Isaiah Wright, Mayor
ATTEST:
Robin Altman, City Clerk
86 RESOLUTION NO. 2023-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY, CALIFORNIA SELECTING THE ANNUAL ADJUSTMENT FACTORS FOR THE CALCULATION OF THE 2023-24
APPROPRIATIONS LIMIT FOR THE CITY OF CRESCENT CITY
WHEREAS, Article XIII B of the California Constitution does specify that the Appropriations Limit for cities may increase annually if selection of the adjustment factors for calculation thereof has been made; and
WHEREAS, the net change in the total county population or the net change in the total city population may be selected for the population adjustment factor; and WHEREAS, the change in California per capita personal income or the change in the local assessment roll due to local non-residential construction may be selected for the inflationary adjustment factor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City as follows:
1. The net change in total county population and the change in California per capita personal income are hereby selected as the annual adjustment factors for calculation of the 2023-24 Appropriations Limit for Crescent City, California.
2. The annual appropriations limit for fiscal year 2023-24 is $36,210,960.
BE IT FURTHER RESOLVED, that in the absence of the data necessary to calculate the increase in the non-residential assessed valuation, the fiscal year 2023-24 Appropriations Limit for Crescent City is hereby adopted on a provisional basis using the alternative factor of per capita income for the inflationary adjustment and may need to be adjusted once the assessment data is available.
The above and foregoing Resolution No. 2023-40 was introduced by Council Member ________________, seconded by Council Member _______________ and passed and adopted at a regular meeting of the City Council of the City of Crescent City held on the 5th day of June 2023 by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF CRESCENT CITY RESOLUTION NO. 2023-40
% Change
over prior year
A. Price Factor
Per capita personal income 2023-24 4.44%
Population Factor
City 2023-24 -0.57%
County 2023-24 -0.48%
B. Calculation
Per capita personal income ratio 1.0444
Population ratio 0.9952
Calculation of factor for FY 2023-24 A times B 1.0394
2022-23 2023-24 2023-24 2023-24 2023-24 2023-24
Limit Limit Proceeds of
Taxes
Exclusions Appropriations
Subject to Limit
Under (Over)
Limit
General Fund 6,835,606 7,104,839 7,073,443 (1,158,000) 5,915,443 1,189,396 Special Revenue Funds 6,676,019 6,938,966 - - - 6,938,966 Enterprise Funds 17,078,678 17,751,354 - - - 17,751,354 Internal Service Funds 1,967,350 2,044,837 - - - 2,044,837 Public Financing Authority 1,669,361 1,735,112 - - - 1,735,112 Fiduciary Funds 611,756 635,851 - - - 635,851
34,838,769 36,210,960 7,073,443 (1,158,000) 5,915,443 30,295,517 APPROPRIATIONS LIMIT: Fiscal Year 2023-24
87 Measure S
Oversight Committee
Recommendations
88 89
90 91
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
MARTHA D. RICE, CITY ATTORNEY
DATE: JUNE 15, 2023
SUBJECT: MILITARY EQUIPMENT USE POLICY ADOPTION
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Make a finding that all military equipment has been used in compliance with the policy.
• Waive full reading, read by title only and adopt Ordinance No. 836, An Ordinance of the City Council of the City of Crescent City Confirming Approval of the CCPD Military Equipment Use Policy
BACKGROUND
Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment. The term “military equipment” includes a variety of law enforcement tools (including less than lethal weapons) that are a component of overall best practices for law enforcement agencies throughout the country. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. Many of these tools are vital to protecting the safety of citizens and officers as they provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.
MILITARY EQUIPMENT USE POLICY
JUNE 5, 2023
2 A military equipment use policy must address the following matters for each type of military equipment:
(1) description, quantity, capabilities, lifespan, and manufacturer product descriptions;
(2) the purposes and authorized uses for each type of military equipment; (3) fiscal impact including the initial costs of obtaining the equipment and annual costs of maintenance;
(4) the legal and procedural rules that govern each authorized use; and (5) the training, including any course required by POST, that must be completed before an officer may use each specific type of military equipment.
The policy must also detail the mechanisms to ensure compliance with the policy, including which persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. The policy must also provide procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the department will ensure that each complaint, concern, or question receives a timely response.
The City Council adopted Ordinance No. 830, Approving a Military Equipment Use Policy on June 6, 2022. The policy was amended by Ordinance No. 832 on October 17, 2022 to allow for the purchase of a drone.
AB 481 also requires an annual report (based on the previous calendar year) detailing the use, costs, and inventory of each type of military equipment listed in the policy as well as the result of any audits and a summary of complaints concerning the military equipment. After submission of the report, the City is required to hold one well-publicized public meeting where the public is invited to ask questions concerning the policy.
On May 1, 2023, the City Council heard the annual report on the City’s Military Equipment Use Policy and introduced Ordinance No. 836. On May 15, 2023, during a regular City Council meeting, the City held a mandatory public meeting at which time residents were invited to come comment, ask questions, and express concerns regarding the City’s policy, the City’s use of military equipment, or related issues. The City did not receive any interaction from the public.
Prior to re-authorizing the policy, the City Council must determine that the identified military equipment was used in compliance with the policy.
ITEM ANALYSIS
Ordinance No. 836 confirms the City’s current military equipment use policy. No changes are proposed. Annual approval of the policy by way of ordinance is required in order for the policy to continue. The policy is necessary to be able to use or purchase the
MILITARY EQUIPMENT USE POLICY
JUNE 5, 2023
3 equipment identified therein. If the ordinance is adopted this evening, it will be effective July 6, 2023.
FISCAL ANALYSIS
The recommended action will have no direct fiscal impact other than ordinance publication costs.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals and objectives:
GOAL 1: Support quality services, community safety, and health to enhance the quality A. Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States GOAL 3: Obtain the highest levels of organizational excellence A. Develop a results-based organization which utilizes community involvement, innovation, transparency, and leadership
ATTACHMENTS
1. Introduced Ordinance No. 836
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 1 of 11
ORDINANCE NO. 836
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY
CONFIRMING APPROVAL OF THE CCPD MILITARY EQUIPMENT USE POLICY WHEREAS, the City of Crescent City is a general law city incorporated under the laws of State of California in 1854; and
WHEREAS, Assembly Bill 481, signed by the Governor on September 30, 2021, requires the governing bodies of local law enforcement agencies to adopt a military equipment use policy by ordinance; and
WHEREAS, Assembly Bill 481 requires that the governing body commence this process prior to May 1, 2022; and
WHEREAS, the policy must be reviewed and reauthorized on an annual basis following receipt of a report on the use of military equipment by the law enforcement agency; and WHEREAS, the purpose of the policy is to provide transparency regarding the law enforcement agency’s use of “military equipment”; and
WHEREAS, the City Council initially approved the Military Equipment Use Policy on June 6, 2022 by way of Ordinance No. 830; and
WHEREAS, the City Council approved an amended Military Equipment Use Policy on October 17, 2022 to authorize the purchase of a drone; and
WHEREAS, the Chief of Police has presented the Military Equipment Use 2022 Annual Report to the City Council and posted the report on its webpage; and WHEREAS, on May 15, 2023, the City held a well-publicized public meeting where questions and concerns regarding the policy or the equipment authorized thereunder could be heard and addressed by the Chief of Police and the City Council.
NOW, THERFORE, the City Council of the City of Crescent City, State of California, hereby ordains:
SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.
SECTION 2. UNCODIFIED ORDINANCE. This ordinance is an uncodified ordinance of the City of Crescent City.
SECTION 3. FINDINGS. The City Council makes the following findings and determinations:
a. The military equipment described in Crescent City Police Department Policy 710 (REV. 8/15/22) as approved by Ordinance No. 832 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Crescent City Police Department Policy 710 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 2 of 11
c. The military equipment identified in Crescent City Police Department Policy 710 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
SECTION 4. APPROVAL OF POLICY. The Crescent City Police Department Policy 710: Military Equipment (REV. 8/15/22) attached hereto and made a part hereof by this reference, is hereby confirmed as approved by the City Council.
SECTION 5. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 6. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 7. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
INTRODUCED at a meeting of the City Council of the City of Crescent City held on May 1, 2023.
PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this 5th day of June 2023 by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Isaiah Wright, Mayor
ATTEST:
Robin Altman, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 3 of 11
CRESCENT CITY POLICE DEPARTMENT
POLICY 710: MILITARY EQUIPMENT
(REV. 8/15/22)
710.1 PURPOSE AND SCOPE
The purpose of this military equipment policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment. (Gov. Code §§ 7070, 7071, 7072.) Government Code 7070(d)(7) requires that this policy have procedures by which members of the public may register complaints, or concerns or submit questions about the use of military equipment. This information can be found on the department website or by calling and scheduling a telephone appointment with the military equipment coordinator.
Department website: https://www.crescentcity.org/departments/Police AB 481 Military Equipment Transparency
Department telephone number:
1-707-464-2133
710.2 DEFINITION OF MILITARY EQUIPMENT
For purposes of this policy the term “military equipment” includes, but is not limited to the following:
CATEGORY 1: Unmanned, remotely piloted, powered aerial or ground vehicles.
CATEGORY 2: Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
CATEGORY 3: High mobility multipurpose wheeled vehicles (HMMWV), two-and-onehalf-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
CATEGORY 4: Tracked armored vehicles that provide ballistic protection to their occupants.
CATEGORY 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
CATEGORY 6: Weaponized aircraft, vessels, or vehicles of any kind.
CATEGORY 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
CATEGORY 8: Firearms and ammunition of .50 caliber or greater, excluding standardissue shotguns and standard-issue shotgun ammunition. _____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 4 of 11
CATEGORY 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
CATEGORY 10: Any firearm or firearm accessory that is designed to launch explosive projectiles.
CATEGORY 11: Noise-flash diversionary devices and explosive breaching tools.
CATEGORY 12: Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
CATEGORY 13: TASER® Shockwave, microwave weapons, water cannons, and longrange acoustic devices (LRADs).
CATEGORY 14: Kinetic energy weapons and munitions.
CATEGORY 15: Any other equipment as determined by the City Council or a state agency to require additional oversight.
710.3 POLICY
It is the policy of the Crescent City Police Department that members of this department comply with the provisions of Gov. Code § 7071 with respect to the use of military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police or designee shall 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 City Council 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 City Council.
(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 Crescent City Police Department. (Gov. 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. (Gov. Code § 7072.)
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 5 of 11
(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.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the department:
1. SPECIALIZED FIREARMS AND AMMUNITION (CATEGORY 9)
(a) Description, quantity, capabilities, and purchase cost:
o The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semiautomatic or selective fire.
The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. The.223/5.56 cartridge,.308/7.62 cartridge, and the.300 blackout cartridge is used as a lethal option designed to stop violent encounters. The projectile is capable of penetrating soft body armor being worn by armed subjects.
o Colt AR-15/M4 cost: $1,200, quantity: 4, Caliber 5.56MM. Daniel Defense MK18 cost $2,000, quantity 6, caliber 5.56.
o Authorized Make/Model of rifles for individual officer purchase:
▪ .223/5.56 caliber: Daniel Defense - DDM4®V7®, DDM4®V7® PRO GUN METAL GRAY, MK18, M4A1, MK12, DDM4®V7® PRO, DDM4®V9®,
DDM4®V7®SLW, DDM4ISR®, DDM4®V4®S, DDM4®V7®S, DDM4 V5S, or similar models approved by Chief of Police.
▪ .300 blackout caliber: Daniel Defense - DDM4® PDW SBR ▪ .308/7.62 caliber: DPMS - AR-10.308 CALIBER RIFLE, MODEL LR-308, Daniel Defense -DD5®V3® (7.62 X 51MM), DD5®V4® (7.62 X 51MM) o The Winchester 5.56mm 55 grain full metal jacket is the primary duty cartridge deployed during potential lethal encounters. Cost: $2,500 to $3,000 annually, quantity: 3,000-5,000 rounds annually.
o Other brands and calibers also purchased, depending upon market supply/availability:
▪ PMC 223A,.223 Remington 55 grain FMJ-BT
▪ Federal XM193X 55-grain FMJ 5.56x45mm
o .308/7.62 and.300 blackout ammunition would be utilized in individual officer owned rifles and purchased by the officers. This ammunition would be subject to approval of existing CCPD policy.
(b) Purpose: To be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun if present, safe, and feasible. (c) Authorized Use: Only officers that are POST certified and authorized to use a rifle. All other applicable CCPD policies remain in effect, to include, but not limited to, CCPD Policy 301 Use of Force, and CCPD Policy 314 Firearms.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 6 of 11
(d) Expected Lifespan: No expiration for Carbine Rifles or ammunition. (e) Fiscal Impact: Carbine Rifle- Annual cost $2,500 and $5,000. New rifle purchase in 2022 expected between $12,000 to $15,000. Rifle Ammunition $2,500-$5,000 annually.
2. TEAR GAS (CATEGORY 12)
(a) Description, quantity, capabilities, and purchase cost: Chemical agent munition, which are commonly referred to as "tear gas," are used by the Crescent City Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.
The Crescent City Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-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 legally possess (2.5 oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes). o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $35, quantity:
20. 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. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. The 40mm Direct Impact® munition travels at an average velocity of 305 feet per second (89.9 mps) with an effective range of 5 ft – 120 ft (1.52m – 36.6m). This lightweight, high-speed projectile consists of a plastic body and a crushable foam nose. The orange foam nose indicates that the round contains an OC powder payload. This munition is a point-of-aim, point-of-impact direct fire round which has passed extensive human effects assessments for blunt impact and penetration.
o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322, cost: $35, quantity:
20. 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. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation.
The 40mm Direct Impact® munition travels at an average velocity of 295 feet per second (89.9 mps) with an effective range of 5 ft – 120 ft (1.52m – 36.6m). This lightweight, high-speed projectile consists of a plastic body and a crushable foam nose. The blue foam nose indicates that the round contains a CS powder payload. This munition is a point-of-aim, point-of-impact direct fire round which has passed extensive human effects assessments for blunt impact and penetration. The 40 mm Direct Impact Round is most commonly used by tactical teams in situations where greater accuracy and deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject at longer distances.
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 7 of 11
o DEFENSE TECHNOLOGY, 40MM POWDER BARRICADE ROUND, OC, #2290, cost:
$35, quantity: 20.
The Ferret® 40 mm Barricade Penetrating Round is filled with an OC powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is nonburning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle. Effective range of 50 meters. o DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND CS, #2262, cost: $30, quantity: 20.
A less lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Effective range of 50 meters.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situation for use of the less lethal weapon systems may include but are not limited to:
o Self-destructive, dangerous and/or combative individuals. o Riot/Crowd control and civil unrest incidents.
o Circumstances where a tactical advantage can be obtained. o Potentially vicious animals.
o Training exercises or approved demonstrations.
(c) Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable CCPD policies remain in effect to include, but not limited to CCPD Policy 301- Use of Force, CCPD Policy 309- Control Devices and Techniques.
(d) Expected Lifespan:
o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320 – 5 years.
DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322, – 5 years. o DEFENSE TECHNOLOGY, 40MM POWDER BARRICADE ROUND, OC, #2290, – 5 years.
o DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND CS, #2262 – 5 years.
(e) Fiscal Impact: Total allocated budget $1,000-$2,000 annually.
3. PEPPERBALL LAUNCHER (CATEGORY 12)
(a) Description, quantity, capabilities, and purchase cost:
_____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 8 of 11
o FTC Launcher System that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 150'. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. This is a de-escalation tool used to avoid further injuries or lethal options to a subject. Cost $500, quantity: 4.
o MISSION TPR ORANGE PEPPER BALL GUN. target accurate up to 60Ft, Area Saturation to 0-175ft. Semi-Automatic 8 rd. magazine, deploys at 300ft. per second.
Cost $350-$400. Quantity: 6.
o PepperBall Live SD Projectiles,.68 Caliber PAVA Powder. This projectile is best for direct impact or area saturation. Discharged form a PepperBall launcher, the projectile has a velocity of 280-425 FPS. The projectile has a direct impact of 60 ft and an area saturation of 150+ft. The projectile contains 2.0% PAVA powder. Cost:
$250 per 90 rounds
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
o Self-destructive, dangerous and/or combative individuals. o Riot/Crowd control and civil unrest incidents.
o Circumstances where a tactical advantage can be obtained. o Potentially vicious animals.
o Training exercises or approved demonstrations.
(c) Authorized Use: Only those officers who have been trained in the use of the PepperBall launchers are authorized to use the PepperBall launchers. All other applicable CCPD policies remain in effect to include, but not limited to CCPD Policy 301- Use of Force, CCPD Policy 309- Control Devices and Techniques.
(d) Expected Lifespan:
o PepperBall Launcher: No Expiration
o Mission TPR Launcher: No expiration
o LIVE-SD Projectile: 1 year
(e) Fiscal Impact:
o PepperBall FTS Launcher: No fiscal impact or recurring cost o Live SD Projectile: Approximately $0 - $1,000 annually o Mission TPR Launcher: $0 to $400 annually
4. PROJECTILE LAUNCH PLATFORMS AND ASSOCIATED MUNITIONS (CATEGORY 14) (a) Description, quantity, capabilities, and purchase cost:
PENN ARMS PGL-65 40 PUMP MULTI-LAUNCHER 5" CYL. FIXED STOCK W/ COMBO RAIL.
A 40mm pump-action advance magazine drum launcher with a fixed stock and combo rail. It has a six-shot capacity and rifled barrel. The features include: Double-action trigger, trigger lock push button and hammer lock safeties. It will fire standard 40mm less _____________________________________________________________________________________ City of Crescent City Ordinance No. 836 Page 9 of 11
lethal ammunition, up to 5 inches in cartridge length. It will launch a 40MM less lethal round and is only authorized to be used by trained personnel. o Remington 870 12 ga Less-Lethal Shotgun: Cost $500-$650, quantity 6 o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $35, quantity:
20. o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322, cost: $35, quantity:
20. o DEFENSE TECHNOLOGY, 40MM POWDER BARRICADE ROUND, OC, #2290, cost: $35, quantity: 20.
o DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND CS, #2262, cost: $30, quantity: 20.
o CTS Model 2581 Super Sock Bean Bag 12 ga round - Cost $6 a round, quantity 50- 100 annually
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Situations for use of the less lethal weapon system may include, but not limited to:
o Self-destructive, dangerous and/or combative individuals. o Riot/Crowd control and civil unrest incidents.
o Circumstances where a tactical advantage can be obtained. o Potentially vicious animals.
o Training exercised or approved demonstrations.
All other applicable CCPD policies remain in effect, to include, but not limited to, CCPD Policy 301- Use of Force, CCPD Policy 309- Control Devices and Techniques. (d) Expected Lifespan:
o 40 mm Launcher- No expiration
o Remington 870 Bean Bag Less Lethal shotgun- No expiration o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320 – 5 years. o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322, – 5 years. o DEFENSE TECHNOLOGY, 40MM POWDER BARRICADE ROUND, OC, #2290, – 5 years.
o DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND CS, #2262 – 5 years.
o CTS Model 2581 Super Sock- 5 years
(e) Fiscal Impact:
o 40mm Launcher, estimated between $0 - $1000 annually
o Remington 870 less lethal shotgun, estimated between $0 - $1000 annually. o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, $0 - $250 annually o DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322, $0 - $250 annually o DEFENSE TECHNOLOGY, 40MM POWDER BARRICADE ROUND, OC, $0 - $250 annually
o DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND CS, $0 - $250 annually
o CTS Model 2581, estimated between $0 - $500 annually
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5. UNMANNED, REMOTELY PILOTED, POWERED AERIAL DRONE (Category 1) (a) Description, quantity, capabilities, and purchase cost:
The EVO II drone provides hi-end specifications and abilities well beyond videography and photography. The 7100mAh battery lets it fly for up to 40 minutes at a time, the motors can fly at up to 44.8 mph, and can transmit HD footage back to the controller’s
3.3” OLED screen from up to 5.6 miles away. While flying and tracking, 12-sensor omnidirectional obstacle avoidance is coupled with a dual-core processor, as well as AI machine learning to let the EVO II navigate itself safely around the environment while still getting the shot.
(b) Purpose: To assist with collection of video and photography of incidents that are allowed by the authorized use policy.
(c) Authorized Use:
o Only authorized operators who have completed the required training shall be permitted to operate the UAS.
o Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
o UAS operations should only be conducted during daylight hours and a UAS should not be flown over populated areas without FAA approval. (d) Expected Lifespan: 5 year duty lifespan
(e) Fiscal Impact: $1500 to $2500 depending on available models. 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment use 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 City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue. (Gov. Code § 7071.) The military equipment use policy must be approved by the City Council prior to engaging in any of the following (Gov. Code § 7071):
a. Requesting military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
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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 City Council.
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. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment being used in this jurisdiction by members of the Crescent City Police Department shall comply with the City of Crescent City’s approved military equipment policy.
During times of mutual aid or when utilizing a Regional SWAT Team, allied agencies and their personnel should only use military equipment which is approved for use in the allied agencies’ own military equipment policy. This shall not prevent Crescent City Police Officers who may become members of a Regional SWAT Team from deploying military equipment approved by the Regional SWAT Team for use by Crescent City Police Officers who are assigned to the SWAT Team. Nothing in this policy shall prohibit the use of unapproved military equipment by members of the Crescent City Police Department or its allied agencies during times of exigent circumstances.
710.7 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 City Council 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. (Gov. 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 Gov. Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
710.8 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.
***END POLICY***