HomeMy WebLinkAboutAgenda Report - May 17, 2023 G-01 PHCITY OF
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CALIFORNIA
AGENDA ITEM C3'W I
COUNCIL COMMUNICATION
AGENDA TITLE: Public Hearing for May 17, 2023, to Consider Approving the Use of Equipment Identified
as Military Equipment in Accordance with AB 481.
MEETING DATE: May 17, 2023
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Public Hearing for May 17, 2023, to Consider Approving the Use of
Equipment Identified as Military Equipment in Accordance with AB 481.
BACKGROUND INFORMATION: On September 30, 2021, the California Legislature adopted Assembly Bill
481 ("AB 481"), which requires law enforcement agencies to submit to the
governing body an annual military equipment report for each type of military
equipment approved by the governing body within one year of approval and annually thereafter for as long as
the military equipment is available for use.
The Lodi Police Department ("LPD") is a law enforcement agency that must comply with AB 481. As defined by
law, LPD currently uses military equipment in its operations and has now compiled a list of military equipment
used by the Department in an Annual Military Equipment Report for public review and City Council consideration.
This Report should be reviewed in accordance with LMC 2.26.020(a)(1)-(4).
Pursuant to AB 481, the report must be posted to LPD's website 30 days prior to the first hearing. The report
has been posted to LPD's website since March 27, 2023, and is available here:
https://www.lodi.gov/1 132/Militar_E ui rnent-Folic . We now ask that the Council approve the use of
equipment identified as military equipment in accordance with AB 481.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Sierra Brucia
Chief of Police
APPROVED: :177sal—viii ler fmmym.1117i11.3nI'D11
Stephen Schwabauer, City Manager
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 firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise -flash diversionary devices and explosive breaching tools.
• Munitions containing tear gas or OC, excluding standard, service -issued handheld
pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require
additional oversight.
Copyright Lexipol, LLC 2023/03/16, All Rights Reserved. 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:
See attachment: Military Equipment Inventory 2022.pdf
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 2023/03/16, All Rights Reserved. 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 2023/03/16, All Rights Reserved. Military Equipment - 3
Published with permission by Lodi Police Department
Lodi PD Policy Manual
Attachments
Copyright Lexipol, LLC 2023/03/16, All Rights Reserved. Attachments - 4
Published with permission by Lodi Police Department
Lodi PD Policy Manual
Military Equipment Inventory 2022.pdf
Copyright Lexipol, LLC 2023/03/16, All Rights Reserved. Military Equipment Inventory 2022.pdf - 5
Published with permission by Lodi Police Department
Memorandum
To: Chief Sierra Brucia
From: Captain Eric VerSteeg
Date: January 5, 2022
Lodi Police Department
Sierra Brucia
Chief of Police
Re: Military Equipment Inventory
The following inventory has been compiled in accordance with Lodi Police Department Lexipol
Policy 706 and Government Code 7070-7072.
As of January 5, 2022, the Lodi Police Department owns and possesses the following items of
equipment:
1. Equipment Description: Three (3) unmanned, remotely piloted aerial vehicles (DJI
Maverick, DJI Matrice and DJI Phantom)
Purpose: Deployed to assist officers or incident commanders by providing an aerial view.
Deployment examples include but are not limited to searches for missing persons, major
collision investigations, disaster management, crime scene documentation, and SWAT or
other tactical operations. Operators shall have completed all required FAA and Department
training. Unmanned aerial systems are used in accordance with Lodi PD Lexipol Policy 606.
Fiscal Impact: No known annual or maintenance costs. The Mavic was purchased for
$7,299 and the Phantom for $6,740. The Matrice was purchased by the Lodi Police
Foundation for $31,881.
2. Equipment Description: One (1) unmanned remote controlled Recon Robotics Throwbot
Purpose: Remotely controlled handheld robot that may be deployed during tactical
operations to safely gather intelligence and reduce risk of contact with armed suspects. May
be deployed by trained personnel at the direction of the incident commander.
Fiscal Impact: No known annual or maintenance costs. Purchase price of $17,833.
3. Equipment Description: One (1) unmanned remote controlled Icor Technology Mini -
Caliber (render safe robot) assigned to EOD
Purpose: Utilized by trained members of the Emergency Ordinance and Disposal team to
locate and rend safe or transport potentially explosive ordinances. At the discretion of the
incident commander, the robot may be used during tactical incidents such as for barricaded
subjects, high risk warrant service and hostage rescue. Use of two way communications
allows operators to speak with potentially armed suspects and provide opportunities for de-
escalation, negotiations, or providing a view into the building for a tactical advantage.
Fiscal Impact: No known annual maintenance costs. Purchased by the Lodi Police
Foundation for approximately $66,120.
4. Equipment Description: Two (2) iRobots Model BB2590
Purpose: Two remote controlled robots that can be outfitted for surveillance and/or bomb
disposal. Robots were obtained through the 1033 program at no cost to the City. The
department is in the process of returning the robots to the military.
Fiscal Impact: No costs associated with these items.
5. Equipment Description: One (1) Ballistic Armored Tactical Transport (BATT) rescue
vehicle assigned to the Operations Division
Purpose: The BATT is an armored personnel carrier that provides protection against both
small arms and rifle fire. It is equipped with emergency lighting and a public address
system. Crisis incident negotiators use the public address system during high risk warrant
services and other hazardous events. There is also attachable battering ram with an
attachable device for deploying chemical agents. The BATT is designed for citizen and
officer rescues, evacuations, and deployments of officers. It is also used during community
events for parades, toy drives and National Night Out. During tactical or rescue missions, it
is utilized at the request of the Incident Commander or SWAT commander. All sworn
personnel receive training in its use and operation. Use of this vehicle is regulated under
Lexipol policy 406.
Financial Impact: Annual maintenance costs vary, typically about $3,000 per year.
Purchase price of $248,400 with $50,000 paid for by a Homeland Security grant and the
remainder by the Lodi Police Foundation.
6. Equipment Description: One (1) Ford Expedition modified with the ability to operate as a
mobile Command Post
Purpose: This vehicle contains a radio, computer, a scribing station and monitors for
viewing footage from the UAS. It is assigned to the Patrol Watch Commander during daily
duties, but also provides support during major incidents or searches for missing persons. It
may be used by any sworn officer with a standard driver's license.
Financial Impact: Annual maintenance costs typically associated with a patrol vehicle
including regular service and repair or replacement of worn or damaged parts. Purchase
price of vehicle, equipment and installation totaling $72,303.
7. Equipment Description: One (1) Mobile Operations Center; a truck/trailer combination
equipped with radios, computers and telephones for major incidents or special events.
Purpose: The Mobile Operations Center (MOC) is deployed 3-5 times per year. It was
purchased in 2001 in partnership with the Lodi Fire Department, though use, maintenance
and upkeep have become the primary responsibility of the Police Department. It is deployed
during special events such as the 4t" of July event at Lodi Lake and during the Grape
Festival. As a Command Post, it has room for multiple dispatchers,
Commanders and other personnel during major incidents that are typically extended in
nature. It is also equipped with air conditioning, a bathroom and a small conference room. It
is only driven by officers trained in its use who also maintain a valid Class A license.
Financial Impact: Annual maintenance costs are approximately $1,000 per year. Purchase
price of $172,235.
8. Equipment Description: Fifty six (56) .223 Colt AR -15 rifles assigned to all officers ranked
Lieutenant and below, with the exception of officers assigned to SWAT.
Purpose: These semi-automatic rifles are a lethal weapon option designed to stop a deadly
encounter. Rounds fired from these rifles are able to penetrate body armor on suspects,
and aid officers in situations that may require accurate and effective fire at a long range.
Rifles may only be used by officers who have completed a POST certified 16 hour tactical
rifle course. Use of these firearms is governed by Lexipol Policy 305 (Firearms) and Lexipol
Policy 300 (Use of Force).
Financial Impact: There are little to no annual maintenance costs. Purchase price of
$22,505.
9. Equipment Description: Fifteen (15) .223 Colt M-4 rifles assigned to SWAT
Purpose: These short barreled semi-automatic rifles are assigned to members of the SWAT
team. The shorter length allows for facile movements within a building during tactical
operations. They are utilized during situations when accurate fire may be required.
Financial Impact: There are little to no annual maintenance costs. Purchase price of
$14,418.
10. Equipment Description: Twenty three (23) CTS noise -flash diversionary devices (flash -
bangs) assigned to SWAT and eighteen (18) CTS training noise -flash diversionary devices
("flashbang training fuse") assigned to SWAT
Purpose: A noise -flash diversionary device creates a bright flash and loud sound to
temporarily distract nearby subjects by temporarily overwhelming their hearing and vision.
These devices allow officers to quickly take control during volatile and high-risk operations.
Additional devices are for training purposes only. These devices may only be used by
officers trained in their proper use at the direction of the SWAT or Incident Commander.
Financial Impact: There are no annual maintenance costs. Purchase price of $776 and
$693 for the training devices.
11. Equipment Description: Tear Gas
• Five (5) 37 mm Ferret CS gas - $134
• Nineteen (19) Flameless-smoke tri -chamber CS gas - $665
• Five (5) Stinger .32 caliber rubber ball CS gas - $240
• Sixty (60) 40 mm CS Ferret Liquid Barricade gas - $1,260
• Fifty (50) 12 gauge Ferret Liquid Barricade Penetrator CS gas - $341
• Forty five (45) 12 gauge Ferret Powder CS gas - $391
• Eighteen (18) 37 mm short range CS rounds - $450
• Nineteen (19) 37 mm direct impact CS projectiles - $608
• Two (2) 37 mm barricade penetrating CS projectile - $54
• Two (2) Rubber baton projectiles - $58
• One (1) 40 mm Ferret CS projectile - $21
• One (1) .32 caliber stinger rubber ball projectile - $55
• Twelve (12) OC rubber ball grenade - $629
• Seven (7) smoke canisters - $372
Purpose: These devices are assigned to the Mobile Field Force Team and the SWAT
Team. They are deployed at the discretion of the Incident Commander or team
commanders by personnel who have received POST certification in their use. Use of these
agents is regulated in Lexipol policies 415 (Mobiles Field Force), 405 (SWAT/CINT), and
303 (Control Devices and Techniques). Situations for tear gas use may include but not be
limited to riots or civil unrest, circumstances that require a tactical advantage, and to subdue
dangerous or combative individuals.
Financial Impact: There are no annual maintenance costs. These devices expire after 5
years. Purchase price listed with each item. Price represents total purchase price of that
type of item, not individual unit cost.
12. Equipment Description: Projectile Launch Platforms
• One (1) 37 mm SL -6 Penn Arms Multi -Shot Projectile Launcher assigned to SWAT
• One (1) LMT single tube 40 mm launcher assigned to Mobile Field Force
Purpose: Projectile launchers are used to deliver tear gas devices from a distance. They
are only to be used by designated personnel who have received POST certification in their
use.
Financial Impact: There are no annual maintenance costs. Purchase price of $857 for the
LMT launcher. The SL -6 was purchased over 25 years ago, unknown purchase price.
13. Equipment Description: Kinetic weapons - twenty seven (27) orange Remington 870 12
gauge shotguns
Purpose: These firearms are only used for firing bean-bag rounds. Each patrol vehicle is
assigned this kinetic weapon as a less -lethal force option that can be deployed from a
distance, reducing the likelihood of injury to both officer and suspects. These may be used
4
by trained personnel to help subdue violent subjects. Use of these weapons is regulated by
Lexipol policy 305 (Firearms).
Financial Impact: There are no annual maintenance costs. Purchase price of $13,504.
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVING USE OF
EQUIPMENT IDENTIFIED AS MILITARY EQUIPMENT IN ACCORDANCE
WITH AB 481
PUBLISH DATE: SATURDAY, MAY 6, 2023
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: OLIVIA NASHED, CITY CLERK
LNS ACCT. #5100152 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, MAY 4, 2023
ORDERED BY: OLIVIA NASHED
CITY CLERK
PAMELA M. FARRIS
ASSISTANT CITY CLERK
KAYLEE CLAYTON
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Emailed to the Sentinel at legals@lodinews.com at (time) on (date) (pages)
forms\advins.doc
DECLARATION OF POSTING
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVING USE OF EQUIPMENT
IDENTIFIED AS MILITARY EQUIPMENT IN ACCORDANCE WITH AB 481
On Thursday, May 4, 2023, in the City of Lodi, San Joaquin County, California, a copy of
a Notice of Public Hearing to consider approving use of equipment identified as military
equipment in accordance with AB 481 (attached hereto, marked Exhibit "A") was posted
at the following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
WorkNet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 4, 2023, at Lodi, California.
PAMELA M. FARRIS
ASSISTANT CITY CLERK
ORDERED BY:
OLIVIA NASHED
CITY CLERK
A�,,�A -
KAY CLAYTON
ADMINISTRATIVE CLERK
\\cvcfilv0l\administration$\Administration\CLERK\Agenda\City Council\Public
Hearings\AFFADAVITS\DECPOST] .DOC
z. CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: May 17, 2023
Time: 7:00 p.m.
For information regarding this notice please contact:
Olivia Nashed
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, May 17, 2023, 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) Approving use of equipment identified as military equipment 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.
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:
Olivia Nashed
City Clerk
Dated: May 3, 2023
Approved as to form:
Katie O. Lucchesi
Assistant 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.
CLERKIPUBHEAR\NOTICES\NoIPD MilileryUsePolicy 5/1/23