Woodland City Council
April 19, 2022

82093.00006\35008319.2
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13. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:

If to City: City of Woodland
300 First Street
Woodland, CA 95695
Attn: City Manager
With a copy to:

Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Attn: Ethan Walsh
If to Developer: Kamilos Companies
11249 Gold Country Blvd., Suite 190
Gold River, CA 95670
Attn: Gerry Kamilos
The date of any notice or communication shall be the date of receipt, provided that rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any party may change its address for notice by giving notice to the other party in accordance with this Section 13.

14. Miscellaneous.
(a) Governing Law. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. (b) Binding Effect. This Agreement and the covenants and agreements herein contained shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, successors and assigns.
(c) Survival. The obligations of the parties to indemnify, protect, defend and hold harmless the other party shall survive the expiration or earlier termination of this Agreement. (d) Attorneys' Fees. Should either party bring an action against the other party, by reason of or alleging the failure of the other party with respect to any or all of its obligations hereunder, whether for declaratory or other relief, and including any appeal thereof, then the party which prevails in such action shall be entitled to its attorneys' fees (of both in-house and outside counsel) and expenses related to such action, in addition to all other recovery or relief.

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(e) No Third Party Beneficiary. The provisions of this Agreement are for the exclusive benefit of the parties and their successors and assigns, and shall not be deemed to confer any rights upon any person, except such parties, their successors and assigns. No obligation of a party under this Agreement is enforceable by, or is for the benefit of, any other third parties. (f) Interpretation. This Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. The captions in this Agreement are for reference only and shall in no way define or interpret any provision hereof.

Unless the context clearly requires otherwise: (i) the plural and singular shall each be deemed to include the other; (ii) the masculine, feminine, and neuter genders shall each be deemed to include the others; (iii) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (iv) “or” is not exclusive; (v) “include,” “includes,” and “including” are not intended to be restrictive, and lists following such words shall not be interpreted to be exhaustive or limited to items of the same type as those enumerated; and (vi) “days” means calendar days, except if the last day for performance occurs on a Saturday, Sunday, or any legal holiday, then the next succeeding business day shall be the last day for performance.
(g) Severability. If any provision of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the full extent permitted by law, provided the material provisions of this Agreement can be determined and effectuated. (h) Counterparts. This Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement.
(i) Authority; Execution. City represents that the person executing this Agreement on behalf of City is duly authorized to do so. Developer represents that the person executing this Agreement on behalf of Developer is duly authorized to do so. (j) Final Agreement; Amendment. This Agreement supersedes all previous oral and written agreements between and representations by or on behalf of the parties with respect to the subject matter hereof. This Agreement may not be amended except by a written agreement executed by both parties.

SIGNATURE PAGE TO DRAINAGE BASIN AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY:

CITY OF WOODLAND,
a municipal corporation

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By: _____________________________
Name: _____________________________
Its: _____________________________
Date: _____________________________
APPROVED AS TO FORM:

By: _______________________________
Ethan Walsh, City Attorney
DEVELOPER:
____________________________,
a _______________________
By: ______________________________
__________________
__________________
[end of signatures]

82093.00006\35008319.2
A-1
50221849.2

EXHIBIT A

PROPERTY DESCRIPTION
The land described herein is located in the State of California, County of Yolo, City of Woodland and is described as follows:

Parcel One: Parcels C and D as shown on Parcel Map No. 4600, filed for record December 28, 2005, in Book 2005 of Maps, Pages 215-216, Yolo County Records. APN's: 027- 210-035 and 027-210-036
Parcel Two: Parcel B, as shown on Parcel Map No. 4600, filed for record December 28, 2005, in Book 2005 of Maps, Pages 215-216, Yolo county Records. APN: 027-210-034 (attached)

82093.00006\35008319.2
B-1
50221849.2

EXHIBIT B

MAP DEPICTING PROPERTY AND CITY PROPERTY
(attached)

Map Title
Legend
COWGIS
Parcels
Notes
0 2000 4000 ft

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 19, 2022
ITEM #: J.15
SUBJECT: Military Equipment Use Ordinance

Recommendation for Action: Staff recommends that the City Council:

1.Hold a public hearing and receive public input on the Military Equipment Use Ordinance and the Woodland Police Department Military Equipment Use Policy; and

2.Introduce and conduct the first reading of Ordinance No. _____, an Ordinance of the City Council of the City of Woodland Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481.

Staff Contact
Anthony Cucchi, Deputy Chief, (530) 661-7816, [email protected]

Fiscal Impact
No fiscal impact.

Background
On September 30, 2021, Governor Newsom approved Assembly Bill (AB) 481. The bill states and requires a law enforcement agency 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. The bill also requires similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill allows 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 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type 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 specifies 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.

Discussion
California Assembly Bill 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council) by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the legislature.

The Woodland Police Department currently owns and deploys equipment, which is defined as military equipment per California Government Code 7070 (c). The City of Woodland is required to hold a public hearing to discuss the issue of military equipment. Per AB 481, the public has a right to know about any funding, acquisition, or use of military equipment by the Woodland Police Department, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. 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.

The Woodland Police Department is seeking the Council’s approval of the Military Equipment Use Policy and approval of military equipment purchased or acquired prior to January 1, 2022. Additionally, staff introduces an Ordinance of the City Council of the City of Woodland Military Equipment Use, which documents the procedures to fund or acquire military equipment for the Woodland Police department.

Conclusion

1.Hold a public hearing and receive public input on the Military Equipment Use Ordinance and the Woodland Police Department Military Equipment Use Policy; and

2.Introduce and conduct the first reading of Ordinance No. _____, an Ordinance of the City Council of the City of Woodland Adopting a Military Equipment Use Policy Pursuant to Assembly Bill 481.

Prepared by: Anthony Cucchi
Deputy Chief

Approved by: Derrek Kaff
Police Chief

Attachments:

1. Woodland Ordinance Adopting AB 481 Military Equipment Use Policy-Final 2022-04-19

2. Attachment - Military Equipment Use Policy 2022-04-19

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF WOODLAND ADOPTING A MILITARY

EQUIPMENT USE POLICY PURSUANT TO ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021 Governor Newsom signed Assembly Bill 481 (“AB 481”) into law which requires law enforcement agencies to adopt a military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law; and
WHEREAS, AB 481 requires adoption of the Policy by City Council before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the City must commence the process of adopting the Policy no later than May 1, 2022; and WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website of the Woodland Police Department (“Police Department”) at least thirty days prior to the public hearing by the City Council to adopt the Policy; and WHEREAS, once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is being considered as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

NOW, THEREFORE, the City Council of the City Of Woodland does ordain as follows:

SECTION 1. Recitals. The City Council hereby finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. 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.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, 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.

SECTION 3. Military Equipment Use Policy Adopted. In light of the findings in Section 2, and in accordance with AB 481, the Policy attached to this Ordinance as Exhibit “A” is hereby adopted by the City Council.

SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.

SECTION 7. Publication. The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary or 1/4 page advertisement of the same to be published as required by law.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Woodland, California, on the 19 th day of April 2022, and thereafter ADOPTED at a Regular Meeting of the City Council held on this 17 th day of May 2022, by the following vote to wit:

AYES:

NOES:

ABSENT

APPROVED
___________________________________
Mayra Vega, Mayor
ATTEST:
___________________________________________________________ Ana Gonzalez, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
___________________________________________________________ Ethan Walsh, City Attorney

Exhibit “A”
Military Equipment Use Policy
[Attached behind this page]

Policy
706
Woodland Police Department
Woodland PD Policy Manual
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy")is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481"). (California Government Code § 7070; et seq.).
706.1.1 DEFINITIONS
Definitions related to this Policy include those provided inGovernment Code Section7070 and as follows:

Governing body – City of Woodland City Council ("City Council") 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 Section 30510 and Penal Code Section 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by City Council or a state agency to require additional oversight.

Woodland Police Department
Woodland PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the Policy of the City of Woodland ("City") that members of the Woodland Police Department("Department") comply with the provisions of AB 481, with request to the funding, acquisition and use of military equipment.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of thedepartment 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 City Council for matters related to the requirements of this Policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting; and

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and City Council and ensuring that the report is made available on the department website.
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying equipment for the Department is attached to this Policy as Exhibit "A" abd incorporated into the Policy by this reference:

See attachment: Woodland_ Military Equipment List (Final Draft).pdf 706.4.1 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 25% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs.

Woodland Police Department
Woodland PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Military Equipment - 3 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure this Policy is submitted to the City Council and is available on the department website at least thirty (30) days prior to any public hearing concerning the adoption of the Policy. The Policy must be approved by the City Council prior to engaging in any of the following :
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the 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. 706.6 MILITARY EQUIPMENT USE CONSIDERATIONS
(a) The military equipment acquired and authorized by the Department is:

1. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(b) 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. 706.7 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 providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

The Department participates with the Yolo County Regional SWAT Team and works closely with local, county, state, and federal partners. In exigent circumstances and with the approval

Woodland Police Department
Woodland PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Military Equipment - 4 of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition or use to the City Council within thirty (30) days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.

While this procedure is wide-ranging, it is not all-inclusive. There may be instances wherein exigent circumstances demand the need for Incident Commanders to authorize military equipment to be used in a manner not outlined within this policy. 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. 706.8 ANNUAL REPORT
Upon approval of the Policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

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 section § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.9 COMPLIANCE
(a) Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time.

Violations of the law or this Policy may result in criminal or administrative investigations and/or actions.
(b) Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this Policy and how the military equipment is used by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (530) 661-7800

3. Via mail to: Woodland Police Department Attn: Military Equipment Coordinator 1000 Lincoln Avenue Woodland, California 95695
The Department is committed to responding to complaints, concerns, and questions received through any of the above methods in a timely manner.
706.10 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at

Woodland Police Department
Woodland PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Military Equipment - 5 which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Woodland PD Policy Manual
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Attachments - 6 Attachments

Attachment
Woodland PD Policy Manual
Copyright Lexipol, LLC 2022/03/28, All Rights Reserved.

Published with permission by Woodland Police Department ***DRAFT*** Woodland_ Military Equipment List (Final
Draft).pdf - 7
Woodland_ Military Equipment List (Final Draft).pdf
Woodland_ Military Equipment List (Final Draft).pdf

EXHIBIT “A”

MILITARY USE EQUIPMENT LIST

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC MINI 2, cost: $500 each, quantity: 3. Miniature UAS that weighs less than 249 grams and is able to record video with approximately 30 minutes of flight time.
ii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: $6,500 each, quantity: 1. UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs less than 6,000 grams with approximately 30 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
a. major collision investigations.
i. search for missing persons.
ii. natural disaster management.
iii. crime scene photography.
iv. SWAT, tactical or other public safety and life preservation missions. v. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the UAS during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $1,500. f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 16-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107 and the Woodland Police Department UAS policy 444. It is the policy of the Woodland Police Department (“WPD”) to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Mine-Resistant Ambush-Protected (MRAP) vehicle: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

a. Description, quantity, capabilities, and purchase cost i. The MRAP Maxx Pro cost: approximately $500,000.00, but received from the military at no cost, quantity: 1. The MRAP is an armored vehicle that seats 8 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. It was painted and outfitted with decals, lights and siren to match the department’s police vehicles.
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. Lifespan
MRAP Maxx Pro, 25 years.
e. Fiscal Impact
Annual maintenance cost of approximately $4961.
f. Training
The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing. Drivers must obtain a Class B driver’s license. g. Legal and Procedural Rules
Use is established under General Order 410. 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. S.W.A.T. Command and Storage Vehicle: A vehicle that carries S.W.A.T. Equipment, and had large boards for operational planning.
a. Description, quantity, capabilities, and purchase cost 2007 Ford Utlimaster (custom built) vehicle, cost: $ 52,000.00 quantity: 1. The vehicle can also be utilized for SWAT/CNT and other critical incidents. b. Purpose
To be used for S.W.A.T. training and other critical incidents where S.W.A.T. is needed. c. Authorized Use
The vehicle used by officers who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. d. Lifespan
The vehicle has a 30 year lifespan on chassis and vehicle structure.

e. Fiscal Impact
Annual maintenance cost is approximately $1,709
f. Training
The operator will drive the vehicle throughout the city with an experienced driver, until comfortable driving alone.
g. Legal and Procedural Rules
It is the policy of the Department to use the vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

4. Crisis Negotiation Team (CNT) Vehicle: A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems on extended events. a. Description, quantity, capabilities, and purchase cost 1980 Chevy Pannel truck (custom built) vehicle, cost: $1000.00, quantity: 1. The CNT vehicle can be utilizedith SWAT/CNT callouts. The vehicle was purchased used in 1999 and is overdue for replacement. The replacement cost is around $50,000.00 fully equipped.
b. Purpose
To be used based for C.N.T. training and other critical incidents where C.N.T. is needed. c. Authorized Use
The CNT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.
d. Lifespan
The CNT vehicle has a 30-year lifespan on a chassis and vehicle. e. Fiscal Impact
Annual maintenance, $1,652
f. Training
The operator will drive the vehicle throughout the city with an experienced driver, until comfortable driving alone.
g. Legal Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.

5. 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. LEWIS MACHINE & TOOL Co. 40MM SINGLE SHOT LAUNCHER, cost $ 1000.00 Quantity: 1. The 40MM Single Launcher is a tactical single shot launcher that is equipped with a EOTECH sight, a TLR-1 light and sling. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a

40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.
ii. DEF TECH 40 MM SINGLE SHOT LAUNCHER Model 1327 cost $ 1000.00 Quantity: 5. The 40MM Single Launcher is a tactical single shot launcher that is equipped with a M3 light and sling. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.
iii. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $30, quantity:

21. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft/lbs of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING (GREEN), #6326, cost:
$30.30 quantity: 12. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 40 gram crushable foam projectile delivers 120 ft/lbs of energy upon impact. The 40mm Direct Impact marking round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
v. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT, #6325, cost: $28.65, quantity:

9. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 30 gram crushable foam projectile delivers 120 ft/lbs of energy upon impact. The 40mm Direct Impact marking round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. vi. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT LE EXTENDED RANGE, #6325LE, cost: $30.30, quantity: 10. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 41 gram crushable foam projectile delivers 120 ft/lbs of energy upon impact. The 40mm Direct Impact marking round provides accurate and effective performance when fired from the approved distance of not less than thirty-three (33) feet and as far as 233 feet from the target.

vii. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322, cost: $30.30, quantity: 3. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 40 gram crushable foam projectile delivers 120

ft/lbs of energy upon impact in addition to dispersion of 3 grams of OC irritant.

The 40mm Direct Impact marking round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.

viii. DEFENSE TECHNOLOGY, 40 MM WARNING / SIGNALING (50 meters), #6028WS, cost:$43.60, quantity: 4. The 40mm Aerial Warning/Signaling Munition, 50 meters, is intended for use in situations where stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.

ix. DEFENSE TECHNOLOGY, 40 MM WARNING / SIGNALING (100 meters), #6029WS, cost: $43.60, quantity: 2. The 40mm Aerial Warning/Signaling Munition, 100 meters, is intended for use in situations where stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels.

Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.

x. DEFENSE TECHNOLOGY, 40 MM CS WARNING / SIGNALING (100 meters), #6029CS, cost: $45.60, quantity: 6. The 40mm Aerial Warning/Signaling Munition, 100 meters, is intended for use in situations where stand-off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels.

Launched from a 40mm platform, the munitions deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions, and releases 1.8 grams of CS. A tactile feature on the nose of the cone indicates the designated distance.

xi. DEFENSE TECHNOLOGY, 40 MM FERRET OC (liquid), #1260(no longer manufactured – replacement is part# 2260), cost: $28.90, quantity: 44. The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

xii. DEFENSE TECHNOLOGY, 40 MM FERRET CS (powder), #1292 (no longer manufactured) – replacement is part# 2292), cost: $27.85, quantity: 39. The Ferret® 40 mm Barricade Penetrating Round is filled with a CS powder chemical

agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.

xiii. DEFENSE TECHNOLOGY, 40 MM FERRET CS (liquid), #2262, cost: $28.15, quantity: 6. The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

xiv. DEFENSE TECHNOLOGY, 40 MM SPEDE-HEAT CS, #6182, cost: $30.65, quantity:

26. The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

xv. DEFENSE TECHNOLOGY, 40 MM SPEDE-HEAT SAF-SMOKE, #6183, cost: $27.85, quantity: 3. The Spede-Heat™ Saf-Smoke™ Long Range Munitions is designed to deliver one chemical canister of Saf-Smoke™ payload down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede- Heat 40 mm is designed for outdoor and has a maximum effective range of 150 yards.

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. Training

Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agents instructors.
e. Lifespan
i. LEWIS MACHINE & TOOL Co. 40MM SINGLE SHOT LAUNCHER – 25 years ii. DEF TECH 40 MM SINGLE SHOT LAUNCHER Model 1327 – 25 years iii. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320 – 5 years iv. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING (GREEN), #6326 – 5 years
v. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT, #6325 – 5 years vi. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT LE EXTENDED RANGE, #6325LE, - 5 years
vii. DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS, #6322 – 5 years viii. DEFENSE TECHNOLOGY, 40 MM WARNING / SIGNALING (50 meters), #6028WS – 5 years
ix. DEFENSE TECHNOLOGY, 40 MM WARNING / SIGNALING (100 meters), #6029WS – 5 years
x. DEFENSE TECHNOLOGY, 40 MM CS WARNING / SIGNALING (100 meters), #6029CS – 5 years
xi. DEFENSE TECHNOLOGY, 40 MM FERRET OC (liquid), #1260(no longer manufactured – replacement is part# 2260) – 5 years
xii. DEFENSE TECHNOLOGY, 40 MM FERRET CS (powder), #1292 (no longer manufactured) – 5 years
xiii. DEFENSE TECHNOLOGY, 40 MM FERRET CS (liquid), #2262 – 5 years xiv. DEFENSE TECHNOLOGY, 40 MM SPEDE-HEAT CS, #6182 – 5 years xv. DEFENSE TECHNOLOGY, 40 MM SPEDE-HEAT SAF-SMOKE, #6183 – 5 years f. Fiscal Impact
Annual maintenance is approximately $25 for each launcher. g. Legal and Procedural Rules
Use is established under General Order 300 and 303. It is the policy of the WPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. Noise Flash Distraction Devices: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Description, quantity, capabilities, and purchase cost i. Safari Land #8901 Distraction Device reload steel collar, cost $34.65, quantity:

32. A non-bursting, non-fragmenting multi-bang device that produces a loud bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. ii. Safari Land #8933 Distraction Device low roll body, cost $ 52, quantity: 10. This body holds the above distraction device which can be reloaded. b. Purpose

Noise/flash distraction devices (NFDD) are less lethal weapons used to facilitate an effective resolution to assaultive or high risk situations where disorienting or moving an individual or group of people, to effect an arrest or clear an area, is desired. c. Authorized Use
Noise Flash Diversionary Devices shall only be used:
iii. By officers who have been trained in their proper use. iv. In hostage and barricaded subject situations.
v. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
vi. During other high-risk situations where their use would enhance officer safety. vii. During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
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 General Order 407. It is the policy of the WPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

7. Rifles: Guns 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. a. Description, quantity, capabilities, and purchase cost i. ARMALITE, 7.62 CALIBER RIFLE, MODEL AR-10, COST: $2000.00, quantity: 1.

This rifle is equipped with a scope, sling and bi-pods. It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. ii. COLT, .223 CALIBER RIFLE, MODEL AR-15, COST: $1000.00, quantity: 1. This rifle allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol.
iii. SMITH & WESSON, 5.56 mm RIFLE, MODEL M&P 15, COST $2000.00, quantity: 1.

It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. The rifle is capable of firing both 5.56 mm or .223 caliber ammunition. iv. COLT, 5.56mm, MODEL: M16A1, received from the military at no cost (replacement cost of $2000.00 each). Quantity: 6. It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer

better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. The rifle is capable of firing both 5.56 mm or .223 caliber ammunition. v. COLT, 5.56mm, MODEL: M16A1, received from the military at no cost. (Replacement cost of approximately $1400.00 each) Quantity 2. It is a short barreled rifle converted to simmunitions (marking paint) to use for training purposes only.
vi. COLT, 5.56, MODEL M16A2, COST $2000.00, quantity: 4. It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. The rifle is capable of firing both 5.56 mm or .223 caliber ammunition. vii. REMINGTON, .308 CALIBER RIFLE, MODEL 700, COST $3000.00, quantity: 2. This rifle is equipped with a scope, sling and bi-pods. This rifle is a very highly accurate, used primarily in an over-watch capacity to protect the community during large events and for hostage rescue situations.
viii. BERGARA, 6.53CM mm RIFLE, MODEL, PREMIER, COST $3500.00, quantity: 1.

This rifle is equipped with a scope, sling and bi-pods. This rifle is a very highly accurate, used primarily in an over-watch capacity to protect the community during large events and for hostage rescue situations.
ix. COLT LAW ENFORCMENT 5.56 mm RIFLE, MODEL CARBINE, Cost: $2000.00, quantity 27. It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. The rifle is capable of firing both 5.56 mm or .223 caliber ammunition.
x. BUSHMASTER 5.56 mm RIFLE, MODEL M4, Cost: $2000.00. It is a short-barreled rifle, equipped with a red dot sight, light and sling which allows a trained officer better control with greater accuracy than a pistol. It is used in instances to engage a suspect at greater distances than the capability a pistol. The rifle is capable of firing both 5.56 mm or .223 caliber ammunition. xi. HORNADY DUTY .223 CALIBER 60 GRAIN RIFLE ROUND, cost: $185.00 per case of 200, quantity 50 cases.
xii. WINCHESTER TRAINING .223 CALIBER, 55 GRAIN RIFLE ROUND, cost: $314.20 per case of 1000, quantity 19 cases
xiii. FRONTIER TRAINING .223 CALIBER, 55 GRAIN RIFLE ROUND, cost: $185.00 per case of 500, quantity 12 cases
xiv. HORNADY DUTY, 6.53CM mm, 147 GRAIN MTAP RIFLE ROUND, cost:
$ 270.00 per case of 200, quantity 5 cases.
xv. HORNADY DUTY, 6.53CM mm, 140 GRAIN GMX RIFLE ROUND, cost:
$ 340.00 per case of 200, quantity 1 cases.
xvi. HORNADY DUTY, .308 CALIBER, 155 GRAIN ELD RIFLE ROUND, cost: $250.00 per case of 200, quantity 11 cases.

xvii. HORNADY DUTY, .308 CALIBER, 165 GRAIN GMX TAP RIFLE ROUND, cost:
$380.00 per case of 200, quantity 2 cases.

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 officers that have received department training are authorized to use a rifle. d. Lifespan
Colt Law Enforcement 5.56 carbine rifle- 15 years.

Bushmaster M4 5.56 rifle – 15 years.

Hornady Duty .223, 60 grain rifle round – no expiration.

Winchester Training .223, 55 grain rifle round – no expiration.

Frontier Training .223, 55 grain rifle round – no expiration.

Hornady Duty, 6.53CM mm, 147 grain mtap rifle round – no expiration.

Hornady Duty, 6.53CM mm, 140 grain gmx rifle round - no expiration.

Hornady Duty, .308 caliber, 155 grain eld rifle round – no expiration.

Hornady duty, .308 caliber, 165 grain gmx tap rifle round – no expiration. e. Fiscal Impact
Annual maintenance is approximately $25 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 once a year.
g. Legal and Procedural Rules
Use is established under General Order 306. It is the policy of the WPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

8. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE, CS, #1016, cost: $28, quantity: 16. 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 in. in size, it easily fits in most tactical pouches. Though this device is slightly over four inches length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. ii. DEFENSE TECHNOLOGY, HAN-BALL GRENADE, CS, #1092, cost: $40.75, quantity:

3. The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuse head, and 3.1 in. diameter. This launch-able grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball.

iii. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CHEMICAL GRENADE, CS, #1072, cost: $33.05, quantity: 24. The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This hand held, outdoor use grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. iv. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE, #1032, cost:
$46.25, quantity: 39. The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless 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 Tri- Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless 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.
v. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE, #1082, cost: $29.30, quantity: 16. 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 route a crowd. The volume of smoke and agent is vast and obtrusive. This launch-able grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.
vi. DEFENSE TECHNOLOGY, TRIPLE CHASER SEPARTING CANISTER, CS, #1026, cost:
$52.35, quantity: 9. The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
vii. DEFENSE TECHNOLOGY, INSTANTANOUS BLAST CS, #1042, cost: $54.60, quantity: 4. The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. This device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind

to the advantage. This 6.12 in. by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent.
viii. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER OC GRENADE, #1030, cost:
$49.00, quantity: 4. Designed for law enforcement and corrections, the OC Flameless Tri-Chamber Pyrotechnic Grenade combines the effectiveness of Oleoresin Capsicum (OC) as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. The OC Flameless Tri-Chamber Grenade can be used in crowd control, or barricade situations, as a less lethal solution to incapacitate subjects through temporary respiratory discomfort, while reducing or negating the chance of fire to structures. The Tri- Chamber Flameless 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 Tri- Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless 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.
ix. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056, cost: $50.15, quantity: 2. The Defense Technology® OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor-use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic, yet requires minimal decontamination. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired.
x. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1073, cost: $42.15, quantity: 22. The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 1.5 – 2 minutes through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This grenade is 6.0 in. by 2.6 in. and holds approximately 2.9 oz. of active agent. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Dangerous and/or combative individuals.
ii. Hostage situation or barricaded suspects.

iii. Riot/crowd control and civil unrest incidents.
iv. Circumstances where a tactical advantage can be obtained. v. Potentially vicious animals.
vi. Training exercises or approved demonstrations.
c. Authorized Use
Only SWAT officers who have received training in the use chemical agents are authorized to use chemical agents.
d. Training
Sworn SWAT Officers utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.
e. Lifespan
5 years from manufacturing date.
f. Fiscal Impact
No annual maintenance.
g. Legal and Procedural Rules
Use is established under the WPD SWAT Manual. It is the policy of the WPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

9. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost i. ROYAL REMINGTON 870 EXPRESS BREACHING SHOTGUN, cost: $500, quantity:

1. This weapon allows for breaching officers 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 can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). ii. ROYAL ARMS TESAR-1 ORANGE CAP 275 GRAIN COPPER FRANGILBE BREACHING ROUND, cost: $5 per round, quantity: 15. The round is fired from a breaching shotgun and is used to destroy solid and hollow wood doors, locks and hinges. iii. ROYAL ARMS TESAR-2 BACK CAP 425 GRAIN COPPER FRANGILBE BREACHING ROUND, cost: $5 per round, quantity: 10. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. iv. ROYAL ARMS TESAR-3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND, cost: $5 per round, quantity: 15. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. v. ROYAL ARMS TESAR-4 YELLOW CAP 750 GRAIN COPPER FRANGIBLE BREACHING ROUND, cost: $5 per round, quantity: 15. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. vi. ROYAL ARMS HP CUTTER 12 GAUGE HOLLOW POINT REBAR CUTTER BREACHING ROUND, cost: $6 per round, quantity: 10. The round is fired from a breaching

shotgun and is used to cut rebar, penetrate security glass, car doors, and can penetrate engine blocks.
i. ROYAL ARMS MB-70S 12 GAUGE MUZZLE BLAST FLASH BANG SOFT BREACHING ROUND, cost: $6 per round, quantity: 29. The round is fired from a breaching shotgun and is used as a diversionary round and can be used to break glass. 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. Lifespan
Breaching Shotgun- 25 years
Royal Arms Tesar-1 orange cap 275 grain copper breaching round – 5 years Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years Royal Arms Tesar-3 green cap 375 grain clayvon frangible breaching round- 5 years Royal Arms Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years Royal Arms HP cutter 12-gauge hollow point rebar cutter breaching round- 5 years Royal Arms MB-70S 12-gauge muzzle blast flash bang soft breaching round- 5 years e. Fiscal Impact
Annual maintenance is approximately $50.
f. Training
All SWAT 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 WPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 19, 2022
ITEM #: K.16
SUBJECT: Contract for Professional Architectural & Engineering Design Services with LPA, Inc. for the Southeast Area Aquatic Center Project, CIP #19-18

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, 1) Appropriating $1,500,000 of Measure J funds to the Southeast Area Aquatic Center Project, CIP #19-18 in FY 2022; 2) Authorizing the City Manager to execute a Consultant Agreement with LPA, Inc. in an amount not to exceed $1,050,000 and approve a contract contingency for 10% ($105,000) for the design of the Southeast Area Aquatic Center Project, CIP #19-18.

Staff Contact:

Ed Wisniewski, Senior Civil Engineer, (530) 661-5975, [email protected]

Fiscal Impact:

The project is currently funded with $15,000 in General Capital Funds (Fund 501) and $250,000 in Measure J Funds. In September 2018, the City Council approved a Joint Use Agreement (JUA) with the Woodland Joint Unified School District (WJUSD) to reserve 2.5 acres of property on Pioneer Avenue, adjacent to Pioneer High School, for the future Aquatic Center. The JUA committed the City to an up-front payment of $250,000 to reserve the land, which was paid for with Measure J funds. The City has also reserved $1.75 million in additional Measure J funds to be used for the pool project.

The funding allocated within this Council item will cover design, permitting, and project management costs. Measure J funds previously reserved for this project are the proposed funding source for the design phase.

Staff has been working to identify a funding framework to pay for the entire pool project. Funding sources identified to contribute to the overall project consist of Spring Lake Parks Funds, Measure J, Measure F, American Rescue Plan (ARP) Act Funds, general-purpose fees collected through various development agreements, general fund reserves and community fundraising. The original target for overall project funding was $10.5 million. Based on inflation and other market conditions, total project costs, with expected construction in 2024, are now projected to be between $13 million and $15 million. Although the funding sources and strategies identified fall short of the expected overall project costs, staff is recommending that the City proceed with the design phase of the project and return to Council when the project design is complete, with a refined construction cost estimate and a comprehensive plan for total project funding.

Background:

The City currently operates one municipal pool, the Charles Brooks Community Swim Center, located adjacent to Woodland High School. The City Council has identified completion of a second community pool as a priority goal. Once the site of the new pool was secured through execution of the Joint Use Agreement, focus shifted to confirmation of project scope and development of a financing plan to advance the project. On August 17, 2021, the City Council appointed a subcommittee to work with staff to confirm the recommended project scope and budget.

In fall 2021, the Council subcommittee and staff confirmed that the preferred project scope would include a 10- lane competition swimming pool, a recreational pool with play features and shallow lanes for learn-to-swim activities, an approximately 4,500 square foot support building (with ticket center/office, locker rooms,

restrooms, lifeguard/staff room, mechanical room, chemical storage), and other landscaping/site improvements (see attached conceptual design). At that time, the project cost associated with the preferred scope was estimated at $10.5 million.

Discussion:

With the preferred project scope and budget confirmed, staff moved forward with selecting a consultant to design the project. LPA, Inc. was selected to provide architectural and engineering design services for the project through a competitive process. Staff issued a Request for Qualifications (RFQ) on January 7, 2022 and received nine proposals on February 4, 2022. A consultant selection committee was formed and the proposals were reviewed and ranked. The top four firms were brought in for interviews. LPA received the highest ranking in both the proposal and interview stages of the selection process. The LPA team has designed more than 50 aquatic facilities in California and across the country.

Construction is expected to begin in Spring 2024. Since a significant portion of the overall project funding is based on revenues generated through development fees, delaying construction to 2024 will allow time to ensure that development rates continue as currently forecasted. Even with the additional time to allow for collection of these development related revenues, a funding shortfall to execute a construction contract in early 2024 still exists. Staff is working on identifying potential options to fully fund the project in 2024, and to ensure adequate cash has been identified to cover the construction costs. These funding options will likely include borrowing from other City funds, with repayment expected from future development revenues. Construction duration is currently estimated at approximately 12 months, meaning the new aquatic center would open to the public for the 2025 spring/summer season.

Over the course of negotiations with LPA, it became apparent that previous cost estimates needed to be re- evaluated given the current inflationary concerns that all construction projects are currently facing. Total project costs are now estimated at approximately $15 million, which considers escalating construction costs to the mid-point of construction (end of calendar year 2024). Fees for architectural design services are typically based on a percentage (9-13%) of the total estimated construction cost. At this time, staff is still negotiating the final fee for LPA’s services, but current progress suggests that the City and LPA can come to an agreement for a contract not to exceed $1.05 million, which represents approximately 9% of the currently estimated construction cost of $12 million.

The initial phase of the design scope of services includes programming confirmation and conceptual planning. In this predesign phase, LPA will work with the City to confirm that the project scope and budget are adequate to meet the programming goals established during previous project feasibility studies. Upon completion of program confirmation/conceptual plan efforts, LPA will prepare schematic design documents consisting of drawings and other documents illustrating the general scope, scale, and relationship of project components for City approval. The schematic design phase will set the basis for design development and construction document preparation.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, 1) Appropriating $1,500,000 of Measure J funds to the Southeast Area Aquatic Center Project, CIP #19-18 in FY 2022; 2) Authorizing the City Manager to execute a Consultant Agreement with LPA, Inc. in an amount not to exceed $1,050,000 and approve a contract contingency for 10% ($105,000) for the design of the Southeast Area Aquatic Center Project, CIP #19-

18. Prepared by: Ed Wisniewski, Senior Civil Engineer

Reviewed by: Brent Meyer, City Engineer/CDD Director

Attachments:

1. Resolution

2. Location Map

3. Conceptual Plan

82093.00298\29830144.2
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT

AGREEMENT FOR PROFESSIONAL ARCHITECTURAL & ENGINEERING DESIGN SERVICES WITH LPA, INC. FOR THE SOUTHEAST AREA AQUATIC CENTER PROJECT, CIP 19-18
WHEREAS, City-commissioned studies previously conducted to assess current and future aquatic program needs identified the need for a second aquatics facility to support both competitive and recreational swimming programs and activities; and
WHEREAS, on September 4, 2018, the City Council approved a Joint Use Agreement (JUA) with the Woodland Joint Unified School District (WJUSD) to reserve 2.5 acres of property on Pioneer Avenue, adjacent to Pioneer High School, for a future Aquatic Center; and WHEREAS, on August 17, 2021, the City Council appointed an ad-hoc subcommittee who subsequently worked with City staff to confirm the recommended project scope and budget identified in prior feasibility studies; and
WHERAS, on January 7, 2022, a request for qualifications (RFQ) was advertised and on February 4, 2022, staff received 9 statements of qualifications; and WHEREAS, LPA, Inc. was selected through the competitive quality based selection process; and
WHEREAS, LPA, Inc. is experienced with the design of aquatic facilities; and WHEREAS, LPA, Inc. will complete the design including: programming confirmation & conceptual plan, schematic design, design development, preparation of construction documents, permitting assistance, bidding assistance, and construction observation; and WHEREAS, the City Council wishes to appropriate $1,500,000 in Measure J funds to cover the LPA contract, project management, and permitting costs; and WHEREAS, the City Council wishes to approve this Agreement and authorize its execution through the adoption of this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:

Section 1. The City Council hereby authorizes the appropriation of $1,500,000 in Measure J funds for advancing the Southeast Area Aquatic Center Project (CIP 19-18) to support payment of the Professional Design Services Contract with LPA, Inc.

Section 2. The City Council hereby authorizes the City Manager to execute a consultant services agreement with LPA, Inc. in an amount not to exceed $1,050,000, and approves a ten

82093.00298\29830144.2
percent (10%) design contingency in the amount of $105,000, for Professional Architectural & Engineering Design Services for the Southeast Area Aquatic Center Project (CIP 19-18). The City Attorney is hereby authorized to make clarifying and confirming changes so long as the total dollar amount authorized in the Agreement is within the Council authorization.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular City Council meeting held on the 19th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayra Vega, Mayor
ATTEST:
_____________________________
Ana B. Gonzalez, City Clerk

E GIBSON RD

POOL PROJECT

PIONEER AVE

HARRY LORENZO AVE

FARMERS CENTRAL ROAD

PARKLAND AVE
STATE ROUTE 113PIONEER HIGHSCHOOL

FARMERS CENTRAL ROAD

PIONEER AVEGALVIN WAY

SOUTHEAST AREA AQUATIC COMPLEXLOCATION MAP
NSWE

WOODLAND AQUATIC CENTER

AQUATIC FACILITY INFORMATION
• Site Program: 2 Acres
• Building Program: 6,200 SF
- Office
- Locker Dressing Room
- Staff / Lifeguard R oom
- Mechanical Room
- Chemical Storage
- Custodial Closet
• Swimming Pool Program: 5,737 SF
- 10 Lanes Lap Swim
- 8 Lanes Competition Swim
- Shallow Learn to Swim
- Recreation Swim Area
- ADA Accessible
- Depths: 3’-6” to 13’-0”
• Activity Pool Program: 3,996 SF
- Zero-Depth Beach-Type Entry
- Interactive Water Play
-Instructional Stairs
- Fitness Class
- Learn to Swim
- Recreation Swim
- Depths: 0’-0” to 3’-6”

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FUTURE DEVELOPMENT

RECREATION AND TEAM TURF AREA

ATTACHMENT A
4,500

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: April 19, 2022
ITEM #: K.17
SUBJECT: Resolution of Intention to Establish Woodland Tourism Business Improvement District

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, declaring its intention to establish a business improvement area in the City of Woodland to be designated as the Woodland Tourism Business Improvement District (“WTBID”) under the Parking and Business Improvement Area Law of 1989 and setting a time and place of a hearing to consider the establishment of such area.

Staff Contact:

Ken Hiatt, City Manager, (530) 661-5802, [email protected] Fiscal Impact:

The purpose of the Woodland Tourism Business Improvement District is to maintain and increase market share and occupancy of Woodland hotels, resulting in continued and enhanced transient occupancy tax and other visitor-supported revenues. Other than administrative support and collections, there are no costs to the City of Woodland associated with the establishment of the Woodland Tourism Business Improvement District.

Background:

Tourism promotion is a specific purpose named in California Business Improvement District (BID) law. A BID is a benefit district where an industry or area assesses itself to spend collective funds on goals for mutually-beneficial purposes. BIDs are frequently used by hotels to fund tourism marketing and promotion efforts. Through BID self-assessment, business owners collectively pay for activities which could not be afforded by any single business and which serve to champion a destination area, as opposed to typical marketing efforts designed to promote an individual business.

The Parking and Business Improvement Area Law of 1989 under the California Streets and Highway Code sets forth specific actions to renew Business Improvement Districts annually. State law makes it clear that BID assessments are not taxes.

Since a BID fee is a benefit assessment and not a tax, BIDs are able to pay for programs and activities without relying on public funding. Tourism BIDs (TBID) can provide destination marketing in ways distinctly different from municipal governments or individual businesses. TBIDs are public-private partnerships which benefit both destination cities and businesses located in those cities. BIDs are an effective financial tool available to the business community through cooperation with local government, as outlined in State law.

Yolo County Visitor’s Bureau (dba Visit Yolo)
For the past 5-years the Woodland hotels have been part of Visit Yolo (Yolo County Visitor’s Bureau), a countywide tourism district including the cities of Woodland, Winters, Davis, and unincorporated areas of Yolo County. In the fall of 2021, Woodland hoteliers sent a letter indicating their desire to no longer participate in the countywide district, and instead favored the formation of a Woodland-focused tourism business improvement district.

Prior to the establishment of the countywide bid 2017, Woodland had a hotel business improvement district which leveed a 2% assessment on overnight hotel stays. The proceeds from the assessment were collected by the City and sent to the Yolo County Visitor’s Bureau who administered the funds.

The current countywide assessment is set at 2% of the per night room rate and proceed are used to collectively brand and promote tourism within Yolo County as well as the individual destination markets of Davis, Woodland, Winters and the countryside. The City collects the Woodland assessments, on behalf of the TBID, as a separate line item on the hotel’s monthly transient occupancy tax transmittals. Subsequently, the City transmits TBID funds to the Visit Yolo non-profit to spend on TBID eligible activities that are identified in a management district plan and annual report to the County. Approximately 40% of the assessments collected by each jurisdiction are reserved for promoting visitation within the respective communities, while the remaining 60% of funds collected are used for administration and countywide marketing efforts. As the current assessment area covers multiple jurisdictions, the Board of Supervisors is the approving body for the assessment and annual reports.

Discussion:

At the conclusion of the current 5-year countywide assessment on June 30, 2022, hotels within the City of Woodland have indicated that they would no longer like to be included in that business improvement district and have voted not to be included in any renewal being considered. Alternatively, they have requested that the City of Woodland assist in establishing a Woodland-based tourism business improvement district, much like existed prior to 2017. Instead of the funds being administered by the Yolo County Visitor’s Bureau as before, they have requested that the City designate the newly formed Woodland Hotelier’s Group, a 501(c)6 non-profit organization, as the Advisory Board to administer the funds.

Boundaries of Woodland Tourism Business Improvement District The boundaries of the WTBID are proposed to include all of the hotels within the City of Woodland and the boundaries of the WTBID shall be coterminous with the City boundaries, a map of which is on file in the office of the City Clerk.

WTBID Assessment and Benefit
All hotel businesses operating within the boundaries of the WTBID will be assessed for the purpose of promoting activities which will directly benefit the hotels located within the Woodland Tourism Business Improvement District. The Assessments to be levied under the tourism business improvement district are not special taxes. Assessments levied on the businesses shall be levied on the basis of the degree of estimated benefit to the businesses within the District.

The initial annual assessment amount proposed for the WTBID is 2% of gross room revenue, which is defined as "total consideration charged to a transient as shown on the guest receipt for the occupancy of a room, or portion thereof, in a Hotel." The proposed assessment is a percentage of gross room revenue, and so when a hotel's revenue increases from the enhanced tourism marketing services provided to the hotels through the WTBID, the real dollar amount of the assessment will increase proportionately. The District's activities are intended to provide benefits specifically for the assessed businesses by increasing tourism within its boundaries, and hence increasing hotel room occupancy and revenues. An indirect benefit may accrue to the surrounding community or to the public as a result of the activities to be provided with the assessment levied. These indirect benefits (if any) are incidental and inconsequential.

Process for adoption
Under the 1989 law, the State requires a series of steps to form the WTBID. The actions taken by the City Council this evening will declare the intent of the City Council to establish the WTBID and seek public testimony on the formation of the WTBID at the City Council meeting scheduled for June 7th prior to the Public Hearing scheduled for June 21st. The following is a synopsis of activity necessary to form the WTBID:

April 19, 2022 - RESOLUTION OF INTENTION HEARING
Upon the submission of a written petition, signed by the business owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council may

initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district.

Petition Status: Petitions in favor of WTBID formation were submitted by 4 lodging businesses, which represent 76% of the total WTBID assessment. This majority petition allows the Council to initiate proceedings for WTBID formation at the April 19, 2022 meeting.

April 26, 2022 - NOTICE
The 1989 Act requires the City to mail written notice to the owners of all businesses proposed to be within the WTBID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest WTBID formation.

June 7, 2022 - PUBLIC MEETING
Allow public testimony on the formation of the WTBID and levy of assessments. No Council action required for the WTBID.

June 21, 2022 - FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the proposed WTBID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

At the conclusion of the public hearing to establish the WTBID, the Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them.

If the Council, following the public hearing, decides to establish the proposed WTBID, the Council shall adopt an ordinance forming the district and establishing the assessment. Council will also appoint the advisory board who will serve as the City’s TBID Advisory Board and direct specific spending and activities to promote Woodland as an overnight destination.

Fiscal Year / Activities
Upon successful establishment of the Woodland Tourism Business Improvement District as outlined in the schedule of proceedings, the WTBID Fiscal Year 2022/2023 will commence July 1, 2022 and end June 30, 2023. Due to the timing of the adoption of the ordinance, the levy of assessments is proposed to take effect the first day of the second month of the first quarter of Fiscal Year 2022/2023 (August 1, 2022).

Prior to the end of the Fiscal Year, the Advisory Board will prepare and submit an annual report detailing the use of the assessment funds consistent with the allowed activities and proposed budget for the upcoming fiscal year. The WTBID will require annual renewal to continue the assessment. Consideration of future renewals will be subject to the process stipulated in the Parking and Business Improvement Area Law of 1989.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, declaring its intention to establish a business improvement area in the City of Woodland to be designated as the Woodland Tourism Business Improvement District (“WTBID”) under the Parking and Business Improvement Area Law of 1989 and setting a time and place of a hearing to consider the establishment of such area.

Attachments:

1. Woodland Hoteliers Group - Letter of Support

2. Woodland TBID Resolution of Intent

82093.00090\34989195.1
RESOLUTION _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

DECLARING ITS INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA

IN THE CITY OF WOODLAND TO BE DESIGNATED AS THE WOODLAND TOURISM BUSINESS IMPROVEMENT DISTRICT (“WTBID”) AND SETTING A

TIME AND PLACE OF A HEARING TO CONSIDER THE ESTABLISHMENT OF

SUCH AREA
WHEREAS, the City of Woodland (the “City”) is a general law city organized and existing under the laws of the State of California; and
WHEREAS, the Parking and Business Improvement Area Law of 1989 (Section 36500 et seq. of the Streets and Highways Code of the State of California) authorizes the City to levy assessments on businesses within a parking and business improvement area which are in addition to any assessments, fees, charges, or taxes imposed in the City of Woodland and to use such proceeds for the benefit of businesses within such parking and business improvement area pursuant to said Parking and Business Improvement Area Law of 1989; and WHEREAS, the City Council of the City and several hotel operators within the City are desirous to take proceedings to provide a method of funding public programs and activities that will promote the City and hotels as a tourist destination; and WHEREAS, the City Council proposes to establish a business improvement area within the City for Fiscal Year 2022/2023 pursuant to the Parking and Business Improvement Area Law of 1989, and in accordance with Section 36522 of said Law, and hereby institutes the proceedings for such a district by the adoption of this Resolution of Intention.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:

Section 1. Recitals: The below recitals are all true and correct.

Section 2. Declaration of Intention: Pursuant to the Parking and Business Improvement Area Law of 1989, the City Council hereby declares its intention to establish a business improvement area designated as the Woodland Tourism Business Improvement District (hereinafter “WTBID”).

Section 3. Definition of Hotel: Hotel shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients, including but not limited to dwellings for lodging or sleeping purposes, which include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house

82093.00090\34989195.1
or other individually owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in Revenue and Taxation Code 7280; provided, that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof.

The Hotels now operating in the proposed WTBID are described in Exhibit “A”, attached hereto and incorporated herein by reference.

Section 4. Boundaries: The boundaries of said WTBID are proposed to include all of the real property within the City of Woodland and the boundaries of the WTBID shall be coterminous with the City boundaries, a map of which is on file in the office of the City Clerk.

Section 5. Method of Assessment: In addition to any assessments, fees, charges or taxes imposed otherwise in the City, except where funds are otherwise available, the City Council proposes to annually levy assessments on Hotels in the WTBID for the purpose of funding the programs, activities and services that will promote the City and hotels as a tourist destination. A description of the proposed system of assessments is set forth on Exhibit “B”, attached hereto and incorporated herein by this reference.

Section 6. Exemption of Newly Established Business: The City Council proposes to annually levy assessments on all Hotels in the WTBID in accordance with the proposed system of assessments as set forth on Exhibit “B” and as such has determined that the assessments on newly established Hotels shall commence immediately upon the first day of operation and therefore there is no exemption applied for newly established Hotels.

Section 7. Use of Assessment Revenues: The proposed uses of the revenues derived from assessments levied against Hotels in the WTBID include but are not limited to the following:
(a) Promoting the identity of Woodland through financial support of key regional and national events that support tourism and result in an economic impact; and (b) Developing and implementing a destination marketing strategy and promotions targeting potential hotel guests; and
(c) Developing and undertaking an advertising and public relations program focusing on the business, recreation, and leisure travel trade; and (d) Subsidization of high quality, high economic impact events; and (e) Annual operation expenses including but not limited to annual district administration functions and expenses, printing, postage and meetings; and (f) Support and funding of contract services and/or programs that support hotel operations and tourism including but not limited to, security, transportation services, vouchers, and special events; and
(g) Attendance at key meeting and consumer trade shows.

82093.00090\34989195.1
Section 8. Fiscal Year: Upon successful establishment of the Woodland Tourism Business Improvement District, the proposed system of assessments as set forth on Exhibit “B” to be levied as a result of these proceedings relates to Fiscal Year 2022/2023 (the Fiscal Year commencing July 1, 2022 and ending June 30, 2023) and the levy of such assessments is proposed to take effect the first day of the second month of the first quarter of Fiscal Year 2022/2023 (August 1, 2022).

Section 9. Public Hearing: A public hearing concerning the establishment of said WTBID and the proposed assessments will be held on June 21, 2022 at 6:00 p.m., or as soon thereafter as the matter can be heard at the City Council's regularly held meeting, located at 300 First Street, Woodland, California. In the event that the City Council determines to conduct the hearing remotely in the interest of public health and safety pursuant to AB 361 (Chapter 165, Statutes of 2021), the updated hearing location will be posted as soon as such information is available, including on the agenda for the meeting at which the public hearing will be held, and on a prior agenda authorizing remote meetings. At such public hearing, the City Council shall hear the testimony of all interested persons for or against the establishment of the WTBID, the extent of the WTBID, the proposed assessments and the furnishing of specified types of improvements or activities.

Section 10. Determination of Protest: All protests and received evidence, including written protests, for and against the establishment of the WTBID and the proposed assessments related thereto shall be entered into the record. If written protests are received from the owners of businesses in the proposed WTBID which will pay 50 percent or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to create the WTBID or to levy the proposed assessment, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the WTBID, those types of improvements or activities shall be eliminated. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.

Section 11. Adoption of Resolution: The City Clerk shall certify to the adoption of this Resolution, cause the same to be published in the manner prescribed by law, and shall mail a complete copy of this Resolution to each person owning or operating a Hotel which is located in the proposed WTBID.

82093.00090\34989195.1
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayra Vega, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

82093.00090\34989195.1

EXHIBIT A

CITY OF WOODLAND

WOODLAND TOURISM BUSINESS IMPROVEMENT DISTRICT
Hotels in Fiscal Year 2022/2023
The following is a list of Hotels now operating, or proposed to operate in the proposed WTBID for Fiscal Year 2022/2023
Business Name Address Assessor's Parcel Number(s)
Aura Motel 6 Woodland LLC 1564 E Main St 066-040-004-000 Days Inn 1524 E Main St 066-040-011-000
Quality Inn & Suites 1562 E Main St 066-040-024-000
Hampton Inn & Suites 2060 Freeway Dr 027-851-005-000
Holiday Inn Express 2070 Freeway Dr 027-851-006-000
Comfort Suites 2080 Freeway Dr 027-851-007-000
Mariott Fairfield Inn & Suites 2100 Freeway Dr 027-851-009-000 Econo Lodge 53 W Main St 065-250-007-000
Shadow Oaks Hospitality 584 N East St 065-250-051-000
Valley Oaks Inn 600 N East St 027-460-009-000
Journey Inn 99 W Main St 027-460-010-000

82093.00090\34989195.1
Exhibit B

CITY OF WOODLAND

WOODLAND TOURISM BUSINESS IMPROVEMENT DISTRICT
Proposed System of Assessment (Methodology)
The proposed system of assessments is designed to generate revenue from Hotels in the City to provide a method of funding public programs and activities that will promote the City and Hotels as a tourist destination. The City's Hotels are the only businesses proposed to be assessed.

An annual assessment is to be levied against Hotels based on the benefits they derive from the program of activities. All non-Hotel businesses would not be assessed as they derive only, at most, an indirect benefit from the program of activities.

Any modification to the WTBID or program of activities for which the assessments are proposed to be levied would be subject to notification of all businesses within the WTBID and a public hearing before the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such modification.

Each Hotel in the WTBID shall be subject to an assessment of 2% of total room rents charged and received from transient Hotel guests who do not make the Hotel their principal place of residence.

Once the system of assessments is established, it cannot be changed without written notice to all Hotels in the WTBID and a public hearing held by the City Council. At such public hearing, the City council shall hear all protests and receive evidence, including written protests, for and against such changes.

Assessment will be collected by the City of Woodland, with the funds being remitted to a special fund of the City for expenditure in accordance with its adopted annual budget as presented by the Advisory Board appointed by the City Council.