REGULAR MEETING STARTS AT 6:00 PM
CLOSED SESSION STARTS AT 5:30 PM
Mayor Stacy Rhoades
Vice Mayor Jody Maita
Councilmember Dominic Atlan
Councilmember Alison LaFayne
Councilmember Jack Mitchell
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
The City of Ione is inviting you to a scheduled Zoom meeting.
Join Zoom Meeting
https://zoom.us/j/2351961316?pwd=d3lWTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316
Passcode: 95640
Tuesday, May 6, 2025
THE CITY OF IONE IS A GENERAL LAW CITY DEDICATED TO PROVIDING LEADERSHIP,
ACCOUNTABILITY, AND FISCAL INTEGRITY WHILE PROMOTING ECONOMIC OPPORTUNITIES AND MAINTAINING A HIGH QUALITY OF LIFE FOR OUR CITIZENS.
PLEASE LIMIT PUBLIC COMMENT/TESTIMONY TO FOUR MINUTES
Gov’t. Code §54954.3
The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.
Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1- 5 and $.45 for each additional page. Documents that are not available when the agenda is posted will be made available for public review at the meeting.
A. CALL TO ORDER - ROLL CALL
B. PUBLIC COMMENT ON CLOSED SESSION ITEMS
C. CLOSED SESSION – 5:30 PM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Government Code 54956.9(d)(2): 1 case
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties: Castle Oaks Golf Club, 1000 Castle Oaks Drive (APN 005-320-034), 1230 Shakeley Lane (APN 005-320-037)
Agency Negotiator: Josh Varinsky, City Attorney
Negotiating Parties: Hahn Family Foundation
Under Negotiation: Price and Terms of Payment
If all matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends.
D. RECONVENE TO OPEN SESSION – 6:00 PM
E. REPORT OUT OF CLOSED SESSION
F. PLEDGE OF ALLEGIANCE
G. APPROVAL OF AGENDA
H. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any subject within the jurisdiction of the Ione City Council.
Please be mindful of the 4 minute time limit per person. Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a report and/or recommendation for possible action at a future Council meeting. Is there anyone in the audience who wishes to address the Council at this time? I. PRESENTATIONS/ANNOUNCEMENTS:
• Larry McKenney, Amador Water Agency – Capital Improvements in Ione • Thomas Borge – Status of Crosswalks and Street at Wildflower
J. CONSENT CALENDAR:
All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed for discussion and possible action and made a part of the regular agenda at the request of a Councilmember(s).
1. Minutes of February 18, 2025 and March 4, 2025
2. Warrants – May 6, 2025
3. Receive and File the Ione Police Department’s Military Equipment Policy K. PUBLIC HEARING: None
L. REGULAR AGENDA:
1. Water Board Updates and Castle Oaks Water – Michelle Chester, Somach, Simmons, and Dunn
2. Update on Landscaping at Castle Oaks – Chris Strong, EcoUrban Designs
3. Update on Tracer Study Results – Justin Granados, Waterstone
4. Status Report on Picnic Hill Project at Howard Park – George Lee, City Manager (Councilmember Request – Councilmembers LaFayne, Atlan)
5. Councilmember Comments on Amador Water Agency Ione Reliability Capacity and Backwash Piping Project
(Councilmember Request – Councilmembers LaFayne, Atlan) M. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
N. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
O. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS P. ADJOURNMENT
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102.
Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Agenda Item #J1 (1)
Agenda Item #J1 (2)
Agenda Item #J2
Agenda Item #J3
DATE: MAY 6, 2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN ALFRED, CHIEF OF POLICE
SUBJECT: RECEIVE AND FILE THE IONE POLICE DEPARTMENT’S MILITARY POLICY
RECOMMENDED ACTION:
Receive and file the Ione Police Department’s Military Equipment Policy.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
BACKGROUND:
AB 481 was authored by Assembly member David Chiu (D-San Francisco) to address law enforcement agencies’ funding, acquisition, and use of Military Equipment. The Assembly Bill creates more transparency, oversight, and accountability in the use and acquisition of police equipment, which qualifies by definition as Military Equipment. On September 30, 2021, Governor Newsom signed AB 481 into law. The full text of AB 481 is attached.
ATTACHMENTS:
A. Policy 709 – Military Equipment Policy
B. Assembly Bill No. 481
C. Exhibit A – Ione Police Military Equipment Inventory Policy
709
Ione Police Department
Ione PD Policy Manual
Copyright Lexipol, LLC 2025/02/13, All Rights Reserved.
Published with permission by Ione Police Department
Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the [Department/Office].
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.
• 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.
Attachment #J3A
Ione Police Department
Ione PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/13, All Rights Reserved.
Published with permission by Ione Police Department
Military Equipment - 2
709.2 POLICY
It is the policy of the Ione Police Department that members of this [department/office] comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this [department/office] to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying [department/office] equipment that qualifies as military equipment in the current possession of the [Department/Office], or the equipment the [Department/ Office] intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Ione Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the [department/office]’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the [department/office] website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the [Department/Office] will respond in a timely manner. 709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the [Department/Office]:
Exhibit A
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the [department/office] website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Ione Police Department
Ione PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/13, All Rights Reserved.
Published with permission by Ione Police Department
Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this [department/office]. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the [department/office] website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in [department/office] inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the [Department/Office] shall hold at least one well-publicized and conveniently located community engagement meeting, at which the [Department/Office] should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022.
The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state Attachment #J3B
agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2.
Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070.
For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071.
(a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072.
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
7073.
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074.
The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county.
7075.
Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
Ione Police Department Assembly Bill 481-
Military Equipment Inventory
Exhibit A
Attachment #J3C
Ione Police Department AB 481-Military
Equipment Inventory
Page | 2
This document has been created in accordance with California Assembly Bill 481 (AB-481), codified in California Government Code sections 7070-7075.
The equipment identified in this document is stored and/or used at the Ione Police Departmentoperated facilities.
It is the policy of the Ione Police Department to ensure we provide adequate public safety services in a transparent manner, including the purchase and use of military equipment. Decisions regarding the use, procurement, and funding of military equipment should take into consideration the public's welfare, safety, and civil rights and allow for public input.
The Department shall make the following considerations before seeking authorization for purchasing military equipment:
• The equipment is necessary because there is no reasonable alternative that could provide the same objective of deputy and civilian safety.
• The equipment is reasonably cost-effective compared to alternatives that can achieve the same objectives of deputy and civilian safety.
The procurement or use of any new type of military equipment not already in possession of the Department or approved on the current Military Equipment Policy will require the approval of the Ione City Council. These procedures are also outlined in the Ione Police Department Policy Section 709.
Ione Police Department Policy 709 Military Use Equipment may be referred to for additional information regarding:
• The definition and types of military equipment as defined in California Government Code section 7070 (c)(1)-(16).
• The approval process for the purchase of any additional military equipment. • The requirements for the annual review of the Military Equipment Report as defined by California Government Code Section 7071(e).
The Ione Police Department is subject to independent oversight by the Amador County Grand Jury. Additionally, the actions of peace officers may be subject to review for violations of California law by the Amador County District Attorney's office, and the California State Attorney General's Office. Additionally, the U.S. Attorney has the ability to investigate and prosecute for violations of federal civil rights laws under color of authority.
Violations of the Military Equipment Use Policy by members of the Police Department may result in sanctions including suspension or termination.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 3
TABLE OF CONTENTS
1.0 Command and Control Vehicles
2.0 Firearms/ammunition of .50 caliber or greater
3.0 Specialized firearms/ammunition less than .50 caliber
4.0 40mm launchers, Less Lethal Bean Bag shotgun and munitions Ione Police Department AB 481-Military
Equipment Inventory
Page | 4
1.1 Command and Control Vehicles
2016 Chevrolet Tahoe
Command Vehicle
Description Command Vehicle – 2016 Chevrolet Tahoe
Quantity 1
Capability A vehicle used as a mobile office that provides shelter, access to department computer systems, mobile dispatch center during extended large pre-planned events, natural disasters, searching for missing persons, and community events.
Life Span 100,000 – 130,000 Miles
Manufacturer's Desc This is a standard 2016 Chevrolet chassis developed as a command vehicle. There is no specific manufacturer description.
Purpose The command vehicle is utilized as a remote command center in the event of the loss of its primary command center located at 1 E. Main St.
Legal IPD Policy 705.5 – Special Purpose Vehicles. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.
Costs Initial Cost: $47,000
Re-Occurring Costs: $0
Maintenance Costs: As needed
Year Obtained: 2022
How was it Bought: City Funds
Required Training No additional training. Class C license.
1.0 CATEGORY – 5 COMMAND AND CONTROL VEHICLES THAT ARE EITHER
BUILT OR MODIFIED TO FACILITATE OPERATIONAL CONTROL AND DIRECTION OF PUBLIC SAFETY UNITS.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 5
2.1 Bean Bag Shotgun
2.0 CATEGORY 8 – FIREARMS AND AMMUNITION OF .50 CALIBER OR
GREATER, EXCLUDING STANDARD-ISSUE SHOTGUNS AND STANDARD-ISSUE
SHOTGUN AMMUNITION
Remington Model 870™ Bean
Bag Shotgun
Description Remington Model 870™ Bean Bag Shotgun
Quantity 6
Capability Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of sixty feet.
Life Span 25 Years
Manufacturer's Desc The Remington Model 870™ is a pump-action shotgun design with ultimate strength, durability, silky-smooth bind-free action, with sleek and classical lines. As one of the most popular shotguns, the Model 870 is offered in dozens of configurations to suit hundreds of applications.
Purpose Beanbags are less-lethal munitions used as an option to de-escalate a potentially dangerous/deadly situation, with a reduced potential for death or serious injury to all persons involved. It is accepted that the probability exists for bodily harm to occur. However, it must also be accepted that the application of such force may be the only alternative to using lethal force to stop the subject's actions. Situations when the deployment of less-lethal beanbags is authorized but not limited to include self-destructive, dangerous, and/or combative individuals.
Legal Use of Force Policy, Control Devices and Techniques Policy, LessLethal Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.
Costs Initial Cost:
approximately $500
Re-Occurring Costs: $0
Maintenance Costs: $0 to $25 per year
Years Obtained: Unknown
How was it Bought: Unknown
Required Training Officers that have been trained in the use of the beanbag shotgun undergo thorough classroom and live-fire training in its use and application.
Additionally, officers trained in the use of the beanbag shotgun must pass annual qualifications to maintain proficiency and certification.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 6
3.1 AR-15 Style Semiautomatic Rifle
3.0 Category 10 - AR-15 Style Semiautomatic Rifle
AR-15 Style
Semiautomatic Rifle
Description Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
Quantity 19
Capability Carbine-style firearms owned by this department that can fire .223/5.56mm caliber projectiles accurately over 100 yards.
Life Span No Expiration
Manufacturer's Desc The carbine rifle is a firearm capable of stopping an armed subject at various distances. It is a lightweight, air-cooled, gas-operated, magazine fed shoulder fired weapon capable of operating in semiautomatic and selective fire modes. These rifles fire a .223 or 5.56 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects.
Purpose Members may deploy the patrol rifle in any circumstance where the member can reasonably expect the rifle to be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
a. Situations where the member reasonably anticipates an armed encounter.
b. When a member is faced with a situation that may require accurate and effective fire at long range.
c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
e. When a member reasonably believes that a suspect may be wearing body armor.
f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.
Legal All applicable federal, state, and local laws governing police use of force, and various Ione Police Department policies regarding use of force and firearms. Refer to Ione PD Policies 300 and 312, for more information on the use and training of Patrol Rifles.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 7
Costs Unit Cost: $1,039.75 per unit
Re-Occurring Costs: $0
Maintenance Costs: $0 to $25 per year
Years Obtained: Unknown
How was it Bought: Unknown
Required Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members operating any rifle must pass a range qualification and training quarterly.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 8
3.2 Remington Bronze .223
Remington Bronze .223
Ammunition
Description Remington Bronze .223 Ammunition
Quantity 3000
Capability Long Range Ammunition
Life Span 25 Years
Manufacturer's Desc Great for plinking, hunting and target shooting, the PMC Bronze .223 Remington 55-Grain Rifle Ammunition is designed with a non-corrosive boxer primer that allows for multiple reloads. The muzzle velocity and muzzle energy ensure consistent performance.
Purpose Range training
Legal Use of Force Policy, Control Devices and Techniques Policy, LessLethal Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.
Costs Initial Cost: .64 Cents a
round
Re-Occurring Costs: $0
Maintenance Costs: $0 per year Years
Obtained: 12/2022
How was it Bought: Ione Police Department Budget
Required Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members operating any rifle must pass a range qualification and training quarterly.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 9
3.2 Speer LE .223 Ammunition
Speer LE .223 Ammunition
Description Speer LE Gold Dot .223 Rem Duty Ammunition
Quantity 200
Capability Long Range Ammunition
Life Span 25 Years
Manufacturer's Desc Speer® Gold Dot® ammunition’s reliability has made it the No. 1 choice for law enforcement, and we offer the same performance for self-defense rifle applications. Gold Dot rifle is engineered to provide industry-leading performance in FBI protocol testing through barrels less than 16 inches long. Its bullets are built using Speer’s exclusive Uni-Cor® method. The jacket is bonded to the core one atom at a time, virtually eliminating core-jacket separation and creating a projectile that’s accurate, tough and consistent through all common barriers.
Purpose Duty ammunition for patrol rifles
Legal Use of Force Policy, Control Devices and Techniques Policy, LessLethal Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.
Costs Initial Cost: $1.69around
Re-Occurring Costs: $0
Maintenance Costs: $0 per year
Years Obtained: 2021
How was it Bought: Ione Police Department Budget
Required Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members operating any rifle must pass a range qualification and training quarterly.
Ione Police Department AB 481-Military
Equipment Inventory
Page | 10
Federal Laboratories 203A
Launcher
Description Federal Laboratories 203A Launcher
Quantity 1
Capability The FL-203A Less-Lethal Launcher is a single shot, shoulder-fired device that fires non-lethal munitions and liquids. Its ammunition includes 37 and 38mm baton and tear gas rounds. The baton rounds are cylindrical, rubber projectiles. Projectiles provide blunt impact, marking, and oleoresin capsicum (OC) effects to deny access, move, and/or suppress individuals from 5–15 meters.
Life Span No lifespan indicated by the manufacturer. Lifespan varies on operational usage and wear.
Manufacturer's Desc The FL-203A Less-Lethal Launcher is constructed from durable materials, with comfortable ergonomics, and an easy-tooperate safety. The FL-203A Launcher is equipped with iron sights.
Purpose The FL-203A is a less-lethal, single-shot launcher that launches plastic sphere projectiles. The plastic spheres burst on impact and release paint or contain PAVA powder (The name "PAVA" stands for Pelargonic Acid Vanillyl Amide, also called Nonivamide, and is the organic compound characteristically in natural chili pepper). The OC powder can effectively control, dissuade or disperse an individual(s) engaged in violent or riotous behavior.
Legal Use of Force Policy, Crowd Demonstration and Management Policy, and Control Devices and Techniques Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.
Costs Initial Cost: $299.99
Re-Occurring Costs: $0
Maintenance Costs: $0-$100
Year Obtained: Unknown
How was it Bought: Received through DRMO (military surplus) Required Training Officers authorized to carry and use the FL-203A must have completed the POST-approved Less-Lethal course.
4.1 Federal Laboratories 203A Launcher
4.0 14 – KINETIC ENERGY WEAPONS AND MUNITIONS
Ione Police Department AB 481-Military
Equipment Inventory
Page | 11
4.2 Bean Bag Rounds
Bean Bag
(12-Gauge)
Description 12-Gauge Shotgun Bean Bag Rounds
Quantity 0
Capability Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of 75 feet.
Life Span Five years from manufacturer date
Manufacturer's Desc The Drag Stabilized™ 12-Gauge Round is a translucent 12-gauge shell loaded with a 40-gram tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant.
The 12-Gauge Drag Stabilized Round has secured its place as the law enforcement communities' number one choice for specialty impact munitions. This round has a velocity of 270 feet per second with a maximum effective range of 75 feet.
Purpose Beanbag shotguns used with beanbag rounds may be deployed to impact subjects who demonstrate assaultive or life-threatening behavior. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. The main objectives that officers attempt to achieve in using a beanbag round on a subject exhibiting any of the criteria mentioned above are to effect investigative detention or arrest; control a subject who is in lawful custody; prevent an escape; or protect the officer, the subject, or another person from injury or death.
Legal Use of Force Policy, Crowd and Demonstration Management Policy, and Control Devices and Techniques Policy, First Amendment Assemblies Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.
Costs Initial Cost: $6 Each
Re-Occurring Costs: $0
Maintenance Costs: $0
Year Obtained: N/A
How was it Bought: Ione Police Department Budget
Required Training Officers that have been trained in the use of the beanbag shotgun undergo thorough classroom and live-fire training in its use. Additionally, officers trained in the use of the beanbag shotgun must pass annual qualifications to maintain proficiency.