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HomeMy WebLinkAbout _ 4.9(b) Ordinance re Military Equipment Guidelines and Annual Update on RPD Military Equipment CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Authorize the following relative to the Redding Police Department Military Equipment: 1) Accept the Redding Police Department Military Equipment Report; 2) Offer for renewal an Uncodified Ordinance Adopting a Policy to Provide Guidelines for the Approval, Acquisition and Reporting Requirements for Military Equipment for first reading by title only and waive the full reading; authorize the City Attorney to prepare a summary ordinance; and the City Clerk to publish the same in accordance with law. Fiscal Impact There is no new fiscal impact. Alternative Action The City Council (Council) could decline to approve the Redding Police Department Military Equipment Report (Report) and the proposed ordinance, and provide staff with additional direction. Background/Analysis California Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075, requires the Redding Police Department (RPD) to give an annual update on the funding, acquisition and use of military equipment. The first initial report was submitted to Council on April 19, 2022, for an adoption of uncodified Ordinance No. 2647 on May 3, 2022. Pursuant to Government Code 7071(e)(1) The Council shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act. MEETING DATE: June 20, 2023 ITEM NO. 4.9 (b) FROM: ***APPROVED BY*** bschueller@reddingpolice.org btippin@cityofredding.org SUBJECT: 4.9 (b) -- Approval of Redding Police Department Military Equipment Report; and Uncodified Ordinance to Provide Guidelines Regarding Military Equipment Bill Schueller, Chief of Police Report to Redding City Council June 14, 2023 Re: 4.9(b) Ordinance re Military Equipment Guidelines and Annual Update on RPD Military Equipment Page 2 The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, breaching equipment, kinetic energy weapons and munitions, patrol rifles, tear gas/munitions, and noise flash diversionary devices. The list of items considered “military equipment” by AB 481 are used by most law enforcement agencies across the country as best practice to enhance citizen and officer safety. Attached is the annual Report, which includes an inventory of the military equipment maintained by RPD. The use of military equipment identified on the inventory list is vital to the R PD’s mission and will continue to be strictly regulated through internal process and oversight. RPD Policy 707 and AB 481 information has been posted on the RPD website since March 2, 2022 for public viewing. The website includes a reporting tool for concerns. There have been no citizen complaints or inquires since this tool was placed online. In addition, the RPD held a Community Meeting on Thursday June 15, 2023 to discuss AB 481 and the equipment it maintains. Environmental Review This item is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time. Council Priority/City Manager Goals • Public Safety- “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding”. • Communication and Transparency- “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.” Attachments ^2023 RPD AB-481 Inventory_06-2023_Final ^Proposed New Ordinance - 2023 - 777 CYPRESS AVE, REDDING CA. 96001 | WWW.reddingpolice.org REDDING POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT INVENTORY REPORT Dates Revised May 30, 2023 April 6, 2022 2 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) TABLE OF CONTENTS INTRODUCTION SUMMARY OF DEPARTMENT OWNED MILITARY EQUIPMENT: SECTION 1 – UNMANNED, REMOTELY PILOTED, POWERED AERIAL OR GROUND VEHICLES SECTION 3 – 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. SECTION 5 – COMMAND AND CONTROL VEHICLES THAT ARE EITHER BUILT OR MODIFIED TO FACILITATE THE OPERATIONAL CONTROL AND DIRECTION OF PUBLIC SAFETY UNITS. SECTION 7 – BATTERING RAMS, SLUGS, AND BREACHING APPARATUSES THAT ARE EXPLOSIVE IN NATURE. SECTION 8 & 9 – FIREARMS AND AMMUNITION OF .50 CALIBER OR GREATER. SECTION 10 – SPECIALIZED FIREARMS AND AMMUNITION OF LESS THAN .50 CALIBER. SECTION 12 – “FLASHBANG” GRENADES AND EXPLOSIVE BREACHING TOOLS, “TEAR GAS,” AND “PEPPER BALLS.” SECTION 14 – 40MM PROJECTIVE LAUNCHERS, “BEAN BAG,” RUBBER BULLET, AND SPECIALTY IMPACT MUNITIONS (SIM) WEAPONS. 3 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) UNMANNED AERIAL SYSTEMS (UAS) CA GOVERNMENT CODE § 7070 (c)(1): Unmanned, remotely piloted, powered aerial or ground vehicles. EQUIPMENT CAPABILITIES: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal, and optical zoom lenses. FISCAL IMPACTS: The initial startup cost was funded by the REU Wildfire Mitigation Plan – which was $176,825 in 2020. Two Matrice 300s were purchased in 2021 for $74,184. Costs associated with replacement/repair of equipment is approximated at $5,000; the price of the UAS is based upon each specific model. The most expensive UAS is the Matrice 300 with a cost of approximately $35,000 for all attachments, cameras, etc. The allotted annual Redding Police Department UAS budget is $20,000. In year 2022-23 less than $10,000 of funding was spent. LEGAL & PROCEDURAL RULES GOVERNING USE: The use of UAS is in accordance with Redding Police Department Policy 606 and Federal Aviation Administration (FAA) Regulations. PURPOSE & AUTHORIZED USES: Unmanned aerial systems may be utilized to enhance the Redding Police Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. TRAINING REQUIRED: UAS will only be operated on deployment by department personnel who possess a valid Remote Pilot Certificate and have received department approved training in operation, applicable laws, policies, and procedures regarding the use of the UAS. OTHER: UAS consistently improve and advance from year to year. There may be times when equipment becomes available that are imperative for successfully operating the fleet while technology becomes obsolete. PRODUCTS IN UAS FLEET & DESCRIPTION: The following make up the UAS fleet for the Redding Police Department. All products are manufactured by DJI and include commercial-grade and civilian models. Commonly used by construction and utility companies for the inspection of buildings, powerlines, windmills and other infrastructure. All UAS are battery powered, remote operated devices. Operators utilize a handheld controller to control UAS and view live feed from UAS-mounted camera. Flight time varies by model, but average approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAS has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel. The Redding Police Department utilizes the following UAS models: 4 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) DJI MATRICE 210(S) QUANTITY 2 UNITS LIFESPAN 5+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS SEE SUMMARY BELOW DJI MATRICE 300(S) QUANTITY 2 UNITS LIFESPAN 5+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS SEE SUMMARY BELOW DJI MAVIC 2(S) QUANTITY 3 UNITS LIFESPAN 5+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS SEE SUMMARY BELOW DJI PHANTOM 4(S) QUANTITY 1 UNIT LIFESPAN 5+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS SEE SUMMARY BELOW 5 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) DJI SPARK QUANTITY 1 UNIT LIFESPAN 5+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS SEE SUMMARY BELOW DJI MAVIC MINI(S) QUANTITY 2 UNITS LIFESPAN 5+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS SEE SUMMARY BELOW UAS DEPLOYMENT SUMMARY: REMARKS 76 DEPLOYMENTS IN 2022-23 - 14 INVESTIGATIONS - 12 SEARCH & ARREST WARRANTS - 11 CRIME SCENE DOCUMENTATION - 7 OUTSIDE AGENCY ASSISTANCE - 6 SUSPECT SEARCHES - 6 ENCAMPMENT CLEAN-UP PLANNING - 6 SPECIAL EVENT DETAILS - 6 INSPECTIONS OF HAZARDOUS AREAS (FIRE, CHEMICAL SPILLS, ETC.) - 4 TRAFFIC COLLISIONS - 3 SWAT OPERATIONS - 1 MISSING PERSON INVESTIGATION 6 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) LENCO BEARCAT G2 CA GOVERNMENT CODE § 7070 (c)(3): 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. EQUIPMENT CAPABILITIES: The vehicle is equipped with emergency lights/sirens, rotating roof hatch, running boards, protection against chemical agents, back-up camera, battering ram attachment, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a .50 caliber bullet. FISCAL IMPACTS: The cost of the BearCat G2 was approximately $309,035 which was purchased in 2019 by the Hilltop Business Group for the City of Redding. LEGAL & PROCEDURAL RULES GOVERNING USE: The use of the Lenco BearCat G2 is governed by Redding Police Department Policy 706. PURPOSE & AUTHORIZED USES: The BearCat is primarily used for Special Weapons and Tactics (SWAT) Team incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high-risk tactical operations, high risk rescue operations, training, community engagement efforts and any other applications deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police. TRAINING REQUIRED: Officers are to be trained in the operation of the BearCat prior to use. Training requirements will be set by the SWAT Commander and will include knowledge of the listed policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. Only Redding Police Department personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the BearCat, unless a delayed deployment of the BearCat would result in serious bodily injury or death. The SWAT Commander, or his/her designee, is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained. MANUFACTURER PRODUCT DESCRIPTION: The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers. 7 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) OTHER: The vehicle is designed to meet the tactical needs of law enforcement agencies tasked with responding to acts of violence and/or terrorism. The purpose is to enhance law enforcement’s ability to serve and protect the community. QUANTITY 1 LIFESPAN 15+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS 24 DEPLOYMENTS IN 2022-23 - 10 PATROL RESPONSES - 9 PUBLIC EVENTS - 3 SWAT OPERATIONS - 2 OUT OF COUNTY REQUESTS MOBILE COMMAND VEHICLE (MCV) CA GOVERNMENT CODE § 7070 (c)(5): Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. EQUIPMENT CAPABILITIES: The mobile command vehicle provides mobile, remote access to radio, internet planning and operational resources to assist with the command and control of major incidents and other planned operations. The vehicle also has the capability to dispatch officers and firefighters, as well as receive emergency calls. FISCAL IMPACTS: The initial costs of the MCV was approximately $560,040 which was purchased in 2021 with funding from the Redding Electric Utility Wildfire Mitigation Plan. The annual maintenance for the vehicle is approximately $5,000. LEGAL & PROCEDURAL RULES GOVERNING USE: Redding Police Department allows the use of the MCV with the approval of the Division Commander. A Class C license is required to drive the vehicle. 8 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) PURPOSE & AUTHORIZED USES: The MCV can be deployed for any fire, police, and/or utility incidents which it would be deemed beneficial to do so. TRAINING REQUIRED: A Class C license is required to drive the vehicle. The Redding Police Department supervisor assigned to the MCV will ensure operators are trained in the operation and functions of the MCV. Trained personnel will operate the MCV and will be assigned to the vehicle during operations to facilitate its operation. MANUFACTURER PRODUCT DESCRIPTION: The City of Redding Mobile Command Vehicle was built in conjunction with the Redding Fire Department, Redding Police Department, and Redding Electric Utility as a unified command vehicle but can also alternate between fire, police, and utility for department specific missions. The vehicle was custom built by LDV Manufacturing in Wisconsin in 2021. OTHER: The MCV is not a tactical vehicle but rather a multi-purpose vehicle to help facilitate command and control during field incidents in the City of Redding. The vehicle does not have any armor nor is it deployed in such a manner as to be used in such a way. The vehicle is to be deployed at the periphery of a tactical incident if one such arises. QUANTITY 1 LIFESPAN 15+ YEARS 2022-23 COST GENERAL MAINTENANCE REMARKS 8 DEPLOYMENTS IN 2022-23 - 5 PUBLIC EVENTS - 1 SWAT OPERATION - 1 CHEMICAL SPILL - 1 TRAINING EXERCISE 9 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) ENERGETIC EXPLOSIVE BREACHING CA GOVERNMENT CODE § 7070 (c)(7): Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. EQUIPMENT CAPABILITIES: Energetic breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach. Energetic breaching materials are used to make breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and/or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. Various types, configurations, and energetic weights are maintained for use, as needed. FISCAL IMPACTS: Initial startup was funded by department SWAT budget – estimated $2,500. Future fiscal impact: 25 grain detonation cord, 50 grain detonation cord, blasting caps and percussion primers – approximately $2,000 to $3000 per year. LEGAL & PROCEDURAL RULES GOVERNING USE: Explosive breaching is commanded by the SWAT Commander and procedures are outlined under Redding Police Department Policy 404. Explosive breaching may only occur after authorization by the SWAT Commander in the field, and during training exercises. PURPOSE & AUTHORIZED USES: It is the standard operating procedure of the Redding Police Department Special Weapon and Tactics (SWAT) Team to utilize a SWAT team member or member of the Shasta County Bomb Team who has attended the necessary training required to provide the option of explosive breaching. Explosive breaching is a SWAT Team tactical option and can be employed when a rapid entry is critical to the success of the SWAT mission. Explosive breaching should only be considered after other reasonable methods or procedures have been exhausted or deemed inappropriate. Explosive breaching can provide a sufficient tactical advantage which should also be considered to justify its use. An explosive breach should be viewed as a breaching tool to be used in dangerous situations with minimal risk to officers and occupants of target structures. Explosive breaching techniques may not be appropriate in all breaching situations. An explosive breach should not be employed in the following circumstances: a. The construction of walls, doors or the building is not known. b. The location of the occupants/victims is not known. c. There is a known presence of unstable chemicals or other incendiary materials. TRAINING REQUIRED: Explosive breaching personnel shall train with SWAT at minimum two times annually and often enough to be proficient in the practice of explosive breaching. All explosive breaching personnel shall attend a certified breaching school. 10 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) MANUFACTURER PRODUCT DESCRIPTION: The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps. OTHER: Explosive breaching is specifically assigned and utilized by the Redding Police Department SWAT Team. QUANTITY 660 FEET OF DETONATING CORD (50 GRAINS PER FOOT) 67 BLASTING CAPS 227 PERCUSSION PRIMERS 4.9 POUNDS OF SHEET EXPLOSIVE LIFESPAN 5 YEARS 2022-23 COST $2,916 REMARKS NO DEPLOYMENTS, 3 TRAININGS REMINGTON BREACHING SHOTGUN MODEL 870, 12–GAUGE & AMMUNITION CA GOVERNMENT CODE § 7070 (c)(7): Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. EQUIPMENT CAPABILITIES: To quickly force entry through locked and/or barricaded doors, the department authorizes the use of the breaching shotgun. The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry. Although the breaching shotgun is a firearm, it has been modified for breaching purposes. Additionally, the selected ammunition is frangible and designed to defeat door locks and hinges. FISCAL IMPACTS: Less than $250 annually funded by the department SWAT budget. LEGAL & PROCEDURAL RULES GOVERNING USE: The use of the breaching shotgun is governed by Redding Police Department Policy 404. 11 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) PURPOSE & AUTHORIZED USES: When a decision has been made to conduct an emergency entry, the breaching shotgun may only be used when it appears reasonably necessary to prevent death or great bodily injury. Officers are also required to obtain the approval of a supervisor unless the circumstances make it impractical to obtain authorization and/or delayed response would jeopardize the safety of citizens, officers or suspect(s). TRAINING REQUIRED: The training for the use of the breaching shotgun is governed by Redding Police Department Policy 404. All training and proficiency for the breaching shotgun will be documented by the SWAT Commander. MANUFACTURER PRODUCT DESCRIPTION: Starting with a receiver machined from an 8 ½ – pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation. Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time. Hornady 12 Gauge breaching round frangible ¾ oz slug is designed to fit a variety of mission applications including entry (limited penetration), breaching, and training. It features a ¾ ounce frangible sintered slug. OTHER: Breaching shotguns are specifically assigned and utilized by the Redding Police Department SWAT Team. QUANTITY 2 REMINGTON BREACHING SHOTGUNS 45 HORNADY ¾ OZ BREACHING ROUNDS 5 CTS DOOR BREACHING ROUNDS 15 DEF TECH T.K.O. BREACHING ROUNDS LIFESPAN 15 – 20 YEARS 2022-23 COST LESS THAN $250 REMARKS NO DEPLOYMENTS, 1 TRAINING ARMALITE, AR-50A1 .50 CALIBER RIFLE & AMMUNITION CA GOVERNMENT CODE § 7070 (c)(8) & § 7070 (c)(9): Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. 12 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) EQUIPMENT CAPABILITIES: The AR-50A1 rifle is a large caliber rifle that allows for specific uses by our SWAT Team. The capability of the large caliber allows for the penetration of ballistic, steel armor in a critical incident. FISCAL IMPACTS: No cost. This rifle was obtained in 2010 via citizen forfeiture and retained per § 34005(b) of the Penal Code. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force, SWAT, and Firearms. PURPOSE & AUTHORIZED USES: Use of the .50 caliber Sniper Rifle per Redding Police Department Policy 404. a. SWAT members must obtain SWAT Commander approval prior to training with the .50 caliber rifle. Training must be at sites approved by the SWAT Commander. b. The rifle should only be deployed by a crisis with SWAT Commander approval unless exigent circumstances justify an immediate deployment. c. Only trained officers may deploy the rifle. TRAINING REQUIRED: Training and qualification with the rifle will be the responsibility of the SWAT Commander. Only those SWAT members that have trained/qualified will deploy the rifle, when necessary. MANUFACTURER PRODUCT DESCRIPTION: The AR-50A1 is a single shot bolt action rifle chambered for the powerful .50 BMG cartridge. The rifle features a unique octagonal receiver and utilizes ArmaLite's proprietary V-Channel chassis. Designed for the challenges of long-range shooting, the AR-50A1 is exceptionally accurate with a highly effective muzzle brake. OTHER: This rifle is assigned to the Redding Police Department SWAT Team. QUANTITY 1 RIFLE 236 ROUNDS OF AMMUNITION .50 BMG LIFESPAN 10 + YEARS 2022-23 COST NO COST REMARKS NO DEPLOYMENTS OR TRAININGS 13 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) STAG ARMS AR-15 .223 RIFLE CA GOVERNMENT CODE § 7070 (c)(10): Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. EQUIPMENT CAPABILITIES: The Stag Arms AR-15 rifle is a semi-automatic rifle defined in § 30510 and § 30515 of the Penal Code. FISCAL IMPACTS: No cost. This rifle was obtained in 2013 through evidence retention per § 34005(b) PC. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. PURPOSE & AUTHORIZED USES: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. TRAINING REQUIRED: Officers must successfully complete a CA POST certified 16-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. MANUFACTURER PRODUCT DESCRIPTION: The Stag Arms AR-15 is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. OTHER: These specific rifles are assigned to the Redding Police Department SWAT Team. QUANTITY 2 RIFLES LIFESPAN 10 + YEARS 2022-23 COST NO COST REMARKS N/A PWS MK1 .223 RIFLE CA GOVERNMENT CODE § 7070 (c)(10): Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. 14 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) EQUIPMENT CAPABILITIES: The PWS MK1 rifle is a semi-automatic rifle defined in § 30510 and § 30515 of the Penal Code. FISCAL IMPACTS: Approximately $1,250 per rifle purchased by the department budget in 2018. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. PURPOSE & AUTHORIZED USES: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. TRAINING REQUIRED: Officers must successfully complete a CA POST certified 16-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. MANUFACTURER PRODUCT DESCRIPTION: The PWS MK1 is a magazine fed, gas/piston operated rifle available in .223 caliber and fires from a rotating locking closed bolt. OTHER: These specific rifles are assigned to Redding Police Department SWAT Team. QUANTITY 18 RIFLES LIFESPAN 10 + YEARS 2022-23 COST NO COST REMARKS N/A BUSHMASTER XM15-E2S .223 RIFLE CA GOVERNMENT CODE § 7070 (c)(10): Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. EQUIPMENT CAPABILITIES: The Bushmaster XM15-E2S rifle is a semi-automatic rifle defined in § 30510 and § 30515 of the Penal Code. FISCAL IMPACTS: Approximately $900 per rifle purchased by the department budget. No future fiscal impacts applicable. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. 15 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) PURPOSE & AUTHORIZED USES: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. TRAINING REQUIRED: Officers must successfully complete a CA POST certified 16-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. MANUFACTURER PRODUCT DESCRIPTION: The Bushmaster XM15-E2S is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. OTHER: These specific rifles are assigned to Redding Police Department Traffic Unit. QUANTITY 5 RIFLES LIFESPAN 10 + YEARS 2022-23 COST NO COST REMARKS N/A CMMG AR-10 CARBINE RIFLE CA GOVERNMENT CODE § 7070 (c)(10): Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. EQUIPMENT CAPABILITIES: The CMMG AR-10 carbine rifle is a semi-automatic rifle defined in § 30510 and § 30515 of the Penal Code. FISCAL IMPACTS: No cost. This rifle was obtained in 2016 through evidence retention per § 34005(b) PC. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. PURPOSE & AUTHORIZED USES: This rifle is specifically assigned to the SWAT Team and may be deployed in any circumstance within Redding Police Department Policies on Use of Force, SWAT, and Firearms. TRAINING REQUIRED: Training and qualification with the rifle will be the responsibility of the SWAT Commander. Only those SWAT members that have trained/qualified will deploy the rifle, when necessary. 16 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) MANUFACTURER PRODUCT DESCRIPTION: The CMMG AR-10 carbine is a magazine fed, inertia/recoil operated rifle available in .308 caliber and fires from a closed chamber. OTHER: This specific rifle is assigned to Redding Police Department SWAT Team. QUANTITY 1 RIFLE LIFESPAN 10 + YEARS 2022-23 COST NO COST REMARKS N/A LOYAL 9 MANUFACTURING M4-EX03 CA GOVERNMENT CODE § 7070 (c)(10): Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. EQUIPMENT CAPABILITIES: The Loyal 9 M4-EX03 is a semi-automatic rifle defined in § 30510 and § 30515 of the Penal Code. FISCAL IMPACTS: Purchased on April 4, 2022 with department budget, approved by Redding City Council on March 15, 2022. Cost – $83,976.75. No fiscal impact in future. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. PURPOSE & AUTHORIZED USES: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. TRAINING REQUIRED: Officers must successfully complete a CA POST certified 16-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. MANUFACTURER PRODUCT DESCRIPTION: The Loyal 9 M4-EX03 is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. OTHER: These rifles replaced the patrol rifles obtained with the Defense Reutilization Marketing Office (DRMO) program. The 57 DRMO rifles were returned and are no longer used by the Redding Police Department. 17 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) QUANTITY 60 RIFLES LIFESPAN 10 + YEARS 2022-23 COST NO COST REMARKS ASSIGNED TO SWORN PATROL UNITS AMMUNITION – .223 & .308 CA GOVERNMENT CODE § 7070 (c)(10): Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. EQUIPMENT CAPABILITIES: Ammunition used for the AR-15 style carbine rifle defined in § 30510 and § 30515 of the Penal Code. FISCAL IMPACTS: Approximately $25,000 annually purchased with department budget. LEGAL & PROCEDURAL RULES GOVERNING USE: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. PURPOSE & AUTHORIZED USES: Ammunition used for the AR-15 style carbine rifle defined in § 30510 and § 30515 of the Penal Code. TRAINING REQUIRED: Officers attend a 16-hour Peace Officer Standards and Training (POST) Certified Rifle Course for deployment of department rifles and use of ammunition. MANUFACTURER PRODUCT DESCRIPTION: Federal American Eagle Ammunition is designed specifically for target shooting, training and practice. This ammo is loaded to the same specifications as Federal's Premium loads, but at a more practical price for economical practicing. This ammunition is new production in reloadable brass cases. CALIBER .223 BRAND / GRAIN FEDERAL / 55 GRAIN QUANTITY 1,000 ROUNDS 2022-23 COST NONE 18 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) Hornady TAP Urban .223 duty ammunition features a 55-grain match grade, polymer tipped, fragmenting bullet. The cartridge offers high velocity and performance similar to that of other polymer tipped Hornady .223 bullets. The cartridge has a match grade brass composite shell casing and a small rifle, staked primer pocket. CALIBER .223 BRAND / GRAIN HORNADY / 55 FMJ TRAINING QUANTITY 23,000 ROUNDS 2022-23 COST $11,000 Winchester® USA Centerfire FMJ Rifle Ammo gives you performance ammunition for high- volume shooting at a great price. Loaded with Military-type FMJ bullets, this is ideal ammo for semi-auto rifles and carbines, as well bolt-action rifles. Winchester USA Centerfire Rifle Ammo is loaded with premium components to ensure reliable function in self-defense situations, yet it is value priced, making it great ammunition for tactical firearms training, practice, informal target shooting, or stockpiling for emergencies. CALIBER .223 BRAND / GRAIN WINCHESTER / 55 GRAIN QUANTITY 1,000 ROUNDS 2022-23 COST $11,000 Custom made for your Urban Rifle, Tactical® TRU® was specifically designed for use in semi- automatic rifles or "Urban Rifles," such as variants of the M-16 or AR-15. TRU bullets are specifically engineered, ranging from fragmenting designs for tactical entry to deeper penetrating bullets for patrol. This is particularly important in today's urban settings. CALIBER .308 BRAND / GRAIN FEDERAL TACTICAL / 168 GRAIN QUANTITY 3,005 ROUNDS 2022-2023 COST $2,724 19 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions. CALIBER .308 BRAND / GRAIN FEDERAL BONDED / 168 GRAIN QUANTITY 300 ROUNDS 2022-23 COST NONE CS GAS SYSTEMS CA GOVERNMENT CODE § 7070 (c)(12): “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. EQUIPMENT CAPABILITIES: The use of CS gas causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin. FISCAL IMPACTS: Approximately $5,000 annually purchased with department budget. LEGAL & PROCEDURAL RULES GOVERNING USE: The use of this equipment is governed by Redding Police Department Policy 407.7.2(b). PURPOSE & AUTHORIZED USES: CS gas is utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with the dispersal of violent crowds and/or arrest of suspects. TRAINING REQUIRED: Specialized training as deemed by the SWAT Commander and CA POST certified department chemical agent instructors. OTHER: Recognizing that the missions of the SWAT Team are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SWAT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SWAT operation. The SWAT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment. 20 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) MANUFACTURER PRODUCT DESCRIPTIONS: The Defense Technology Spede-Heat™ CS/Kinetic: 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 launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. BRAND DEF-TECH SPEDE-HEAT CS QUANTITY 18 LIFESPAN 5 YEARS The Defense Technology Ferret® 40 mm and 12-gauge round: 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. In a tactical deployment situation, the Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. BRAND DEF-TECH 40 MM FERRET ROUND CS DEF-TECH 12-GAUGE FERRET ROUND CS QUANTITY 9 ROUNDS OF 40 MM 51 ROUNDS OF 12-GAUGE LIFESPAN 5 YEARS REMARKS 2 SWAT OPERATION DEPLOYMENTS CTS 5230B CS Baffled Canister: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Launchable. BRAND CTS 5230B LAUNCHABLE CS QUANTITY 12 LIFESPAN 5 YEARS 21 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) CTS 5230 CS Canister: Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically, for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds. BRAND CTS 5230 NON-LAUNCHABLE CS QUANTITY 15 LIFESPAN 5 YEARS CTS 5230JL CS Canister: A large diameter burning grenade designed to discharge a high volume of smoke and chemical agent rapidly through multiple emission ports. The smoke composition is formulated to burn rapidly decreasing the possibility that the grenade can be picked up and thrown back at crowd management officers. The Jet-Lite should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. BRAND CTS 5230JL QUANTITY 12 LIFESPAN 5 YEARS CLEAROUT Tear Gas Grenade delivers enough CS to reach incapacitating level established by military tests to an area of 23,000 cubic feet with an equal amount of OC. Recent tests of OC alone have established its effectiveness though no incapacitating concentration has been determined. BRAND CLEAROUT TEAR GAS GRENADE QUANTITY 5 CANISTERS OF 2 OZ. & 4 CANISTERS OF 6 OZ. LIFESPAN 5 YEARS REMARKS 1 DEPLOYMENT Defense Technology 40 mm Launcher: The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40 mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. 22 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) BRAND DEF-TECH 40 MM LAUNCHER QUANTITY 1 LIFESPAN 10+ YEARS Remington Shotgun Launcher: Starting with a receiver machined from an 8 ½ – pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation. Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs, and the best-selling shotgun of all time. BRAND REMINGTON 870 LAUNCHERS QUANTITY 4 LIFESPAN 10+ YEARS CTS & DTS DIVERSIONARY DEVICES CA GOVERNMENT CODE § 7070 (c)(12): “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. EQUIPMENT CAPABILITIES: The use of this device is to create a light/sound diversion during critical incidents. The device utilizes a loud bang and emits a bright light made to disorient the suspect(s). FISCAL IMPACTS: Approximately $700 annually purchased with department budget. LEGAL & PROCEDURAL RULES GOVERNING USE: The use of flashbangs is governed by Redding Police Department Policy 404. PURPOSE & AUTHORIZED USES: Used during critical incidents as a diversionary device to disorient and illuminate suspects. TRAINING REQUIRED: Specialized training as deemed by the SWAT Commander and CA POST certified Department Diversionary Device Instructors. 23 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) OTHER: Recognizing that the missions of the SWAT Team are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SWAT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SWAT operation. The SWAT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment. MANUFACTURER PRODUCT DESCRIPTION: The diversionary device utilizes a M201A1 type fuse with a single use aluminum body. This compact unit is designed around a 6.5-gram water resistant charge, capable of producing an effective, yet reduced 162dB stimuli. Its size and shape are industry familiar and allow it to fit in standard tactical pouches. The device should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate area for deployment be visually affirmed to be clear of personnel and that the device is delivered so that the ports are free from obstruction. If the bottom ports are obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5 - 6 feet around which the device is expected to come to rest. BRAND CTS MINI DIVERSIONARY DEVICE QUANTITY 42 LIFESPAN 5 YEARS BRAND CTS LOW ROLL DEVICE QUANTITY 10 LIFESPAN 5 YEARS BRAND CTS TRAINING DIVERSIONARY DEVICE FUSE QUANTITY 10 LIFESPAN 5 YEARS DEF-TECH 40 MM KINETIC ENERGY LAUNCHER & PROJECTILES CA GOVERNMENT CODE § 7070 (c)(14): The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. 24 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) EQUIPMENT CAPABILITIES: The Redding Police Department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Department approved kinetic energy projectiles are fired from 40 mm launchers. FISCAL IMPACTS: $809.75 per 40 mm launcher and $18.35 per 40 mm projectile. LEGAL & PROCEDURAL RULES GOVERNING USE: The use of 40 mm kinetic energy projectile is governed by Redding Police Department Policy 302. PURPOSE & AUTHORIZED USES: A sworn peace officer may utilize the Kinetic Energy Projectile in the discharge of their duties when other options have been exhausted, are ineffective, or are inappropriate during attempts to control or subdue combative or violent individuals and the use of deadly force can be forestalled. The Kinetic Energy Projectile shall be used with discretion and care in circumstances which permit the lawful use of lethal or less lethal force. TRAINING REQUIRED: The SWAT Commander shall ensure that all personnel who are authorized to carry a 40 mm control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor. All training and proficiency for control devices will be documented. OTHER: 40 mm kinetic energy projectile launcher and projectiles are assigned to the Redding Police Department SWAT Team. MANUFACTURER PRODUCT DESCRIPTION: The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40 mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. BRAND DEF-TECH 40 MM LAUNCHER QUANTITY 1 LIFESPAN 10 YEARS 25 | P age REDDING POLICE DEPARTMENT – ANNUAL MILITARY EQUIPMENT USE REPORT (APRIL 2022 – MAY 2023) The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications. BRAND DEF-TECH EXACT IMPACT 40 MM SPONGE ROUND QUANTITY 10 LIFESPAN 10 YEARS The CTS-4557 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. An improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. BRAND CTS–4557 40 MM SPONGE BATON QUANTITY 30 LIFESPAN 10 YEARS DRAFT NEW ORDINANCE ORDINANCE NO. ______ AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING A POLICY TO PROVIDE GUIDELINES FOR THE APPROVAL, ACQUISITION AND REPORTING REQUIREMENTS FOR MILITARY EQUIPMENT WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which relates to the use of military equipment by state and local law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at Government Code sections 7070 through 7075, inclusive, and as applied to cities, requires local law enforcement agencies to obtain approval of a military equipment use policy prior to taking any action which supports the acquisition and use of military equipment; and WHEREAS, Government Code section 7071 requires approval of a military equipment use policy by ordinance at a regular meeting of the City Council; and WHEREAS, it further provides that the military equipment use policy must be made publicly available on the law enforcement agency’s internet website for no less th an thirty (30) calendar days prior to adoption of the same by ordinance; and WHEREAS, subdivision (e) of Government Code section 7071 further requires that the City Council review any such ordinance at least annually after having considered the report required by Government Code section 7072; and WHEREAS, the proposed military equipment use policy for the Redding Police Department Policy 707, is attached and incorporated herein; and WHEREAS, Redding Policy Department Policy 707 was published on the Redding Police Department’s internet website on March 2, 2022, and was provided to the City Council on the same day; and WHEREAS, the City Council adopted Ordinance No. 2647 on May 3, 2022, whereby Redding Police Department Policy 707 was, approved, adopted and found to meet all requirements under the law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Determinations and Orders. DRAFT NEW ORDINANCE 1. Redding Police Department Policy 707 meets the requirements of subdivision (d) of Government Code section 7070 because substantial evidence in the record establishes that: A. Policy 707 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and B. Policy 707 will safeguard the public’s welfare, safety, civil rights and civil liberties; and C. The equipment set forth in Policy 707 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civil safety. 2. Redding Police Department Policy 707 is approved and adopted. 3. The Chief of Police shall produce the annual military equipment report required by Government Code section 7072, publish the same on the Redding Police Department internet website, and provide the notice and public engagement required by subdivision (b) of Government Code 7072. 4. The Chief of Police shall, after undertaking all actions set forth in Section 3, herein, agendize consideration of the annual military equipment report for a regular meeting of the City Council. 5. The Chief of Police shall, no later than ten months (10) months after the adoption of this ordinance, and every subsequent renewal of the same, cause consideration of an ordinance to renew this ordinance for an additional term of one (1) year to be agendized for first reading. Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. The City of Redding finds that this Ordinance is not a “project” according to the definition set forth in the California Environmental Q uality Act (“CEQA ”), and, pursuant to CEQA Guidelines s ections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the DRAFT NEW ORDINANCE environment) and 15061(b)(3) (there is no possibility the activity in question ma y have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the Ci ty of Reddi ng at a regular meeting on the ___ day of __________, 2023 , and was duly read and adopted at a regular meeting on the ____ day of __________, 20 23 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ________________________________ MICHAEL DACQUISTO , Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney AB 481 MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE CITY COUNCIL PRESENTATION June 20, 2023 CITY COUNCIL PRESENTATION What Is Assembly Bill 481 How AB 481 Defines Military Equipment Requirements of AB 481 Redding Police Equipment Inventory Why This Equipment Is Needed Questions WHAT IS AB 481? •SEPTEMBER 30, 2021 –GOV. NEWSOM SIGNED 8 POLICE REFORM BILLS, INCLUDING AB 481 •INCREASE TRANSPARENCY, ACCOUNTABILITY, OVERSIGHT FOR ACQUISITION AND USE OF EQUIPMENT •PROVIDE SAFEGUARDS TO PROTECT PUBLIC WELFARE, SAFETY, CIVIL RIGHTS AND LIBERTIES •CREATE A PUBLIC FORUM FOR INPUT AND ENGAGEMENT NOTE: RPD IS IN POSSESSION OF ITEM(S) THAT MEET THE CRITERIA FOR THE HIGHLIGHTED CATEGORIES •UNMANNED, REMOTELY PILOTED, POWERED AERIAL OR GROUND VEHICLES (CATEGORY 1) •MINE-RESISTANT AMBUSH-PROTECTED VEHICLES OR ARMORED PERSONNEL CARRIERS (C ATEGORY 2) •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 (CATEGORY 3) •TRACKED ARMORED VEHICLES THAT PROVIDE BALLISTIC PROTECTION TO THEIR OCCUPANTS (CATEGORY 4) •COMMAND AND CONTROL VEHICLES THAT ARE EITHER BUILT OR MODIFIED TO FACILITATE THE OPERATIONAL CONTROL AND DIRECTION OF PUBLIC SAFETY UNITS (CATEGORY 5) •WEAPONIZED AIRCRAFT, VESSELS, OR VEHICLES OF ANY KIND (C ATEGORY 6) •BATTERING RAMS, SLUGS, AND BREACHING APPARATUSES THAT ARE EXPLOSIVE IN NATURE (CATEGORY 7) •FIREARMS OF .50 CALIBER OR GREATER (CATEGORY 8) NOTE: RPD IS IN POSSESSION OF ITEM(S) THAT MEET THE CRITERIA FOR THE HIGHLIGHTED CATEGORIES •AMMUNITION OF .50 CALIBER OR GREATER (CATEGORY 9) •SPECIALIZED FIREARMS AND AMMUNITION OF LESS THAN .50 CALIBER (CATEGORY 10) •ANY FIREARM OR FIREARM ACCESSORY THAT IS DESIGNED TO LAUNCH EXPLOSIVE PROJECTILES (C ATEGORY 11) •NOISE-FLASH DIVERSIONARY DEVICES AND EXPLOSIVE BREACHING TOOLS, MUNITIONS CONTAINING TEAR GAS OR OC, EXCLUDING STANDARD, SERVICE-ISSUED HANDHELD PEPPER SPRAY (CATEGORY 12) •TASER® SHOCKWAVE, MICROWAVE WEAPONS, WATER CANNONS, AND LONG-RANGE ACOUSTIC DEVICES (CATEGORY 13) •KINETIC ENERGY WEAPONS AND MUNITIONS (CATEGORY 14) •ANY OTHER EQUIPMENT AS DETERMINED BY A GOVERNING BODY OR A STATE AGENCY TO REQUIRE ADDITIONAL OVERSIGHT (CATEGORY 15) AB 481 REQUIRES ANNUAL APPROVAL & REPORTING DEPARTMENT POLICY (707) AND UNCODIFIED ORDINANCE ADOPTED BY CC SPRING 2022 COMMUNITY MEETING ON JUNE 15, 2023 CITY COUNCIL MEETING ON JUNE 20, 2023 AB 481 approval requirements: Annual requirements for approval: Annual report, how the equipment is used, maintenance and use cost, community meeting, approval of uncodified ordinance. BEARCAT ARMORED RESCUE VEHICLE A PR 22 –M AY 30 D EPLOYMENTS: •10 PATROL RESPONSES •9 PUBLIC EVENTS •3 SWAT O PERATIONS •2 OUTSIDE AGENCY REQUESTS 24 TOTAL MOBILE COMMAND CENTER A PR 22 –M AY 30 DEPLOYMENTS: 8 TOTAL •5 PUBLIC EVENTS •1 SWAT O PERATION •1 CHEMICAL SPILL •1 TRAINING EXERCISE UAV PROGRAM UNMANNED AERIAL VEHICLES A PR 22 –M AY 30 DEPLOYMENTS: •14 INVESTIGATIONS •12 SEARCH & ARREST WARRANTS •11 CRIME SCENE DOCUMENTATION •7 OUTSIDE AGENCY ASSISTANCE •6 SUSPECT SEARCHES •6 ENCAMPMENT CLEAN-UP PLANNING •6 SPECIAL EVENT DETAILS •6 INSPECTIONS OF HAZARDOUS AREAS (FIRE, CHEMICAL SPILLS, ETC.) •4 TRAFFIC COLLISIONS •3 SWAT OPERATIONS •1 MISSING PERSON INVESTIGATION 76 TOTAL •ENERGETIC EXPLOSIVE BREACHING •REMINGTON BREACHING SHOTGUN MODEL 870, 12-GAUGE & AMMUNITION •ARMALITE AR-50A1 .50 CALIBER RIFLE & AMMUNITION •CMMG AR-10 CARBINE RIFLE •STAG ARMS AR-15 .223 RIFLE •PWS MK1 .223 RIFLE •BUSHMASTER XM15-E2S .223 RIFLE •LOYAL 9 MANUFACTURING M4-EX03 (PRIMARY PATROL RIFLE) •.223 & .308 AMMUNITION •CTS & DTS DIVERSIONARY DEVICES •DEF-TECH 40 MM KINETIC ENERGY LAUNCHER & PROJECTILES •CS GAS SYSTEMS OTHER APPLICABLE EQUIPMENT NOTE: Major Change for 2023-Return of 57 DRMO AR-15 Carbine Rifles in December of 2022 •WITH CITY COUNCIL APPROVAL: •RPD WILL CONTINUE TO HAVE ACCESS TO EACH OF THE RESOURCES CURRENTLY AVAILABLE. IN ADDITION, THE CORRESPONDING POLICIES AND PROCEDURES WOULD REMAIN IN EFFECT •STAFF WILL CONTINUE TO TRACK THE EQUIPMENT USED IN PREPARATION FOR THE AB 481 ANNUAL REPORT •WITHOUT CITY COUNCIL APPROVAL: •THE DEPARTMENT WILL CEASE THE USE OF EQUIPMENT DESIGNATED BY AB 481 •THE DEPARTMENT WILL BE REQUIRED TO REDESIGN OUR POLICIES, PROCEDURES AND OPERATIONS FOR CRITICAL INCIDENTS •THE SAFETY OF THE PUBLIC AND LAW ENFORCEMENT WILL BE NEGATIVELY IMPACTED •WHY DO WE NEED THIS EQUIPMENT? •OUR GOAL IS FOR THE PEACEFUL RESOLUTION OF ALL INCIDENTS, WITH A FOCUS ON DE-ESCALATION AND AN EMPHASIS ON SAFETY FOR INVOLVED PARTIES, THE PUBLIC AND OUR OFFICERS QUESTIONS, COMMENTS, OR CONCERNS REDDING POLICE DEPARTMENT 777 CYPRESS AVENUE REDDING, CA 96001 Visit our website under Assembly Bill 481 to view the details summarized in this presentation