El Centro City Council
April 19, 2022

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, APRIL 19, 2022
City Hall Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. The City asks that anyone in attendance that is not fully vaccinated wear a mask. The public may choose to be outside and are subject to the same requirements. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call
760-337-4515 by April 19, 2022.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us02web.zoom.us/j/82750505136?pwd=Z1N3MWF6SG9RT0FZOGplREpnMEt0UT09

Optional dial-in number: 1 (669) 900-6833
Meeting ID: 827 5050 5136 Passcode: 610653
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Tomás Oliva City Manager: Marcela Piedra
Mayor Pro-Tem: Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Sylvia Marroquin
Cheryl Viegas-Walker
11:30 A.M CLOSED SESSION - RDA CONFERENCE ROOM
ROLL CALL (Open Session)
Agenda City Council of the City of El Centro April 19, 2022 City of El Centro Page 2
CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

POSSIBLE LITIGATION AGAINST THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of legal counsel, based upon existing facts and circumstances, there is a significant possibility of litigation against the City under Govt. Code Section 54958.8(d)(2) based upon possible personnel claims.

LABOR RELATIONS NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code Section 54957.6 to meet with Agency Representatives Marcela Piedra, City Manager and Dulce Bedolla, Human Resources Director for the purpose of reviewing the City's position and instructing its representatives regarding matters of salaries, salary schedules, compensation paid in the form of fringe benefits, or, as applicable, other matters dealing with mandatory subjects within the scope of representation pursuant to Government Code Section 3504, negotiating with All Department Heads, All Unrepresented Units, and all Bargaining Units.

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.
* Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.

Agenda City Council of the City of El Centro April 19, 2022 City of El Centro Page 3
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK

PLEDGE OF ALLEGIANCE

INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:30 PRESENTATIONS

1. Imperial County Film Commission Annual Report

2. Imperial Valley Economic Development Corporation Annual Report 6:30-6:35 PUBLIC COMMENTS
6:35-6:40 CONSENT AGENDA
Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.

3. Approve Warrant Registers for the Month of March 2022

4. Approve Payroll Registers for the Month of March 2022

5. Approve Treasurer's Report for the Month of March 2022

6. Approve Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RENEWING AND CONFIRMING RESOLUTION NO. 20-14

REGARDING A DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19
6:40-7:40 NEW BUSINESS

7. Police Officer Recruitment Incentive Program
PRESENTATION: Dulce Bedolla, Human Resources Director
RECOMMENDATION:

Discussion and Necessary Action Related to the Approval of a Police Officers Recruitment Program.

Agenda City Council of the City of El Centro April 19, 2022 City of El Centro Page 4

8. Military Equipment Use Policy
PRESENTATION: Brian Johnson, Chief of Police
RECOMMENDATION:

Approve Ordinance NO. 22- , AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING MILITARY EQUIPMENT USE POLICY FOR THE EL CENTRO POLICE DEPARTMENT, waive reading and approve as first reading and authorize City Clerk to place on next agenda for second reading and adoption.

9. Budget Workshop FY23 - General Fund
PRESENTATION: Richard L. Romero- Director of Finance
RECOMMENDATION:

For discussion

LEGISLATIVE ACTION

INFORMATIONAL ITEMS

10. Received and referred to Community Development Department, Application for Alcoholic Beverage License - Wake Liquor 2, 1560 Ocotillo Dr., Ste A, El Centro, CA.

TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS

CITY MANAGER REPORT

ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Informational
Prepared By: Stacy Mendoza
SCHEDULED Department Head: Adriana Nava
INFORMATION ITEM (ID # 5493) DOC ID: 5493
Imperial County Film Commission Annual Report
Annual Report to be given by Film Liaison, Charla Teeters, from the Imperial County Film Commission.
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City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Informational
Prepared By: Stacy Mendoza
SCHEDULED Department Head: Adriana Nava
INFORMATION ITEM (ID # 5492) DOC ID: 5492
Imperial Valley Economic Development Corporation Annual Report
Annual Report to be given by President/CEO Timothy Kelley of the Imperial Valley Economic Development Corporation.
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City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5484) DOC ID: 5484
Warrant Registers for March 2022
CITY MANAGER’S RECOMMENDATION:

Approve Warrant Registers for the Month of March 2022
FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• March 2022 (PDF)
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Attachment: March 2022 (5484 : Warrant Registers - March 2022) City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5503) DOC ID: 5503
Discussion and any necessary action regarding approval of Payroll Registers for the Month of March 2022
CITY MANAGER’S RECOMMENDATION:

Approve Payroll Registers for the Month of March 2022
ATTACHMENTS:
• March 2022 (PDF)
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Attachment: March 2022 (5503 : Payroll Registers for the Month of March 2022) City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Anthony G. Plancarte
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5495) DOC ID: 5495
Treasurer's Report - March 2022
CITY MANAGER’S RECOMMENDATION:

Approve Treasurer's Report for the Month of March 2022
FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• Treasurer's Report March 2022 (PDF)
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Attachment: Treasurer's Report March 2022 (5495 : Treasurer's Report - March 2022) City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Marcela Piedra
ACTION ITEM (ID # 5462) DOC ID: 5462
Declaration of Local Emergency Virus on Behalf of the City of El Centro Related to COVID-19
CITY MANAGER’S RECOMMENDATION:

Approve Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RENEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A

DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19

BACKGROUND
On March 4, 2020, Governor Newsom declared an emergency based upon the threat of COVID-19 within the state of California. The County of Imperial declared a local health emergency on March 5, 2020. The El Centro City Council activated its Emergency Operations Center (EOC) on March 17, 2020, as well as adopted a resolution declaring a local emergency within the City.

DISCUSSION
State law requires that a city adopt and thereafter review a declaration of emergency every 60 days. This review and confirmation of the local declaration of emergency indicates the City’s on-going emergency authority and meets the requirements for funding, should any be available.

CONCLUSION
Approve Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RENEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A

DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19
ATTACHMENTS:
• A22-0058 Resolution (DOCX)
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1 03/2022liz/A22-0058/Reso
RenewalEmergency Dec COVID19
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RENEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A

DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE
CITY OF EL CENTRO RELATED TO COVID 19
WHEREAS, Health & Safety Code section 101080 and Chapter 8 of the City Code authorize the City to declare a local health emergency whenever the City determines that there is an epidemic and to review that declaration within 60 days thereafter; and WHEREAS, on March 4, 2020, the Governor of the State of California declared an emergency based upon the threat of COVID-19 within the state and that state of emergency has been extended through the present; and
WHEREAS, on March 5, 2020, Imperial County declared a local health emergency throughout the County based on the imminent and proximate threat to public health from the introduction of COVID-19 in Imperial County, which declarations were ratified and extended by the Board of Supervisors on March 10, 2020 and extended that declaration through the present; and WHEREAS, on March 13, 2020, the President declared a national state of emergency and on February 22, 2022 again extended such state of emergency to on and after March 1, 2022 and that state of emergency remains in effect; and
WHEREAS, on March 17, 2020, the City Council of the City of El Centro adopted Resolution No. 20-14 declaring a local emergency within the City and periodically has extended such declaration of local emergency; and
WHEREAS, at and since that time, conditions of extreme peril to the safety of persons and property within the City continue to exist; and
WHEREAS, on March 17, 2020, the City activated its Emergency Operations Center (EOC) and through the EOC is coordinating with the County EOC, other City EOC’s, the State of California, the Centers for Disease Control (CDC) and the federal government and the EOC remains activated; and
WHEREAS, the City’s ability to mobilize local resources, coordinate interagency responses, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully respond to COVID-19; and
WHEREAS, the City has and continues to anticipate that its emergency response actions will require additional services, personnel, facilities, resources and funding far beyond that currently available, that exceed the City’s ability to provide, and that require the combined financial assistance and resources of other local governments as well as the State and Federal government and their partners; and

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Attachment: A22-0058 Resolution (5462 : Emergency Declaration Renewal Resolution) 2 03/2022liz/A22-0058/Reso
RenewalEmergency Dec COVID19
WHEREAS, the City Council hereby finds that based upon the continued threat to public health from COVID-19 find that the use of emergency power must continue to deal with this emergency.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and again adopted hereby.

2. That the City Manager as the Director of Emergency Services, the Emergency Operations Center Coordinator and the Finance Director each shall have the authority set out in Chapter 8 of the City Code and as otherwise provided by state law and City policies and procedures to act on behalf of the City, and shall have the authority to act on its behalf.

3. That the City of El Centro in accordance to theCalifornia Disaster Assistance Act,the Stafford Act and any other applicable County, State or Federal law or regulation, hereby requests public financial assistance for their response and recovery efforts, and further requests that the State expedite access to County, State and Federal resources and any other appropriate disaster relief programs.

4. That the Director of Emergency Services has forwarded this City Resolution No. 22- to the Governor’s Office and will forward this Resolution No. to theState Director of Emergency Services (CalOES) and to the Governor’s Office as well as to the Federal Emergency Management Agency.

5. That this Resolution is adopted and is effective immediately and until such time as revoked by the City Council.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 19th day of April 2022.

CITY OF EL CENTRO
By __________________________
Tomas Oliva, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk

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RenewalEmergency Dec COVID19
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
By _______________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )

COUNTY OF IMPERIAL ) SS

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

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Attachment: A22-0058 Resolution (5462 : Emergency Declaration Renewal Resolution) City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Personnel
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 5505) DOC ID: 5505 C
Police Officer Recruitment Incentive Program
CITY MANAGER’S RECOMMENDATION:

Discussion and Necessary Action Related to the Approval of a Police Officers Recruitment Program.

FISCAL IMPACT:
$85,000 implementation impact to the General Fund
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 - Financial & Governance Stability & Sustainability Action 1.7 - Align the provision of critical city services and Strategic Plan Implementation with current staffing levels.

Goal #3 - Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

NA
BACKGROUND:

Entities throughout the State are facing a difficult task of hiring Police Officers and many are offering a hiring bonus and a referral bonus as part of a Recruitment Incentive Program.

DISCUSSION:

The El Centro Police Department is facing a staffing crisis with ten (10) total vacancies.

The City of El Centro would like to establish a new Recruitment Incentive Program that features a signing bonus and a referral bonus, as follows:

Signing bonus: Entry Level Police Officers and Lateral Police Officers will receive a $6500 signing bonus, that will be given out in installments.

Referral Bonus: A $2000 Referral Bonus will be given to current City personnel who refer a successful candidate; $1000 at the time of hire and $1000 after successful completion of probation.

If approved, the Recruitment Incentive Program will be effective on April 20, 2022 and will be evaluated on a yearly basis to determine its effectiveness. Also, this program will be subject to guidelines and the modification at the will of Council. 7 Packet Pg. 94
Action Item (ID # 5505) Meeting of April 19, 2022
CONCLUSION:

DISCUSSION AND NECESSARY ACTION RELATED TO THE APPROVAL OF A

POLICE OFFICERS RECRUITMENT PROGRAM
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City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Ordinance
Prepared By: Amanda Curiel
SCHEDULED Department Head: Brian Johnson
ORDINANCE (ID # 5469) DOC ID: 5469
Military Equipment Use Policy
CITY MANAGER’S RECOMMENDATION:

Approve Ordinance NO. 22- , AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING MILITARY EQUIPMENT USE POLICY FOR THE EL CENTRO POLICE DEPARTMENT, waive reading and approve as first reading and authorize City Clerk to place on next agenda for second reading and adoption.

FISCAL IMPACT:
$0.00
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal#3: Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

Assembly Bill 481 codified at Government Code sections 7070 through 7075 requires the police department to obtain approval from its governing body, via adoption by ordinance of a “military equipment” use policy by Ordinance prior to the police department funding, acquiring, or using military equipment. Staff has prepared the attached Ordinance and Policy for consideration by Council.

DISCUSSION:

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for police departments throughout the country. These tools have been tested in the field, and are used by police departments to enhance citizen safety as well as officer safety. Loss of use of these items would jeopardize the welfare of citizens and peace officers
The term “military equipment”, as used in AB 481, in fact, does not necessarily indicate the equipment that has been used by the military. Pursuant to AB 481, 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.

ECPD is committed to using the up-to-date tools and equipment to safeguard the citizens of the City. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The items listed in the Military Equipment Use Policy also provide peace officers with vital 8 Packet Pg. 96
Ordinance (ID # 5469) Meeting of April 19, 2022
tools that facilitate compliance with its stringent use of force policy. The form of policy was developed by Lexipol to be used by departments throughout California.

Following a review of the items listed in AB 481 and comparing that to the inventory of equipment in use by ECPD, it has been determined that ECPD uses some, but certainly not all, of the allowed military equipment.

CONCLUSION:

Approve Ordinance NO. 22- , AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING MILITARY EQUIPMENT USE POLICY FOR THE EL CENTRO POLICE DEPARTMENT, waive reading and approve as first reading and authorize City Clerk to place on next agenda for second reading and adoption.

ATTACHMENTS:
• DRAFT Military_Equipment Policy (706) (DOCX)
• Bill Text - AB-ASSEMBLY BILL 481 (PDF)
• Military Ordinance Final (DOCX)
8 Packet Pg. 97
Copyright Lexipol, LLC 2022/02/24, All Rights Reserved.

Published with permission by El Centro Police Department ***DRAFT*** Military Equipment - 1 El Centro Police Department
El Centro PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
706

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Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) El Centro Police Department
El Centro PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/24, All Rights Reserved.

Published with permission by El Centro Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the El Centro 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 shall designate the Crisis Response Unit Commanding Officer 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 El Centro Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: AB481 Military Equipment Inventory.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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Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) El Centro Police Department
El Centro PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/24, All Rights Reserved.

Published with permission by El Centro Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding thefunding, acquisition, or use of military equipment.

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Packet Pg. 100 Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) Copyright Lexipol, LLC 2022/02/24, All Rights Reserved.

Published with permission by El Centro Police Department ***DRAFT*** Attachments - 4 El Centro PD Policy Manual
Attachments

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Packet Pg. 101 Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) Copyright Lexipol, LLC 2022/02/24, All Rights Reserved.

Published with permission by El Centro Police Department ***DRAFT*** AB481 Military Equipment Inventory.pdf - 5 El Centro PD Policy Manual
AB481 Military Equipment Inventory.pdf
Attachment

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Packet Pg. 102 Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) El Centro Police Department Military Equipment Inventory 1 1. Armored Vehicles:

Lenco Four-Wheeled Drive Ballistic Engineered Armored Response Counter-Attack Truck (BEARCAT)
• Primarily used during high-risk tactical enforcement operations o Officer rescues
o Victim/Citizen rescues
o Vehicle borne interventions
o Criminal unrest and riots

2. Specialized Firearms:
• Heckler and Koch M-5A2 9mm submachine guns that function in full-auto, 3-round bursts, and semi-auto capabilities.
o Full-Auto firearms are only assigned to SWAT personnel

3. Assault Weapons defined under 30510 & 30515
• AR-15/M4 5.56 caliber style rifles that function in full and semi-autocapabilities • Heckler and Koch G36 rifle that functions in full and semi-autocapabilities o Full-Auto firearms are only assigned to SWAT personnel • Heckler and Koch 91A rifle in semi-auto capability

4. Light Sound Diversionary Device (Flashbang)
• Used to minimize risk to all parties through the temporary distraction or disorientation of potentially violent or armed suspects to achieve tactical advantage.

5. Projectile Launchers:
• Defense Technology Launcher
o 44mm single shot
o Deploys high and low impact rubber munitions
o Deploys chemical and smoke munitions
• Remington 870 pump-action shotgun
o 12 Gauge
o Orange colored stock and foregrip for quick identification o Deploys Less-than-lethal Bean Bag Impact Round

6. Munitions:
• Projectiles:
o 40mm Foam-Tipped Kinetic Energy Projectiles
o 40mm Ferret CS Powder Projectiles
o 40mm Ferret OC Powder and Liquid Projectiles
o 40mm Muzzle Blast Rounds
o Drag Stabilized 12-Gauge Bean Bag Rounds

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Packet Pg. 103 Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) El Centro Police Department Military Equipment Inventory 2 • Hand Delivery:
o Tri-Chambered Flameless CS and Smoke Canisters
o Pocket Tactical CS Canisters
o Pocket Tactical OC Canisters
o Pocket Tactical SAF Smoke Canisters

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Packet Pg. 104 Attachment: DRAFT Military_Equipment Policy (706) (5469 : Military Equipment Use Policy) 3/1/22, 7:41 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary 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 commodities, 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.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by 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 the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not 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.

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 enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

EXHIBIT (A)

8.b
Packet Pg. 105 Attachment: Bill Text - AB-ASSEMBLY BILL 481 (5469 : Military Equipment Use Policy) 3/1/22, 7:41 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 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.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes 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 use 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. (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, acquired, or used. (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.

SEC. 2. 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 either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.

EXHIBIT (A)

8.b
Packet Pg. 106 Attachment: Bill Text - AB-ASSEMBLY BILL 481 (5469 : Military Equipment Use Policy) 3/1/22, 7:41 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) 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 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. (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:
(1) A description of each 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 officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 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 each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “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.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to 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, prior to engaging in any of the following:
(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 federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

EXHIBIT (A)

8.b
Packet Pg. 107 Attachment: Bill Text - AB-ASSEMBLY BILL 481 (5469 : Military Equipment Use Policy) 3/1/22, 7:41 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (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 pursuant to this chapter.
(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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 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 order to 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. (e) (1) 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 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.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), 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 needs. 7072. (a) A law enforcement agency that receives approval for a 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 immediately preceding calendar year for each type of military equipment:
(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 audits, any information about violations of the military equipment use policy, and any actions taken in response.

EXHIBIT (A)

8.b
Packet Pg. 108 Attachment: Bill Text - AB-ASSEMBLY BILL 481 (5469 : Military Equipment Use Policy) 3/1/22, 7:41 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (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.
(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) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use 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 seek 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. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 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. 7075. 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 1 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:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 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.

EXHIBIT (A)

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Packet Pg. 109 Attachment: Bill Text - AB-ASSEMBLY BILL 481 (5469 : Military Equipment Use Policy) 03/2022/liz/A22-0052/Ord/MilitaryEquipment
ORDINANCE NO. 22-

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EL CENTRO

APPROVING A MILITARY EQUIPMENT USE POLICY

FOR THE EL CENTRO POLICE DEPARTMENT
SECTION 1. Findings. The City Council of the City of El Centro finds as follows:

A. Assembly Bill 481 (California Government Code Sections 7070 through 7075), relating to the use of “military equipment” by law enforcement agencies, as that term is defined by Government Code Section 7070 became effective January 1, 2022.

B. Assembly Bill 481 now requires that before taking certain actions relating to the funding, acquisition, or use of military equipment, a law enforcement agency must have City Council approval of a military equipment use policy (the “Policy”).

C. The El Centro Police Department has developed such a Policy in coordination with Lexipol, which draft Policy is attached as Exhibit “A”.

D. The El Centro Police Department has posted such Policy on its website for at least 30 calendar days prior to the date of hearing and such Policy shall remain posted on that website during the entire period of its use; and
E. Assembly Bill 481 allows the City Council to approve the funding, acquisition, or use of military equipment within the City when it makes specified findings at a duly noticed public hearing; and
G. At an open session held on April 19, 2022, during a regular City Council meeting conducted pursuant to the Ralph M. Brown Act, the City Council considered the attached Policy, the presentation of the Police Department and any public testimony and based upon thereon, the City Council finds as follows:
(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of
officer and civilian safety; and
(2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
(3) 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; and

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Packet Pg. 110 Attachment: Military Ordinance Final (5469 : Military Equipment Use Policy) 03/2022/liz/A22-0052/Ord/MilitaryEquipment
(4) 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; and
H. The Policy will be maintained by the El Centro Police Department which will submit an annual report to the City Council and hold a community engagement meeting, as provided by Govt.

Code Section 7072 if it determines to renew this ordinance beyond its one-year term.

SECTION 2. Adoption of Policy. The City Council of the City of El Centro does ordain as follows:

A. The Findings set out above are true and correct and adopted.

B. El Centro Police Department Policy 706 hereby is adopted as set out in Exhibit A, attached and incorporated.

SECTION 3.

Term: This ordinance shall take effect 30 calendar days from the date of its adoption and shall terminate without further action one (1) year from its effective date unless otherwise renewed pursuant to Govt. Code Section 7072 as that may be amended from time to time.

SECTION 4
Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this ordinance. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2022.

CITY OF EL CENTRO
By _____________________
Tomas Oliva, Mayor

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Packet Pg. 111 Attachment: Military Ordinance Final (5469 : Military Equipment Use Policy) 03/2022/liz/A22-0052/Ord/MilitaryEquipment
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Ordinance No. 22- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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Packet Pg. 112 Attachment: Military Ordinance Final (5469 : Military Equipment Use Policy) City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Budget
Prepared By: Richard Romero
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5441) DOC ID: 5441
Budget Workshop FY23 - General Fund
CITY MANAGER’S RECOMMENDATION:

For discussion
FISCAL IMPACT:

As discussed
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

The general fund budget includes allocations to fund the operations directly involved in the strategic plan goals of; Financial & Governance Stability, Environmental Sustainability, Community Health, Safety & Welfare, Recreation & Lifelong Learning, City Beautification, Engagement & Civic Pride and Economic Opportunity.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
n/a
BACKGROUND:

It is the policy of the City of El Centro to prepare an annual budget reflecting proposed expenditures and the revenues to be used to fund those expenditures. This is the first budget workshop for fiscal year 2023 and includes the General Fund budget.

DISCUSSION: - BUDGET FY23 - Detail
Revenues
Projected ongoing operating revenues which will be budgeted for fiscal year 2022-23 total $33.7 million. This amount is $441,361 higher than the amount projected for fiscal year 2022.
1) Sales tax is the major revenue source for the City. Sales tax is budgeted at $16.2 million for fiscal year 2023. The amount budgeted for fiscal year 2023 in the amount of $16.2 million reflects an increase of $441,000 in projected sales tax revenue for FY 2022 and an increase of $1,477,791,000 in actual sales tax revenue for FY 2021.
2) The following are the historical sales tax revenues
FY 2017 - $11.9 million
FY 2018 - $12.5 million
FY 2019 - $13.1 million
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Action Item (ID # 5441) Meeting of April 19, 2022
FY 2020 - $12.8 million
FY 2021 - $14.7 million
FY 2022 - $15.7 million (Projected)
FY 2023 - $16.2 million (Budgeted)
3) Motor vehicle in lieu tax is the second largest revenue source for the City.

Revenues from this source have been as follows:

FY 2017 - $4.1
FY 2018 - $4.2
FY 2019 - $4.4 million
FY 2020 - $4.5 million
FY 2021 - $4.7 million
FY 2022 - $4.9 million (Projected)
FY 2023 - $5.1 million (Budgeted)
4) Property taxes are the third major revenue source for the City. Property taxes were $3.2 million in fiscal year 2017, $3.6 million in fiscal year 2018, $3.7 million fiscal year 2019, $3.9 million in fiscal year 2020 and $$4.1 million in fiscal year 2021. The amount projected for fiscal year 2022 is $4.2 million.

The amount budgeted for fiscal year 2023 is $4.3 million. 5) Transient occupancy tax (TOT) is the fourth largest revenue source for the City. The amount projected for fiscal year 2022 is $2.1 million. The amount budgeted for fiscal year 2023 is $2.2 million.
6) Building fees were $549,840 in fiscal year 2020 and $647,707 in fiscal year 2021 and the amount projected for fiscal year 2022 is $647,140. The amount budgeted for fiscal year 2023 is $665,140, which reflects an increase of $18,000 from the amount projected for fiscal year 2022.

Expenditures
This preliminary budget includes expenditures in the total amount of $36.2 million. The allocation, is as follows:
77% - Salaries, Benefits, Overtime
18% - Supplies & Services
5% - Capital
Expenditures exceed projected revenues by $2.5 million.

The following are some of the items included in the budget for fiscal year 2022:
• $1.4 million - liability/property insurance
• $70,000 - Skate Park Security Guard Service, janitorial contract and landscaping services
• $51,400 - Library janitorial contract
• $43,000 - Adult Center, PO Pavilion, Community Center janitorial contracts • $370,000 - Legal Prof. Services
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Action Item (ID # 5441) Meeting of April 19, 2022
• $77,500 - IVRMA annual dues
• $405,000 - Street lighting cost
• $547,000 - Parks professional fees contracts
• $1.1 million - Aquatic Park
• $45,000 - Police Explorer Prg ($25,000) Volunteer Prg ($20,000) • $164,000 - LAFCO Annual Dues
• $5,000 - Contributions: IVEDC ($2,000), SBDC ($2,000) & Film Commission ($1,000)
CalPERS
As it has been highlighted in past budget presentations, CalPERS pension costs are an ongoing concern due to the continuous increases. The factors propelling the increase in pension costs are the following; actuarial assumptions, decreases in discount rate, amortization policy and CalPERS low investment returns.

Future employer contributions, per CalPERS latest valuation, indicate an increase in the amount to be paid to CalPERS of approximately $1.4 million over the next five years.

The amount allocated for pension cost in fiscal year 2023 is $6.4 million and represents 18% of the General Fund budget. The amount in fiscal year 2022 is projected to be $5.2 million and represents 16% of the General Fund budget.

Capital - The amount of capital requested for general fund activities totaled $13 million, of which $11,170,680 was not included in the 2023 budget. The amount recommended with this budget is $1,822,805.

The following is the listing of the requested capital included in the fiscal year 2023 budget:

1. City Hall DSN Server - IT - $8,053

2. IT Administrator Laptop - IT - $4,770

3. Security Cameras for Community Center - IT - $18,200

4. Camera Recorders for Fire Station 1, 2 and 3 - IT - $8,643

5. Service Truck - Facility Maintenance - $ 60,000

6. Work Stations (2) - Facility Maintenance - $7,000

7. Pool Vehicle - Non-Departmental - $52,000

8. Patrol Vehicles (5) - Police - $550,000

9. General Service Vehicles (3) - Police - $225,000

10.Ballistic Vests (24) - Police - $62,004

11.Structural Firefighting Turnout Ensemble (30) - Fire - $ 84,210

12.Wildland Tactical Pants (36) - Fire - $9,108

13.Gerber Medical Jackets (34) - Fire - $15,810

14.Computer Aided Dispatch Interface (10) - Fire - $83,710

15.Office Furniture - Fire - $6,431

16.Service Truck - Street Maintenance - $65,000

17.Field Equipment - Street Maintenance - $5,000

18.Safety Equipment - Street Maintenance - $5,000

19.Service Truck - Engineering - $50,532

20.50’ Self-Propelled 4WD Diesel Lift - Parks - $75,550 9 Packet Pg. 115
Action Item (ID # 5441) Meeting of April 19, 2022

21.T Crew Cab Truck with Service Bed - Parks - $130,250

22.Artificial Turf for City Hall Courtyard - Parks - $35,000

23.Verneer BC 1500 Chipper - Parks - $82,500

24.12’ Chipper Trailer - Parks - $24,058

25.Service Truck - Community Center - $38,988

26.Gym Floor Sand and Finish - Youth Center - $30,000

27.Radios (2) - Youth Center - $7,000

28.Fluorescent Lighting Replacement - Sports Pavilion - $40,000

29.Service Truck - Economic Development - $38,988
Total Capital Outlay Recommended: $1,822,805
Personnel - There were requests for 14.3 new positions and 4 reclassifications. The total cost for all new positions requested is $1,016,747 and $31,797 for all reclassifications requested. A total of 7.3 new positions are being recommended in this budget. The additional cost to fund these positions is $453,610. A total of 2 positions are being recommended for reclassification in this budget. The additional cost to fund these reclassifications is $16,984.

The following is the listing of the requested new positions and reclassifications included in the fiscal year 2023 budget:

New Positions
Public Works Administration ($22,453)
• ADD - .30 Staff Assistant
Street Maintenance ($125,232)
• ADD - 2 Street Maintenance Workers
Parks ($62,616)
• ADD - 1 Park Maintenance Worker I
Youth Center ($66,558)
• ADD - 1 Secretarial Assistant
Library ($176,751)
• ADD - 3 Library Assistants
Reclassifications
Facility Maintenance ($9,343)
• RECLASSIFY - Building Maintenance Mechanic II to HVAC Electrical Mechanic I - G9 to G11
Recreation ($7,641)
• RECLASSIFY - Clerical Assistant to Secretarial Assistant - G4 to G6

CHALLENGES
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Action Item (ID # 5441) Meeting of April 19, 2022
1) Decline in the level of fund balance as a result of proposed additional personnel aimed at addressing the rising demand for services related to recreational facilities, street beautification, and City growth support. 2) Decline in the level of fund balance as a result of an increase in costs of supplies and services due to rising inflation.
3) Increase in salary and benefits costs due to a projected 5% increase in salaries (2% COLA + Step Increase).
3) Increase in CalPERS pension costs due to changes to actuarial assumptions, reduction to discount rate, amortization of liability and other future actions, which will ultimately continue to increase pension liability and annual costs.
4) Aquatic Center Operations - Expenditures for the operation of the Aquatic Center continues as the highest recreational facility expenditure in fiscal year 2023 at $1.1 million.

GENERAL FUND - 5-Year Budget Projections
The following is a discussion of the five-year budget projections. The projections start with fiscal year 2023 and end with fiscal year 2027.

Fiscal years 2023 through 2027 reflect a 2% COLA increase and an annual step increase, which represents an approximate 5% increase overall. The allocation for supplies and services reflects an average of $9.4 million annually, while capital is maintained at approximately $966,251 million annually.

Revenue projections reflect a modest increase mainly from sales tax and property taxes. However, the revenue projections are not sufficient to support the increase in salaries and benefits, rising cost of supplies and services, rising CalPERS pension costs, Aquatic Center operational costs and capital outlay needs. Pension costs based on the last CalPERS valuation report indicate an increase in costs over the next five years of approximately $1.4 million. The pension rates provided by CalPERS are based on an estimated increase in payroll of 2.75% per year.

The following assumptions were made in the development of the five-year budget projections:
• Salaries & Benefits - Increases based on a COLA of 2% and annual step increases
• Aquatic Center - Operational expenditures net of revenue - Approximately $1.1 million annually
• Capital Outlay - Approximately an average of $966,251 annually • Supplies & services - Current level of operations with an inflationary increase 6% • Status Quo - No new programs
• New Positions - New positions introduced in fiscal year 2023 remain through fiscal year 2027 and beyond.
9 Packet Pg. 117
Action Item (ID # 5441) Meeting of April 19, 2022
The projections indicate shortfalls and reduction in fund balance. Five-year projections are concerning as there are projected shortfalls starting in fiscal year 2023 ($2,490,546), 2024 ($2,168,022), 2025 ($3,225,068), 2026 ($4,199,441) and 2027 (5,624,167).

The following is the projected annual net revenue/loss and corresponding ending fund balance.

These projections were made using current market and economic data adjusted for applicable inflationary factors. These are only projections/estimates which can change if market conditions change, revenues increase or expenditures decline.

Actual revenues will be determined by the status of the economy at both a local and national level. Sales tax revenue will also be determined by the exchange rate for the Mexican Peso and any political issues regarding the international border. Property tax revenues are impacted by new construction, real estate values and the economy.

These are projections which were developed with the information available at this point in time. These projections can only be improved through revenue growth above the levels in these projections or reduction in expenditures. Reducing expenditures can prove to be a challenge as personnel expenditures in the general fund comprise 77% of the budget leaving only 18% in supplies/services and 5% in capital for possible reductions without reducing the labor force.

Capital could be covered by measure P. The capital allocation in these projections is an average of $966,251 per year. If approved, this action itself would greatly decrease the projected fund balance shortfall.

In summary, to be able to cover the anticipated shortfalls the City of El Centro will need $2,490,546 (FY23), $2,168,022 (FY24), $3,225,068 (FY25), $4,199,441 (FY26) and $5,624,167 (FY27).
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Action Item (ID # 5441) Meeting of April 19, 2022

FUND BALANCE
The projected ending fund balance as of June 30, 2023, based on this preliminary budget, totals $17.1 million. The designations based on the City’s financial reserve policy are the following:
$ 2,570,790 - 15% Reserve Economic Unknowns
$ 2,745,000 - Accrued Leave Liability
$ 3,000,000 - Vehicle/Major Equipment Replacement
$ 8,822,815 - Undesignated
$17,138,605
Summary
Projected revenues are increasing at a much slower rate than are expenditures, therefore causing expenditures to vastly exceed revenues. Current concerns and future challenges continue to be the increase in pension and personnel costs, which dilutes the amount of funds available for current and new recreational programs, supplies, services and capital.
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City Council of the City of El Centro Meeting: 04/19/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Aimee Osuna
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 5498) DOC ID: 5498
Received and referred to Community Development
Department, Application for Alcoholic Beverage License - Wake Liquor 2, 1560 Ocotillo Dr., Ste A, El Centro, CA.

ATTACHMENTS:
• Wake Liquor 2 (PDF)
10 Packet Pg. 120

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Packet Pg. 121 Attachment: Wake Liquor 2 (5498 : Application for Alcoholic Beverage License - Wake Liquor 2)

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Packet Pg. 122 Attachment: Wake Liquor 2 (5498 : Application for Alcoholic Beverage License - Wake Liquor 2)