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HomeMy WebLinkAboutAgenda Report - June 1, 2022 I-01CITY OF zt� Q C A L I FORN IA COUNCIL COMMUNICATION AGENDA ITEM 14M 1 AGENDA TITLE: Adopt Ordinance No. 2001 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Article 2 — Administration and Personnel — by Adding Chapter 2.26, 'Military Equipment Use Policy,' to Provide for the Lodi Police Department's Adoption of a Military Equipment Use Policy in Accordance with AB 481" MEETING DATE: June 1, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2001. BACKGROUND INFORMATION: Ordinance No. 2001 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Article 2 — Administration and Personnel — by Adding Chapter 2.26, 'Military Equipment Use Policy,' to Provide for the Lodi Police Department's Adoption of a Military Equipment Use Policy in Accordance with AB 481," was introduced at the regular City Council meeting of May 18, 2022. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id, All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE: Not applicable Not applicable. ww Olivia Nashed City Clerk Attachment Signature: 219ft- Ww l r, It 7M2.7 ]"! M F-Dtj Email: schwabauer@lodi.gov APPROVED: Steve schwabauer Stephen Schwabauer, City Manager ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481 WHEREAS, on September 30, 2021, the California Legislature adopted Assembly Bill 481 ("AB 481 "), which requires law enforcement agencies to obtain approval of their governing bodies, by adoption of a military equipment use policy, by ordinance at a regular meeting prior to a law enforcement agency taking action to fund, acquire, or use retired military equipment; and WHEREAS, the Lodi Police Department is a law enforcement agency that currently uses military equipment in its operations and is required to comply with AB 481; and WHEREAS, the Police Department has submitted a proposed Military Equipment Use policy, attached hereto and incorporated herein as Exhibit "A", to the City Council for review and has made the Policy available on the Police Department's website for at least 30 days prior to the first public hearing introducing this Ordinance; and WHEREAS, the Policy was first considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted on May 18, 2022; and WHEREAS, at the regular meeting of the City Council held on June 1, 2022, the City Council conducted a second reading to adopt this Ordinance providing for the Policy. NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS' Section 1. The foregoing recitals are true and correct. Section 2. Lodi Municipal Code Chapter 2.26 entitled, "Military Equipment Use Policy," is hereby added to Article 2 — Administration and Personnel — to read as follows: 2.26.010 Military Equipment Use Policy (a) The City Council has made the following determinations: (1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) The proposed military equipment use policy ("Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; (3) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (5) The City Council approves the use of the Policy, and finds that it satisfies the requirements of Government Code Section 7070(d). (b) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use. (c) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (d) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)(g). Section 3. Technical Adjustments. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to text of this Ordinance or the Policy that do not substantively affect the content of this Ordinance. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment. Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 1s' day of June, 2022 ` , %tic., MIKEY-�ITHI Mayor Pro Tempore Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2001 was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held June 1, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, and Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi and Mayor Chandler ABSTAIN COUNCIL MEMBERS — None I further certify that Ordinance No. 2001 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. OLIVIA NASHED City Clerk Approved as to Form: J NI E D. AGDICH City Attorney 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 DECLARATION OF POSTING 5 �V • ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481 On Thursday, June 1, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2001 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 1, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsum maries\uDecPost.doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481 WHEREAS, on September 30, 2021, the California Legislature adopted Assembly Bill 481 ("AB 481 "), which requires law enforcement agencies to obtain approval of their governing bodies, by adoption of a military equipment use policy, by ordinance at a regular meeting prior to a law enforcement agency taking action to fund, acquire, or use retired military equipment; and WHEREAS, the Lodi Police Department is a law enforcement agency that currently uses military equipment in its operations and is required to comply with AB 481; and WHEREAS, the Police Department has submitted a proposed Military Equipment Use policy, attached hereto and incorporated herein as Exhibit "A", to the City Council for review and has made the Policy available on the Police Department's website for at least 30 days prior to the first public hearing introducing this Ordinance; and WHEREAS, the Policy was first considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted on May 18, 2022; and WHEREAS, at the regular meeting of the City Council held on June 1, 2022, the City Council conducted a second reading to adopt this Ordinance providing for the Policy. NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. Lodi Municipal Code Chapter 2.26 entitled, "Military Equipment Use Policy," is hereby added to Article 2 — Administration and Personnel — to read as follows: 2.26.010 Military Equipment Use Policy (a) The City Council has made the following determinations: (1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) The proposed military equipment use policy ("Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; (3) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (5) The City Council approves the use of the Policy, and finds that it satisfies the requirements of Government Code Section 7070(d). (b) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use. (c) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (d) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)(g). Section 3. Technical Adjustments. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to text of this Ordinance or the Policy that do not substantively affect the content of this Ordinance. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. No Mandatory Dutv of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. section 5. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment. Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 1St day of June, 2022 MIKEY HOTHI Mayor Pro Tempore Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin, ss I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2001 was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held June 1, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, and Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi and Mayor Chandler ABSTAIN. COUNCIL MEMBERS — None I further certify that Ordinance No. 2001 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. OLIVIA NASHED City Clerk Approved as to Form JANICE D. MAGDICH City Attorney NO—F 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: SUMMARY OF ORDINANCE NOS. 2001 AND 2002 PUBLISH DATE: SATURDAY, JUNE 4, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JUNE 2, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK 7 I Ir. PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at ' {time] on {date) \\cvcfilv0l\administration$\Administration\CLERK\Agenda\City Council\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481. The purpose of this ordinance is to provide for the adoption of a military equipment use policy in order to comply with the mandates of Assembly Bill 481. Introduced May 18, 2022. Adopted June 1, 2022 and effective July 1, 2022. AYES: Hothi, Khan, and Kuehne; NOES: None; ABSENT: Nakanishi and Mayor Chandler. ORDINANCE NO. 2002 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND REENACTING CHAPTER 13.16, "SOLID WASTE," IN ITS ENTIRETY. The purpose of this ordinance is to mandate generators, collectors, and other entities change the manner in which organic waste is collected, managed, and processed, in order for the City to be in compliance with Senate Bill 1383. Introduced May 18, 2022. Adopted June 1, 2022 and effective July 1, 2022. AYES: Hothi, Khan, and Kuehne; NOES: None; ABSENT: Nakanishi and Mayor Chandler. Olivia Nashed, City Clerk City of Lodi June 1, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481 On Thursday, May 19, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2001 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 19, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ord s ummariesWDeePost.doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk Exil'B-iT" H ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481 WHEREAS, on September 30, 2021, the California Legislature adopted Assembly Bill 481 ("AB 481"), which requires law enforcement agencies to obtain approval of their governing bodies, by adoption of a military equipment use policy, by ordinance at a regular meeting prior to a law enforcement agency taking action to fund, acquire, or use retired military equipment; and WHEREAS, the Lodi Police Department is a law enforcement agency that currently uses military equipment in its operations and is required to comply with AB 481; and WHEREAS, the Police Department has submitted a proposed Military Equipment Use policy, attached hereto and incorporated herein as Exhibit "A", to the City Council for review and has made the Policy available on the Police Department's website for at least 30 days prior to the first public hearing introducing this Ordinance; and WHEREAS, the Policy was first considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted on May 18, 2022; and WHEREAS, at the regular meeting of the City Council held on June 1, 2022, the City Council conducted a second reading to adopt this Ordinance providing for the Policy. NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS' Section 1. The foregoing recitals are true and correct. Section 2. Lodi Municipal Code Chapter 2.26 entitled, "Military Equipment Use Policy," is hereby added to Article 2 — Administration and Personnel — to read as follows: 2.26.010 Military Equipment Use Policy (a) The City Council has made the following determinations: (1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) The proposed military equipment use policy ("Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; (3) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (5) The City Council approves the use of the Policy, and finds that it satisfies the requirements of Government Code Section 7070(d). (b) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use. (c) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (d) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)(g). Section 3. Technical Adiustments. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to text of this Ordinance or the Policy that do not substantively affect the content of this Ordinance. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment. Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 15► day of June, 2022 MARK CHANDLER Mayor Attest OLIVIA NASHED City Clerk State of California County of San Joaquin, ss I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2001 was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held June 1, 2022, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 2001 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney 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. • TASERO 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 Lexlpol, LLC 2021/12/29, All Rights Reserved. ***DRAFT*** Military Equipment - 1 Publlshed with permission by Lodi Pollce 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 2021/12129, 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 temporaril;r, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the de )loyment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in �:'t manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an ac reement with, any other person or entity to seek funds for, apply to receive, acquire,se, or collaborate in the use of military equipment. ii (g) Acquiring military equipment through any means not providecl 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 accordan e 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 God ernment 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, thf at least one well-publicized and conveniently located community engage the Department should discuss the report and respond to public question acquisition, or use of military equipment. Copyright LeApol, LLC 2021112/29, All Rights Reserved. ***DRAFT*** Published with permission by Lodi Police Department Department shall hold hent meeting, at which regarding the funding, Military Equipment - 3 SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 2001 AND 2002 PUBLISH DATE: SATURDAY, MAY 21, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 19, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at (time) on (date) \\cvcfilv0l\administration$\Administration\CLERK\Agenda\City Council\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 2001 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481. The purpose of this ordinance is to provide for the adoption of a military equipment use policy in order to comply with the mandates of Assembly Bill 481. Introduced May 18, 2022. Adaption to be considered June 1} 2022. AYES: Hothi, Khan, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Kuehne. ORDINANCE NO. 2002 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND REENACTING CHAPTER 13.16, "SOLID WASTE," IN ITS ENTIRETY. The purpose of this ordinance is to mandate generators, collectors, and other entities change the manner in which organic waste is collected, managed, and processed, in order for the City to be in compliance with Senate Bill 1383. Introduced May 18, 2022. Adoption to be considered June 1, 2022. AYES: Hothi, Khan, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Kuehne. Olivia Nashed, City Clerk City of Lodi May 18, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.