Accept a Fiscal Year 2025-2026 State of California - Office of Traffic S... Page 74 of 252 /i255
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Accept a Fiscal Year 2025-2026 State of California - Office of Traffic S... Page 75 of 252 /i255
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Accept a Fiscal Year 2025-2026 State of California - Office of Traffic S... Page 77 of 252 City of Indio
City Council
October 15, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Receive and File the 2024 Indio Police Department Annual Military Equipment Report.
RECOMMENDATION:
Receive and file the 2024 Indio Police Department Annual Military Equipment Report.
SUMMARY:
Pursuant to Assembly Bill 481, and subsequently Government Code Section 7070-7075, Indio Municipal Ordinance 1776, and Indio Police Department Policy #708, the Indio Police Department has prepared an Annual Military Equipment Report for 2024 (attachment 1). The Indio Police Department must submit the Annual Military Equipment Report to the City Council and hold a community meeting within 30 days after the official submittal of the attached report to address any questions from the public.
BACKGROUND INFORMATION:
On September 30, 2021, California Governor Gavin Newsom signed Assembly Bill 481 into law, which requires law enforcement agencies to seek approval from their governing body to acquire items defined in this section as “military equipment”. This section requires law enforcement agencies to submit an annual report on military equipment in order to continue the lawful use and availability of the equipment defined in the report. On May 4, 2022, the City Council adopted Ordinance 481 AB in defined as equipment continued of use the allowing 1776, military (attachment 2).
Pursuant to AB 481, law enforcement agencies, including the Indio Police Department, are required to present an Annual Military Equipment Report (attachment 1) to their governing body, City Council, for review and approval. This report lists the military equipment previously approved by the City Council, addresses a summary of how military equipment was used, any complaints or concerns received regarding the use of military equipment, the results of any internal audits, any information about violations of the military equipment use policy, any actions taken in response, the total annual cost for each military equipment item, quantity possessed for each type of military equipment, and any intent to acquire additional military equipment in the next year. Staff requests the Annual Military Equipment Report to be received and filed by the Indio City Council.
Furthermore, the Indio Police Department will hold a community meeting within the next 30 days after the official submittal to address any questions or concerns from the community regarding the AGENDA ITEM #10.8
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 78 of 252 military equipment. The report will also be readily available to the public via the Indio Police Department's webpage.
ATTACHMENTS:
Attachment 1: 2024 Military Equipment Report
Attachment 2: Ordinance No. 1776 - Military Equipment Use Policy (CCM 5.4.2022) (1)
APPROVAL(S):
Brian Tully, Chief of Police Approved - 08 Oct 2025
Jennifer A. Mizrahi, Assistant City Attorney Approved - 08 Oct 2025 Ruby D. Walla, Director of Finance Approved - 08 Oct 2025 Ruby D. Walla, Director of Finance Approved - 08 Oct 2025
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 79 of 252
Military Equipment
2024 Annual Use Report
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 80 of 252 2 Mission, Vision, Values, Motto 3
Executive Summary 4
Introduction 6
Outreach and Community Engagement 7
Summary of Military Equipment Usage 8
Planned Military Equipment Requests for 2025 18
Conclusion 19
Attachments
IPD Policy, Military Equipment Description/Cost
19
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 81 of 252 3
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 82 of 252 4 On September 30, 2021, the Governor of California approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (Mayor and City Council), by adopting a military equipment use policy. The Indio Police Department is required to seek City Council approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment.
It is important to note that “military equipment” is now a defined term under state law, and it does not necessarily mean that IPD acquired or purchased its equipment from the military.
Nor does it mean that the equipment we have is of the type used by the military. None of the equipment listed in the inventory was obtained from the military but rather was purchased from law enforcement vendors. For example, military equipment as defined by state law includes IPD foundational equipment such as patrol rifles, and some of our less lethal tools. Rifles, for example, allow peace officers to address lethal threats from a greater distance and with greater precision.
Other items that are now considered “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal 40mm projectile launchers, and flashbangs. This equipment, now deemed to be “military equipment” by AB 481, is used as a component of overall best practices for law enforcement agencies throughout the country, including IPD, to specifically reduce risk to community members. 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. These tools have been tested in the field and are used to enhance citizen safety and officer safety. The loss of these items would jeopardize the welfare of citizens and peace officers within the City of Indio.
Assembly Bill 481 requires the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.
Executive Summary
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 83 of 252 5 AB 481
Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website.
Assembly Bill 481
California Government Code Section 7072 states the following:
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.
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 intents 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.
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 84 of 252 6 The Indio Police Department and Desert Regional SWAT Team possess and employ a wide variety of equipment to assist in safely achieving the furtherance of its mission. While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident.
The Indio Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution, in a safe manner. The use of military equipment is restricted to certain instances and in some cases only by certain units. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, state law, and information available at the time of use.
It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.
This Annual Military Equipment Use Report outlines a summary of our military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns for calendar year 2024.
Introduction
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 85 of 252 7 Outreach and Community Engagement
The Indio Police Department is committed to improving the trust and confidence between the Department and the community it serves. As the Department strives to enhance community relationships and continues to be a progressive leader amongst law enforcement agencies nationwide, we want to ensure the public has access to the way its Police Department operates and engages with the public. The Indio Police Department regularly utilizes select military equipment, including Armored Vehicles, Mobile Incident Command Post, Robots, and Shields, during outreach and community events, as a means of public awareness, transparency and education. Military equipment may also be displayed during community events as a means of providing a safe environment for the public to enjoy all of the great festivals, events, and amenities the City of Indio has to offer.
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 86 of 252 8 Robots
Robots were operationally deployed a total of eight (8) times from January 1, 2024, through December 31, 2024. Four (4) of these incidents were in the City of Indio.
Authorized usages:
• Support of SWAT and Patrol during high risk, tactical, or other public safety life preservation missions to include:
• Opening doors to clear buildings for public safety and life preservation missions. • Provide interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding.
• Delivery of items (i.e., CNT phone) during critical incidents to engage in de -escalation and/or crisis-intervention techniques in an attempt to resolve incidents peacefully. • Community events for engagements and developing public trust.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• Annual maintenance and battery replacement cost is approximately $600. (Battery replaced at 3-4 years.) Maintenance is paid for by Palm Springs Police Department.
Inventory:
• One (1) ICOR Technology Mini-Caliber Robot
Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 87 of 252 9 Military Equipment Usage
Armored Vehicles
The Bear and the BearCat were deployed a total of three (3) times for tactical operations in the City of Indio from January 1, 2024, through December 31, 2024, during Regional SWAT Operations. There were nine (9) additional deployments of the armored vehicles to the Coachella / Stagecoach Concerts as an Emergency Response Vehicle.
Authorized usages:
• Support of SWAT and Patrol during critical incidents by providing a greater safety to community members and officers beyond the protection level of a shield and/or personal body armor.
• Community events for engagement and developing public trust.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• Annual maintenance is paid for by Palm Springs Police Department.
Inventory:
• One (1) Lenco BEAR
• One (1) Lenco BEARCAT
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 88 of 252 10 Mobile Incident Command Vehicle and Crisis Negotiation Team Vehicle The Mobile Incident Command Vehicles were operationally deployed a total of one (1) time from January 1, 2024, through December 31, 2024. One (1) of these incidents were in the City of Indio.
Authorized usages:
• Utilized as a command post for critical incidents during complex events. • Natural disaster (i.e., mutual aid for large scale fires or flooding). • Other large scale events (i.e., concerts, festivals, etc.) in preparation of a critical incident.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• This vehicle has had several mechanical issues and is no longer being used.
Inventory:
• One (1) 1997 Fleetwood RV
Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 89 of 252 11 Military Equipment Usage
Vehicles with Breaching or Entry Apparatus
A Breaching / Entry Apparatus is affixed to the Lenco Bear armored vehicle and deployed along with the Bear. The apparatus device itself was operationally deployed a total of zero (0) times from January 1, 2024, through December 31, 2024.
Authorized usages:
• Support of SWAT and Patrol during critical incidents by providing a greater safety to community members and officers beyond the protection level of a shield and/or personal body armor.
• The attachable boom can be used for breaching structures or ramming objects, and has the ability to deploy gas.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy form January 1, 2024, through December 31, 2024.
Annual Cost:
• Annual maintenance is paid for by Palm Springs Police Department.
Inventory:
• One (1) Breaching / Entry / Gas deployment apparatus affixed to the Lenco BEAR armored vehicle.
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 90 of 252 12 Assault Weapons Defined Under PC 30510 & PC 30515 and Munitions Assault Weapons were utilized a total of zero (0) times from January 1, 2024, through December 31, 2024.
Authorized usages:
• In accordance with California Penal Code Section 835a and IPD Policy 300 (Use of Force).
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• There was one purchase of fifteen (15) new rifles in 2024. • All rifles in our inventory have a life span between 10 - 15 years. • Annual maintenance is between $0 - $50.00 per rifle.
• In 2024, IPD purchased a total of $4,586.57 for ammunition in calibers of 5.56/.223 and .308.
The ammunition was used for California POST mandated training, department qualifications, advanced officer training, SWAT training, and duty use. This was paid for by existing police budget.
Inventory:
• Fifty-three (53) American Defense Manufacturing AR-15, 5.56 Caliber Rifles. • Fifteen (15) Colt M-4, .223 Caliber Rifles.
• Twelve (12) Bushmaster M-4, .223 Caliber Rifles.
• One (1) LWRC International MK-12, 5.56 Caliber Rifle. • Two (2) Remington 700 .308 Bolt Rifles.
• One (1) Accuracy International .308 Precision Bolt Rifle. • Twenty three thousand (23,000) Winchester .223 55-grain rounds (Range Ammunition) • Two thousand (2,000) Black Hills 5.56 77-grain rounds (Designated Marksman) • Two thousand (2,000) Hornady 5.56 53-grain rounds (Patrol Duty Ammunition) • Two hundred (200) Hornady SBR 5.56 75-grain rounds (SWAT Duty Ammunition) • One thousand (1,000) Black Hills .308 168-grain ELDM rounds (Sniper Cadre) • Sixty (60) Hornady .308 Winchester 180-grain Nosler Accubond rounds (Sniper Cadre) Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 91 of 252 13 Explosive Breaching Tools
Explosive breaching tools were operationally deployed a total of zero (0) times from January 1, 2024, through December 31, 2024.
Authorized usages:
• Explosive breaching tools are used to breach fortified structures to establish a point of entry. • To reduce the time in mitigating a hardened structure increasing officer safety and the element of surprise.
• To facilitate expedient access to hostages in peril.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• There were no new purchases of explosive breaching tools in 2024. There is no additional maintenance cost for this equipment, however after 5 years, the rounds need to be replaced. • There were no additional training costs in 2024.
Inventory:
• Two (2) Royal Arms Remington 870 Shotguns.
• Sixteen (16) Royal Arms Tesar-2 Black Cap Copper Frangible Breaching Rounds. • Five (5) Royal Arms TESCR-3 Green Cap Clayvon Frangible Breaching Rounds. • Five (5) Royal Arms FB-82H 12-Gauge Flash Bang Hard Breaching Rounds.
Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 92 of 252 14 Noise Flash Diversionary Devices
NFDD’s were operationally deployed a total of one (1) time from January 1, 2024, through December 31, 2024. Zero (0) of these incidents were in the City of Indio.
Authorized usages:
• Support SWAT during call outs and high-risk warrant services. • To minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects.
• The effects of the NFDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• There were no new purchases of noise flash diversionary devices in 2024. • NFDD’s have a life span of 5 years.
• There is no annual maintenance cost for NFDD’s.
Inventory:
• Thirty-nine (39) Combined Tactical Systems, Mini Flash-Bangs. • One (1) Combined Tactical Systems, 3-bang Flash-Bang. • One (1) Combined Tactical Systems, 6-bang Flash-Bang. • One (1) Combined Tactical Systems, 9-bang Flash-Bang.
Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 93 of 252 15 Military Equipment Usage
Chemical Agents and Smoke Canisters
Chemical agents and smoke canisters were operationally deployed a total of zero (0) times from January 1, 2024, through December 31, 2024.
Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior. • Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk.
• Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• There were no new purchases or additional training costs of chemical agents in 2024.There is no additional maintenance cost for this equipment, however needs to be replaced after 5 years.
Inventory:
• Eighteen (18) Combined Tactical Systems, CS Baffled Canister Grenade, Pyro, Low Flame. • Twelve (12) Combined Tactical Systems, Riot CS Smoke. • Twenty-four (24) Combined Tactical Systems, White Smoke. • Twenty-four (24) Combined Tactical Systems, 40mm CS Powder Barricade Penetrating Rounds.
• Thirty-one (31) Combined Tactical Systems, Riot Control Continuous CS Smoke Discharge Grenade.
• Eight (8) Combined Tactical Systems, Military Style SAF-Smoke CN / CS Grenade. • Eight (8) Combined Tactical Systems, Pocket Tactical Grenade—SAF-Smoke. • Six (6) Combined Tactical Systems, Pocket Tactical CS Smoke Grenade. • Twelve (12) Combined Tactical Systems, 37mm CS Ferret Rounds • Seventeen (17) Sabre Red, Phantom Aerosol Grenade-OC.
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 94 of 252 16 40mm Projectile Launchers and Munitions
40mm Projectile Launchers were utilized a total of one (1) time from January 1, 2024, through December 31, 2024. Zero (0) of these incidents were in the City of Indio.
Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior. • In circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk.
• Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost:
• There were no new purchases of 40mm projectile launchers or munitions in 2024. • 40mm Launcher life span is 20 years, and 40mm munitions life span is 5 years. • Annual maintenance for the launchers is between $0 - $50.00 per unit.
Inventory:
• Twenty-six (26) Defense Technology 40mm Single Shot Launchers. • Four (4) Penn Arms 40mm Pump Multi-Launchers.
• Two hundred twenty-seven (227) Defense Technology 40mm Direct Impact Sponge Rounds. • Eighty (80) Defense Technology 40mm Direct Impact OC Rounds. • Twenty-six (26) Defense Technology 40mm Direct Impact Marking Rounds. • Three (3) Defense Technology 40mm Direct Impact Inert Rounds.
Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 95 of 252 17 Unmanned, Remotely Piloted Powered Aerial Vehicles / System (UAS)
Unmanned aerial systems were operationally deployed a total of forty three (43) times from January 1, 2024, through December 31, 2024.
Authorized Usages:
• Conduct aerial searches for Missing Persons.
• Collection of evidence in the form of aerial photography / video in support of an investigation (i.e., traffic scenes, shooting scenes, homicide scenes). • Provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individual threatening violent behavior before potentially dangerous face-to-face contact is required.
• Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms). • Community events for engagement and developing public trust.
Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.
Annual Cost and Maintenance:
• Annual software, programming, and maintenance estimated cost—$9,757.32
Inventory:
• One (1) Axon Air, DJI Mavic 3 Thermal SP Plus
• Two (2) Axon Air, DJI Mavic 3 Enterprise SP Plus
• Two (2) Axon Air DJI Mavic Mini 2
Life Span:
• Estimated Life Span is 3 –5 years.
Military Equipment Usage
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 96 of 252 18 Planned Requests of Military Equipment for 2025
The Indio Police Department does not plan on purchasing any new items in 2025 which are listed under AB 481, Military Equipment.
Planned Military Equipment Requests for 2025
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 97 of 252 19 The acquisition and use of military equipment in our community may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment. When making decisions regarding how military equipment is funded, acquired, or used, the Indio Police Department gives strong consideration to the public’s welfare, safety, civil rights, and civil liberties.
In a continued effort for greater transparency, the Indio Police Department places high regard to meaningful public input in the use of military equipment in our community, in an effort to increase the safety of the public. Any member of the public can submit a question or concern regarding military equipment use by contacting Lieutenant Erik Longoria at [email protected]. The Department will strive to provide a timely response to the community’s questions and concerns regarding the use of military equipment.
Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it should be routed to a supervisor for proper documentation and investigation, in accordance with Indio Police Department Policy #1020 (Personnel Complaints).
Attachments
• Indio Police Department Policy #708—Military Equipment • Military Equipment Description and Cost
Conclusion
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708
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Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use, and reporting requirements of specified law enforcement equipment that has been designated as "military equipment" pursuant to Government Code Section 7170, whether such equipment is existing or is to be acquired in the future. In addition, this policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (Government Code Sections 7070 through 7075).
These obligations include, but are not limited to, seeking approval on specified military equipment and requirements related to compliance, annual reporting, cataloging and complaints regarding these items. (See, Government Code §§ 7070, 7071, 7072, 7074 and 7075). 708.1.1 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.
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• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
708.2 DEFINITIONS
Definitions related to this policy include:
1. Chief of Police - The Chief of Police shall mean the City of Indio Chief of Police and his designee.
2. Department - Department shall mean the Indio Police Department.
3. Governing Body – The Governing Body shall mean the Indio City Council who is the elected body that oversees the Indio Police Department.
4. Military Equipment – Military Equipment shall mean the equipment defined in Government Code Section 7070(c)(1) through (c)(16) to include:
a. Unmanned, remotely piloted, powered aerial or ground vehicles. b. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. c. 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. d. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
e. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
f. Weaponized aircraft, vessels or vehicles of any kind. g. Battering rams, slugs, and breaching apparatuses that are explosive in nature. h. Firearms of.50 caliber or greater, excluding standard issue shotguns. i. Ammunition of.50 caliber or greater, excluding standard issue shotgun ammunition. j. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the California Penal Code, excluding standard issue service weapons and ammunition of less than.50 caliber. k. Any firearm or firearm accessory that is designed to launch explosive projectiles. l. Flashbang grenades and explosive breaching tools, tear gas and pepper balls, excluding standard issued handheld pepper spray.
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m. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device. n. 40mm projectile launchers, bean bag, rubber bullet, and specialty impact munition weapons. o. Any other equipment as determined by a governing body to require additional oversight.
Military equipment does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
See attachment: Addendum A - Military equipment policy Final PDF 031122.pdf 708.3 APPROVAL OF POLICY BY GOVERNING BODY
1. The Chief of Police shall obtain approval from the governing body, by way of ordinance, the adoption of the Military Equipment Policy prior to engaging in any of the following activities:
a. Requesting military equipment be 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. 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 general order. 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.
2. In seeking the approval of the Military Equipment Policy by the governing body, the Chief of Police shall submit a proposed Military Equipment Policy and or any subsequent amendments, to the City Council. The policy or any amendments shall also be made available to the public by posting those documents on the City of Indio Police Department internet website at least 30 days prior to any public hearing concerning the military equipment at issue. The Chief of Police shall submit the Military Equipment Policy annually to the governing body pursuant to procedures set forth in Government Code Section 7071.
708.4 MILITARY EQUIPMENT USE CONSIDERATIONS
1. The military equipment acquired and authorized by the Department is:
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a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
708.5 ANNUAL MILITARY EQUIPMENT REPORT
1. Within one year of the approval of this Military Equipment Policy, the Department shall submit a military equipment report to the Governing Body that addresses each type of approved military equipment, and annually thereafter for as long as the military equipment is available for use by the Department.
2. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use by the Department.
3. 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:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. 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.
e. The quantity possessed for each type of military equipment. f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
4. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department 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 Department's funding, acquisition, or use of military equipment.
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708.6 MILITARY EQUIPMENT INVENTORY INCLUDING EQUIPMENT TYPE AND USAGE
GUIDELINES
1. The Department's inventory of qualifying Military Equipment is set forth in Attachment A and includes the various types, descriptions and guidelines for its usage in compliance with Government Code Section 7070(d) in addition to guidelines set forth in paragraph (2) below.
2. The Department's inventory of military equipment is varied and the mere possession of the equipment does not warrant its use for every incident. The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide- ranging, it is not all-inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander, influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time, will be used.
It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. 708.7 OVERSIGHT REGARDING DEPARTMENT COMPLIANCE
The Department SWAT TEAM Lieutenant ( designated military equipment coordinator ) will ensure that all Department members comply with this policy and any individual Department policies as applicable. The Department SWAT TEAM Lieutenant will conduct an annual audit with the assistance of the Training Unit. The Chief of Police will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Department Personnel Complaints Policy. All instances of noncompliance will be reported to City Council via the annual military equipment report. 708.8 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES
1. Any member of the public can register a question or concern regarding military equipment use by contacting the Indio Police Department's military equipment coordinator via https://www.indio.org/ your_government/police/. A response to the question or concern shall be completed by the Department in a timely manner.
2. Any member of the public can submit a complaint regarding military equipment use to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the
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complaint is received, it will be routed to the military equipment coordinator in accordance with our Personnel Complaints policy. A response to the question or concern shall be completed by the military equipment coordinator within 20 business days absent any extraordinary circumstances.
708.9 FUNDING
1. The Department shall seek council approval 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.
2. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. In such cases, the Department shall obtain council approval as soon as practicable.
708.10 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of the Indio Police 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 (Indio City Council) for matters related to the requirements of this policy.
b. Identifying Indio Police Department equipment that qualifies as military equipment in the current possession of the Indio Police Department or IPD Desert Regional SWAT Team, or the equipment the Indio Police Department intends to acquire that requires approval by the Indio 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 Indio Police Department (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include: (i) Publicizing the details of the meeting; (ii) 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 Indio Police 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 Indio Police Department will respond in a timely manner.
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708.11 COORDINATION WITH OTHER JURISDICTIONS
Through the Association of Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military Equipment policy related to any enforcement action throughout Riverside County.
Military equipment used by any member of this Department shall be approved for use and in accordance with this Military Equipment Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. The Riverside Sheriff's Department frequently operates in the city of Indio in various capacities.
708.12 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department military equipment coordinator shall discuss the report and respond to public questions regarding the annual report and the Department's funding, acquisition, or use of military equipment.
708.13 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.
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Attachments
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Addendum A - Military equipment policy Final
PDF 031122.pdf - 9
Addendum A - Military equipment
policy Final PDF 031122.pdf
Addendum A - Military equipment policy Final PDF 031122.pdf
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A. MILITARY USE EQUIPMENT
1. Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. (Desert Regional SWAT Asset) a. Description, quantity, capabilities, and purchase cost i. ICOR Technology Mini-CALIBER Robot, cost: $40,000, quantity: 1. Lightweight, modular and one-man portable, the Mini-CALIBER SWAT and EOD Robot is tested and recommended by the National Tactical Officers Association (NTOA). Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini-CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles. b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
Operators who have completed the required training shall be permitted to operate the robots.
d. Expected Lifespan 8-10 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $600 (Batteries replaced at 3-4 years).
f. Training
All robot operators receive training annually during SWAT training days. g. Legal and Procedural Rules
It is the policy of the IPD to utilize a robot only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. (Desert Regional SWAT Asset. Both armored vehicles are owned and maintained by the Palm Springs Police Department).
a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, cost: $300,000, quantity: 1. The Lenco BearCat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for the rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. ii. LENCO BEAR, cost: $600,000, quantity: 1. The Lenco BEAR, is an armored vehicle that seats 16-18 personnel with an open floor plan that allows for the rescue of downed personnel. The Bear has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The Lenco BEAR features a heavy-duty hydraulic RAM mounted to the front of the vehicle. The removable RAM raises and lowers with interior controls and is capable of breaching doors, concrete barriers, and moving other large items. The RAM is a multi-purpose tool, which can also be equipped with a 360-degree camera system and a delivery system for non- lethal munitions.
b. Purpose
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To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan
Lenco BearCat and BEAR, 25 years.
e. Fiscal Impact
None. Maintenance is handled through the City of Palm Springs. f. Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction. BEAR drivers are required to obtain a Class B driver's license prior to use.
g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes and pursuant to State and Federal law.
3. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less-lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost: $1000, quantity: 26. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable ROGERS Super Stoc™ and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
ii. PENN ARMS, 40MM PUMP MULTI-LAUNCHER, #P540-1, cost: $3,000, quantity: 4.
Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile and used worldwide by police and corrections officers. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $29, quantity: 98. The eXact IMpact 40mm Sponge Round is a point-of-aim, point-of- impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, has velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $30, quantity:
80. 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. NOTE: The current 40mm OC munitions inventory is expired and is
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being retained in a secure location for training use only. v. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING, #6326, cost: $30, quantity: 26. 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 a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground. NOTE: The current 40mm marking munitions inventory is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT INERT, #6323, cost: $30, quantity: 3. 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. The black-nosed inert munition is a great option for training. NOTE: The current 40mm inert munitions inventory is expired and is being retained in a secure location for training use only.
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 systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Defense Technology #1425 40mm Single Launcher- 20 years.
Penn Arms #P540-1 40mm Multi-Launcher- 25 years.
Defense Technology #6325 Exact Impact Sponge- 5 years.
Defense Technology #6320 Direct Impact OC- 5 years.
Defense Technology #6326 Direct Impact Marking- 5 years.
Defense Technology #6323 Direct Impact Inert- 5 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each launcher. Munitions need to be replaced at end of life (5-years) or as needed upon use.
f. Training
Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-certified less lethal and chemical agent instructors. g. Legal and Procedural Rules
Use is established under IPD Policy Section 308.6 and 308.9. It is the policy of the IPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
4. Combined Systems LC5 40MM Launching Cup : Cup that attaches to 12 gauge less-lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a. Description, quantity, capabilities, and purchase cost COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $315, quantity: 2. The
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LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition is launched with the Combined Systems model 2600 launching cartridge.
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 systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Officers utilizing the launching cups are trained by POST-certified chemical agent instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308..6. It is the policy of the IPD to utilize the 40mm launching cups to deliver chemical agents and/or smoke only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
5. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG, cost: $42, quantity:
9. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. The Flash-Bang exhibits all of the same attributes as its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. ii. COMBINED TACTICAL SYSTEMS, 7290-3 FLASH-BANG cost $109, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iii. COMBINED TACTICAL SYSTEMS, 7290-6 FLASH-BANG, cost $135, quantity: 1. A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iv. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost $146, quantity: 1. A
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non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
Can also be used as an option when confronted by vicious animals. c. Authorized Use
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. During barricaded subject and/or hostage situations. iii. During high-risk warrant services.
iv. When discouraging dangerous animals from attacking
v. During riotous situations or to restore or maintain order during civil disturbances. vi. Circumstances wherein distraction of violent and/or emotionally disturbed persons and/or those under the influence of alcohol/drugs is believed necessary to facilitate apprehension/custody.
vii. Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
viii. During training exercises.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST-certified instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 415. It is the policy of the IPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
6. Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost i. AMERICAN DEFENSE MANUFACTURING AR-15, 5.56 CALIBER RIFLE, MODEL UIC MOD1, cost: $1,200, quantity: 53. Built on a billet aluminum, fully ambidextrous upper and lower receiver set, the ADM UIC MOD 1 is the Law Enforcement Duty Carbine of the UIC line. Barrel lengths vary and include 11.5”, 14.5”, and 16” barrels.
This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
ii. COLT M-4, .223 CALIBER RIFLE, MODEL LE6946CQB, cost: $1,400, quantity: 12.
The LE6946CQB displays fresh ingenuity with a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail which provides
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modularity for under mounting accessories. The patented one-piece monolithic upper receiver incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for long- range acquisition capability. This select-fire rifle is issued to SWAT operators assigned to the Desert Regional SWAT Team.
iii. BUSHMASTER M-4, .223 CALIBER RIFLE, MODEL XM15-E25, cost: $1,100, quantity: 11. One of Bushmaster’s most popular rifles, the Patrolman’s Carbine is equipped with a 16” M4 Barrel, with a chrome-lined bore and chamber. The A2 birdcage-type flash hider was built to control muzzle flash, and the six-position telestock allows for quick and lightweight handling. This model also includes an A3 removable carry handle with 1/2 MOA elevation and 1/2 MOA windage adjustments.
This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
iv. LWRC INTERNATIONAL MK12- 5.56mm cost: $2,500, quantity: 1. The Mk12 is equipped with an 18" Barrel, This firearm is gas-operated with a rotating bolt, along with a Surefire muzzle brake. It is equipped with a LaRue/Harris bipod (Quick -detach) & Surefire MINI suppressor and Geissele trigger. The rifle has a Magpul stock with a medium-range mission-specific optic. This rifle is primarily used in an overwatch capacity or during a SWAT callout to protect the community during large events. (City Parades, Music Festivals, SWAT. deployments).
v. REMINGTON .308 CALIBER RIFLE, MODEL 700, cost: $3,500, quantity 2. The Model 700 is a highly maneuverable member of the family. It's built for tack-driving accuracy with a 26" heavy-contour tactical-style barrel. It includes a bolt carrier group that reduces overall recoil and impulse and is easy to maintain and operate in all weather conditions. The rifle is equipped with a LaRue/Harris bipod, surplus sling, and a Leopold long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. vi. ACCURACY INTERNATIONAL .308 CALIBER RIFLE, cost $7,000, quantity 1. 28” barrel. The AI .308 caliber rifle is a precision sniper rifle. It is a highly accurate and durable rifle that is easy to maintain and operate in all weather conditions. The AI features a Bolt-Connection System that dramatically increases the connection surface area between the barrel and upper receiver for increased stability, accuracy and consistency, traditionally only found in high-end bolt action rifles. The rifle is equipped with a LaRue/Harris bipod, sling, and long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. NOTE: This rifle is owned by the Palm Springs Police Department.
However, it is currently being utilized by an Indio Police officer assigned to Desert Regional SWAT.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
American Defense Manufacturing rifles- 15 years.
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Colt M-4 rifles- 10 years.
Bushmaster rifles- 15 years.
LWRC International rifles- 10 years.
Remington 700 rifles- 10 years.
Accuracy International rifle- 10 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each rifle. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to pass a range qualification annually. Additional qualifications are in place for those assigned to Desert Regional SWAT. g. Legal and Procedural Rules
Use is established under IPD Policy Sections 300, 312 and 409. It is the policy of the IPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER GRENADE , PYRO, LOW FLAME POTENTIAL, #5230B, cost: $45, quantity: 18. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The Baffled Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Baffled Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Baffled Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure. ii. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230, cost: $34, quantity:
12. Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazards. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.
iii. COMBINED TACTICAL SYSTEMS, WHITE SMOKE, #6210, cost: $32, quantity: 24.
White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.
iv. COMBINED SYSTEMS, 40MM CS POWDER BARRICADE PENETRATING ROUND, #4431, cost: $25, quantity: 24. This round is a spin-stabilized, 4.1” long, CS powder-filled projectile that penetrates intermediate barriers and delivers irritant agents into an adjacent room. Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier.
The greatest probability for penetration occurs when the projectile impacts 90°
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perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors. In a tactical deployment situation, the 40mm barricade penetrating round 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. v. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082, cost: $29, quantity: 31. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to direct the route of a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, MILITARY STYLE SAF-SMOKE GRENADE, # 1063, cost $26, quantity: 8. The Saf-Smoke™ Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offers the same approximate burn times as the Spede-Heat™ Grenade in CN or CS and the Riot Control Grenade in CN or CS. The similar burn times may make it the appropriate choice for training or simulation deployment of chemical agent canisters. The Saf- Smoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
vii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - SAF-SMOKE, #1017, cost $28, quantity: 8. The Pocket Tactical Saf-Smoke™ Grenade is small and lightweight. TheSaf-Smoke™ will burn for approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
viii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - CS, #1016, cost:
$24, quantity: 6. The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
ix. DEFENSE TECHNOLOGY, 37MM FERRET - CS, #1162, cost: $38, quantity: 12.
The Ferret® 37 mm CS Round is a frangible projectile filled with chemical agent.
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Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travels at 650fps within an effective range of 50 yards. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. x. SABRE RED, PHANTOM AEROSOL GRENADE - OC, #AG-PTM-40 (MK-5), cost:
$13, quantity: 17. The SABRE Red 1.33% MC, 3.6 oz., MK-5 PHANTOM Evaporating Fog Delivery Aerosol Grenade empties in fourteen (14) seconds filling an area of 22,000 cubic feet in 60 seconds. PHANTOM’s evaporating fog delivery is more debilitating (inhalation effect) and simpler to clean up (fresh air) than traditional fog delivery systems, making PHANTOM the ideal extraction tool. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents or have been trained by a POST-Certified instructor are authorized to use chemical agents.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Sworn members utilizing chemical agent canisters are certified by POST less-lethal and chemical agents instructors. Desert Regional SWAT members conduct annual training for SWAT operators.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308. It is the policy of the IPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost i. ROYAL ARMS REMINGTON 870 BREACHING SHOTGUN, cost: $795, quantity:
2. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon, which is only utilized for breaching, can also defeat windows and sliding glass doors with a flashbang round.
ii. ROYAL ARMS TESAR-2 BLACK CAP 425 GRAIN COPPER FRANGIBLE
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BREACHING ROUND, cost: $5 per round, quantity: 16. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. iii. ROYAL ARMS TESCR-3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, cost: $5 per round, quantity: 5. The round is fired from a breaching shotgun and is used to destroy all locks, cross-bolts and hinges. iv. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, cost: $5 per round, quantity: 5. The rounds are fired from a breaching shotgun and can be used as a diversionary round or to can be used to breach solid wood doors, light steel, sliders or car windows.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises.
d. Expected Lifespan
Breaching Shotgun- 25 years
Royal Arms TESAR-2 black cap 425 grain copper breaching round- 5 years Royal Arms TESR-3 green cap 375 grain clayvon frangible breaching round- 5 years Royal Arms FB-82H 12-gauge 82 grain flash-bang hard breaching round- 5 years e. Fiscal Impact
Annual maintenance is minimal. However, replacement costs to maintain an adequate supply. f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. g. Legal and Procedural Rules
It is the policy of the IPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
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Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 118 of 252 A. MILITARY USE EQUIPMENT
1. Robots: A remotely-controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. (Desert Regional SWAT Asset)
a. Description, quantity, capabilities, and purchase cost i. ICOR Technology Mini-CALIBER Robot, cost: $40,000,
quantity: 1. Lightweight, modular and one-man portable, the Mini-CALIBER SWAT and EOD Robot is tested and
recommended by the National Tactical Officers Association (NTOA). Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini-CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles. b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
Operators who have completed the required training shall be permitted to operate the robots.
d. Expected
Lifespan 8-10
years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $600 (Batteries replaced at 3-4 years).
f. Training
All robot operators receive training annually during SWAT training days.
g. Legal and Procedural Rules
It is the policy of the IPD to utilize a robot only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
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2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. (Desert Regional SWAT Asset. Both armored vehicles are owned and maintained by the Palm Springs Police Department).
a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, cost: $300,000, quantity: 1. The Lenco BearCat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for the rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
ii. LENCO BEAR, cost: $600,000, quantity: 1. The Lenco BEAR, is an armored vehicle that seats 16-18 personnel with an open floor plan that allows for the rescue of downed
personnel. The Bear has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The Lenco BEAR features a heavy-duty hydraulic RAM mounted to the front of the vehicle. The removable RAM raises and lowers with interior controls and is capable of breaching doors, concrete barriers, and moving other large items. The RAM is a multi-purpose tool, which can also be equipped with a 360- degree camera system and a delivery system for non-lethal munitions.
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and
stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific
circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan
Lenco BearCat and BEAR, 25 years.
e. Fiscal Impact
None. Maintenance is handled through the City of Palm Springs. f. Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
BEAR drivers are required to obtain a Class B driver's license prior to use.
g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only
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3. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less-lethal tool to launch impact rounds. a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER,
#1425, cost: $1000, quantity: 26. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable ROGERS Super Stoc™ and an adjustable Integrated Front
Grip (IFG) with light rail. It will fire standard 40mm less- lethal ammunition, up to 4.8 inches in cartridge length. ii. PENN ARMS, 40MM PUMP MULTI-LAUNCHER, #P540-1, cost:
$3,000, quantity: 4. Penn Arms 40MM launchers are
manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass-filled
nylon. These launchers are lightweight, versatile and used worldwide by police and corrections officers. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length.
iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE,
#6325, cost: $29, quantity: 98. The eXact IMpact 40mm
Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the
propellant, and, therefore, has velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320,
cost: $30, quantity:
80. 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
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 121 of 252 combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. NOTE: The
current 40mm OC munitions inventory is expired and is being retained in a secure location for training use only.
v. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING,
#6326, cost: $30, quantity: 26. 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 a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground. NOTE: The current 40mm marking munitions
inventory is expired and is being retained in a secure
location for training use only.
vi. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT INERT,
#6323, cost: $30, quantity: 3. 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. The black-nosed inert munition is a great option for training. NOTE: The current 40mm inert munitions inventory is expired and is being
retained in a secure location for training use only.
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 systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Defense Technology #1425 40mm Single Launcher- 20 years.
Penn Arms #P540-1 40mm Multi-Launcher- 25 years.
Defense Technology #6325 Exact
Impact Sponge- 5 years. Defense
Technology #6320 Direct Impact OC- 5
years.
Defense Technology #6326 Direct Impact
Marking- 5 years.
Defense Technology #6323 Direct
Impact Inert- 5 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each launcher.
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f. Training
Sworn members utilizing 40MM less-lethal chemical agents or impact rounds are trained in their use by POST-certified less lethal and chemical agent instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308.6 and 308.9. It is the policy of the IPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
4. Combined Systems LC5 40MM Launching Cup: Cup that attaches to 12 gauge less-lethal shotguns which allow officers to launch canisters of chemical agents or smoke.
a. Description, quantity, capabilities, and purchase cost COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $315,
quantity: 2. The
LC5 Launching Cups are designed for the 5200 series grenades.
The cups can be attached to virtually any 12ga shotgun and the munition is launched with the Combined Systems model 2600 launching cartridge.
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 systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 123 of 252 ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply.
f. Training
Officers utilizing the launching cups are trained by POST- certified chemical agent instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308..6. It is the policy of the IPD to utilize the 40mm launching cups to deliver chemical agents and/or smoke only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
5. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG,
cost: $42, quantity: 36. The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang.
The Flash-Bang exhibits all of the same attributes as its larger counterpart but in a smaller and lighter package.
Weighing in at just 15 ounces the new 7290M is
approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million
candela of light. The patented design of the 7290M,
incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. ii. COMBINED TACTICAL SYSTEMS, 7290-3 FLASH-BANG cost
$109, quantity: 1. A non-bursting, non-fragmenting multi- bang device that produces a thunderous bang with an
intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high- risk arrest situations.
iii. COMBINED TACTICAL SYSTEMS, 7290-6 FLASH-BANG, cost $135, quantity: 1. A non-bursting, non-fragmenting multi- bang device that produces a thunderous bang with an
intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high- risk arrest situations.
iv. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG, cost
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 124 of 252 $146, quantity: 1. A non-bursting, non-fragmenting multi- bang device that produces a thunderous bang with an
intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high- risk arrest situations.
b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. Can also be used as an option when confronted by vicious animals.
c. Authorized Use
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. During barricaded subject and/or hostage situations. iii. During high-risk warrant services.
iv. When discouraging dangerous animals from attacking
v. During riotous situations or to restore or maintain order during civil disturbances.
vi. Circumstances wherein distraction of violent and/or emotionally disturbed persons and/or those under the
influence of alcohol/drugs is believed necessary to facilitate apprehension/custody.
vii. Situations wherein the Incident Commander or on-scene Supervisor deems their use necessary to safely resolve the incident.
viii. During training exercises.
d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years.
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST-certified instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 415. It is the policy of the IPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
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6. Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
a. Description, quantity, capabilities, and purchase cost i. AMERICAN DEFENSE MANUFACTURING AR-15, 5.56 CALIBER
RIFLE, MODEL UIC MOD1, cost: $1,200, quantity: 53. Built on a billet aluminum, fully ambidextrous upper and lower receiver set, the ADM UIC MOD 1 is the Law Enforcement
Duty Carbine of the UIC line. Barrel lengths vary and include
11.5”, 14.5”, and 16” barrels. This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
ii. COLT M-4, .223 CALIBER RIFLE, MODEL LE6946CQB, cost:
$1,400, quantity: 12. The LE6946CQB displays fresh
ingenuity with a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail which provides modularity for under mounting accessories.
The patented one-piece monolithic upper receiver
incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for long-range acquisition
capability. This select-fire rifle is issued to SWAT operators assigned to the Desert Regional SWAT Team.
iii. BUSHMASTER M-4, .223 CALIBER RIFLE, MODEL XM15-E25, cost: $1,100, quantity: 11. One of Bushmaster’s most
popular rifles, the Patrolman’s Carbine is equipped with a 16” M4 Barrel, with a chrome-lined bore and chamber. The A2 birdcage-type flash hider was built to control muzzle flash, and the six-position telestock allows for quick and lightweight handling. This model also includes an A3 removable carry
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adjustments. This is the standard AR-15 style rifle issued to officers and utilized by law enforcement agencies nationwide. iv. LWRC INTERNATIONAL MK12- 5.56mm cost: $2,500,
quantity: 1. The Mk12 is equipped with an 18" Barrel, This firearm is gas-operated with a rotating bolt, along with a Surefire muzzle brake. It is equipped with a LaRue/Harris bipod (Quick-detach) & Surefire MINI suppressor and
Geissele trigger. The rifle has a Magpul stock with a medium- range mission-specific optic. This rifle is primarily used in an overwatch capacity or during a SWAT callout to protect the community during large events. (City Parades, Music
Festivals, SWAT. deployments).
v. REMINGTON .308 CALIBER RIFLE, MODEL 700, cost: $3,500, quantity 2. The Model 700 is a highly maneuverable member of the family. It's built for tack-driving accuracy with a 26" heavy-contour tactical-style barrel. It includes a bolt carrier group that reduces overall recoil and impulse and is easy to maintain and operate in all weather conditions. The rifle is equipped with a LaRue/Harris bipod, surplus sling, and a Leopold long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments.
vi. ACCURACY INTERNATIONAL .308 CALIBER RIFLE, cost
$7,000, quantity 1. 28” barrel. The AI .308 caliber rifle is a precision sniper rifle. It is a highly accurate and durable rifle that is easy to maintain and operate in all weather conditions.
The AI features a Bolt-Connection System that dramatically increases the connection surface area between the barrel and upper receiver for increased stability, accuracy and
consistency, traditionally only found in high-end bolt action rifles. The rifle is equipped with a LaRue/Harris bipod, sling, and long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. NOTE: This rifle is owned by the Palm Springs Police Department. However, it is currently being utilized by an Indio Police officer assigned to Desert Regional SWAT.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
American Defense Manufacturing rifles- 15 years.
Colt M-4 rifles- 10 years.
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LWRC International rifles- 10 years.
Remington 700 rifles- 10 years.
Accuracy International rifle- 10 years.
e. Fiscal Impact
Annual maintenance is approximately $50 for each rifle. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification annually. Additional qualifications are in place for those assigned to Desert Regional SWAT.
g. Legal and Procedural Rules
Use is established under IPD Policy Sections 300, 312 and 409. It is the policy of the IPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER
GRENADE , PYRO, LOW FLAME POTENTIAL, #5230B, cost:
$45, quantity: 18. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke
throughout multiple rooms with minimal risk of fire. The Baffled Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and
Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Baffled Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or
incapacitation of potentially violent or dangerous subjects.
The Baffled Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the
chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure. ii. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230,
cost: $34, quantity: 12. Large diameter burning grenade that discharges a high volume of smoke and chemical agent
through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazards. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds. iii. COMBINED TACTICAL SYSTEMS, WHITE SMOKE, #6210,
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 128 of 252 cost: $32, quantity: 24. White outdoor smoke grenades are used for obscuring tactical movement and signaling or
marking a landing zone.
iv. COMBINED SYSTEMS, 40MM CS POWDER BARRICADE
PENETRATING ROUND, #4431, cost: $25, quantity: 24.
This round is a spin-stabilized, 4.1” long, CS powder-filled projectile that penetrates intermediate barriers and delivers irritant agents into an adjacent room. Effectiveness is dependent upon the type of weapon, angle of impact,
environmental conditions, and the type of the intermediate barrier. The greatest probability for penetration occurs when the projectile impacts 90° perpendicular to the intermediate barrier. General usage in tactical situations involves
intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors. In a tactical deployment situation, the 40mm barricade penetrating
round 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.
v. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS
DISCHARGE GRENADE, CS, #1082, cost: $29, quantity: 31.
The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20- 40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical
movement or to direct the route of a crowd. The volume of smoke and agent is vast and obtrusive. This launchable
grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
vi. DEFENSE TECHNOLOGY, MILITARY STYLE SAF-SMOKE
GRENADE, # 1063, cost $26, quantity: 8. The Saf-Smoke™
Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offers the same
approximate burn times as the Spede-Heat™ Grenade in
CN or CS and the Riot Control Grenade in CN or CS. The
similar burn times may make it the appropriate choice for training or simulation deployment of chemical agent
canisters. The Saf-Smoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-
Smoke Grenade emits a very white smoke. NOTE: The
current inventory of this item is expired and is being
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vii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - SAF- SMOKE, #1017, cost $28, quantity: 8. The Pocket Tactical Saf-Smoke™ Grenade is small and lightweight. TheSaf-
Smoke™ will burn for approximat ely 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is
normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
viii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - CS, #1016, cost:
$24, quantity: 6. The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn
approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a
signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
ix. DEFENSE TECHNOLOGY, 37MM FERRET - CS, #1162, cost:
$38, quantity: 12. The Ferret® 37 mm CS Round is a
frangible projectile filled with chemical agent. Upon
impacting the barrier, the nose cone ruptures and
instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travels at 650fps within an effective range of 50 yards. NOTE: The current inventory of this item is expired and is being
retained in a secure location for training use only.
x. SABRE RED, PHANTOM AEROSOL GRENADE - OC, #AG-
PTM-40 (MK-5), cost: $13, quantity: 17. The SABRE Red
1.33% MC, 3.6 oz., MK-5 PHANTOM Evaporating Fog
Delivery Aerosol Grenade empties in fourteen (14) seconds filling an area of 22,000 cubic feet in 60 seconds.
PHANTOM’s evaporating fog delivery is more debilitating (inhalation effect) and simpler to clean up (fresh air) than traditional fog delivery systems, making PHANTOM the
ideal extraction tool.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 130 of 252 i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents or have been trained by a POST-
Certified instructor are authorized to use chemical agents. d. Expected Lifespan
All of the above-listed distraction devices are single-use and expire after five years.
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply.
f. Training
Sworn members utilizing chemical agent canisters are certified by POST less-lethal and chemical agents instructors. Desert Regional SWAT members conduct annual training for SWAT operators. g. Legal and Procedural Rules
Use is established under IPD Policy Section 308. It is the policy of the IPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach.
a. Description, quantity, capabilities, and purchase cost i. ROYAL ARMS REMINGTON 870 BREACHING SHOTGUN,
cost: $795, quantity: 2. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to
destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 131 of 252 placement of the gun into the correct position and vents gases to prevent overpressure. This weapon, which is only utilized for breaching, can also defeat windows and sliding glass doors with a flashbang round.
ii. ROYAL ARMS TESAR-2 BLACK CAP 425 GRAIN COPPER
FRANGIBLE BREACHING ROUND, cost: $5 per round,
quantity: 16. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
iii. ROYAL ARMS TESCR-3 GREEN CAP 375 GRAIN CLAYVON
FRANGIBLE BREACHING ROUND, cost: $5 per round,
quantity: 5. The round is fired from a breaching shotgun and is used to destroy all locks, cross-bolts and hinges. iv. ROYAL ARMS FB-82H 12-GAUGE 82 GRAIN FLASH BANG
HARD BREACHING ROUND, cost: $5 per round, quantity:
5. The rounds are fired from a breaching shotgun and can be used as a diversionary round or to can be used to
breach solid wood doors, light steel, sliders or car
windows.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises.
d. Expected Lifespan
Breaching
Shotgun- 25
years
Royal Arms TESAR-2 black cap 425 grain copper breaching round- 5 years
Royal Arms TESR-3 green cap 375 grain clayvon frangible breaching round- 5 years Royal Arms FB-82H 12-gauge 82
grain flash-bang hard breaching round- 5 years
e. Fiscal Impact
Annual maintenance is minimal. However, replacement costs to maintain an adequate supply.
f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
It is the policy of the IPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
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9. Unmanned Aerial System (UAS) / Drones: An unmanned aircraft system of any type that can sustain direct flight, whether remotely controlled or via pre-programming, and all the attached systems designed for gathering information via photography, recording, or any other means.
a. Description, quantity, capabilities, and purchase cost i. Axon Air DJI Mavic 3 Thermal SP Plus UAS, cost: $6,522.83, quantity: 1
ii. Axon Air DJI Mavic 3 Enterprise SP Plus UAS, cost:
$8,608.65, quantity: 2
iii. Axon Air DJI Mavic Mini 2 UAS, cost: $1,409.40, quantity: 2 b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
i. Conduct aerial searches for Missing Persons.
ii. Collection of evidence in the form of aerial photography / video in support of an investigation (i.e., traffic scenes, shooting scenes, homicide scenes).
iii. Provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious cr iminal offenses or individual threatening violent behavior before potentially dangerous face- to-face contact is required.
iv. Unmanned robotics have numerou s applications and are used instead of personnel in high-ris k environments to increase safety for law enforcement.
v. Gain visual/audio data, deliver crisis negotiation phone, open doors, and remotely clear buildings and structures.
vi. Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms).
vii. Community events for engagement and developing public trust.
d. Expected Lifespan
3-5 years.
e. Fiscal Impact
Annual software, programming, and maintenance is approximately $9,757.32.
f. Training
All department UAS operators are licensed by the Federal Aviation Administration for UAS operation after the completion of an 80-hour training course. In addition, department UAS operators conduct routine monthly training.
g. Legal and Procedural Rules
The use of this equipment shall comply with the authorizations and prohibitions set forth in IPD Policy 614 Unmanned Aerial Systems UAS Operations and FAA Regulation 14 CFR Part 107 Small
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Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 134 of 252 ORDINANCE NO. 1776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (" AB 481 "), adding sections 7070 et seq. to the Government Code, relating to the use of military equipment as defined by Government Code section 7070(c) by law enforcements agencies; and
WHEREAS, AB 481 requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a " military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body at a public meeting and at least 30 days prior to any such public meeting, the law enforcement agency shall make the military equipment use policy available on the law enforcement agency' s internet website; and
WHEREAS, the Indio Police Department currently possesses equipment that qualifies under the definition of military equipment pursuant to Government Code section 7070( c), and wishes to continue to use such equipment in a responsible manner that continues to ensure the safety of the community and its residents; and WHEREAS, the adoption of the proposed military equipment use policy is necessary in order to continue use of such equipment for the purpose of protecting the safety of officers and civilians in the City of Indio; and WHEREAS, in accordance with Government Code Section 7071( a)( 2), a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, must commence the governing body approval process for the military equipment use policy no later than May 1, 2022; and WHEREAS, in accordance with Government Code Section 7071, the Indio Police Department has commenced the governing body approval process and has posted a copy of the proposed military equipment use policy on the Indio Police Department' s website on March 15, 2022. Said posting is more than 30 days prior to the April 20, 2022 City Council meeting; and
WHEREAS, Ordinance No. 1776 and the proposed military equipment use policy were presented and introduced to the City Council at the public meeting held on April 20, 2022, which is prior to May 1, 2022, at which time the public had the opportunity to comment on Ordinance No. 1776 and the proposed military equipment use policy;
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 135 of 252 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IND1O9
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.
eo1
Section 2. Findings. Pursuant to Government Code Section 7071, the City Council commenced the governing body approval process prior to May 1, 2022 and considered the adoption of this Ordinance at a regular, public meeting on April 20, 2022, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:
A. The military equipment identified in Indio Police Department Policy 708 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
B. The proposed military equipment use policy ( Indio Police Department Policy 708) will safeguard the public' s welfare, safety, civil rights, and civil liberties; and C. The military equipment identified in Indio Police Department Policy 708 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
D. Prior military equipment use complied with the corresponding policy that was in effect at the time.
Section 3. Pursuant to Government Code Section 7071, the City Council hereby adopts the military equipment use policy entitled Indio Policy Department Policy 708 as set forth in the attached Exhibit A and incorporated by this reference.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. 2
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 136 of 252 PASSED, APPROVED AND ADOPTED this 4th day of
ATTEST:
CYNTHIA HERNANDEZ, MC
CITY CLERK
a
WAYMONf
FERMON
MAYOR
3
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EXHIBIT A
MILITARY EQUIPMENT USE POLICY
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Indio PD Policy Manual
Military Equipment
708. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use, and reporting requirements of specified law enforcement equipment that has been designated as " military equipment" pursuant to Government Code Section 7170, whether such equipment is existing or is to be acquired in the future. In addition, this policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 ( Government Code Sections 7070 through 7075).
These obligations include, but are not limited to, seeking approval on specified military equipment and requirements related to compliance, annual reporting, cataloging and complaints regarding these items. ( See, Government Code §§ 7070, 7071, 7072, 7074 and 7075). 708. 1. 1 POLICY
Members of the Department shall comply with the provisions of this Policy with respect to the use of the Department' s military equipment as described herein. 708. 2 DEFINITIONS
Definitions related to this policy include:
1. Chief of Police - The Chief of Police shall mean the City of Indio Chief of Police and his designee.
2. Department - Department shall mean the Indio Police Department.
3. Governing Body — The Governing Body shall mean the Indio City Council who is the elected body that oversees the Indio Police Department.
4. Military Equipment — Military Equipment shall mean the equipment defined in Government Code Section 7070( c)( 1) through ( c)( 16) to include:
a. Unmanned, remotely piloted, powered aerial or ground vehicles. b. Mine -resistant ambush - protected ( MRAP) vehicles or armored personnel carriers. c. 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. d. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
e. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
f. Weaponized aircraft, vessels or vehicles of any kind.
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g. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
In. Firearms of. 50 caliber or greater, excluding standard issue shotguns. i. Ammunition of.50 caliber or greater, excluding standard issue shotgun ammunition. j. Specialized firearms and ammunition of less than. 50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the California Penal Code, excluding standard issue service weapons and ammunition of less than. 50 caliber. k. Any firearm or firearm accessory that is designed to launch explosive projectiles.
I. Flashbang grenades and explosive breaching tools, tear gas and pepper balls, excluding standard issued handheld pepper spray.
m. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device.
In. 40mm projectile launchers, bean bag, rubber bullet, and specialty impact munition weapons. o. Any other equipment as determined by a governing body to require additional oversight.
Military equipment does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
See attachment: Addendum A - Military equipment policy Final PDF 031122. pdf 708. 3 APPROVAL OF POLICY BY GOVERNING BODY
1. The Chief of Police shall obtain approval from the governing body, by way of ordinance, the adoption of the Military Equipment Policy prior to engaging in any of the following activities:
a. Requesting military equipment be 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. 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 general order. 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.
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Military Equipment
2. In seeking the approval of the Military Equipment Policy by the governing body, the Chief of Police shall submit a proposed Military Equipment Policy and or any subsequent amendments, to the City Council. The policy or any amendments shall also be made available to the public by posting those documents on the City of Indio Police Department internet website at least 30 days prior to any public hearing concerning the military equipment at issue. The Chief of Police shall submit the Military Equipment Policy annually to the governing body pursuant to procedures set forth in Government Code Section 7071.
708. 4 MILITARY EQUIPMENT USE CONSIDERATIONS
1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
708. 5 ANNUAL MILITARY EQUIPMENT REPORT
1. Withinone year of the approval of this MilitaryEquipmentPolicy, the Departmentshallsubmit a military equipment report to the Governing Body that addresses each type of approved military equipment, and annually thereafter for as long as the military equipment is available for use by the Department.
2. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use by the Department.
3. 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:
a. A summary of how the military equipment was used and the purpose of its use. eak' b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. 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.
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e. The quantity possessed for each type of military equipment. f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
4. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department 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 Department' s funding, acquisition, or use of military equipment.
708. 6 MILITARY EQUIPMENT INVENTORY INCLUDING EQUIPMENT TYPE AND USAGE
GUIDELINES
1. The Department' s inventory of qualifying Military Equipment is set forth in Attachment A and includes the various types, descriptions and guidelines for its usage in compliance with Government Code Section 7070( d) in addition to guidelines set forth in paragraph ( 2) below.
2. The Department' s inventory of military equipment is varied and the mere possession of the equipment does not warrant its use for every incident. The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide- ranging, it is not all- inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander, influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time, will be used.
It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. 708. 7 OVERSIGHT REGARDING DEPARTMENT COMPLIANCE
The Department SWAT TEAM Lieutenant ( designated military equipment coordinator) will ensure that all Department members comply with this policy and any individual Department policies as applicable. The Department SWAT TEAM Lieutenant will conduct an annual audit with the assistance of the Training Unit. The Chief of Police will be notified of any policy violations and, if needed, the violation( s) will be referred to the Professional Standards Unit and handled in accordance with the Department Personnel Complaints Policy. All instances of noncompliance will be reported to City Council via the annual military equipment report.
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Military Equipment
708. 8 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES
1. Any memberofthe publiccanregistera questionorconcernregardingmilitaryequipmentuseby contactingthe IndioPoliceDepartment's militaryequipmentcoordinatorvia https://www. indio. org/ your_govern ment/police/. A response to the question or concern shall be completed by the Department in a timely manner.
2. Any member of the public can submit a complaint regarding military equipment use to any member of the Department and in any form ( i.e. in person, telephone, email, etc.). Once the complaint is received, it will be routed to the military equipment coordinator in accordance with our Personnel Complaints policy. A response to the question or concern shall be completed by the military equipment coordinator within 20 business days absent any extraordinary circumstances.
708. 9 FUNDING
1. The Department shall seek council approval for military equipment, including, but not limited to, applyingfor a grant, solicitingor acceptingprivate, local, state, or federalfunds, in -kinddonations, or other donations or transfers.
2. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. In such cases, the Department shall obtain council approval as soon as practicable.
708. 10 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of the Indio Police 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 (Indio City Council) for matters related to the requirements of this policy.
b. Identifying Indio Police Department equipment that qualifies as military equipment in the current possession of the Indio Police Department or IPD Desert Regional SWAT Team, or the equipment the Indio Police Department intends to acquire that requires approval by the Indio 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 Indio Police Department ( Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement Copyright Lexipol, LLC 2022103/ 15. All Rights Reserved. *** DRAFT*** Military Equipment - 5 Published with permission by Indio Police Department
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Military Equipment
meeting to include: ( 1) Publicizing the details of the meeting; ( ii) 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 Indio Police 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 Indio Police Department will respond in a timely manner.
708. 11 COORDINATION WITH OTHER JURISDICTIONS
Through the Association of Riverside County Chiefs of Police and Sheriffs ( ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military Equipment policy related to any enforcement action throughout Riverside County.
Military equipment used by any member of this Department shall be approved for use and in accordance with this Military Equipment Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. The Riverside Sheriffs Department frequently operates in the city of Indio in various capacities.
708. 12 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department military equipment coordinator shall discuss the report and respond to public questions regarding the annual report and the Department' s funding, acquisition, or use of military equipment.
708. 13 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the Department' s needs. 621
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Attachments
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Addendum A - Military equipment
policy Final PDF 031122. pdf
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A. MILITARY USE EQUIPMENT
1. Robots: A remotely -controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. ( Desert Regional SWAT Asset) a. Description, quantity, capabilities, and purchase cost i. ICOR Technology Mini -CALIBER Robot, cost: $40,000, quantity: 1. Lightweight, modular and one-man portable, the Mini -CALIBER SWAT and EOD Robot is tested and recommended by the National Tactical Officers Association ( NTOA). Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini -CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles. b. Purpose
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, clear buildings and deliver chemical munitions.
c. Authorized Use
Operators who have completed the required training shall be permitted to operate the robots.
d. Expected Lifespan 8-10 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $ 600 ( Batteries replaced at 3-4 years).
f. Training
All robot operators receive training annually during SWAT training days. g. Legal and Procedural Rules
It is the policy of the IPD to utilize a robot only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for lawenforcement purposes. ( Desert Regional SWAT Asset. Both armored vehicles are owned and maintained by the Palm Springs Police Department).
a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, cost: $ 300,000, quantity: 1. The Lenco BearCat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for the rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. ii. LENCO BEAR, cost: $ 600, 000, quantity: 1. The Lenco BEAR, is an armored vehicle that seats 16-18 personnel with an open floor plan that allows for the rescue of downed personnel. The Bear has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The Lenco BEAR features a heavy-duty hydraulic RAM mounted to the front of the vehicle. The removable RAM raises and lowers with interior controls and is capable of breaching doors, concrete barriers, and moving other large items. The RAM is a multi -purpose tool, which can also be equipped with a 360- degree camera system and a delivery system for non- lethal munitions.
b. Purpose
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To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan
Lenco BearCat and BEAR, 25 years.
e. Fiscal Impact
None. Maintenance is handled through the City of Palm Springs. f. Trainin
All drivers/ operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction. BEAR drivers are required to obtain a Class B driver' s license prior to use.
g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes and pursuant to State and Federal law.
3. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less - lethal tool to launch impact rounds.
a. Description, Quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, # 1425, cost: $ 1000, quantity: 26. The 40MM Single Launcher is a tactical single -shot launcher that features an expandable ROGERS Super StocTm and an adjustable Integrated Front Grip ( IFG) with light rail. It will fire standard 40mm less -lethal ammunition, up to 4.8 inches in cartridge length.
ii. PENN ARMS, 40MM PUMP MULTI - LAUNCHER, # P540- 1, cost: $ 3,000, quantity: 4.
Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061- T6 mil -spec anodized aluminum and DuPont super tough glass -filled nylon. These launchers are lightweight, versatile and used worldwide by police and corrections officers. It will fire standard 40mm less -lethal ammunition, up to 4. 8 inches in cartridge length.
iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, # 6325, cost: $ 29, quantity: 98. The eXact IMpact 40mm Sponge Round is a point -of -aim, point -of - impact direct -fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin -stabilized via the incorporated rifling collar and the 40mm launcher' s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, has velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.
iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, # 6320, cost: $ 30, quantity:
80. 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. NOTE: The current 40mm OC munitions inventory is expired and is
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being retained in a secure location for training use only. v. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING, # 6326, cost: $ 30, quantity: 26. 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 a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground. NOTE: The current 40mm marking munitions inventory is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT INERT, # 6323, cost: $ 30, quantity: 3. 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. The black -nosed inert munition is a great option for training. NOTE: The current 40mm inert munitions inventory is expired and is being retained in a secure location for training use only.
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 systems may include, but are not limited to:
i. Self- destructive, dangerous and/ or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Defense Technology # 1425 40mm Single Launcher- 20 years.
Penn Arms # P540-1 40mm Multi -Launcher- 25 years.
Defense Technology # 6325 Exact Impact Sponge- 5 years.
Defense Technology # 6320 Direct Impact OC- 5 years.
Defense Technology # 6326 Direct Impact Marking- 5 years.
Defense Technology # 6323 Direct Impact Inert- 5 years. e. Fiscal Impact
Annual maintenance is approximately $ 50 for each launcher. Munitions need to be replaced at end of life (5-years) or as needed upon use.
f. Training
Sworn members utilizing 40MM less -lethal chemical agents or impact rounds are trained in their use by POST -certified less lethal and chemical agent instructors. g. Legal and Procedural Rules
Use is established under IPD Policy Section 308.6 and 308.9. It is the policy of the IPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
4. Combined Systems LC5 40MM Launching Cup: Cup that attaches to 12 gauge less -lethal shotguns which allow officers to launch canisters of chemical agents or smoke. a. Description, Quantity, capabilities, and purchase cost COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $ 315, quantity: 2. The
Receive and File the 2024 Indio Police Department Annual Military Equipm... Page 149 of 252 LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition is launched with the Combined Systems model 2600 launching cartridge.
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 systems may include, but are not limited to:
i. Self- destructive, dangerous and/ or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Expected Lifespan
Combined Systems LC5 40MM Launching Cup- 25 years
e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Traininq
Officers utilizing the launching cups are trained by POST -certified chemical agent instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308.. 6. It is the policy of the IPD to utilize the 40mm launching cups to deliver chemical agents and/ or smoke only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
5. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH - BANG, cost: $ 42, quantity:
9. The CTS 7290M Mini Flash - Bang is the newest generation in the evolution of the Flash -Bang. The Flash -Bang exhibits all of the same attributes as its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6- 8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. ii. COMBINED TACTICAL SYSTEMS, 7290- 3 FLASH - BANG cost $ 109, quantity: 1. A non -bursting, non -fragmenting multi -bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. iii. COMBINED TACTICAL SYSTEMS, 7290- 6 FLASH - BANG, cost $ 135, quantity: 1. A non -bursting, non -fragmenting multi -bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. iv. COMBINED TACTICAL SYSTEMS, 7290- 9 FLASH - BANG, cost $ 146, quantity: 1. A
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non -bursting, non -fragmentingmulti -bangdevicethat producesa thunderousbang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. b. Purpose
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/ psychological sensory deprivation to give officers a tactical advantage.
Can also be used as an option when confronted by vicious animals. c. Authorized Use
Diversionary Devices shall only be used:
i. By officers who have been trained in their proper use. ii. During barricaded subject and/or hostage situations. iii. During high -risk warrant services.
iv. When discouraging dangerous animals from attacking
v. During riotous situations or to restore or maintain order during civil disturbances. vi. Circumstances wherein distraction of violent and/ or emotionally disturbed persons and/ or those under the influence of alcohol/ drugs is believed necessary to facilitate apprehension/ custody.
vii. Situations wherein the Incident Commander or on - scene Supervisor deems their use necessary to safely resolve the incident.
viii. During training exercises.
d. Expected Lifespan
All of the above -listed distraction devices are single -use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Trainin
Prior to use, officers must attend divisionary device training that is conducted by POST - certified instructors.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 415. It is the policy of the IPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
6. Rifles: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost i. AMERICAN DEFENSE MANUFACTURING AR- 15, 5. 56 CALIBER RIFLE, MODEL UIC MOD1, cost: $ 1,200, quantity: 53. Built on a billet aluminum, fully ambidextrous upper and lower receiver set, the ADM UIC MOD 1 is the Law Enforcement Duty Carbine of the UIC line. Barrel lengths vary and include 11. 5", 14. 5", and 16" barrels.
This is the standard AR- 15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
ii. COLT M- 4, . 223 CALIBER RIFLE, MODEL LE6946CQB, cost: $ 1,400, quantity: 12.
The LE6946CQB displays fresh ingenuity with a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail which provides
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modularity for under mounting accessories. The patented one-piece monolithic upper receiver incorporates a continuous Mil -Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for long- range acquisition capability. This select - fire rifle is issued to SWAT operators assigned to the Desert Regional SWAT Team.
iii. BUSHMASTER M- 4, . 223 CALIBER RIFLE, MODEL XM15- E25, cost: $ 1, 100, quantity: 11. One of Bushmaster' s most popular rifles, the Patrolman' s Carbine is equipped with a 16" M4 Barrel, with a chrome - lined bore and chamber. The A2 birdcage -type flash hider was built to control muzzle flash, and the six -position telestock allows for quick and lightweight handling. This model also includes an A3 removable carry handle with 1 /2 MOA elevation and 1 /2 MOA windage adjustments.
This is the standard AR- 15 style rifle issued to officers and utilized by law enforcement agencies nationwide.
iv. LWRC INTERNATIONAL MK12- 5. 56mm cost: $ 2, 500, quantity: 1. The Mk12 is equipped with an 18" Barrel, This firearm is gas -operated with a rotating bolt, along with a Surefire muzzle brake. It is equipped with a LaRue/ Harris bipod ( Quick - detach) Surefire MINI suppressor and Geissele trigger. The rifle has a Magpul stock with a medium - range mission - specific optic. This rifle is primarily used in an overwatch capacity or during a SWAT callout to protect the community during large events. ( City Parades, Music Festivals, SWAT. deployments).
v. REMINGTON . 308 CALIBER RIFLE, MODEL 700, cost: $ 3,500, quantity 2. The Model 700 is a highly maneuverable member of the family. It's built for tack -driving accuracy with a 26" heavy -contour tactical -style barrel. It includes a bolt carrier group that reduces overall recoil and impulse and is easy to maintain and operate in all weather conditions. The rifle is equipped with a LaRue/ Harris bipod, surplus sling, and a Leopold long-range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. vi. ACCURACY INTERNATIONAL . 308 CALIBER RIFLE, cost $ 7,000, quantity 1. 28" barrel. The Al . 308 caliber rifle is a precision sniper rifle. It is a highly accurate and durable rifle that is easy to maintain and operate in all weather conditions. The Al features a Bolt -Connection System that dramatically increases the connection surface area between the barrel and upper receiver for increased stability, accuracy and consistency, traditionally only found in high -end bolt action rifles. The rifle is equipped with a LaRue/ Harris bipod, sling, and long- range scope. This rifle is primarily used in an overwatch capacity to protect the community during large events and during SWAT deployments. NOTE: This rifle is owned by the Palm Springs Police Department.
However, it is currently being utilized by an Indio Police officer assigned to Desert Regional SWAT.
b. Purpose
To be used as precision weapons to address a threat with more precision and/ or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. LifesQan
American Defense Manufacturing rifles- 15 years.
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Colt M-4 rifles- 10 years.
Bushmaster rifles- 15 years.
LWRC International rifles- 10 years.
Remington 700 rifles- 10 years.
Accuracy International rifle- 10 years.
e. Fiscal Impact
Annual maintenance is approximately $ 50 for each rifle. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.
Additionally, all members that operate any rifle are required to pass a range qualification annually. Additional qualifications are in place for those assigned to Desert Regional SWAT. g. Legal and Procedural Rules
Use is established under IPD Policy Sections 300, 312 and 409. It is the policy of the IPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, Quantity, capabilities, and purchase cost i. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER GRENADE, PYRO, LOW FLAME POTENTIAL, # 5230B, cost: $ 45, quantity: 18. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. The Baffled Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Baffled Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Baffled Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure. ii. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, # 5230, cost: $ 34, quantity:
12. Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazards. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.
iii. COMBINED TACTICAL SYSTEMS, WHITE SMOKE, # 6210, cost: $ 32, quantity: 24.
White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.
iv. COMBINED SYSTEMS, 40MM CS POWDER BARRICADE PENETRATING ROUND, # 4431, cost: $ 25, quantity: 24. This round is a spin -stabilized, 4. 1" long, CS powder -filled projectile that penetrates intermediate barriers and delivers irritant agents into an adjacent room. Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier.
The greatest probability for penetration occurs when the projectile impacts 90°
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perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors. In a tactical deployment situation, the 40mm barricade penetrating round 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. v. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, # 1082, cost: $ 29, quantity: 31. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through fourgas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to direct the route of a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2. 35 in. and holds approximately 2.7 oz. of active agent. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only. vi. DEFENSE TECHNOLOGY, MILITARY STYLE SAF- SMOKE GRENADE, # 1063, cost $ 26, quantity: 8. The Saf-Smoke'*mGrenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offers the same approximate burn times as the Spede- Heat" m Grenade in CN or CS and the Riot Control Grenade in CN or CS. The similar burn times may make it the appropriate choice for training or simulation deployment of chemical agent canisters. The Saf- Smoke formulation is considered to be less toxic than Hexachloroethane ( HC) smoke. The Saf- Smoke Grenade emits a very white smoke. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
vii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - SAF- SMOKE, # 1017, cost $ 28, quantity: 8. The Pocket Tactical Saf-SmokeTmGrenade is small and lightweight. TheSaf- SmokeTMwill burn for approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
viii. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE - CS, # 1016, cost:
24, quantity: 6. The Pocket Tactical CS Grenade is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full- size tactical grenade. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
ix. DEFENSE TECHNOLOGY, 37MM FERRET - CS, # 1162, cost: $ 38, quantity: 12.
The Ferret® 37 mm CS Round is a frangible projectile filled with chemical agent.
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Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the 16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travels at 650fps within an effective range of 50 yards. NOTE: The current inventory of this item is expired and is being retained in a secure location for training use only.
Pam x. SABRE RED, PHANTOM AEROSOL GRENADE - OC, # AG- PTM- 40 ( MK- 5), cost:
13, quantity: 17. The SABRE Red 1.33% MC, 3. 6 oz., MK- 5 PHANTOM Evaporating Fog Delivery Aerosol Grenade empties in fourteen ( 14) seconds filling an area of 22, 000 cubic feet in 60 seconds. PHANTOM' s evaporating fog delivery is more debilitating ( inhalation effect) and simpler to clean up (fresh air) than traditional fog delivery systems, making PHANTOM the ideal extraction tool. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less -lethal weapon systems may include, but are not limited to:
i. Self- destructive, dangerous and/ or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents or have been trained by a POST -Certified instructor are authorized to use chemical agents.
d. Expected Lifespan
All of the above - listed distraction devices are single - use and expire after five years. e. Fiscal Impact
No annual maintenance. However, replacement costs to maintain an adequate supply. f. Training
Sworn members utilizing chemical agent canisters are certified by POST less -lethal and chemical agents instructors. Desert Regional SWAT members conduct annual training for SWAT operators.
g. Legal and Procedural Rules
Use is established under IPD Policy Section 308. It is the policy of the IPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, Quantity, capabilities, and purchase cost i. ROYAL ARMS REMINGTON 870 BREACHING SHOTGUN, cost: $ 795, quantity:
2. This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon, which is only utilized for breaching, can also defeat windows and sliding glass doors with a flashbang round.
ii. ROYAL ARMS TESAR- 2 BLACK CAP 425 GRAIN COPPER FRANGIBLE
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BREACHING ROUND, cost: $ 5 per round, quantity: 16. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. iii. ROYAL ARMS TESCR- 3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, cost: $ 5 per round, quantity: 5. The round is fired from a breaching shotgun and is used to destroy all locks, cross -bolts and hinges. iv. ROYAL ARMS FB- 82H 12- GAUGE 82 GRAIN FLASH BANG HARD BREACHING ROUND, cost: $ 5 per round, quantity: 5. The rounds are fired from a breaching shotgun and can be used as a diversionary round or to can be used to breach solid wood doors, light steel, sliders or car windows.
b. Purpose
To safely gain entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises.
d. Expected Lifespan
Breaching Shotgun- 25 years
Royal Arms TESAR- 2 black cap 425 grain copper breaching round- 5 years Royal Arms TESR-3 green cap 375 grain clayvon frangible breaching round- 5 years Royal Arms FB-82H 12-gauge 82 grain flash -bang hard breaching round- 5 years e. Fiscal Impact
Annual maintenance is minimal. However, replacement costs to maintain an adequate supply. f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. g. Legal and Procedural Rules
It is the policy of the IPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
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CERTIFICATION
I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, hereby certify that Ordinance No. 1776 was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 4th day of May 2022 by the following vote, to wit:
Ayes: Holmes, Miller, Ramos Amith, Mayor Pro Tern Ortiz and Mayor Fermon Noes: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 4th day of May 2022.
SABDISANCHEZ, CIVIC
City Clerk Administrator
City of Indio
1
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City Council
October 15, 2025
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Draft Sustainability Plan and Work Plan 2025
RECOMMENDATION:
Staff recommends that the City Council approve the draft Sustainability Plan and Work Plan 2025
SUMMARY:
In 2020, the City Council formally charged the Sustainability Commission with developing a Sustainability through sustainability promotes and water current unifies that Plan initiatives conservation, renewable energy, waste reduction, climate action, and public education. The draft 2025 Sustainability Plan and Work Plan includes new sections on Local Risks and two additional focus areas: Outreach and Resiliency & Mitigation. Each chapter includes objectives, project ideas, achievements, and work plan elements. The Plan also highlights efforts that facilitate sustainability and includes an emphasis on community education reflecting the Commission’s commitment to engagement.
BACKGROUND INFORMATION:
The City of Indio’s Sustainability Commission was established in 2014 and held the first meeting in January 2015. In 2020, the City Council adopted Ordinance No. 1750, which formally outlined the duties of the Commission under §32.11 of the Indio Municipal Code. Among these responsibilities is the development and recommendation of a Sustainability Plan for adoption by the City Council. This Plan is intended to unify the City’s existing sustainability efforts, establish goals, and provide a long- term vision for promoting sustainability through water conservation, renewable resource use, climate action strategies, waste diversion, and community education.
The proposed 2025 Sustainability Plan and Work Plan features a newly expanded “Local Risks” section that integrates data and findings from the City’s 2024 Local Hazard Mitigation Plan.
Additionally, the Plan introduces a broader framework with two new focus areas: Outreach and Resiliency & Mitigation. Each chapter of the Plan outlines specific objectives, potential projects, work efforts sustainability incorporate to meant and It accomplishments. elements, plan is throughout the entire organization and highlights current initiatives that facilitate sustainability such as the Shop Local Program, Indio Lindo Beautification, and water conservation.
The Work Plan is meant to cover multiple years and includes ongoing and new projects. A central emphasis of the Plan is on community education and communication, reflecting the Sustainability Commission’s continued commitment to public engagement and awareness. Through this Plan, the AGENDA ITEM #11.1
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 158 of 252 commission aims to support the City’s leadership in sustainability and foster a more resilient and informed community.
ATTACHMENTS:
Attachment 1-Draft Sustainability Plan and Work Plan 2025
APPROVAL(S):
Bryan H. Montgomery, City Manager Approved - 11 Aug 2025 Ruby D. Walla, Director of Finance Approved - 11 Aug 2025 Steven Graham Pacifico, City Attorney Approved - 12 Aug 2025
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 159 of 252
Sustainability Commission
Sustainability Plan and Work Plan
2025
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 160 of 252 1 About the Sustainability Commission
The City Council created the Sustainability C ommission in 2014, and the C ommission held the first meeting on February 23, 2015. Shortly after , the Commission created the following mission statement:
The Indio Sustainability Commission is dedicated to contributing to a clean and healthy environment, preserving cultural and historic resources , promoting community engagement and creating a thriving economy.
In 2020, The City Council approved Ordinance 1750 which included § 32.12 Sustainability Commission Establishment and Duties that specifically tasked the commission to develop and recommend for adoption by the City Council a Sustainability Plan. The Commissioners understood that sustainability is a vast and complex target, and that learning from experts is an important part of building sustainability programs and plans.
With that understanding there have been many distinguished speakers from different organizations throughout the course of the Commission meetings including the Coachella Valley Association of Governments, Electrify America, Global Green, students from Indio High School, SoCalGas, GRID Alternatives and CalRecycle.
The C ommission actively considers projects, grants, partnerships and policy recommendations that advance sustainability goals.
Commissioners
Chair David Getka
Vice Chair Anetha Lue
Commissioner Celina Jimenez
Commissioner Sandra Verdugo
Commissioner Pete Chryss
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 161 of 252 2 Community and Sustainable Cities
This plan update underscores the commission’s commitment to communication as a fundamental principle of sustainability. Sustainability commissioners recognize that education and outreach are essential for strengthening the partnership between municipal programs and residents. Clear guidance, accessible resources, and effective education ensure that residents are aware of available programs and can fully participate. At the same time, residents play a vital role in driving changes through recycling, conservi ng energy and water, reducing waste, and supporting green initiatives.
City governments are uniquely positioned to advance sustainability by directly influencing key areas such as green spaces, tree canopies, waste management, and water conservation. Through supportive policies and infrastructure, including water -saving incentives, the Shop Local initiative, and the Indio Lindo beautification program, the city makes sustainable choices more accessible and impactful.
Sustainability is driven by small, everyday choices—turning off lights, reducing single-use plastics, conserving water, or shopping locally. While these actions may seem minor on their own, their collective impact is powerful. When individuals make sustainable choices, they drive demand for greener products, influence policy changes, and inspire others to do the same. Over time, these efforts add up, reducing carbon footprints, improving air quality, and preserving natural resources.
Education is central to this collaboration and should be a two-way dialogue. City outreach should include opportunity for resident feedback used to refine sustainability programs, ensuring they remain effective and relevant. Resident feedback is essential in prioritizing sustainability efforts, ensuring that initiatives align with the real needs and concerns of the community. Engaging directly with residents allows for a deeper understanding of local environmental challenges and helps shape more effective, equitable solutions.
Commissioners have advised that this year, the Plan should include a stronger focus on resident input and to more fully integrate this into future work plans. Without structured mechanisms to incorporate community perspectives, sustainability efforts risk overlooking key priorities or missing opportunities for greater impact. Moving forward, it is crucial to create meaningful pathways for resident voices to guide decision- making, ensuring that sustainability initiatives truly serve those they aim to benefit.
Lasting change depends on collective action. By working together, the city and its residents can reduce carbon footprints, improve air quality, and build a healthier, more resilient environment.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 162 of 252 3 Process
The commission began the process of developing a Sustainability Plan by considering other plans that have been developed for the City including the General Pl an 2040, Climate Action Plan and Complete Streets. These plans have been through robust public engagement and contain multiple actions that affect sustainability in Indio either directly or indirectly. The first Sustainability Plan was approved by City Council on October 5, 2023.
This plan lists possible projects to move toward sustainability and these projects are a mix of actions taken from these previous city plans and ideas discussed in the commission. Where actions are taken directly from previous plans that have been adopted by the city, a reference to that plan is included using the following notations:
CAP Climate Action Plan
GPU General Plan 2040
CS Complete Streets
TCC Transformative Climate Communities Plan
LHMP Local Hazard Mitigation Plan
New regulations that mandate food waste diversion, renewable energy standards and water conservation goals were also considered. Although these measures are mandated, they advance the city toward sustainability and require strategy, time and investment.
Sustainability Plan
Regulations
Hazardous
Mitigation
Plan
General
Plan
Update
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 163 of 252 4 Partnerships and Collaborating Efforts
The Sustainability Commission recognizes that partnerships with other organizations working on similar initiatives enhances city efforts. This Plan is meant to compile sustainability efforts as well as provide goals and visions for a sustainable city.
Incorporating parallel efforts toward sustainability from outside entities is essential in understanding and incorporating new science and innovative solutions for sustainability .
The Commission follows and considers the work of many organizations including:
AB617 addresses air pollution impacts in environmental justice communities including the Eastern Coachella Valley (ECV). The ECV community produced the Community Emissions Reduction Plan in 2021.
Clean Cities Coachella Valley hosted by SunLine Transit Agency
C40 Cities provide information and showcase solutions that cities are implementing to limit climate change.
SB375 prompts California regions to work together to reduce greenhouse gas emissions from cars and light trucks.
Happy Earth Day
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 164 of 252 5 The Coachella Valley Association of Governments works with all member organizations on projects including traffic signal synchronization and street sweeping.
The Sustainability Commissioners have been active shaping the process, information and collaborative efforts that affect this Plan. Commissioner s are involved with other organizations such as the local AB617 Steering Committee, Valley Sanitary District , IID, other local cities and community-based organizations. They proactively take educational classes and tours and share information during meetings. In addition, the Commissioners continually work to suggest speakers and connect with other organizations that can inform this work plan and the projects
.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 165 of 252 6 Local Risks
Extreme Heat
Indio has been experiencing a progressive increase in the number of extreme heat days per year, with temperatures on those days often exceeding the local extreme heat threshold of 112.1°F. The heat, especially when combined with other aspects of Indio’s desert environment, pose significant risks to health, safety and infrastructure. The Local Hazard Mitigation Plan provides more in -depth information on extreme heat. “With temperatures soaring to sweltering levels for more than half of the year, Indio's residents must cope with the health risks posed by prolonged exposure to high heat. Furthermore, the limited precipitation throughout the year puts the city at risk of drought, potentially impacting water availability for essential needs. Additionally, the prevalence of high winds, particularly during certain months, poses a threat to the stability of structures and outdoor activities.” (Visyak, 202 3) Indio and surrounding areas comprise a unique urbanized desert area where increased heat is a critical local risk.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 166 of 252 7 Drought
Water resources are an important consideration, especially in a desert region. As climate change alters precipitation patterns, sustainable water becomes more and more critical.
This Plan includes a chapter on water resources however, more in depth water resource management can be found in the 2022 Indio Subbasin Water Management Plan Update and the 2018 Coachella Valley Integrated Regional Water Management and Stormwater Resource Plan. In Indio, water is a vital risk factor for sustainability.
Flood
Rain in the desert is always appreciated; however, local flood risks are a reality that requires consideration. The City of Indio experiences flooding challenges due to specific problem areas within its urban environment. These issues stem from the complex interaction between roadways, flood control channels, and stormwater drains, which complicates the management of runoff during heavy rainfall . (Visyak, 2023 ) As climate change affects weather patterns, heavy rain fall and periods of drought become less predictable and arrive more frequently. Air Quality Indio is located within the South Coast Air Quality Management District (SCAQMD) which is the agency responsible for improving air quality in parts of Los Angeles, Orange, Riverside and San Bernardino counties. The U.S. Environmental Protection Agency sets national ambient air quality standards (NAAQS) for some air pollutants and air quality districts must meet the standards or execute an approved plan to meet the standards within specific time frames.
Air Quality
The Coachella Valley meets most NAAQS however, this area Valley is in extreme nonattainment for the 1997 8- hour O zone standard of 0.08 ppm despite significant improvements over the years. Gas and diesel powered vehicles emit nitrogen oxides (NOx) and volatile organic compounds (VOCs) that mix with heat and sunlight to produce Ozone. Reducing vehicle emissions is an effective way to lower Ozone pollution, however, t he primary source of the ozone pollution detected in the Coachella Valley emanates from the South Coast Air Basin and is blown into the Valley by prevailing winds. (South Coast AQMD, 2020)
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 167 of 252 8 Limitations of the Plan
Sustainability touches nearly every aspect of city operations and extends well beyond municipal boundaries. The United Nations Sustainable Development Goals (SDGs) outline 17 interconnected global objectives, including ending poverty, ensuring quality education, and achieving zero hunger and this reflects the broad scope of sustainability.
Throughout the development of this Plan, Commissioners have explored a wide range of issues, including the unequal impacts of climate change, affordable housing, and the wellbeing of both wild and domesticated animals. While these are critical components of sustainability, this Plan remains intentionally focused to align with the Commission’s scope and priorities. As such, it does not provide recommendations for every sustainability-related issue.
However, this narrower focus does not constrain the City’s broader sustainability efforts.
Many of the topics raised by the Commission are being addressed through the City’s General Plan Update and other planning efforts. All City departments share both the opportunity and responsibility to pursue initiatives that advance sustainability across the community.
United Nations. (n.d.). Sustainable Development Goals. Retrieved from United Nations:
https://www.un.org/sustainabledevelopment/news/communications-material/
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 168 of 252 9 Framework
The commission considered outlines and information from several other sustainability and climate actions plans including the Los Angeles Green New Deal, Palm S prings Sustainability Plan and the Michigan Climate Action Plan A2Zero.
After careful consideration, the commission agreed on an outline that is very close to the Indio Climate Action Plan with five primary goals that organize the Plan, however, many of the projects can achieve more than one goal. Through the years, the commission identified an increasing importance in outreach and resiliency, and these are added to the goals in this update. The seven goals are:
1. Clean Energy
2. Low Greenhouse Gas Environment
3. Zero Waste
4. Water Resources
5. Sustainable Environment, Land Use and Transportation
6. Outreach
7. Resiliency and Mitigation
For each main goal, the Plan includes a chapter with information about objectives and projects. Accomplishments that the city has already made toward those goals are also included. Sustainability cannot be achieved through city efforts alone and there are many Indio residents who are involved in sustainability efforts . To increase these efforts, the plan also includes information on what residents can do to support the seven goals.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 169 of 252 10 Goal 1: Clean Energy
Objectives:
Increase Local Renewable Energy Generation
Mandates:
SB100 California Clean Energy Bill sets goal of 100 percent renewable energy by 2045.
This mandate does not directly affect the city however, it does effectively decrease greenhouse gas emissions from the city.
Potential Projects
• Residential Solar (CAP) (TCC)
• Commercial Solar (CAP) (TCC)
• Update Community Greenhouse Gas Inventory
• Update the municipal Greenhouse Gas Inventory
• Increase solar energy use in city facilities
• Purchase Soofa Signs
• Purchase/Provide shade structures with solar panels at local schools • Support renewable natural gas
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 170 of 252 11 What residents can do:
Plant Shade Trees (LHMP)
Consider moving from gas appliances to electric appliances Conserve Water
Clean Energy Accomplishments
• Solar panels at City Hall, Teen Center, IWA Facilities • EV Arc to power fleet zero emission vehicles
• Partnership with GRID Alternatives
• Soofa Solar Bench at Indio High School
• Food Waste to Biogas Study
• Community Greenhouse Gas Update that showed a 26 percent GHG reduction in community emissions resulting in a Beacon Spotlight Award from the Institute of Local Government.
Annual Work Plan
Annual Work Plan
Inland Regional Energy
Network
CVAG Comprehensive Climate
Action Plan
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 171 of 252 12 Economic development and sustainability are deeply interconnected. Sustainable practices lay the foundation for long- term economic growth by conserving resources, reducing waste, and fostering innovation. By integrating sustainability into economic strategies, businesses and governments can create resilient economies that support communities while pro tecting the environment. Shop Local programs not only support businesses, it also results in a lower carbon footprint as through less miles traveled by purchasers and many times through suppliers as well.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 172 of 252 13 Goal 2: Low Greenhouse Gas Environment
Objectives:
Decrease greenhouse gas emissions and increase EV charging infrastructure Mandates:
AB1236 requires all cities and counties to develop an expedited, streamlined permitting process for all levels of EV charging stations
Green Building Codes provide
Potential Projects
• Provide more public EV charging stations
• Green Rental Housing Program
• Weatherization Programs for current housing stock
• Energy Efficiency Education for Businesses (CAP)
• Low income Weatherization Plan (CAP)
• Commit to EV charging stations at City Facilities
• Free Tree Program for private areas, residential and commercial • Conduct outreach regarding existing rebate programs
To purchase Zero-Emission Vehicles
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 173 of 252 14 What residents can do
Insulate windows and doors
Consider purchasing an electric vehicle
Turn your thermostat up one degree in the summer
Low Greenhouse Gas Environment Accomplishments
• Upgrades at City Hall (HVAC, Lighting, Software)
• Streetlight LED replacement
• Bigbelly smart solar waste and recycling receptacles
• Partnership with GRID Alternatives
• Complete a Greenhouse Gas Inventory 2010 and a Greenhouse Gas Inventory Update (2016)
• City employee 9/80 schedule reduced VMT (Vehicle Miles Traveled) • Property Assessed Clean Energy Financing
• Create a “Shop Local” campaign
Annual Work Plan
Install EV chargers at New City
Hall and Golf Course
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 174 of 252 15 Goal 3: Zero Waste
Objectives:
Reduce materials that are landfilled through increased recycling and source reduction Facilitate a circular economy to keep materials in use longer Provide strategic and effective communication and outreach for proper waste management.
Mandates:
SB1383 Short-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions.
Local governments must provide organic waste collection to all residents and businesses without resident or business subscribing to the service. The city must conduct outreach to all stakeholders to support moving clean organic waste to reuse rather than to the landfill. In addition there are record keeping, inspection and enforcement requirements.
AB1826 Mandatory Commercial Organics Recycling
Requires commercial facilities that generate 4 cu yards of waste per week shall arrange for organics recycling (green waste is included as organic waste)
AB341 Mandatory Commercial Recycling
Requires commercial facilities that generate 4 cu yards of waste per week to arrange for recycling
Potential Projects
• Special Event Waste Diversion (GPU)
• Create a Litter Abatement Program
• Hold Zero Waste Challenge
• Partner with Riverside County to have a
permanent household hazardous waste
collection site in Indio.
• Establish a Commercial Ambassador
Pilot Program or integrate with GPU
Table 12- 4 number 2, Establish and
implement an annual business visitation
program.
Annual Work Plan
Hold sustainability collection
events
TRUE zero waste for
commercial facilities
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 175 of 252 16 This program would bring varied regulations and sustainability efforts into a more efficient platform. Many commercial facilities require storm water inspections and will soon require waste inspections. Compliance requirements can be brought together into one annual visit that also supports sustainability and builds positive business relations by including water and energy conservation tips. • Start Food Waste Diversion Program at Senior Center
What residents can do:
Put only clean dry items in the recycle bin
Check out the Indio website for more information on what is recyclable
Dispose of food waste in the green bin to be processed into compost
Bring your household hazardous waste (HHW) to a
Riverside County HHW collection event
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 176 of 252 17 Zero Waste Accomplishments
• Sustainability Collection Events (oil, oil filters , compost exchange, shredding, electronic waste and waste tires)
• Household Hazardous Collection events
• Install bottle filling stations at parks and city facilities • Single-use Plastic Bag Ban
• Provide waste and recycling containers to schools and businesses • Reusable utensil giveaways
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 177 of 252 18 Goal 4: Conserve Water Resources and Ensure a Sustainable Water Supply
Objectives:
Promote water use efficiency and conservation efforts through outreach and incentives.
Work with regional water agency agencies for consistent conservation messaging throughout the Coachella Valley.
Mandates:
Making Conservation a California Way of Life Regulation
Effective January 1, 2025, t hese regulations apply to urban water suppliers such as the Indio Water Authority and aim to increase water efficiency and reduce the need for emergency water restrictions during droughts. It requires urban water suppliers to annually calculate and comply with urban water use objectives, carry out commercial, industrial and institutional performance measures and provide progress reports. The regulation is expected to reduce inefficient water use in the urban sector.
SB 555
Senate Bill 555 was adopted during a
drought in 2015 and requires urban retail
water suppliers like the Indio Water
Authority to complete water loss audits
that estimate how much water is lost from
the system through leaks or breaks.
Water suppliers can increase water
supply by reducing water loss. Individual
water loss standards have been
developed for each urban retailer and
those standards must be met by 2028.
Non-Functional Turf Bill AB1572
The bill was passed to reduce water
waste and promote water conservation.
This California law prohibits drinking
water from being used to irrigate non-
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 178 of 252 19 functional turf on commercial, industrial, and institutional properties (excludes watering of trees). The ban takes effect in stages for CII landscapes. Those stages are:
a. 2027 - Properties owned by local governments
b. 2028 - Commercial and industrial properties
c. 2029 - Common areas of homeowners’ associations
d. 2031 – Properties owned by local governments in disadvantaged communities or when state funding for turf replacement is available
Potential Projects:
• Explore recycling water project in partnership with the East Valley Reclamation Authority.
What residents can do:
Remove turf and replace with drought tolerant
landscaping (rebates are available).
Replace indoor and outdoor appliances with
water efficient toilets, clothes washers, and/or
smart irrigation controllers (rebates are
available).
Eliminate water waste (e.g. avoid excess
water runoff to sidewalks and walkways)
Fix indoor and outdoor leaks as soon as
possible.
Register to be a Dropcountr user. Dropcountr
is a free online portal for customers to view
their water usage, receive alerts, and pay bills
online.
Visit the Indio Water Authority website
(www.indiowater.org) to learn about current
rebates and conservation tips.
Annual Work Plan
Promote water conservation,
continue to offer rebate
incentives and conduct
strategic outreach.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 179 of 252 20 Conserve Water Resources Accomplishments
• Secured grant funding to support conservation rebate programs. • Prepared and adopted the Water Shortage Contingency Plan, which outlines how the City of Indio will respond in the event of a water shortage. • Completed the annual WY21-22 Indio Subbasin report, which summarizes water storage levels in the basin. Data s hows the region’s ongoing programs for source substitution and water conservation measures continue to help restore groundwater levels, despite reduced State Water Project deliveries due to climate change this past year. • Coordinated conservation messaging via CV Water Counts to ensure consistent regional messaging with water agencies in the Coachella Valley.
Messaging avenues include dedicated the annual CV Water Counts Academy, dedicated website, billboards, ads, and newsletter. • In-person outreach at various community events and regular messaging via bill inserts to promote water conservation and rebates. • Launch of a new customer engagement portal, Dropcountr, for customers to view water usage, receive alerts and pay bill online. A mobile app is a new feature for customer use.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 180 of 252 21 The most direct connection between cities and sustainability can be seen through natural resources, such as water. The Indio Water Authority has the responsibility to provide clean, reliable and safe water as the city expands and maintain long term water supply. It is an especially complex task in a desert region. IWA does this through robust conservation programs and cooperation with other local water providers. The Indio Subbasin Annual Report highlights some of the planning that IWA and other regional water providers do in cooperation to ensure a long-term reliable water supply.
You can access the full report at Indio Subbasin SGMA
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 181 of 252 22 Goal 5: Sustainable Environment, Land Use and Transportation Objectives:
Increase safe bike lanes and other aspects of complete streets (GPU) Build a cultural connection to the importance of caring for land/environment (similar to water) through outreach and art.
Mandates:
Executive Order N -79-20 directs state to require that, by 2035, all new cars and passenger trucks sold in California be zero emission vehicles.
Potential Projects:
• Complete Amtrak Station
• New Hire Packet for city employees with Sustainability Information and Contact for Innovative Ideas or Suggestions.
• Create a Map of Bike and Electric Vehicle Lanes
• Develop a Health Resources Inventory (GPU)
• Urban Agriculture (GPU)
• Host a Hike on the Indio Trail for National
Trails Day
• Consider Light Pollution Policy
Recommendation
What residents can do:
Consider using active transportation for your next
trip to the store or to see a friend.
Volunteer with Indio Lindo
Plant trees and plants that support pollinator species
Annual Work
Increase bike lanes
per Complete Streets
Master Plan
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 182 of 252 23 Sustainable Environment, Land Use and Transportation Accomplishments • Complete Streets and Drainage Master Plan
• Traffic light Synchronization Projects
• Safe Routes to Schools Master Plan
• General Plan 2040
• Transformative Climate Communities Planning Grant
• Added 14 center line miles of bike lanes in the last three years • Indio Lindo
• Clean California Grant
Indio Lindo is a formal beautification program proudly led by the City of Indio, devoted to enhancing the city's aesthetic appeal and fostering a deep sense of community pride.
One reason people move to Indio is to enjoy a higher quality of life. As the City continues to grow, Indio prioritizes a clean and healthy environment through the Indio Lindo Program. This program includes quality of life programs such as community and park clean-ups which reduce litter. Litter pollution can cause havoc to wildlife that can be entangled in it or digest it. A clean environment is a cornerstone of quality of life and sustainability.
Quality of Life Programs:
• Community Clean-Ups
• Park Clean-Ups
• Volunteer Program
• Trash Enclosure Program
• Building Beautification Program
• Public Education & School Promotion
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 183 of 252 24 Goal 6 Outreach and Communication
Objectives:
Increase awareness and promote participation in sustainability programs Foster collaboration between stakeholders
Inspire future generations
Showcase success stories and demonstrate sustainability benefits Use data and feedback to improve sustainability efforts
Potential Projects
• Create an Indio Sustainability Commission
High School Student Ambassador position.
• Participate and exhibit at the upcoming 2025
Indio “State of City” event and future annual
events with a Sustainability Exhibit table
• Create an annual Indio Sustainability Award
for a local business and a utility company to
be awarded at the annual “State of the City”
event.
• Future Indio School Contest
• Produce a Sustainability Report with
integrated metrics and data
What residents can do:
Attend a sustainability commission meeting or submit comments Recycle
Volunteer with Indio Lindo
Don’t litter
Annual Work Plan
Expand and Enhance
Sustainability Website Information
Burrtec Brochure
Targeted outreach at Food Truck
Fridays and Farmers Market
Earth Day
Update city Council in April
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 184 of 252 25 Goal 7 Resiliency and Mitigation
Objectives:
Promote Sustainable Land Use and Development (LMHP)
Address Climate Change Resilience (LMHP)
Build Resilience in Low-Income Communities (LMHP)
Promote Sustainable Building Practices (LMHP)
Potential Projects:
• Sustainable building/construction (LHMP)
• Increase Shade
What residents can do:
Make or purchase an emergency kit
Attend community emergency response team (CERT) training
Plant Native Trees
Resiliency and Mitigation Accomplishments
• Provide cooling centers
• Complete Local Hazardous Mitigation Plan
• Provide community emergency response team training (CERT)
Annual Work
Partner with IID to host
residential tree give
away events.
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 185 of 252 26 Sustainability Calendar 2025
January 5 National Bird Day
February 22 Indio Trails Day
March
22 World Water Day
April
22 Earth Day
May
16 Bike to Work Day
June
8 World Oceans Day
July 14 Indio Zero Waste Day
August
16 National Honey Bee Day
September
21 Zero Emissions Day
October
24 International Day of Climate Action
November
15 National Recycle Day
December 4 Wildlife Conservation Day
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 186 of 252 27 Work Plan Table
Project Status
Learn about microgrids, digesters, solar , and
other renewable energy options On-going
Work with Inland Regional Energy Network
(IREN) On-going
Install EV chargers at City Hall and Golf Course New
Increase Bike Lanes On-going
Hold Sustainability Collection Events On-going
Participate in CVAG Regional Comprehensive
Climate Action Plan New
TRUE Zero Waste Initiatives for Commercial
sector New
Water Conservation Efforts On-going
City Beautification Indio Lindo On-going
Sustainable Construction New
Booth at Food Truck Fridays/Farmers Market As Needed
Improve sustainability web pages on Indio
website New
EcoHero Shows to Indio Schools and custom
anti-litter comic book On-going
Form Partnerships with non-profits On-going
Earth Day Project New
Develop Burrtec Brochure New
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 187 of 252 28 Works Cited
South Coast AQMD. (2020). Coachella Valley Extreme Area Plan for the 1997 8-hour Ozone Standard Fact Sheet. Retrieved from South Coast Air quality Management District:
http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/2022-air- quality-management-plan/coachella-valley-ozone-plan-fact-sheet-091420.pdf?sfvrsn=21 United Nations, n.d. Retrieved from Communications materials - United Nations Sustainable Development Visyak, Scott. January 1, 2023. Local Hazard Mitigation Plan. City of Indio. Retrieved from https://indio.civicweb.net/document/176973/Resolution%20No.%2010468%20- %20Local%20Hazard%20Mitigation%20.pdf?handle=BE01E6F242B24783B8C7F4C68DEB18A1
Draft Sustainability Plan and Work Plan 2025 (Sara Toyoda, Environmental... Page 188 of 252 City of Indio
Indio Electric Finance Authority
October 15, 2025
STAFF REPORT
To: Indio Electric Finance Authority
From: Bryan Montgomery, Executive Director
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Subject: Financing Electric Indio the confirming No. Resolution Adopt 2025-03 Authority’s participation in the Statewide Community Infrastructure Program (SCIP) of the California Statewide Communities Development Authority.
RECOMMENDATION:
Staff recommends that the Board of Directors of the Indio Electric Financing Authority adopt Resolution Indio Authority’s Electric the Financing and amending 2025-03, No. restating participation in the Statewide Community Infrastructure Program (SCIP), thereby authorizing financing of IEFA Power Capacity Fees and related public capital improvements.
SUMMARY:
The Statewide Community Infrastructure Program (SCIP), administered by the California Statewide Communities property mechanism financing a for (CSCDA), Authority Development provides owners to fund required development fees and public infrastructure improvements through tax- exempt bonds. The City of Indio has participated in SCIP since 2017, most recently with SCIP Series 2023C-1 for the Northgate Crossings project ($1,625,000). The proposed Amended and Restated Resolution extends participation through the Indio Electric Financing Authority (IEFA), specifically enabling financing of IEFA Power Capacity Fees. This action reaffirms and expands the City’s improving financing, long-term low-cost, to with developers provide to ability access competitiveness and supporting new development.
BACKGROUND INFORMATION:
The California Statewide Communities Development Authority (CSCDA) is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. Over 530 cities, counties, and special districts are members. CSCDA created SCIP in 2002 to allow property owners to finance development impact fees and public improvements through pooled assessment district financing. SCIP has since expanded to include community facilities districts (CFDs) and public services financing. Since inception, over $1 billion in land-secured bonds have been issued. Indio joined SCIP in 2017. While the City is already a SCIP participant, the proposed resolution provides a financing pathway specifically for IEFA Power Capacity Fees. This ensures developers can finance significant upfront costs related to energy infrastructure while the IEFA and City continue to receive fee revenue. Participation is voluntary for property owners. If approved, CSCDA will handle district formation, bond issuance, and administration. Neither the City nor IEFA is financially liable for the repayment of SCIP bonds.
ATTACHMENTS:
AGENDA ITEM #12.1
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 189 of 252 Amended and Restated Resolution Authorizing Participation in SCIP ( with Exhibits A-D)
APPROVAL(S):
Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 08 Oct 2025 Steven Graham Pacifico, City Attorney Approved - 08 Oct 2025 Ruby D. Walla, Director of Finance Approved - 08 Oct 2025 Ruby D. Walla, Director of Finance Approved - 08 Oct 2025
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 190 of 252 RESOLUTION NO. 2025-03
RESOLUTION OF THE BOARD OF DIRECTORS OF THE INDIO ELECTRIC FINANCING
AUTHORITY AUTHORIZING THE INDIO ELECTRIC FINANCING AUTHORITY TO
BECOME A CSCDA PROGRAM PARTICIPANT AND TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT SPECIAL ASSESSMENT
PROCEEDINGS AND LEVY ASSESSMENTS AND SPECIAL TAXES AND TO FORM
ASSESSMENT DISTRICTS AND COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE INDIO ELECTRIC FINANCING AUTHORITY; EMBODYING A
JOINT COMMUNITY FACILITIES AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF COMMUNITY FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California ; and WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and WHEREAS, the Indio Electric Financing Authority (the “Agency”), has expressed an interest in participating in the economic development financing programs (the “Programs”) in conjunction with other Program Participants; and
WHEREAS, there is now before the Agency the form of the Joint Powers Agreement; and
WHEREAS, the Agency proposes to participate in the Programs and desires that certain projects to be located within the Agency be financed pursuant to the Programs and it is in the public interest and for the public benefit of the Agency do so; and WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the Agency or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 191 of 252 the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and
WHEREAS, the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello-Roos Act”) is an applicable provision of State law available to, among other things, finance public improvements and public services (“Services”) necessary to meet increased demands placed upon local agencies as a result of development; and WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of special tax bonds (the “Special Tax Bonds” and, together with the Improvement Bonds, the “Local Obligations”) under the Mello-Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello Roos Act; and WHEREAS, the Agency desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“CFDs”) and to issue Local Obligations under the Mello-Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and
WHEREAS, the Agency desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes and that such CFDs are not pooled together with projects in other jurisdictions; and
WHEREAS, from time to time when eligible property owners within the jurisdiction of the Agency elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello-Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the Agency; and
WHEREAS, both the Authority and the Agency are “local agencies” under the Mello- Roos Act; and
WHEREAS, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 192 of 252 WHEREAS, the Agency desires to enter into such an agreement with the Authority to authorize the Authority to form CFDs from time to time within the territorial limits of the Agency to finance Fees, Improvements and Services necessitated by new development; and WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), a copy of which is attached hereto as Exhibit A, and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the Agency’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included in this Resolution pursuant to Section 10104 of the Streets and Highways Code; and WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which is attached hereto as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and
WHEREAS, the Agency will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and WHEREAS, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements; and WHEREAS, where the Authority determines a project is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations, the proceeds of which are used to purchase the Local Obligations; and
WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this Board of Directors concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Indio Electric Financing Authority as follows:
Section 1. The Joint Powers Agreement is hereby approved and the Chair, Vice Chair, Executive Director, Secretary, Treasurer or any other Officer of the Agency are each individually and severally hereby authorized and directed to execute said document.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 193 of 252 Section 2. This resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority in accordance herewith and the issuance of any refunding bonds therefor.
Section 3. The Agency hereby consents to the conduct of proceedings by the Authority under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the Agency’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act.
Section 4. The Agency hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.
Section 5. This resolution sets forth the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello Roos Act) between the Agency and the Authority. Adoption by the Commission of the Authority of each Resolution of Intention to form a CFD under the Mello-Roos Act to finance Agency Improvements, Agency Fees or Agency Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD. This Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement, or a joint agreement to fund services, for each CFD formed by the Authority (the “Joint Agreement”).
Section 6. The Board of Directors hereby finds and determines that this resolution and the Joint Agreement are beneficial to the residents/customers of the Agency and are in the best interests of the residents of the Agency, and of the future residents of the area within the proposed CFDs and Assessment Districts. The Agency hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations, and the issuance of bonds to refund such revenue bonds, in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the Agency.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 194 of 252 Section 7. The Authority has adopted Local Goals and Policies as required by Section 53312.7 of the Mello-Roos Act. The Agency approves the use of those Local Goals and Policies in connection with the formation of CFDs. The Agency hereby agrees that the Authority may act in lieu of the Agency under those Local Goals and Policies in forming and administering the CFDs.
Section 8. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the Agency will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.
Section 9. Pursuant to the Mello-Roos Act and this resolution, the Authority may conduct proceedings under the Mello-Roos Act to form the CFDs and to have such CFDs authorize the financing of (i) any or all of the facilities and Fees set forth on Exhibit C, attached hereto and (ii) any or all the Services set forth on Exhibit D, attached hereto. All of the facilities, whether to be financed directly or through Fees, shall be facilities that have an expected useful life of five years or longer and are facilities that the Agency or other local public agencies, as the case may be, are authorized by law to construct, own or operate, or to which they may contribute revenue. The appropriate officials and staff of the Agency are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial formation and in connection with the annual levy. Exhibit C and Exhibit D may be modified from time to time by written agreement between an authorized representative of the Authority and of the Agency. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the Agency are referred to as the “Agency Improvements.” The Fees paid or to be paid to the Agency are referred to as the “Agency Fees”. The Services funded are referred to as the “Agency Services”.
Section 10. For Improvements, Fees or Services to be owned, used or provided by another local agency (a “Third Party Local Agency”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third Party Local Agency as required by the Mello-Roos Act. Each joint community facilities agreement with each Third Party Local Agency will contain a provision that the Third Party Local Agency will provide indemnification to the Agency to the same extent that the Agency provides indemnification to the Third Party Local Agency under the terms of this resolution.
Section 11. The Agency acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the Agency as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services. In connection with the formation of each CFD, as may be required by the Authority’s procedures, the Agency shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.
Section 12. The Authority shall promptly transfer special tax collections for Agency Services, after payment of its own reasonable administrative costs incurred in the administration of the CFDs, to the Agency. The Authority will apply the other special tax collections initially
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 195 of 252 as required by the documents under which any Local Obligations are issued; and thereafter, to the extent not provided in the Local Obligations documents, may pay its own reasonable administrative costs. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the Agency and to the other local agencies in the proportions specified in the Authority’s proceedings. The Agency will apply any such special tax revenues it receives for authorized Agency Improvements, Agency Fees and/or Agency Services, as applicable, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello-Roos Act. The joint community facilities agreements with each Third Party Local Agency must require the Third Party Local Agency to apply the special tax revenues they receive for their authorized Improvements, Fees and/or Services under the CFDs and for their own related administrative costs only as permitted by the Mello-Roos Act.
Section 13. The Authority will administer the CFDs, including employing and paying all consultants, annually levying the special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The Agency will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the Agency to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the Agency will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to the agreement embodied by this resolution) nor will the Agency be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency.
Section 14. In the event the Authority completes issuance and sale of Local Obligations, and Local Obligation proceeds become available to finance the Improvements, the Authority shall establish and maintain a special fund for each development project (the “Acquisition and Construction Fund”). The portion of Local Obligation proceeds which is intended to be utilized to finance the Improvements and Fees shall be deposited in the Acquisition and Construction Fund. The Acquisition and Construction Fund will be available both for Agency Improvements and Agency Fees and for the Improvements and Fees pertaining to each Third Party Local Agency. Subaccounts shall be created as necessary.
Section 15. As respects the Authority and each Third Party Local Agency, the Agency agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the Agency Improvements and for the administration and expenditure of the Agency Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard. The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the Agency to assume any portion or all of this responsibility. The Authority is required to obtain provisions
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 196 of 252 equivalent to this paragraph in the joint community facilities agreement with each Third Party Local Agency.
Section 16. The Agency agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the Agency Improvements and the improvements to be financed or acquired with the Agency Fees. The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the Agency any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency naming the Agency and its officers, agents and employees as Indemnified Parties with respect to each Third Party Local Agency’s respective Improvements and the improvements to be constructed or acquired with each Third Party Local Agency’s Fees.
Section 17. As respects the Authority and each Third Party Local Agency, the Agency agrees – once the Agency Improvements are constructed according to the approved plans and specifications, and the Agency and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the Agency Improvements – to accept ownership of the Agency Improvements, to take maintenance responsibility for the Agency Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the Agency Improvements. The Agency reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the Agency to assume any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency naming the Agency and its officers, agents and employees as Indemnified Parties.
Section 18. The Agency acknowledges the requirement of the Mello-Roos Act that if the Agency Improvements are not completed prior to the adoption by the Commission of the Authority of the Resolution of Formation of the CFD for each respective development project, the Agency Improvements must be constructed as if they had been constructed under the direction and supervision, or under the authority of, the Agency. The Agency acknowledges that this means all Agency Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California. The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The Agency reserves the right, as respects the Participating Developer, to assign appropriate responsibility for compliance with this paragraph to the Participating Developer.
Section 19. The form of the Acquisition Agreement attached hereto as Exhibit B is hereby approved, and the Chair, Vice Chair, Executive Director, Secretary, Treasurer, or any other officer of the Agency (each, an “Authorized Officer”) is authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the Agency in substantially that form, with such changes as shall be approved by the Authorized Officer after
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 197 of 252 consultation with the Agency’s General Counsel and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 20. After completion of the Agency Improvements and appropriate arrangements for the maintenance of the Agency Improvements, or any discrete portion thereof as provided in Section 53313.51 of the Mello-Roos Act and in the Acquisition Agreement, to the satisfaction of the Agency, and in conjunction with the Agency’s acceptance thereof, acquisition of the Agency Improvements shall be undertaken as provided in the Acquisition Agreement.
Section 21. The Agency hereby consents to the formation of the CFDs in accordance with this resolution and consents to the assumption of jurisdiction by the Authority for the proceedings respecting the CFDs with the understanding that the Authority will hereafter take each and every step required for or suitable for consummation of the proceedings, the levy, collection and enforcement of the special tax, and the issuance, sale, delivery and administration of the Local Obligations, all at no cost to the Agency and without binding or obligating the Agency’s general fund or taxing authority.
Section 22. The terms of the Agreement embodied by this resolution may be amended by a writing duly authorized, executed and delivered by the Agency and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.
Section 23. Except to the extent of the indemnifications extended to each Third Party Local Agency in the Agreement embodied by this resolution, and the Agency’s agreement to take responsibility for and ownership of the Agency Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this resolution, and nothing in this resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the Agency (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this resolution.
Section 24. The Agency shall be identified as a third-party beneficiary of all joint community facilities agreements between the Authority and each Third Party Local Agency to the extent of the indemnification provisions and the provisions whereby each Third Party Local Agency agrees to take responsibility for and ownership of their Improvements.
Section 25. The appropriate officials and staff of the Agency are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the Agency and/or who are conditioned to install Improvements and/or whose plans for new development within the Agency necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The Agency shall designate appropriate staff who shall be responsible for coordination with the Authority, and shall provide the appropriate contact information to the Authority from time to time.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 198 of 252 Section 26. The appropriate officials and staff of the Agency are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third-party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the Agency, as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP.
Section 27. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of Directors of the Indio Electric Financing Authority is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority. This resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated.
* * *
PASSED AND ADOPTED this ____ day of ____________, 20__ by the following vote, to wit:
AYES: Board Members
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 199 of 252
EXHIBIT A TO THE RESOLUTION
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
For Assessment Districts Only
RESOLUTION NO. __SCIP-
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE CAPITAL
IMPROVEMENTS AND/OR THE PAYMENT OF DEVELOPMENT RELATED
FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE PROPOSED
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM ASSESSMENT
DISTRICT NO. ___ ([NAME OF PROJECT]) INDIO ELECTRIC FINANCING
AUTHORITY, APPROVING A PROPOSED BOUNDARY MAP, MAKING
CERTAIN DECLARATIONS, FINDINGS AND DETERMINATIONS
CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED
ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public improvements (the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) Indio Electric Financing Authority (the “Assessment District”); WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) Indio Electric Financing Authority, State of California,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) Indio Electric Financing Authority, State of California”;
WHEREAS, the Indio Electric Financing Authority is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 200 of 252 Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.
Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.
Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.
Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.
Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.
Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their date.
Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.
Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.
Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.
Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.
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IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 202 of 252 A-1
PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.
I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.
By
Authorized Signatory
California Statewide Communities
Development Authority
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 203 of 252 A-1
EXHIBIT A TO THE RESOLUTION OF INTENTION
DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be acquired and owned by the Indio Electric Financing Authority or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.
PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER DEVELOPMENT
RELATED CHARGES
CAPITAL IMPROVEMENTS*
*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management [End of Form of Resolution of Intention]
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 204 of 252 A-1
EXHIBIT B TO THE RESOLUTION
FORM OF ACQUISITION AGREEMENT
_____________________
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
ACQUISITION AGREEMENT
BY AND BETWEEN
INDIO ELECTRIC FINANCING AUTHORITY
AND
[DEVELOPER]
Dated as of _______, 20__
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 205 of 252 A-1
ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the INDIO ELECTRIC FINANCING AUTHORITY, (the “Local Agency”), and [DEVELOPER], a [indicate type of legal entity] (the “Developer”).
B. The effective date of this Agreement is ________, 20__.
C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [For CFDS:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello-Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”).
On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [For Assessment Districts:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district (the “District”) which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).]
D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.
E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.
F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 206 of 252 portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to be acquired from the Developer.
G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.
H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.
I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.
In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.
Agreement
ARTICLE I
DEFINITIONS; DISTRICT FORMATION AND
FINANCING PLAN
Section I.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “Indio Electric Financing Authority Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 207 of 252 “Act” has the meaning ascribed thereto in Recital C.
“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project management, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement. “Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_]. “Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedness issued by the Authority as tax-exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. “Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 208 of 252 “Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof in substantially the form contained in Exhibit B hereto. “District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the Indio Electric Financing Authority. “Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.] “Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.
Section I.02. Participation in SCIP. The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and conditions for the District were embodied within the Local Agency Resolution and were accepted by the Authority with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction Fund (as defined in Section 1.03 below), neither the Developer nor the Local Agency shall have any obligations under this Agreement. Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.
Section I.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 209 of 252 (b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].
Section I.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.
ARTICLE II
DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section II.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired from Developer. All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section
2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.
Section II.02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 210 of 252 State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.
Section II.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.
Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.
In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition and Construction Fund shall be applied as provided in Section 1.03.
IEFA Resolution No. 2025-03, confirming the Indio Electric Financing Aut... Page 211 of 252 In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition and Construction Fund at the time such payment is requested.
Section II.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights-of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right-of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.
Section II.05. SCIP Requisition. Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with