California City City Council
January 10, 2023

PH 1.

CITY COUNCIL
DATE: January 10, 2023
TO: Mayor and City Council CALIFORN
FROM: Jesse Hightower, Chief of Police
By: Victor Ponto, City Attorney
SUBJECT: Introduce and Waive the First Reading of Ordinance No. 23-799 to Adopt Military Equipment Use Policy ("Policy") as Required by Assembly Bill 481 ("AB 481")

BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481), relating to the use of "military equipment" by law enforcement agencies in California. AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481 (Attachment No. 2), codified at California Government Code Sections 7070 through 7075, requires law enforcement agencies to obtain authorization from its governing body, via adoption of a military equipment use policy via ordinance, thus approving the military equipment. The governing body as defined under law for the City is the California City Council.

Pursuant to AB 481, the ordinance adopting the military equipment policy must be adopted at a regular meeting of the City Council. AB 481 requires that any law enforcement agency seeking to continue to use any "military equipment" as broadly defined by the law acquired before January 1, 2022, must commence the approval process prior to May 1, 2022. AB 481, as part of the public input and transparency process, requires posting of the agency policy for public feedback for 30 days prior to any public meeting. The Police Department's proposed military equipment policy was posted on the City's website for public comment on September 26, 2022. Pursuant to AB 481, the City Council may only approve the military equipment policy if it makes the following determinations:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy 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.

Once adopted, AB 481 requires the governing body (City Council) to annually review the ordinance for approval or disapproval of a renewal of the authorization for a type, as defined, of Military Equipment or amend the Military Equipment Policy if the policy does not comply with the standards established by law. AB 481 also requires annual reporting on the military equipment identified in the policy, and an annual community engagement meeting regarding the annual report.
120 January 10, 2023
California City Police Department (CCPD) seeks the City Council's adoption of Ordinance No. 23-799 (Attachment No. 1), approving the Department's Military Equipment Policy (Exhibit A), allowing CCPD to continue to use the vital safety equipment specified therein.

ANALYSIS:

California City Police Department is committed to using various tools and equipment to safeguard the community, placing the community safety first. Many items defined by AB 481 as military equipment, as outlined below, are in fact utilized by the department today as well as many agencies throughout Kern County and the Nation. These items provide officers with critical tools and the ability to safely resolve dynamic and volatile situations that may otherwise rise to the level of a lethal encounter. These tools and equipment, combined with the proposed departmental military equipment policy, are a key component to facilitating compliance with the department's Use of Force policy.
1) It is important to understand that the term "military equipment" as used within AB 481 does not necessarily indicate equipment that has been used or provided by the military. Only three items out of the full 2022 Military Equipment List report were obtained from the Federal 1033 program. The first equipment item is one (1) Armored Personnel Carrier obtained from the Federal 1033 program on March 6, 2014 (listed as Item 1 under Category 2 (Armored Personnel Vehicle)). The second equipment item are five (5) AM General High Mobility Multipurpose Wheeled Vehicle (HMMWV) obtained from the Federal 1033 program on January 2, 2009 (listed as Item 2 under Category 3 (HMMWV)). The third equipment item are fifteen (15) Colt Carbine Rifles obtained from the Federal 1033 program on August 24, 2010 and April 16, 2021 (listed as Item 3 under Category 9 (Ammunition of .50 caliber or greater)). The California City Police Department continues to utilize the Federal 1033 program.

AB 481 Definition of Military Equipment (Government Code Section 7070) Assembly Bill 481 has created Government Code Section 7070 to designate the following fifteen (15) categories of items as military equipment:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically 121 January 10, 2023
excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

California City Police Department is currently in possession of items in Categories 2, 3, 9, 12 and 14 from the above list.

In accordance with the procedure set forth under AB 481, the California City Police Department's draft Military Equipment Policy § 706 was first made available on the City's website on September 26, 2022 - more than 30 days before the public meeting at which the policy is to be first considered by the City Council. The draft Military Equipment Policy includes a list of newly defined military equipment currently in the California City Police Department's possession. The City's website provides a means for the public to submit complaints, concerns, or questions about the use of each specific type of military equipment.

The policy has been developed in consultation with the City Attorney, who reviewed and approved this policy as to content and form prior to release on the City's website.

AB 481 Approval of the Military Equipment Use Policy (Government Code Section 7071) California Government Code Section 7071(d)(1) states the following:
"The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy 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." The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Military Equipment Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available 122 January 10, 2023
alternatives that can achieve the same objective of officer and civilian safety. All prior military equipment use complied with the City's policies that were in effect at the time. Additionally, all items currently in possession of the California City Police Department have been approved during the associated budgetary periods commensurate with the items purchased.

AB 481 Funding, Acquisition and Use of Military Equipment (Government Code Section 7071) In accordance with California Government Code Section 7071(a)(1), the adoption of a military equipment use policy by ordinance, would give the Police Department the approval from City Council to do the following:
(A) Request military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seek 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) Acquire military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborate with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Use any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Solicit or respond to a proposal for, or enter 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) Acquire military equipment through any means not provided by this paragraph.

AB 481 Annual Reporting Requirements (Government Code Section 7072) Once approved, AB 481 establishes annual reporting requirements within Government Code Section 7072.

The Police Department's annual report to Council requires reporting of each type of equipment used within the year and annual reporting thereafter. The annual report requires the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audit, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

FISCAL IMPACT:

Adoption of this Ordinance has no fiscal impact on the City. 123 January 10, 2023

ENVIRONMENTAL REVIEW
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, EQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a "project" for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

This determination reflects the City's independent judgment and analysis.

RECOMMENDATION
Staff recommends that the City Council approve the following actions:
(1) Introduce and waive the first reading of the proposed Ordinance of the City of California City adopting a Military Equipment Policy ("Policy") in accordance with state law; and (2) Recommend Ordinance No. 23-799 for second reading on January 24, 2023.

ATTACHMENTS:

1. Ordinance Adopting Military Equipment Policy with Exhibit A, California City Police Department Draft Military Equipment Policy, including the 2022 Annual Military Equipment List Report.

2. Text of California Assembly Bill 481.
124 January 10, 2023
ORDINANCE NO. 23-799

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF CALIFORNIA CITY, CALIFORNIA, ADOPTING A

MILITARY EQUIPMENT POLICY GOVERNING THE USE

OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY
BILL 481

RECITALS
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seg.), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term "military equipment" is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency's use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the California City Police Department is in possession of certain items of equipment that qualify as "military equipment" under AB 481; and WHEREAS, the California City Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the California City Police Department made the proposed Military Equipment Policy available on the Police Department's website beginning on September 26, 2022, for at least 30 days prior to the first public meeting concerning the proposed Military Equipment Policy; and
WHEREAS, as required by AB 481, the City Council determines as follows:
(a) 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 125 January 10, 2023
and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and
(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) 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 Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the California City Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of California City, having received the information required under AB 481 regarding the California City Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the California City Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City, and hereby approves the Military Equipment Policy attached hereto as Exhibit "A." The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the California City Police Department.

SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. 126 January 10, 2023
SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the City of California City Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. Effective Date. In accordance with Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

Certification. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published or posted as required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City in a regular meeting held on the 10" day of January 2023.

Kelly Kulikoff, Mayor
ATTEST:

Socorro Chavez, City Clerk
APPROVED AS TO FORM:

Victor Ponto, City Attorney
127 January 10, 2023

CERTIFICATION
1, City Clerk of the City of California City, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 23-799 which was introduced on January 10, 2023 and adopted by the City Council of the City of California City, California at a regular meeting thereof held on the 10t* day of January, 2023, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this day of
Socorro Chavez, City Clerk
128 January 10, 2023

EXHIBIT A

MILITARY EQUIPMENT POLICY
129 January 10, 2023
Policy California City Police Department
706 California City PD CA Policy Manual 2022
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 (HMMV), 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 (LADs).
• 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 2022/08/15, All Rights Reserved. Military Equipment - 522 Published with permission by California City Police
Department
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California City Police Department
California City PD CA Policy Manual 2022
Military Equipment
706.2 POLICY
It is the policy of the California City 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 California City 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] See attachment: Qualifying Equipment.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):

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Department
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California City Police Department
California City PD CA Policy Manual 2022
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.

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.

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Department 132
January 10, 2023
Attachment California City PD - Policy Manual 2022
California City PD CA Policy Manual 2022
Qualifying Equipment.pdf
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Department
133 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
1) Armored Personnel Carrier (Category 2)
a) Quantity, Description, Capabilities, and Cost:

One (1) 2013 Caiman Six-wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission,

7.2 Diesel engine-powered personnel carrier with ballistic glass and armorratedto.50 caliber.

The Calman is designed to provide ballistic protection during rescues and tactical events. It is designedto withstandmultiple bulletsstrikes from small arms fire as well as low-level explosions and is equipped with emergency lights/siren, a public address system, and the words "Police Rescue" on each side. A common use for the Caiman includes citizen and officer rescues, evacuations, and the deployment of officers. The Caiman is regional mutual-aid assetthat can be deployed tosurrounding cities as well as community outreach events for display.

Initial cost $O. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use ofarmored vehicles shall only be authorized by a watch commander based on the specific circumstances ofa given incident. Armored vehicles shall be usedonly by officers trained in their deployment and in a manner consistent with the Department Policy and Training. d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance $0 - $1.000.
f) Training:

Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.
g) Legal and Procedural Rules:

Use is established in the Department manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law. 1 134 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
2) High Mobility multipurpose wheeled vehicles (HMMWV) Commonly referred to as Humvees (Category 3)
a) Quantity, Description, Capabilities, and cost:

Five (5) AM General, The High Mobility Multipurpose Wheeled Vehicle (HMMWV) is a lightweight, highly mobile, high-performance, diesel-powered, four-wheel drive family of tactical vehicles. The HMMWV supports search and rescue service support units with a versatile, mission-configurable, tactical wheeled vehicle. HMMWVs are equipped with emergency lights/sirens, a public address system, and the words "Police" on each side. A common use for the HMMWV includes citizen and officer rescues, evacuations, and deployment of officers. The HMMWV is a regional mutual-aid asset that can be deployed to surrounding cities, as well as community outreach events for display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.
b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use ofHHMMWVs shall only be authorized by a watch commander based on the specific circumstances ofa given incident. HHMMWVs shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training. d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance $0 - $1,000.
f) Training:

HHMMWVs may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.
g) Legal and Procedural Rules:

Use is established in the Department Manual (Vehicles Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize HHMMWVs for official law enforcement purposes, in conjunction with State and Federal law. 3) Specialized Firearms and Ammunition (Category 9)
2 135 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
a) Quantity, Description, Capabilities, and Purchase Cost:

Nineteen (19) Colt Carbine Rifles, capable ofaccurately stopping an armed subject at various distances. The rifles are lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapons designed for semi-automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks.

Initial cost: The rifles were obtained overa Twenty (20) yearperiod through purchases, trade-ins, and the United States Military, Law Enforcement Support Office, 1033 program.

The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects. i) The Winchester 5.56 mm, 55 grain Bonded Solid Base is the primary duty ammunition deployed during potential lethal encounters.
b) Purpose:

To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policyand Applicable Law. c) Authorized Use:

Only members that are POST certified Peace Officers and have completed The POST Firearms/Tactical Rifle Course.
d) Expected Lifespan:

Carbine Rifle-No expiration.

Ammunition - Winchester 5.56 mm, 55 grain Bonded Solid Base-No expiration. e) Fiscal Impact:

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
f) Training:

Officers receive POST certified training and on-going in-service training above POST standards. Once certified, authorizedusers must qualify with the rifle quarterly. g) Legal and Procedural rules:

Use is established in the Department Manual (Use of Force, firearms, and Patrol Rifles). It is the policy of the Department to utilize these refiles and the associated munitions only for official law enforcement purposes, according to State and Federal law. 3 136 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
4) Diversionary Devices (Category 12)
a) Quantity. Description, Capabilities, and Purchase Cost:

Five (5) Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are "low explosive" devices. They are excellent for use during high-risk entry scenarios and other tactical applications. They may disorient/confuse subjects for a few seconds (lag time), providing law enforcement with an opportunity to end hostile situations peacefully.

Initial cost $0 - $1,400.
b) Purpose and Authorized Use:

The purpose of a diversionary device is to temporarily disorient a hostile subject's senses.

It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud "bang" of greater than 170 decibels. Only CCPD Special Enforcement Team (SET) members who have completed a California Police Officers Standard & Training SWAT academy are authorized to use the device. Refer to CCPD policy 404 Operations Division procedures. SET operators must complete an 80-hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SET operators regularly train on safe device deployments in various operational settings. c) Expected Lifespan:

Five (5) year shelf life.
d) Fiscal Impact:

The department orders fifty (50) devices as needed depending on usage.

These bulk purchases are approximately $2,000.
e) Training:

Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.
f) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law. 4 137 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
5) Tear Gas/Chemical Munitions (Category 12)
a) Quantity, Description, Capabilities, and Purchase Cost:

Chemical agent munitions, commonly called "tear gas," are used as a non-lethal option/tool to disperse rioting subjects/barricaded suspects per California City Police Department Policy and applicable law. Generally, chemical agents can be used to dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally. OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
i) Chemical Munitions:
(1) SAF-Smoke white is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched, or hand thrown.

Cost: $33.83 per munition. Replace as needed.
(2) The Stinger® OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® has an initial 1.5-second delay that initiates fuse assembly separation, followed by another 5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.

Cost: $40.50 per munition. Replace as needed.
(3) Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous bum that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.

Cost: $37.40 per munition.

Cost: $37.40 per munition. Replace as needed.
5 138 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable situations for the use of the less-lethal weapon systems may include, but are not limited to:
(1) Self-destructive, dangerous and/or combative individuals (2) Riot/crowd control and civil unrest incidents
(3) Circumstances where a tactical advantage can be obtained (4) Vicious animals
(5) Training exercises or approved demonstrations
(6) Non-lethal force
c) Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training.
d) Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture. e) Fiscal Impact:

Initial cost $1,500 per munition category. The fiscal impact of the chemical munitions is between $0 - $2,000 annually, depending on usage.
f) Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor.

Additionally, officers will receive ongoing in-service training. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.
6 139 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
6) Projectile Launch Platforms and Associated Munitions - 40mm Launchers (Category 14)
a) Quantity, Description, Capabilities, and Purchase Cost:

Two (2) Defense Technology 40mm Launcher, one (1) Armor Holding 40mm Launcher. 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds. As defined in Department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of the Department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.
b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable situations for the use of the less-lethal weapon systems may include, but are not limited to:
(1) Self-destructive, dangerous and/or combative individuals (2) Riot/crowd control and civil unrest incidents
(3) Circumstances where a tactical advantage can be obtained (4) Vicious animals
(5) Training exercises or approved demonstrations
(6) Non-lethal force
c) Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training
d) Expected Lifespan:

Defense Technology 40mm Launchers - Two (2) year limited warranty. The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear. e) Fiscal Impact:

Cost: Two (2) Defense technology 40mm Launchers - Initial Cost: $3,000 One (1) Armor Holdings - Arms 40mm Launchers - Initial cost: $2,000 40mm Munitions - (Direct Impact 40mm OC Crushable Round) Manufacturer: Defense Technology
7 140 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd.

Cost: $20.50 each
40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round) Manufacturer: Defense Technology
Manufacturer Description: The Exact Impact 40mm sponge round is a point-of-aim, point-of impact direct-fire round. This lightweight, high- speed projectile consists of a plastic body and sponge nose that is spin- stabilized via the incorporated rifling collar and the 40mm launcher's rifle barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities Used for Crowd Control, Patrol, and Tactical Applications.

Cost: $18.75 each
f) Training:

All officers receive training on the use of the 40mm Launcher with the sponge round.

This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a department-certified chemical agent instructor.
g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIMS) Less-Lethal, Chemical Agents, and Oleoresin Capsicum-OC). It is the policy of the Department to utilize the SIM Launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.
8 141 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT

7. Projectile Launch platforms and associated munitions - Beanbag Shotguns (Category 14)
a) Quantity, Description, Capabilities, and Purchase Cost:

Beanbag Shotgun
Nine (9) Remington 870 12-Gauge Multi-Shot Beanbag that has been modified with an orange stock and fore end.

Beanbag shotguns can fire a 12-guauge beanbag round with a maximum effective range of sixty (60) feet.

Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior, as defined in Department Procedure 300, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of department Use of Force policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.

Cost: The Remington 870, 12-Gauge shotgun was converted from a lethal weapon to a non-lethal weapon capable of firing a Super-Sock Beanbag munition.

Beanbag Shotgun Munitions - (12GA Super Sock Beanbag Ammunition) Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75 ft.

Cost: $4.85 each per round. Replace as needed
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c) Authorized Use:

Situations for the use of the less-lethal weapon systems may include, but are not limited to:
(1) Self-destructive, dangerous and/or combative individuals (2) Riot/crowd control and civil unrest incidents
9 142 January 10, 2023

CALIFORNIA CITY POLICE DEPARTMENT MILITARY EQUIPMENT
(3) Circumstances where a tactical advantage can be obtained (4) Potentially vicious animals
(5) Training exercises or approved demonstrations
d) Expected Lifespan:
40mm Launcher: No expiration
40mm Sponge Munition - 5 years
Beanbag Launcher - 5 years
Beanbag Munition - 5 years
e) Fiscal Impact:
40mm Launcher - $0 and $250 annually
40mm Munitions - $0 and $500 annually. Does not include training rounds.

Beanbag Shotgun - $0 and $1,000 annually.

Beanbag Munitions - $0 and $250 annually. Does not include training rounds. f) Training:

All officers are trained in the Remington 870 less-lethal shotgun with the 12-gauge Super-Sock Beanbag round. This training occurs by a POST certified less-lethal instructor and through ongoing in-service training taught by Department instructors. g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of force and Specialty Impact Munitions (SIM) Less Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. 10 143 January 10, 2023

STATE OF CALIFORNIA

AUTHENTICATED
Assembly Bill No. 481
CHAPTER 406
n act to add Chapter 12.8 (commencing with Section 7070) to Divist of Title 1 of the Government Code. relating to military equipmer Approved by Governor September 30. 2021. Filed wit
ecretary of State September 30. 2021

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commoditics, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
specified cities, to guire a bar eat of the applicable germing bidy, d adoption of 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. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that 92 144 January 10, 2023
Ch. 406 - 2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or cnacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire or usc such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 145 January 10, 2023
- 3 Ch. 406
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare. safety, civil rights, and civil liberties before military equipment is funded. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are cither built or modified to acilitate the operational control and direction of public safety unit:
5) Weaponized aircraft, vessels, or vehicles of any kind (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 146 January 10, 2023
Ch. 406 - 4 —
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater: However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls, excluding standard, service-issued handheld pepper (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms
munitions: 40mm projectile launchers, bean bag and their associated specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(I) A deserption of cach type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any ull adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military quipment use policy, including which independent persons or entities have oversight 92 147 January 10, 2023
- 5- Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of cach specific type of military equipment, and how the law enforcement agency will ensure that cach complaint, concern, or question receives a response in a timely manner.
(c) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution means cach item that shares the same manufacturer model 7071. (a) (1) A law enforcement agency shail obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular mecting of the governing body hold pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part I of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to applying for a grant, soliciting or accepting private, local, state, or federa funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
or De us bring i gopher within te er gril in their ent
governing body.
mant or by ny nes or et pring misty apprip by to go prise in ye pursuant to this chapter.

F) Soliciting or responding to a proposal for, or entering into ar greement 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 by this paragraph.
92 148 January 10, 2023
Ch. 406
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy 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. (2) In orderto facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(c) (I) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter I of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of 92 149 January 10, 2023
- 7- Ch. 406
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (c), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community 7072. (a) A law enforcement agency that receives approval fora military equipment use policy pursuant to Section 7071 shall 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 law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the mediately preceding calendar year for each type of military equipmen • A summary or now the military equipment was used and the purpos 2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response (4) The total annual cost for each type of military equipment, including acquisition, personnel, traming, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Secking 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. (3) Acquiring military equipment either permanently or temporarily. including by borrowing or leasing.
92 150 January 10, 2023
Ch. 406 - 8-
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other usc of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seck funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
oF any molary cannent hat was acid prise to glory 1, 2u22hs use create a military equipment usc policy.
policy a stant to eis scion shite do beth of the olive unem 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county.

Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section I of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

SEC. 4. No reimbursement is required by this act pursuant to Section C of Article XIII B of the California Constitution because the only costs thal may be incurred by a local agency or school district under this act would 92 151 January 10, 2023
- 9 - Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 92 152 January 10, 2023
NB2.

CITY COUNCIL
Consent Agenda Item:

January 10, 2023
TO: Mayor the City Council
FROM: Jim Hart, Interim City Manager
SUBJECT: Motion to authorize the advertisement for construction bids for the roadway improvements of Mendiburu Road from Hacienda Blvd. to Neuralia Rd. - CML - 5399 (031) project.

Through the Kern COG, the City of California City was allocated $1,693,381 in Federal funds, for Construction under the Congestion Mitigation and Air Quality (CMAQ) grant. These CMAQ funds are being used for the roadway improvements, (surface unpaved road), on Mendiburu Road from Hacienda Blvd. to Neuralia Rd. The project will pave a 1-mile section of roadway, it includes installation of a concrete culvert at the existing drainage channel, and installation of signs, striping, and pavement markings.

Back on February 23, 2021 the City Council passed Resolution No.02-21-28534 to accept the design phase of this project. Our consultant BHT Engineering, Inc. has completed the design of the road project, see attached construction plans.

At this time, the engineer is requesting the Council's authorization to put the project out to bid.

RECOMMENDATION:

Motion to authorize the advertisement for construction bids for the roadway improvements of Mendiburu Road from Hacienda Blvd. to Neuralia Rd. - CML - 5399 (031) project.

FISCAL IMPACT:

The costs are reimbursable at 88.53% up to $1,693,381 in Federal funds. The current estimated cost for Construction is $2,064,720. The Federal match is $1,693,381 and the local match is $371,339 for this project.

Finance Director to identify local funding source.

ENVIRONMENTAL ACTION:

This project meets Categorical Exemption requirements as outlined in Existing Facilities, - CEQA Section 15301 Class 1,c. The California Department of Transportation (Caltrans) has cleared the project under NEPA with a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26) Attachments: Site Map
Preliminary Cost Estimate
Construction Plans
153 January 10, 2023
Rd
Project Site
Neuralia Rd
California City,
High School
GODS Priority QUEEN
Neuralia Rd
Cal City Clinic Si hitera De
Golf Co
N2oop Bivd ,
Neuralia Rd
First Baptist Church,
California City Recr
Pale Depak et
*Wes Bost Pize Company dessisorre
Fastrip McDonalds AutoZone Auto Partsf
calitoraia city Calcity Pet Crinic California Ciy Blvd Rite Aid ;Best Western Cali Califonls City Blvd • City Inn & :
rdware
California City Dollar General Market
Loop Blvd Fire Department
Robert PUlrich
Elementary
Ja Blvd
Victory Baptist Church
Hacie
CITY OF CALIFORNIA CITY - 2019 CMAQ CALL FOR PROJECTS
Mendiburu Road - Hacienda Blvd. to Neuralia Rd.
154 January 10, 2023
BHT Engineering, Inc. BHT # 20407

CITY OF CALIFORNIA CITY
MENDIBURU RD. - CML 5399(031)
FROM HACIENDA BLVD. TO NEURALIA RD. (1 MILE)

PRELIMINARY ENGINEER'S ESTIMATE
NO. ITEM DESCRIPTION UNIT OF COST PER TOTAL COST

MEASURE QUANTITY UNIT
1 CLEARING & GRUBBING, SITE DEMOLITION, GRADING, L.S. 1 $ 100,000.00 $ 100,000.00

BALANCE ROADWAY/SITE TO NEW GRADES
2 COLD PLANE EXISTING AC SURFACE AND HAUL OFF SITE S.F. 5,551 $ 2.50 $ 13,878.00 3 CHANNEL EXCAVATION & GRADING L.S. 1 $ 38,000.00 $ 38,000.00 CEMENT TREATED SUBGRADE - PULVERIZE 12" EXIST.
4 MATERIAL & MIX WITH 4% CEMENT, WATER, AND COMPACT S.Y. 21,358 $ 8.00 $ 170,864.00 TO 95%
5 4" TYPE "A" HOT MIX ASPHALT TONS 5,178 $ 92.00 $ 476,376.00 6 INSTALL 3-CELL 12'6' RCB CULVERT PER CALTRANS L.S. 1
STANDARD PLANS $ 250,000.00 $ 250,000.00
7 INSTALL TYPE "D" WINGWALL PER CALTRANS STANDARD EA. 50,000.00 PLANS 2 $ | $ 100,000.00
INSTALL TYPE 732/732A CONCRETE BARRIER PER CALTRANS
8 L.F. 68 $ 280.00 19,040.00

STANDARD PLANS
9 INSTALL TYPE 732SW CONCRETE BARRIER PER CALTRANS 68
L.F. $ 360.00 24,480.00

INSTALL TUBULAR HANDRAILING PER CALTRANS STANDARD
10 L.F. 136 80.00 $ 10,880.00
INSTALL 8" THICK CONCRETE CROSS GUTTER (INCLUDES

LAYOUT, SAWCUT, DEMOLITION OF EXISTING
11 EA. 3 $ 10,000.00 $ 30,000.00
IMPROVEMENTS, SCARIFY 12" NATIVE MATERIAL, GRADE, &
INSTALL ADA CURB RAMP (INCLUDES LAYOUT, SAWCUT.
12 DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12" EA. 6 $ 3,500.00 $ 21,000.00 NATIVE MATERIAL, GRADE, & COMPACT TO 90%)

INSTALL CURB & GUTTER (INCLUDES LAYOUT, SAWCUT,
13 DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12" L.F. 2,450 $ 30.00 $ 73,500.00 NATIVE MATERIAL, GRADE, & COMPACT TO 95%)
14 ROCK SLOPE PROTECTION WITH DRAIN ROCK L.S. 1 $ 30,000.00 $ 30,000.00 15 ADJUST WATER VALVE COVER TO GRADE EA. 7 $ 1,750.00 $ 12,250.00 16 ADJUST SEWER MANHOLE TO GRADE (0 TO 18-INCHES) EA. 9 $ 2,000.00 18,000.00 17 ADJUST SEWER MANHOLE TO GRADE (MORE THAN 18- 2 3,600.00 EA. $ 7,200.00

INCHES)
18 5" REINFORCED CONCRETE CAP FOR SEWER PROTECTION S.F. 208 $ 60.00 $ 12,480.00 19 INSTALL DRAIN INLET L.S. 1 $ 8,000.00 $ 8,000.00
20 INSTALL 2 - 15" PVC STORM DRAIN PIPES L.F. 273 $ 110.00 $ 30,030.00 21 STRIPING, MARKINGS AND SIGNAGE L.S. 1 $ 26,000.00 $ 26,000.00 22 INSTALL METAL BEAM GUARD RAIL SYSTEM PER CALTRANS
STANDARD PLANS L.F. 150 $ 200.00 $ 30,000.00
23 INSTALL DIKE TYPE F PER CALTRANS STANDARD PLANS L.F. 632 $ 16.00 10,112.00 24 PREPARE AND IMPLEMENT WATER POLLUTION CONTROL L.S. 1 12,000.00 $ PLAN $ 12,000.00
25 INSTALL TEMPORARY FENCE - TYPE ESA L.F. 5,275 $ 4.00 $ 21,100.00 26 QUALITY CONTROL PROGRAM L.S. 1 $ 20,000.00 $ 20,000.00 27 PRECONSTRUCTION BIOLOGICAL SURVEYS / BIOLOGICAL L.S. 1 MONITORING $ 57,000.00 $ 57,000.00
28 TEMPORARY TRAFFIC CONTROL L.S. 1 $ 10,000.00 $ 10,000.00 Updated: 8/29/22 Construction Subtotal: $ 1,632,190.00
By: JMP Contingency (10%): $ 163,219.00
Construction Total: $ 1,795,409.00
Construction Management: $ 269,311.00
Total Project Estimated Cost: $ 2,064,720.00
155 January 10, 2023
BHT

NEERING, INC

CITY OF CALIFORNIA CITY

STATE OF CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

PROJECT PLANS FOR

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DEPARTMENT OF TRANSPORTATION REVISED STANDARD PLANS AND REVISED STANDARD SPECIFICATIONS, THE CALIFORNIA

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD) LATEST EDITION, AND THE SPECIAL PROVISIONS ACCOMPANYING THIS PLAN.

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(661) 338-4541 PROJECT SITE
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PAO A HE CONTAINE (760) 373-7162
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CITY OF CALIFORNIA CITY PUBLIC WORKS DEPARTMENT 21000 HACIENDA BLVD. CALIFORNIA CITY, CA 93505

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CITY OF CALIFORNIA CITY HACIENDA BLVD. TO NEURALIA RO.

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/B11-50 Return De Table of Contents

BARRIER

TUBULAR HANDRAILING

BAIL COMECTION DETAILS

SECTION E
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AMOSANE DETAILS
BLOT
Return to Table of Contents
:90
CALIFORNIA CITY, CA 93505 DETALS - CALTRANS STANDARDS 3 1 21000 HACIENDA BLVD. CML. 5399-1001) 14
PUBLIC WORKS DEPARTMENT 20407
CITY OF CALIFORNIA CITY HACIENDA BLVD. TO NEURALIA R
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Reture to Table of Cincons

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CONCRETE BARRIER

SECTION C-E

PEDESTAL DETAILS

PEDESTAL PLAN
NB 3.

CALIFORN

COUNCIL AGENDA ITEM
JANUARY 10, 2023
PREPARED BY: Theresa Oaks, Parks and Recreation Supervisor SUBJECT: Reed Removal Equipment Purchase
BACKGROUND/ DISCUSSION:

In January of 1960 giant earthmovers began shaping what was, back then a 20 acre lake in Central Park of California City. At one point there were kayaks and sailboats that community members brought out to enjoy our lake. The city even rented out paddle boats which was a big hit for young and old alike. There were annual fishing derbies, and kids of all ages enjoyed hanging out by the lake and fishing, or just feeding the ducks.

In addition to the community engagement benefits, Central Park Lake is one of the top birding spots in the state of California. The lake has become a habitat for the birds that migrate along the Pacific Flyway. According to ebird.org there have been 294 different species observed in Central Park.

In addition to the birding there are a variety of fish that have homes in Central Park Lake. These include crappie, carp, bass, and catfish among others. There are also toads, bull frogs, and a variety of turtles, like the red eared slider.

The years of neglect that our lake has seen are catching up with us. Currently the reeds have completely stifled the flow of water, so there is no natural current or flow. This is causing the water to be stagnant, and in the summertime the water heats up and will kill the fish. We saw this happen in the ponds around the golf course this last summer, and we saw some fish deaths at the main lake as well. We are currently at a point that we need to do some basic maintenance, or we run the risk of losing the lake and its ecosystem entirely. We are on a bit of a time crunch, as this needs to be done before the upcoming spring nesting season.

Central Park Lake https://www.youtube.com/watch?v=wltAbBOaOXY Staff has looked into the cost of having the reeds professionally removed, in the hopes that it would be a quick fix, as well as a little more financially feasible. However, it is not cost effective to have the reeds professionally removed. The company that we received the quote from stated that it would easily be a 15 day job, which means the total for professional reed removal would be $163,250. This far exceeds what it would cost the city by purchasing the equipment. Purchase of the equipment would allow for ongoing maintenance by the city, thus, eliminating the need to contract for the service 3 times a year.
170 January 10, 2023
Staff contacted Weedoo boats, aquamarine.ca., lakeweedharvester, and Silvermist aquatics services. Weedoo boats and lakeweedharvester got back to me with quotes for equipment that can be used in shallow water, and has the capabilities to do everything we need it to do, and that comes with a trailer. The weedoo does have the option for a muck removal tool that can be added later. Please check out this link to view the equipment. https://www.youtube.com/watch?v=cFChn2yPNKw
To ensure the City can maintain the lake for many years to come, staff suggests that purchase of the equipment would be the most cost effective way to provide that maintenance.

FISCAL IMPACT:

If purchased from Weedoo the total fiscal impact will be $100,122.50. This will be split between the water department and the parks department. $50,061.25 will be taken from the water department GL 51-4155-740 for equipment, and $50,061.25 from ARPA GL 10-4155-740.

RECOMMENDATION:

Staff recommends council authorize purchase of reed removal equipment from Weedoo.

ATTACHMENTS:

1. Quote for Weedoo reed removal equipment

2. Quote for Ecoharvester
171 January 10, 2023
weedoo° Sales Quote
Company Address
8020 Belvedere Rd Created Date 12/13/2022
Ste 1 Expiration Date 12/31/2022
West Palm Beach, Florida 33411-6225 00001377
Quote Number
United States
(561) 204-5765
Prepared By
Bobby O'Shields Contact Name Theresa Oaks
Phone (561) 508-8232 760.412.9312 ~
Phone
Email
[email protected] Email [email protected] Bill To Name Ship To Name City of California City
City of California City
Bill To
7800 Moss Avenue Ship To 7800 Moss Avenue
California City, California 93505 California City, California 93505 United States United States
Quote To
United States Additional To United States
Product Product Sales Quantity Discount Total Price
Product Description List Price Price
Code
P-3012 Weedoo® TC Diesel Model
Fiberglass/Kevlar® hull configuration includes deck
mount marine boom cutter, front-end loader with
universal marine bucket system.

Three (3) year hull and deck warranty.

TC Factory installed PowerPack features fluid cooled
TC-3012 Loader/Cutter diesel engine with electric start. State-of-the-art $92,700.00| $92,700.00 1.00 5.00% $88,065.00 Model hydraulic reservoir provides eco-friendly fluid to high ficiency triple pump setup producing 27 GPM
System includes twin propulsion outdrives with
Weedoo Weed-N-Mud propellers and quick change
hydraulics for Weedoo aquatic work attachments.

This also comes equipped with a customized trailer.

The SiltSucker PLUS is designed to continuously rip
SiltSucker and shear solids with a 360° shredding action. The WA-1017.3M PLUS smaller size allows for use in tight spaces. For $11,200.00 $11,200.00 1.00 $11,200.00 municipal, industrial, agricultural and institutional
waste applications.

Operator Workboat T-Top assembly includes seat base mount, WA-1016 T-Top aluminum powder coated frame & marine Sunbrella $825.00 $825.00 1.00 $825.00 Assembly cover
Subtotal S104,725.00
Discount 4.43%
Total Price $100.090.00
172 January 10, 2023
Shipping and $6,597.50
Handling
Grand Total $106,687.50
Terms and Conditions
173 January 10, 2023
Lake Weeders Digest, LLC Invoice
5620 International Parkway
INVOICE #010523
JANUARY 5, 2023
New Hope, MN 55428
Phone 763.551.1441
TO: SHIP TO:

City of California City Same
Theresa Oaks
10350 Heather Avenue
California City, CA 93504
Phone: 760-412-9312
COMMENTS OR SPECIAL INSTRUCTIONS:
50% down payment via Bank Wire Transfer or Company Check, balance due upon delivery in the form of a Bank Certified Check. Lead-time approximately 90 days after receipt of purchase order and 50% down payment. Customer to provide California tax exempt form to avoid paying state taxes.

SALESPERSON P.O. NUMBER REQUISITIONER SHIPPED VIA F.O.B. POINT TERMS MF TBD Waupaca,
Courier Cash
WI

QUANTITY DESCRIPTION UNIT PRICE TOTAL
1 Eco-Harvester, 2023 Model
$109,949.00 $109,949.00
1 Customized Transport Trailer, 2023 Model $9,499.00 $9,499.00 Upgrade to Kubota Diesel Engine to meet CA
1 Emissions Requirements. $11,900.00 $11,900.00
Upgrade to 5' x 5' cutter-head attachment
1 $18,000.00 $18,000.00
w/double acting blades
174 January 10, 2023
It is 2,056 miles to California City, CA and we

1. charge $3.00/mile for one-way delivery which
includes up to 2 hours of product training.

SUBTOTAL
$149,348.00

SHIPPING
$6,408.00

SALES TAX
$0.00

TOTAL DUE
$155,756.00
Make all checks payable to Lake Weeders Digest, LLC
If you have any questions concerning this invoice, contact Lake Weeders Digest at 763.551.1441 or [email protected]
THANK YOU FOR YOUR BUSINESS!
175 January 10, 2023

CHLIFORNIE
ITEM NO. NB 4.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED BY: Ron Smith
SUBJECT: Desert Jade - Update - Discussion - Action

BACKGROUND/ DISCUSSION
Our seniors have been waiting for many months to move into available units (at least 60 on waiting list. Volunteers have asked for the opportunity to clean and refresh these units for our seniors to be able to receive affordable housing.

FISCAL IMPACT. $500.00 per unit for cleaning, shampooing and paint if need be.

COUNCIL OPTIONS. 1. Permit volunteers to prepare these units for immediate occupancy for our seniors.

2. Not allow volunteers to prepare these units.

RECOMMENDATION. Allow volunteers to prepare these units for immediate occupancy by our seniors that are on the waiting list.

ATTACHMENTS
176 January 10, 2023

CALIFORNE
ITEM NO. NB 5.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED By: Ron Smith
SUBJECT: Special Tax Discussion

BACKGROUND/ DISCUSSION
June 20, 2024 is fast approaching on our city. We need immediate discussion on plan for what will be presented to our community.

FISCAL IMPACT. Significant. Current parcel tax is nearly $7,000,000.00 annually.

COUNCIL OPTIONS. 1. Present a cohesive plan after pursuing discussion with citizens, KernTax, Howard Jarvis and Staff, etc.

2. Take no action.

RECOMMENDATION. Immediately pursue discussion and develop a plan for Public Safety protection.

ATTACHMENTS
177 January 10, 2023

CALIFORITE
ITEM NO. NB 6.

COUNCIL AGENDA ITEM
January 10, 2023
PREPARED By: Ron Smith
SUBJECT: Cannabis Odor Mitigation - Temporary Greenhouses

BACKGROUND/ DISCUSSION
Our citizens were promised odor mitigation which is clearly stated in our Cannabis Ordinance. Whatever is being done to mitigate the odor is not working at some facilities. What is the status of temporary greenhouses in our community? How long is temporary?
FISCAL IMPACT. Unsure due to lack of specific tax information on individual cannabis facilities.

COUNCIL OPTIONS. 1. Require cannabis ordinance to be followed and offending cannabis facilities be required to install odor mitigation that is effective or be required to cease operation until installed. Take immediate action on all temporary greenhouses.

2. Do nothing and allow for continued ignoring of our cannabis ordinance and continued poor community image.

RECOMMENDATION. Take immediate action on odor mitigation and adherence to cannabis ordinance. Take immediate action on temporary greenhouses.

ATTACHMENTS
178 January 10, 2023

CALIFORNE
ITEM NO. NB 6A.

COUNCIL AGENDA ITEM
JANUARY 10, 2023
PREPARED BY: Councilman Jim Creighton
SUBJECT: Disposition of Temporary Greenhouses

BACKGROUND/ DISCUSSION
On October 9, 2018, Council met to discuss whether to allow temporary greenhouses to be constructed for use by cannabis cultivators. The concerns by council revolved mainly around wind requirements and odor mitigation.

After considerable discussion by council and public the recommendation was to "Direct the City Manager and City Attorney to develop the necessary agreement to allow for the construction of greenhouses for the cultivation of cannabis on a temporary basis (2-5years) until there is enough power to support indoor cultivation" Vote was 4 Ayes and I recusal.

In the almost 5 years since this was adopted odor mitigation is still a concern of residents and council. So, in that respect the cannabis operators have failed to comply with CCMC Title 5, Chapter 6, Section 5-6.906(h) Odor Control.

As this was a temporary allowance per paragraph 3 of the Staff Report (attached) and cannabis operations have continued in these structures unabated it is time to discuss and direct the disposition of these facilities
FISCAL IMPACT:

It is likely that if greenhouses were directed to replace existing temporary greenhouses with permanent structures that the City would potentially lose revenue from 2 or 3 locations City wide
COUNCIL OPTIONS:

Do nothing and allow temporary structures to remain
Direct the City Manager and City Attorney to enforce CCMC and bring cannabis 179 January 10, 2023
operations into compliance
Direct the City Manager and City Attorney to start the elimination of all temporary greenhouses currently in place and prevent any future construction of temporary greenhouses
Direct the City Manager and City Attorney to eliminate all temporary greenhouses or allow a period of time for the cannabis business to bring the facilities into compliance RECOMMENDATION:

Direct the City Manager and City Attorney to eliminate all temporary greenhouses or allow a period of time for the cannabis business to bring the facilities into compliance ATTACHMENTS:

STAFF REPORT FROM CITY COUNCIL MEETING ON 9 OCTOBER, 2018 180 January 10, 2023

CITY COUNCIL
October 9, 2018
TO: Mayor and City Council
FROM: Robert Stockweil, City Manager
SUBJECT: Green Houses for Cannabis Cultivation
BACKGROUND:

In 2016, the City Council enacted an ordinance to allow medical marijuana as an industry in California City. The City Council recently amended the ordinance to allow medical and recreational cannabis activities in our City. One of the motivations to allow this industry was to provide a tax base for the City. The response to this ordinance has exceeded our expectations and we now have over 200 temporary permitees. To date, only one of these businesses are fully operational and being taxed.

One of the main problems facing our City and especially this industry, is the lack of available power, specifically electricity. Since the ordinance excludes outdoor grows, the focus has been on developing full indoor cultivation, and while greenhouses are not prohibited staff has discouraged developers from proposing them. Complete indoor cultivation requires extensive electrical service which is currently not available in nearly all the areas where the cultivation and other cannabis businesses would be best located. Both Southern California Edison and Southern California Gas Co have indicated that it will be between two to five years before we will have the power needed to run these operations. Several large groups have already left the City and gone to other locations to get their facilities up and running. It is becoming very apparent that if we wait until the City has enough power, we run the risk of losing major portions of this industry, which once developed elsewhere, will not return to California City.

For these reasons several cannabis businesses have approached staff with the proposal that the City consider allowing greenhouses where insufficient power exists to support full indoor cultivation. The concept would be to allow these as a temporary solution while the electrical infrastructure is developed. The initial term for a greenhouse would be two (2) years with a review at the end of the 2nd year to determine whether there is enough power to support an indoor cultivation structure. If there is not enough power at that time a one (1) extension would be granted and the same determination would be made at the end of the extension. The maximum time would be five (5) years. The operators would still be required to mitigate any negative impacts such as odors in accordance with the municipal code. The greenhouses would be required to have a steel super structure anchored into concrete footings and the exterior sheeting must withstand winds of 130 MPH.

RECOMMENDATION:

Direct the City Manager and City Attorney to develop the necessary agreement to allow for the construction of greenhouses for cultivation of cannabis on a temporary basis (2-5 years) until there is enough electrical power to support indoor cultivation. 1 NB 3.
181 January 10, 2023
FISCAL AND ENVIRONMENTAL IMPACT:

This should accelerate the construction and operation of multiple medium to large scale cannabis cultivation facilities resulting in significant revenues over the next several months.
2 182 January 10, 2023

CALIFO RITA
ITEM NO. CB 1.

COUNCIL AGENDA ITEM
JANUARY10, 2023
PREPARED BY: Dr. Jim Hart, Interim City Manager
SUBJECT: Reconsideration of Fast Track Resolution

BACKGROUND/ DISCUSSION
The City Council discussed the Fast Track Resolution 10-22-2952 at the October 25, 2022 meeting and directed staff to bring back a resolution that separated the policy provisions from the administrative procedures. That revised Fast Track Resolution 10-22- 2955 was adopted by the City Council and staff provided, for information purposes only, the Administrative Procedures to the City Council at the November 22, 2022 meeting.

At the December 13, 2022, City Council meeting, staff was asked to bring back for reconsideration Fast Track Resolution 10-22-2952. The reconsidered Fast Track Resolution has been prepared consistent with the Council's direction and is provided as Fast Track Resolution 01-23-2963 for the City Council's review, discussion, and action.

FISCAL IMPACT
There is no direct fiscal impact from reconsidering the Fast Track Resolution

COUNCIL OPTIONS
City Council can adopt Resolution 01-23-2963
City Council can discuss and modify Resolution 01-23-2963 City Council can take no action
City Council can provide further direction to staff

RECOMMENDATION
183 January 10, 2023
The City Council adopt Fast Track Resolution 01-23-2963

ATTACHMENTS
Fast Track Resolution 01-23-2963
184 January 10, 2023
RESOLUTION NO. 01-23-2963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY INTRODUCING FAST TRACK PERMITTING
POLICY
WHEREAS, the Permit Streamlining Act ("PSA"), California Government Code § WHEREAS, on May 28, 2019, the City of California City ("City") adopted Resolution 05-19-2090 which temporarily waived, for a period of 3 years, residential development impact fees for water and sewer and water connection fees; and directed staff to develop a "Fast Track Resolution" for adoption as policy to include expedited review and decision of entitlements subject to the PSA and a separate process for expedited review, and permitting of building and engineering plans and documents; and WHEREAS, pursuant to Resolution 05-19-2090, the Fast Track process shall include timelines for processing project, entitlement and environmental documents; and WHEREAS, "Fast Track" is defined as a commitment by City staff to expedite the plan review and permit process within a structured timeline, tracking status of applications from submission to approval; and
WHEREAS, on April 27, 2021, the City of California City adopted Resolution 04- 21-2857 extending the temporary waiver of the development impact fees and water connection fee for 5 years commencing from March 23, 2021. All other provisions of Resolution 05-19-2090 shall remain in full force and effect including the City Council's instructions to staff to develop a Fast Track permitting process; and WHEREAS, on January 14, 2020, the City of California City adopted Resolution 01-20-2815 establishing a new Master Residential Plan Review fee for residential Master Plan sets, which contain identical sets; and
WHEREAS, local community developer and Kern County Taxpayers Association Director Mr. D.J. Twohig and City staff co-hosted meetings July 7, 2022, and July 14, 2022, including assembly of developer working group both virtually and in City Hall chambers, respectively, to specifically address the development industry questions and comments relating to unnecessary impediments involving entitlement and permitting processes; and
185 January 10, 2023
WHEREAS, discussions between the development community and City staff continued on September 29, 2022, to review and conclude the Draft Fast Track Resolution; and
WHEREAS, on October 25, 2022, City Council adopted Resolution 10-22-2955 and directed the City Manager to separate Resolution 10-22-2952 into a Resolution and separate administrative policy which City Manager brought back to the Council for its information only; and
WHEREAS, on December 13, 2022, City Council discussed the reconsideration of the original Resolution 10-22-2952 which did not include a separate administrative policy; and
WHEREAS, the City recognizes the burdens that unnecessary impediments and delays in processing applications for entitlement and new construction permits pose in attracting and sustaining momentum with residential, commercial, industrial development; and
WHEREAS, the City further recognizes the significance and importance of developers' investment of ingenuity, capital, time and talent, while encountering risks, etc. as necessary to create jobs, tax base and housing opportunities in the community; and WHEREAS, as part of the permitting process, under California Residential Code ('CRC") R106.1, Submittal Documents consisting of construction documents and other data shall be submitted in 2 or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

WHEREAS, the building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with the CRC; and WHEREAS, under Health and Safety Code 17960 (a), the governing body of a local agency may authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform the plan-checking function; and WHEREAS, under Health and Safety Code 17960 (d), when there is an excessive delay in checking plans and specifications submitted as a part of an application for a residential building permit, the local agency shall, upon request of the applicant, contract 186 January 10, 2023
with or employ a private entity or persons on a temporary basis to perform the plan- checking; and
WHEREAS, the City Manager or Building Official is responsible to ensure the plan review and permit process is concurrently managed within a structured timeline in accordance with state law; and
WHEREAS, the City Manager or designee is responsible for tracking the status of applications from submission to approval, adopting local conditions for a rural community as prescribed in the CRC; and
WHEREAS, City staff and developer working group collectively recommend adopting the following public relations message to enhance the City's customer service orientation, "Our Vision includes Fast Track permitting and attractive residential permit fees."
NOW THEREFORE, the City Council of the City of California City resolves as follows:

Section 1. This Resolution shall supersede and replace Resolution 10-22-2955 in its entirety.

Section 2. Plan check shall occur upon submission and within 10 working days for residential building plan check and within 30 days for commercial building plan check.

Timelines for Entitlements subject to the PSA: 30 calendar day responses to Site Plan Review ("SPR") applications and environmental documents (if complete). Staff will launch iWorQ tracking and issue passcodes to applicants to monitor the processing. Upon submission of entitlement application, a hearing date will be calendared (subject to completed application). Applicants will be informed by the Planning Department within 10 working days of application for SPR as to whether the application is complete. SPR review and Planning Director's hearing shall be completed within 90 calendar days of the date an application is determined complete and all tees have been paid by the applicant An application number (receipt) will be issued and date stamp upon submission.

Section 3. City Manager is accountable to build the management team which includes City employees, entities and/or private persons as necessary to manage staff 187 January 10, 2023
professional responsiveness and timelines noted in Section 1 herein (consistent with the PSA and Health and Safety Code § 17960.1.

Section 4. Responsiveness to phone calls, emails, and/or over the counter communications shall occur within 2 working days.

Section 5. Staff will accept both electronic and/or over the counter submissions of applications as described in CRC.

Section 6. Staff will apply CRC regulations to permit applications, including, but not limited to, local known climatic, topographical or geological conditions.

Section 7. Soils testing shall not be required on residential projects unless greater than one acre or the soil cannot support greater than 1500 pf. Foundation designs by registered design professionals may include design specification for worst case local soil conditions.

Section 8. Per City Master Plan, Residential septic design may follow the historical local conditions for septic installation, per engineer recommended specifications.

Section 9. Staff will review within 1-5 working days, Master Plan Set Plot Plans (which include the subject Site Plan) for those new residential sites when identical and referenced to a previously approved Master Plan. Applicant may defer Survey Plat, solar and fire sprinkler design, subject to field inspection.

Section 10. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council of California City hereby declares that it would have adopted the Resolution and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

This Resolution was approved on the 10t day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

Kelly Kulikoff, Mayor
188 January 10, 2023
ATTEST: APPROVED AS TO FORM:

Unknown, City Clerk Victor Ponto, City Attorney
189 January 10, 2023