ORDINANCE 2022- 002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING SAN PABLO POLICE DEPARTMENT POLICY 709, MILITARY EQUPMENT FUNDING,
ACQUISITION AND USE
THE CITY COUNCIL OF THE CITY OF SAN PABLO DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council of the City of San Pablo makes the following findings:
A. Assembly Bill 481 approved September 30, 2021 ( codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.) requires a local law enforcement agency, such as the San Pablo Police Department, to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment.
B. The San Pablo Police Department Policy 709, " Military Equipment Funding, Acquisition and Use Policy" (" Policy") is attached as Exhibit and incorporated into this Ordinance.
C. The Policy has been posted on the City' s website for at least 30 days starting on March 16, 2022.
D. The City Council has conducted a public hearing on the Policy during a regularly scheduled City Council meeting on April 18, 2022 and considered all written and verbal comments, as well as the report and presentation from staff.
E. The City Council has reviewed the Policy and finds that it meets the requirements of State law and is consistent with the City' s major policy goal, " Improve Public Safety," adopted by the City Council on March 1, 2021 pursuant to City Council Resolution 2021- 026.
F. The City Council determines that:
1. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Policy attached as Exhibit A and identified as San Pablo Police Department Policy 709 will safeguard the public' s welfare, safety, civil rights, and civil liberties.
Ordinance 2022- 002 Page 1
3. If purchasingthe equipment identified in the Policy, the equipment is reasonably cost effective compared to available alternativesthat can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 2. Approval of the Policy. The City Council of the City of San Pablo approves the San Pablo Police Department Policy 709, " Military Equipment Funding, Acquisition and Use Policy," attached and incorporated as Exhibit A into this Ordinance. In doing so, the City Council directs that:
a. Staff is authorized to request, seek funding, acquire, collaborate with other jurisdictions, anduse militaryequipmentconsistentwiththis Policy. b. Staff shall maintain the Policy on the Police Department' s website page. c. Annually, the Police Department shall hold a publicized community engagement meeting regarding the Policy and the Department's use of military equipment, pursuant to Cal. Gov't Code section 7072(b).
d. Annuallythe City Councilshall reviewthis Ordinance, the Policyand the annual militaryequipmentreportpreparedbythe PoliceDepartmentpursuantto Cal. Gov't Code section 7072 and determine by resolution, pursuant to Cal. Gov't Code section 7071 whether the use of the military equipment in the past year has complied with the Policy; and whether to continue the Ordinance and Policy or to take action by ordinance to modify such Policy or repeal the Ordinance.
SECTION 3. Severability. If any sections, subsections, sentences, clauses, phrases or portionsofthis Ordinancearefor anyreasonheldinvalidorunconstitutional, suchdecision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause of this Ordinance whether or not any one or more sections, subsections, phrases or clausesmaybe declaredinvalidor unconstitutionalon their face or as applied.
SECTION 4. CEQA. This Ordinance is not a project under CEQA pursuant to Guidelines Section 15378( b) (5): Organizational or administrative activities of governmentsthat will not result in direct or indirect physical changes in the environment. If a project, then the Ordinance is exempt from the provisions of the California Environmental Quality Act, CEQA), under CEQA Guidelines § 15061( b)( 3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Manageris directedto ensurethat a noticeof exemptionis filed immediately with the County Clerk.
ordinance 2022- 002 Page 2
San Pablo Police Department
San Pablo Police Department Policy Manual
Military Equipment Funding, Acquisition and Use
Policy
709. 1 PURPOSE AND SCOPE
The purposeof this policyis to provideguidelinesfor 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 (City of San Pablo City Council).
Military equipment — Includes but is not limited to the following:
Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine -resistantambush -protected (MRAP) vehicles or armoredpersonnel carriers.
High mobility multipurpose wheeled vehicles ( HMMWV), two -and -one - half -ton trucks, five -ton trucks, or wheeledvehiclesthat have a breachingor entryapparatusattached.
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.
Weaponizedaircraft, 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.
Firearmsandammunitionof . 50caliber orgreater, excludingstandard -issueshotguns and standard - issue shotgun ammunition.
Specializedfirearms and ammunitionof less than . 50 caliber, includingfirearms 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 accessorythat is designed to launch explosive projectiles.
Noise -flash diversionarydevices and explosive breachingtools.
Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.
TASER® Shockwave, microwaveweapons, water cannons, and long-range acoustic devices ( LRADs).
Kinetic energyweapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles).
Copyright t.exipol, LLc 2022103/16, All RightsReserved. ***DRAFT*** MilitaryEquipmentFunding, Acquisition and Published with permission by San PabloPolice DepartmentUse Policy -1
San Pablo Police Department
San Pablo Police Department Policy Manual
Military EquipmentFunding, Acquisition and Use Policy
Anyotherequipmentasdeterminedbya governingbodyor a stateagencyto require additional oversight.
709. 2 POLICY
ItisthepolicyoftheSanPabloPoliceDepartmentthatmembersofthisdepartmentcomplywith the provisionsof GovernmentCode § 7071 with respectto military equipment. Violations of this policybymember(s) oftheSanPabloPoliceDepartmentwillbeinvestigatedinaccordancewith SPPD policy # 1020.
709.3 MILITARY EQUIPMENT COORDINATOR
TheChiefof Policeshoulddesignatea memberofthisdepartmenttoactasthemilitaryequipment coordinator. Theresponsibilitiesofthemilitaryequipmentcoordinatorincludebutarenotlimitedto:
a) Actingas liaisonto theCityCouncilfor mattersrelatedto therequirementsofthis policy.
b) Identifyingdepartmentequipmentthat qualifiesas militaryequipmentin the current possessionoftheDepartment, ortheequipmenttheDepartmentintendsto acquire that requires approval by the City Council.
c) Conductinganinventoryof all militaryequipmentat leastannually. d) Collaboratingwith any allied agencythat may use militaryequipmentwithin the jurisdictionof SanPabloPoliceDepartment (GovernmentCode § 7071).
e) Preparingfor, scheduling, and coordinatingthe annual communityengagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparingfor publicquestionsregardingthedepartment's funding, acquisition, and use of equipment.
f) Preparingthe annualmilitaryequipmentreportfor submissionto the Chiefof Police (priorto submissiontotheCityCouncilpersection709.7) andensuringthatthe reportis made available on the departmentwebsite (GovernmentCode § 7072). 709. 4 MILITARY EQUIPMENT INVENTORY
Thefollowingconstitutesa listofqualifyingequipmentfortheSanPabloPoliceDepartment, as well as provideslegal and procedural rulesfor use and training requirements:
See attachment: SPPD Military EquipmentInventory.pdf
709. 5 APPROVAL OF THIS POLICY
The Chiefof Policeor the authorizeddesigneeshallobtainapprovalfromthe City Councilby wayofanordinanceapprovingthemilitaryequipmentpolicy. Aspartoftheapprovalprocess, the Chiefof Policeortheauthorizeddesigneeshallensuretheproposedmilitaryequipmentpolicyis submittedtotheCityCouncil, apublichearingisheld, andthepolicyisavailableonthedepartment Copyright Lexipoi, LLC 2022103/16. All Rights Reserved. *** DRAFT*** Military EquipmentFunding, Acquisitionand Publishedwith permissionby San PabloPoliceDepartment Use Policy - 2 San Pablo Police Department
San Pablo Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
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 City Council prior to engaging in any of the following ( Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seekingfunds for militaryequipment, including but not limitedto applyingfor a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 709. 6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providingmutual aid to this jurisdiction shall comply with their respectivemilitary equipment use policies in rendering mutual aid.
709. 7 ANNUAL REPORT
Upon approval of this military equipment policy, the Chief of Police or the authorized designee shouldsubmit a militaryequipmentreportto the City Council for each type of military equipment approvedwithin oneyear of approval, andannuallythereafter for as long asthe militaryequipment is available for use ( Government Code § 7072). In considering the annual report and ordinance annually, the City Council needs to consider whether it can continue to make the findings in California Government Code § 7071 ( d)( 1).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the precedingcalendaryear for each type of military equipment in departmentinventory. 709. 8 COMMUNITY ENGAGEMENT
Within 30 days of submittingand publicly releasingthe annual report, the Departmentshall hold at least one well -publicizedand conveniently located community engagement meeting, at which Copyright LeApol, LLC 2022103/16, AllRightsReserved. ***DRAFT*** MilitaryEquipmentFunding, Acquisition and Publishedwith permissionby San Pablo PoliceDepartment UsePolicy - 3
San Pablo Police Department
San Pablo Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709. 8. 1 COMMUNITY CONCERNS AND COMPLAINTS
The San Pablo Police Department has established a Community Concerns and Complaints process with forms available in English and Spanish. The community will have the ability to provide verbal concerns/ complaints over the telephone or in -person at the Police Facility ( SPPD policy 1020).
709. 9 CITY COUNCIL APPROVAL
Pursuant to California Government Code section 7071, the City Council of San Pablo approved this Policy pursuant to Ordinance # on , 2022. Further
substantive amendments to the Policy need to be reviewed and approved by the City Council.
Copyright Lexlpol, LLC 2022/ 03/ 16, All Rights Reserved. *** DRAFT*** Military Equipment Funding, Acquisition and Published with permission by San Pablo Police Department Use Policy - 4 San Pablo Police Department Policy Manual
Attachments
Copyright Lexipol, LLC 2022103116, All Rights Reserved. *** DRAFT*** Attachments - 5 Published with permission by San Pablo Police Department San Pablo Police Department Policy Manual
SPPD Military Equipment Inventory. pdf
Copyright Lexipol, LLC 2022/ 03116, al Rights Reserved. *** DRAFT " t't SPPD Military Equipment Inventory. pdf - 6
Published with permission by San Pablo Police Department San Pablo Police Department
Updated February 24, 2022
1. Unmanned Aerial Vehicles
a. Description, quantity, capabilities, and purchase cost:
The unmannedAerial Vehicle (UAV) is a battery powered, remote operated device. Flight time of approximately 30- 45 minutes per battery, dependingonweatherandflight conditions. The UAVhasalsoprovento be usefulto publicsafetyagenciesin firefighting, searchandrescue, pre- operational surveillance, and other tactical situationswhere aerial views enhancethesafetyandefficiencyof law enforcementandfire personnel. i. Nightingale Blackbird - Mobile UAV, cost $ 65,000, quantity: 1. ii. Nightingale Blackbird - Autonomous UAV, cost $ 50, 000, quantity: 1.
iii. Aardvark Tactical LOKI UAV, cost $ 4,000, quantity: 2. iv. DJI Mavick UAV, cost $ 500, quantity: 1.
b. Purpose:
To be deployed when its view would assist officers or incident commanderswiththefollowingsituations, whichincludebutarenot limited to:
i. Major collision investigations
il. EmergencyLife Threatening Situations
iii. Search for missing persons
iv. Natural disaster management
V. Crime scene photography
vi. SWAT, tactical or other public safety and life preservation missions
vii. In responseto specific requests from local, state or federal fire authorities for fire response and/ or prevention
c. Authorized Use:
Onlyassignedoperatorswhohavecompletedtherequiredtrainingshall bepermittedtooperateSanPabloPoliceDepartment's UAV's approved missions.
d. Expected Lifespan:
Nightingale Blackbird -Mobile UAV- 5 years.
Nightingale Blackbird - Autonomous UAV- 5 years.
Aardvark Tactical LOKI UAV- 5 years.
DJI Mavick UAV- 5 years
e. Fiscal Impact:
Annual maintenance cost of approximately $ 04500.
f. Training:
All Department UAV operators are licensed by the Federal Aviation Administrationfor UAV operation. UAV operatorstrain monthly in the use of the UAV' s.
San Pablo Police Department
Updated February 24, 2022
g. Legal and Procedural Rules:
Use is established under the FAA Regulation 14 CFR Part 107 and the San Pablo Police DepartmentUAV policy (SPPD policy #613). It is the policy of SPPD to utilize UAV only for official law enforcement purposes and ina mannerthatrespectsthe privacyof ourcommunity, pursuantto State and Federal law.
2. Armored Personnel Carrier
a. Description, quantity, capabilities, and purchase cost:
General Dynamics Dragoon 300 AFV, cost: $ 150,000, quantity: 1. This armored personnel carrierwas obtained from the UnitedStates Military through the 1033 Program ( via Hercules PD) and retrofitted for law enforcement use. The Dragoon is designed to withstand multiple bullet strikes from small arms fire as well as low level explosions. Equipped with emergency lights/siren and a public address system. Common uses for the Dragoon include citizen and officer rescues, evacuations, and the deployment of officers and chemical agents. The Dragoon is deployed for only SWAT operationsby members of the San Pablo Police Department SWAT team.
The acquisition of the Dragoon from the Hercules Police Department was approved by City Council on January 21, 2020, Resolution #2020- 001. 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 the Dragoonshall only be by authorized members of the San Pablo Police Department SWAT team who have been trained in the use of this vehicle.
d. Expected Lifespan:
50 years
e. Fiscal Impact:
Annual maintenancecost of approximately $1, 000
f. Training:
All driver/ operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules:
Use is establishedunder SPPD policy #706. It is the policy of this Department to utilize armored vehicles for official law enforcement purposes and pursuant to State and Federal law.
San Pablo Police Department
Updated February 24, 2022
3. Command and Control Vehicles
a. Description, quantity, capabilities, and purchase cost:
2008 Dodge Transport Van, cost: $ 30,000, quantity: 1. This vehicle is a large transport van modified to transport SWAT operators to critical incidents. The van is equipped with lights/siren and painted white in color. b. Purpose:
To be usedin responseto critical incidents to transport SWAT operators. c. Authorized Use:
The use of the van is limited to trained San Pablo Police Department SWAT team members.
d. Expected Lifespan:
10 years
e. Fiscal Impact:
Annual maintenance cost of approximately $ 1, 000
1. Training:
All driver/operators shall attend formalized instructionand be trained in vehicle operationsand practical driving instruction.
g. Legal and Procedural Rules:
Use is established under SPPD policy # 706. It is the policy of this Department to utilize the transport van for official law enforcement purposesandpursuantto Stateand Federallaw.
4. Command and Control Vehicles
a. Description, quantity, capabilities, and purchase cost:
2007 MTMVRTrailer- custom uplift by Odin Systems, cost: $28, 500, quantity: 1. Thistraileris a commandvehicleusedfortracking/monitoring critical incidents. The trailer is equipped with monitors, computers, dispatch radios and office equipment.
b. Purpose:
To be used in response to critical incidents.
c. Authorized Use:
The commandtrailershallbe usedby officerswhohavebeentrainedin its deployment and use.
d. Expected Lifespan:
20 years
e. Fiscal Impact:
Annual maintenance cost of approximately $ 1,000
f. Training:
All driver/operatorsshall attend a formalized instruction and be trained in vehicle operationsand practical driving instruction.
San Pablo Police Department
Updated February 24, 2022
g. Legal and Procedural Rules:
Use is established under SPPD policy #706. It is the policy of this Department to utilize the command vehicle for official law enforcement purposes and pursuant to State and Federal Law.
5. Specialized Firearms and Ammunition
a. Description, quantity, capabilities, and purchase cost:
Guns that are fired from shoulder level, having a long spirally grooved barrel intendedto make bullets spin and thereby have a greater accuracy over a long distance.
i. Colt AR- 15/M4 semi -automatic rifle for patrol use, cost 28,900, quantity: 34.
ii. Bushmaster M4 semi -automatic rifle for patrol use, cost 3,400, quantity: 4.
iii. Colt AR- 15/ M4 automatic rifle for SWAT use, cost $ 23, 940, quantity: 21.
iv. Remington 700 bolt - action rifle for SWAT use, cost $ 1, 950, quantity: 2.
V. Remington 870 breaching shotgun for SWAT use, cost $ 530, quantity: 1.
vi. Remington 870 bean bag shotgun, cost $ 15, 900, quantity: 30. vii. Penn Arms L140- 3 40MM launcher, cost $ 1,550, quantity: 2. viii. Defense Technology 40MM launcher, cost $ 775, quantity: 1 be Penn Arms PGL- 65- 40 40MM multi - launcher, cost $ 2, 690, quantity: 1.
X. Winchester 5.56x45mm 55 grain FMJ ammunition, cost
32, 852, quantity 43, 000 rounds.
A. Winchester 223 Remington 64 grain power point ammunition, cost $ 2,740, quantity: 5000 rounds.
xii. Federal . 308 Winchester 168 grain Gold Medal Sierra Matchking, cost $ 489, quantity: 500 rounds
Aii. Defense Technology Drag Stabilized Bean Bag round, 180, quantity: 30.
xiv. CTS 4557- 40MM Smokeless Sponge Baton round, $ 3, 482, quantity: 200.
b. Purpose:
To be used as precisionweapons 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, bean bag shotgun, breachingshotgun, and 40MM launcher.
d. Expected Lifespan:
Colt AR- 15/M4 rifle- 15 years
SECTION 5. Effective Date. This Ordinance shall become effective thirty ( 30) days following its adoption.
SECTION6. Publication. TheCityClerk's Officeshallpublishandpostthe Ordinancein accordance with California Government Code section 36933.
SECTION 7. Codification. The Ordinance shall not be codified in the San Pablo Municipal Code.
First read at a regularmeetingof the City Council of the City of San Pabloon April18, 2022andfinallypassedandadoptedat a regularmeetingof saidCityCouncil held on May 2, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pabon- Alvarado, Cruz, Ponce,
Pineda and Xavier
None
None
None
APPROVED:
Rita Xavier, Mayor
Ordinance 2022- 002 Page 3