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Home My WebLink About _ 4(c)--Adopt Uncodified Ordinance No.2677 - Military Equipment � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 3,2025 FROM: Brian Barner, Chief of Police ITElVI NO. 4(c) ***APPROVED BY*** bbarner@reddingpolice.org t�t�e � , „„ +:i' St':?c�i��25. btippin@cityofredding.org SUBJECT: 4(c)--Adopt Uncodified Ordinance No. 2677, adopting a policy to provide uidelines for the a roval, ac uisition, and re ortin re uirements for militar e ui ment. Recommendation Adopt Ordinance No. 2677, 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 pursuant to Government Code Section 7071. Attachments ^Ordinance No. 2677 ^Ordinance No. 26'7'7 Attachment-Military Eauipment Policy 707 First reading done: OS(2Q12025 For adoption on: Q6l03/2025 5-0 CC agenda item#4(c) INANCE N . 2677 AN UNC IFIE INANCE F T E CITY C UNCIL F T E CITY QF REDDING ADOPTING A P4LICY TO PROVIDE GUIDELINES FOR T�IE APPROVAL, ACQUISITI�N, ANI� REPORTING REQUIREMENTS F4R MILITARY EQUIPMENT WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which relates to the use of inilitary equipment by state and local law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at Government Code sections '70'7Q through 7075, inclusive, and as appliad to eities, requires local law enforcement agencies ta obtain approval of a military equipment use policy prior to taking any aetion which supports the acquisition anc�use of inilitary equipment; and WHEREAS, Government Code sectian 7071 requires approval of a military equipment use policy by ordinance at a regular meeting of the City Council; and WHEREAS,Government Code seetion'70'71 further provides that the mi�itary equipment use poliey must be made publicly available on the law enforcement agency's internet website for no less than thirty(30) ealendar days prior to adoption of the saine by ordinance;and WHEREAS, subdivision (e) of Government Code section 7071 fizrther requires that the City Council review for renewal any such ordinance at least annually with consideration of the annual�nilitary equipment report submitted pursuant to Government Code seetion 7072; and WHEREAS, Redding Police Department Policy 707 was published on the Redding Police Department's public 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 Poliey Department Policy was approved, adopted and found to meet all requirements under the law; and WHEREAS, Redding Police Department Policy 707 was revised to reflect current legislative changes,published on the Redding Police Department's public website on May 7, 2025, and provided to City Council on May 20, 2025; and WIIEREAS, the current proposed military equipment use policy for the Redding Police Department 707 is attached and incorporated herein; NOW THEREFORE, THE CITY C4UNCIL OF THE CITY t?F REDDING DOES ORDAIN AS FtJLLOWS: eetion l. eter inations and Orders. l. Redding Palice Department Paliey 707 meets the requirements of subdivision (d) of Government Coc�e seetion '70'll because substantial evidence in the record establishes that: A. Policy 707 is necessary beca�se there is no reasonable alternative that can achieve the same objeetive of of�cer and civilian safety;and B. Policy 747 wi11 safeguard the public's welfare, safety, eivil rights and civil. l�berties; and C. The equipment set fort13 in Policy 707 is reasanably cost effeetive eompared to available alterna�ives that can aeh�eve the same objective of officer and civil safety. 2. The current version of Redding Police Depaxtment Policy '70'7, attached hereto and incorporated herein by reference, is approved and adopted. 3. Th� Chief of Police sha11 praduce the annual military equipment report required by Gavernment Code section 70"72, publish the �ame on the Redding Palice Depart�ne�lt internet website, and provide the notice and public engagement requirec�by subdivision(b) of Government Code 7072. 4. The Chief of Poliee shall, after undertaking all aetions set forth in Section 3, herein, agendize considera�ion of the amlual military equipment repart for a regular meeting of the City Counc�l. S. The Chief of Police shall, no later than ten months (10) months after the adoption of this Ordi�lailce, and every subseq�ent renewal of the same, eause consideration of an ordinance to renew this �rdinance for an additional tenn of one (1) year to be agendized for first reading. Section 2. Severability. If a�1y section, subseetion, subdiv�sion, paragraph, sentence, clause or phrase of this Qrdinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity ar unenforceability sha11 not affect the validity ar enforceability of the remaining sections, subsections, subdivisions, paragraphs, senteilces, clauses or phrases of this Ordinance, or its application to any person or cireumstance. Tl�e City Council of the City of Redding hereby declares that it tivould have adopted each saction, subseetion subdivision paragraph, sentence, clause ar phrase hereof, irrespective af the fact that any one or more other sections, subsections subdivisions paragraphs, sel�tences, clauses or phrasas hereof be deelar�d invalid or unenforceable, Seetion 3, Th� City of Redding finds that this Ordinanee is not a "project" aecording to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15064(c)(2) (the activity wi11 not result in a direct or reasonably foreseeable indirect phyaical change in the environment) and 15061(b)(3} (th�ra is no possibility the activity in question may have a significant effect on the environment), the adoption af this Ordinance is therefore not subject to the pravisions requiring environmental review. I � �E� E� Y CE� TIFY that the foregoing ordinance was introdue�d and read by the City Cauncil of the City of Redding at a regular meeting an the 20th day of May, 2025, and was duly read and adapted at a regular meeting on the 3rd da� of June, 2025, by the following vote: AYES. COUNCIL ME BERS. NQES: C(3UNCIL MEiVIBERS: ABSENT; COUNCIL MElVIBERS: ABSTAIN: COUNCIL MEMBERS: JACK MUNNS, Mayor ATTEST: APPROVED AS TO FORM: SHARLENE TIPTC?N, City Clerk CHRISTIAN M. CURTIS, City Attorney DATE ATTESTED��_ , 2025 '• Redding Police Department , RPD Policy Manual Military Equipment 707.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 707.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body—The elected or appointed body that oversees the Department. Military equipment— Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater,excluding standard-issue shotguns and standard-issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. • Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. Copyright Lexipol,LLC 2025/05/07,aii R�gnts Rese�ed. Military Equipment- 1 Published with permission by Redding Police Department Redding Police Department RPD Policy Manual Military Equipment 707.2 POLICY It is the policy of the Redding Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator.The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body 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 governing body. (c) Conducting an inventory of all military eqtaipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Redding Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website(Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: Unmanned Aerial Vehicle (UAV) Armored Vehicle Mobile Command Vehicle Explosive Breaching .50 Caliber Rifle Rifles identified as assault weapons under Penal Code Sections 30510 and 30515 Noise Flash Diversionary Devices Tear Gas and Munitions Copyright Lexipol,LLC 2025/05/07,aii R�gnts Rese�ed. Military Equipment-2 Published with permission by Redding Police Department Redding Police Department RPD Policy Manual Military Equipment Kinetic Energy Weapons and Munitions For the most recent inventory report, see the Redding Police Department website at ht�p�;//�ityc�fr�ddi�geg�v/g�v�rr�r��r��Cd�p�rtrrr��r�t�/p�li��Cpc�li�€�� r�f�r�r��_€ibr�ry/ ��rr,bly_bill_4�1,php 707.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the gaverning body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (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 governing body. (f) Soliciting or responding to a proposal for,or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this Department 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 Department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid. 707.7 ANNUAL REPORT Upon approval of a military equipment policy,the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). Copyright Lexipol,LLC 2025/05/07,aii R�gnts Rese�ed. Military Equipment-3 Published with permission by Redding Police Department Redding Police Department RPD Policy Manual Military Equipment The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT Within 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 which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol,LLC 2025/05/07,aii R�gnts Rese�ed. Military Equipment-4 Published with permission by Redding Police Department