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Ordinance No. 1194 60 ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA APPROVING THE CYPRESS POLICE DEPARTMENT'S MILITARY EQUIPMENT USE POLICY WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies; WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; WHEREAS, the Cypress Police Department is in possession of certain items of equipment that qualify under the broad definition of"military equipment" under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department's use of such equipment; WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; WHEREAS, the City Council of the City of Cypress, having received the information required under AB 481 regarding the Cypress Police Department's use of "military equipment" as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Use Policy as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. City Council hereby approves and adopts the following: Military Equipment Policy (a) The City Council has made the following determinations: (1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) This military equipment use policy attached hereto as Exhibit "A" ("Policy") will safeguard the public's welfare, safety, civil rights, and civil liberties; (3) The equipment described in the Policy is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy 61 nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance. (b) The Cypress Police Department has made the Policy available on the Police Department's website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy. (c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted. (d) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use. (e) The Cypress Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d). SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Cypress forthwith upon its adoption. SECTION 4. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Cypress. SECTION 5. This ordinance shall become effective thirty (30) days following its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of e City of Cypre at a regular meeting held on the 9th day of May, 2022. d beleit;MAYOR OF THE CITY OF CYPRESS ATTEST: 6&91, CITY CL RK OF THE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } ss I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 9th day of May, 2022, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4k1M1?ki ti�Ull CITY CLERK OF HE CITY OF CYPRESS 62 Policy Cypress Police Department 708 Cypress Police Department Policy Manual Military Equipment 708.1 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). 708.1.1 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 handguns. • 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 a governing body or a state agency to require additional oversight. Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-1 Published with permission by Cypress Police Department 63 Cypress Police Department Cypress Police Department Policy Manual Military Equipment 708.2 POLICY It is the policy of the Cypress Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR The Support Services Division Lieutenant will 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 equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Cypress 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. 708.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: 708.4.1 FIREARM - PATROL RIFLE Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing a single projectile through a rifled bore for every pull of the trigger. Quantity: 47. Capabilities: Fires a lethal projectile. Expected Lifespan: 20+ years. Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-2 Published with permission by Cypress Police Department 64 Cypress Police Department Cypress Police Department Policy Manual Military Equipment Product Description:.223 caliber Patrol rifle manufactured by Colt, Bushmaster, or Eagle Arms. Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 311.3.3). Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification twice per year. Initial Cost: $48,000 Annual Cost: Approximately$2,400 for maintenance. 708.4.2 KINETIC ENERGY LAUNCHER Description: Less-lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile. Quantity: 17 Capabilities: Fires a less-lethal kinetic energy projectile. Expected Lifespan: 20+ years. Product Description: 37 MM Defense Technology Single Launcher; LMT 40 MM Single Launcher; Sage SL-6 37 MM Multi-Role Launcher; Remington 870 Less-Lethal Shotgun Purpose and Authorized Use: Less-lethal force option (Policy 307.9.1). Training Required: Less-lethal weapons training from POST-approved instructor. Initial Cost: $18,000 Annual Cost:Approximately$50 for maintenance of less-lethal shotgun; $150 annual maintenance for other launchers. 708.4.3 LIGHT SOUND DIVERSIONARY DEVICE (LSDD) Description: Device used by SWAT members that produces loud noise and bright light intended to cause disorientation and distraction. Quantity: 12 Capabilities: Distraction device used to minimize the risks to all parties by the temporary disorientation or distraction of potentially violent or dangerous suspects. Expected Lifespan: 5 years. Product Description: Combined Tactical Systems Flash-Bang Model #7290 Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects. Training Required: Diversionary device training from POST-approved instructor. Initial Cost: $675 Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-3 Published with permission by Cypress Police Department 65 Cypress Police Department Cypress Police Department Policy Manual Military Equipment Annual Cost: N/A 708.4.4 BREACHING SHOTGUN Description: Pump-action 12-gauge firearm used by SWAT members to defeat locking mechanisms. Quantity: 1 Capabilities: Traditional breaching method that provides for quick breaching of multiple locking mechanisms. Expected Lifespan: 30 years. Product Description: Remington 870 Tactical Shotgun Purpose and Authorized Use: May be deployed in any circumstance where the SWAT member needs to breach a door quickly and safely. Training Required: 40-Hour explosive breaching training with quarterly update training. Initial Cost: $925 Annual Cost: N/A 708.4.5 FIREARM - SWAT RIFLE Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing one or more projectiles through a rifled bore for every pull of the trigger. Quantity: 12. Capabilities: Fires a lethal projectile. Expected Lifespan: 20+ years. Product Description: 5.56 MM or.308 caliber rifle manufactured by Heckler& Koch or DPMS. Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed. Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification bi-monthly. Initial Cost: $27,650 Annual Cost: Approximately$600 for maintenance. 708.4.6 FIREARM - SWAT SUBMACHINE GUN Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing one or more projectiles through a rifled bore for every pull of the trigger. Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-4 Published with permission by Cypress Police Department 66 Cypress Police Department Cypress Police Department Policy Manual Military Equipment Quantity: 13 Capabilities: Fires a lethal projectile. Expected Lifespan: 20+ years. Product Description: 9 MM or.40 caliber submachine gun manufactured by Heckler&Koch.*Note: These firearms are not in current use but are in the Department's inventory. Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the gun may be needed. Training Required: Training from a department-authorized instructor. Initial Cost: $27,700 Annual Cost: N/A 708.4.7 FIREARM - SWAT BOLT-ACTION RIFLE Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge, firing one projectile through a rifled bore for every pull of the trigger. Quantity: 1. Capabilities: Fires a lethal projectile. Expected Lifespan: 20+ years. Product Description: 308 caliber bolt-action rifle manufactured by Remington. Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed. Training Required: 40-hour precision long-rifle training with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification bi-monthly. Initial Cost: $1,100 Annual Cost: Approximately$50 for maintenance. 708.5 SHARED MILITARY EQUIPMENT The following constitutes a list of qualifying equipment for the Department that may be deployed in collaboration with other law enforcement agencies. These items' potential for use within the City of Cypress comes from the Cypress Police Department's participation in the West County Special Weapons and Tactics (SWAT)Team, a collaboration of law enforcement personnel from the Cypress, Fountain Valley, Los Alamitos, Seal Beach, and Westminster Police Departments or through joint use-agreement with the Los Alamitos and Seal Beach Police Departments: Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-5 Published with permission by Cypress Police Department 67 Cypress Police Department Cypress Police Department Policy Manual Military Equipment 708.5.1 SWAT ARMORED RESCUE VEHICLE Description: An armored rescue vehicle deployed during high-risk incidents, special events, and community outreach. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster Police Department. Quantity: 1. Capabilities: Mobile armored vehicle to support high-risk deployments. Expected Lifespan: 25 years. Product Description: Ballistic Engineered Armored Rescue (BEARCAT) Vehicle, manufactured by Lenco. Purpose and Authorized Use: To assist police personnel in enhancing public safety by transporting first responders and/or community members to/from high-risk situations. Provide a mobile platform to safely transport and deploy personnel. Training Required: Formalized in-house driver operation and safety training. Initial Cost: Refer to Westminster Police Department. Annual Cost: N/A 708.5.2 MOBILE COMMAND VEHICLE Description: A customized vehicle used to enhance communication and coordination during emergency incidents, special events, or community outreach. *Note: This is a shared asset that is owned by the Cypress Police Department. Quantity: 1. Capabilities: On-scene incident command and control functions may be performed from a mobile command vehicle. Expected Lifespan: 20 years. Product Description: Modified command vehicle based on a Freightliner M2 106 chassis. Purpose and Authorized Use: A mobile command vehicle provides a strategic location for police personnel during emergency incidents, special events, or community outreach events. Use of this equipment is also appropriate for large-scale events that require advanced coordination of large numbers of police and other safety or first responder personnel. Training Required: Class B driver's license and additional department provided vehicle-specific, driver and operational training. Initial Cost: $450,000 *Note: This item was purchased in 2007 using federal grant funding. Annual Cost: Approximately $1,000. *Note: The maintenance costs for this asset are distributed evenly between the cities of Cypress, Los Alamitos, and Seal Beach. Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-6 Published with permission by Cypress Police Department 68 Cypress Police Department Cypress Police Department Policy Manual Military Equipment 708.5.3 SWAT KINETIC BREACHING TOOL Description: A hand-held breaching tool engineered to deliver high-impact energy to defeat locking mechanisms. *Note: This is a regional SWAT asset that is owned and maintained by the Seal Beach Police Department. Quantity: 1. Capabilities: Provides for safer and faster breaching. Expected Lifespan: 30 years. Product Description: Powder activated kinetic energy force entry tool. Purpose and Authorized Use: May be deployed in any circumstance where the member needs to breach a door quickly and safely. Training Required: Training on safe use and deployment and device functionality. Initial Cost: Refer to the Seal Beach Police Department. Annual Cost: N/A 708.5.4 SWAT LONG RANGE ACOUSTICAL DEVICE Description: A public address system that delivers live or recorded messages. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster Police Department. Quantity: 1. Capabilities: Provides public address notifications Expected Lifespan: 10 years. Product Description: Self-powered communication system that delivers voice messages and alert tones. Purpose and Authorized Use: May be deployed in any outdoor circumstances where the member needs to communicate information to the public. Training Required: Training on safe use and deployment and device functionality. Initial Cost: Refer to the Westminster Police Department. Annual Cost: N/A 708.5.5 SWAT UNMANNED AIRCRAFT SYSTEMS (UAS) Description:A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft, a component of a UAS, is defined by law as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. *Note: This is a regional SWAT asset that is owned and maintained by the Seal Beach Police Department. Quantity: Refer to the Seal Beach Police Department. Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-7 Published with permission by Cypress Police Department 69 Cypress Police Department Cypress Police Department Policy Manual Military Equipment Capabilities: Sustained flight controlled by a remote pilot on the ground. Expected Lifespan: Refer to the Seal Beach Police Department. Product Description: Refer to the Seal Beach Police Department. Purpose and Authorized Use: To assist SWAT personnel in enhancing public safety while protecting the rights and privacy of the general public. Training Required: Refer to the Seal Beach Police Department. *Note: No Cypress Police Department personnel are trained to operate UAS. Initial Cost: Refer to the Seal Beach Police Department. Annual Cost: N/A 708.5.6 SWAT REMOTE CONTROL ROBOT Description: A remotely controlled ground vehicle that moves on tracks, manufactured by Transcend. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster Police Department. Quantity: Refer to the Westminster Police Department. Capabilities: Provides ability for SWAT members to view scenes, deliver items, open doors, and visually clear buildings. Expected Lifespan: Refer to the Westminster Police Department. Product Description: Refer to the Westminster Police Department. Purpose and Authorized Use: May be deployed in any circumstances where the SWAT Commander determines remote viewing of a location or item delivery is appropriate and lawful. Training Required: Refer to the Westminster Police Department. *Note: No Cypress Police Department personnel are trained to operate this robot. Initial Cost: Refer to the Westminster Police Department. Annual Cost: N/A 708.6 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department 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. Copyright Lexipol,LLC 2022/05/11,All Rights Reserved. Military Equipment-8 Published with permission by Cypress Police Department 70 Cypress Police Department Cypress Police Department Policy Manual Military Equipment (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. 708.7 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.8 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval,and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department 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. 708.9 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 2022/05/11,All Rights Reserved. Military Equipment 9 Published with permission by Cypress Police Department