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Home My WebLink AboutAgenda Report - April 20, 2022 C-24 PHCITY OF �r� rr 1! Ij .f -Iii CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM C* 4 AGENDA TITLE: Set a Public Hearing for May 18, 2022 to Consider Introducing an Ordinance Amending Lodi Municipal Code Article 2 — Administration and Personnel —by Adding Chapter 2.26, Military Use Policy, to Provide for the Lodi Police Department's Adoption of a Military Use Policy in Accordance with AB 481 MEETING DATE: PREPARED BY: April 20, 2022 Chief of Police RECOMMENDED ACTION: Set a Public Hearing for May 18, 2022 to Consider Introducing an Ordinance Amending Lodi Municipal Code Article 2 — Administration and Personnel —by adding Chapter 2.26, Military Use Policy, to provide for the Lodi Police Department's adoption of a Military Use Policy in accordance with AB 481. BACKGROUND INFORMATION: On September 30, 2021, Governor Newsom signed into law seven major peace officer reform bills, including Assembly Bill 481. AB 481 was authored by Assemblymember David Chieu (D -San Francisco) to address the funding, acquisition, and use of items lawmakers deemed to be considered "military equipment." This bill requires law enforcement agencies, including the Lodi Police Department, "to obtain approval of the applicable governing body, by adopting a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined." Furthermore, AB 481 requires similar approval for the continued use of "military equipment" acquired by the Lodi Police Department before January 1, 2022, and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 Definition of Military Equipment (Government Code 7070) The Assembly Bill has created Government Code 7070 to designate the following 15 categories of items as military equipment: • Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles Category 2: Mine -resistant ambush -protected vehicles or armored personnel carriers Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five - ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Adopt a Resolution of Intention to Establish Lodi Police Department Military Equipment Policy Mandated by Assembly Bill 481; and Set a Public Hearing for May 18, 2022 April 20, 2022 Page 2_ Category 4: Tracked armored vehicles that provide ballistic protection to their occupants • Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature • Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition • Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns • Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles n Category 11: Noise -flash diversionary devices and explosive breaching tools • Category 12: Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray • Category 13: TASERO Shockwave, microwave weapons, water cannons, and long-range acoustic devices • Category 14: Kinetic energy weapons and munitions • Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight The Lodi Police Department is in possession of items in Categories 1, 2, 5, 9, 11, 12, and 14 from the above list. All items currently in possession of the Lodi Police Department have been approved during the associated budgetary periods commensurate with the items purchased. Requirements of AB 481 AB 481 requires each law enforcement agency's governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of this previously acquired military equipment effective May 1, 2022. The Lodi Police Department is providing information to our residents on the following required materials: The Lodi Police Department's draft Military Equipment Policy §706. The AB 481 newly defined list of "military equipment" is currently in the Lodi Police Department's possession. Establish a concern or complaint process. The Lodi Police Department always has had a means for the public to submit complaints online https;fiwww.lodi.gov/225/File-a-Personnel-Complaint or in-person, and further information is also available by viewing the Lodi Police Department Policy Manual, https:llwww.lodi.gov/DocurnentCenter/Viewl3080/Lodi _Police -Policy -and -Procedure specifically §1010. Members of the public may also register complaints or concerns or submit questions about the use of each specific type of military equipment by contacting Captain VerSteeg, the Military Equipment Coordinator at eversteeg@lodi.gov. These complaints, concerns, or questions will be promptly handled within ten days absent extraordinary circumstances. Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of the Lodi Police Department Military Policy §706, the cost of such use and other similar information. This webpage will be utilized for distribution of any updates to the above materials as well as the Annual Report. The first Annual Report will be distributed on or around February 2023 Public Input Regarding AB 481 The Lodi Police Department has uploaded multiple written documents on this website 30 -days prior to a public hearing to meet the requirements of AB 481. Adopt a Resolution of Intention to Establish Lodi Police Department Military Equipment Policy Mandated by Assembly Bill 481; and Set a Public Hearing for May 18, 2022 April 20, 2022 Page 3 Staff recommends setting a Public Hearing for May 18, 2022 to consider introducing an ordinance amending Lodi Municipal Code Article 2 — Administration and Personnel —by adding Chapter 2.26, Military Use Policy, to provide for the Lodi Police Department's adoption of a Military Use Policy in accordance with AB 481. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable, Sierra Brucia Chief of Police Lodi Police Department Lodi PD Policy Manual Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body — The elected or appointed body that oversees the Department. Military equipment — Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue handguns. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. Copyright Lexipol, LLC 2021/12/29, All Rights Reserved. ***DRAFT*** Military Equipment - 1 Published with permission by Lodi Police Department Lodi Police Department Lodi PD Policy Manual Military Equipment 706.2 POLICY It is the policy of the Lodi Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Lodi Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: [Insert attachment here] 706.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): Copyright Lexipol, LLC 2021/12/29, All Rights Reserved. ***DRAFT*** Military Equipment - 2 Published with permission by Lodi Police Department Lodi Police Department Lodi PD Policy Manual Military Equipment (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2021/12/29, All Rights Reserved. ***DRAFT*** Military Equipment - 3 Published with permission by Lodi Police Department pF U Qo n9�►Fo�`'�� Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER INTRODUCTION OF AN ORDINANCE AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY USE POLICY," TO PROVIDE FOR LODI POLICE DEPARTMENT'S ADOPTION OF MILITARY USE POLICY IN ACCORDANCE WITH AB 481 PUBLISH DATE: SATURDAY, APRIL 23, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK LNS ACCT. #5100152 City of Lodi RO. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 21, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK Emailed to the Sentinel at legals@lodinews.com at forms\advins.doc KAYLEE CLAYTON ADMINISTRATIVE CLERK on `Li-ifofdr' (pages) DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER INTRODUCTION OF AN ORDINANCE AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY USE POLICY," TO PROVIDE FOR LODI POLICE DEPARTMENT'S ADOPTION OF MILITARY USE POLICY IN ACCORDANCE WITH AB 481 On Thursday, April 21, 2022, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider introduction of an ordinance amending Lodi Municipal Code Article 2 — Administration and Personnel — by adding Chapter 2.26, "Military Use Policy," to provide for Lodi Police Department's adoption of Military Use Policy in accordance with AB 481 (attached hereto, marked Exhibit "A") was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on April 21, 2022, at Lodi, California. ORDERED BY: OLIVIA NASHED CITY CLERK C-�� !Vv~ PAMELA M. FARRIS KAYLLED CLAYTON ASSISTANT CITY CLERK ADMINISTRATIVE CLERK \\cvcfilv0 I \administration$\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTI.DOC CITY OF LODI NOTICE OF PUBLIC HEARING � Carnegie Forum Date: May 18, 2022 R, • 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: ` Olivia Nashed a + City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 18, 2022, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Introducing an ordinance amending Lodi Municipal Code Article 2 — Administration and Personnel — by Adding Chapter 2.26, "Military Use Policy," to provide for Lodi Police Department's adoption of Military Use Policy in accordance with AB 481 Information regarding this item may be obtained in the Police Department, 225 West Elm Street, Lodi, (209) 333-6725. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. Comments may be made in person or via the following link: httos:/1us06we5.zoom.us/i182522868353?pwd=cFh1 S2VWUmZHR0pCbmZyTitHZ05kOT09 If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: UA�t&� Olivia Nashed City Clerk Dated: April 20, 2022 Approved as to form: Katie Lucchesi Katie O. Lucchesi Deputy City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERMPUBHEARWOTICES\NoWD_MililaryUsePolicy 4/15/22