in the latter months of 2010 and into February 2011 by the County Code Compliance Division of RMA and by the City. The temporary firing range is located in the vicinity of South Mountain. (Att-04 and Att-05)

The Code Compliance Division of RMA sent a letter, dated February 4, 2011, to the land owner and to the business providing use of the South Mountain firing range to the City. The letter stated that they had received complaints regarding shooting activities and that there was no CUP on the property to operate a firing range. In another letter from RMA, dated the same day, it was noted that a complaint alleged violations for lack of a CUP, structures and lights constructed on the Santa Paula Police Firing Range 3 property without permits or inspection, and grading of land without a permit. (Att-04 and Att-06)

Subsequently, on February 25, 2011, the Code Compliance Division of RMA issued a letter for NOV and Notice of Impending Civil Administrative Penalties for confirmed violations of the Ventura County Building Code and/or Non-Coastal Zoning Ordinance. The letter was sent to the land owner and to the business providing the firing range to the City. (Att-07)

The City acknowledged a citizen complaint in February 2011 and indicated that some mitigation measures were being taken to reduce firearm noise associated with training conducted for the City Police Department at the South Mountain firing range. (Att-05)

As of April 2011, the South Mountain firing range was still available to the City for live firing and other training.

As of May 3, 2011, the City had not entered into a written agreement as specified by the City Council.

City staff has indicated that the City is in the process of entering into a Hold Harmless Agreement with the business that is providing the South Mountain firing range services to the City. This is approximately eight months after the City began using the firing range for live firing. Findings