HomeMy WebLinkAbout14 INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1527 APPROVING TUSTIN POLICE DEPARTMENT GENERAL ORDERDocuSign Envelope ID: F31 D1 073-2A1 C -44F6-9616-191 E7AF1 8364
11�Y O
AGENDA REPORT
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY
JULY 19, 2022
MATTHEW S. WEST, CITY MANAGER
STU GREENBERG, CHIEF OF POLICE
Agenda Item 14
DS
Reviewed:
"5W
City Manager
Finance Director N/A
INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1527
APPROVING TUSTIN POLICE DEPARTMENT GENERAL ORDER
708 - MILITARY EQUIPMENT USE POLICY
Assembly Bill (AB) 481 requires the Tustin Police Department ("Department") to seek City
Council approval by ordinance for the funding, acquisition, and use of equipment defined
by the law as "military equipment." This report outlines staff's work in complying with the
new law and recommends the introduction of an ordinance approving the Department's
continued utilization of this equipment and a policy authorizing the Department to continue
purchasing and using the equipment outlined in Tustin Police Department General Order
708 — Military Equipment Use Policy.
RECOMMENDATION
Introduce Ordinance No. 1527 (Attachment 2) approving Tustin Police Department
General Order 708 — Military Use Equipment Policy, in compliance with AB 481 by reading
of the title only and waive further reading.
FISCAL IMPACT
No significant fiscal impacts are anticipated other than additional staff time to prepare and
present future items in compliance with AB 481.
BACKGROUND:
Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing
with Section 7070) to Division 7 of Title 1 of the Government Code. These provisions
require law enforcement agencies to obtain the approval of their respective governing
bodies, by adoption of a military equipment use policy (via ordinance), prior to use of any
equipment defined by the Government Code as "military equipment." For military
equipment purchased or within the possession of a law enforcement agency prior to
January 1, 2022, a law enforcement agency's continued use of such equipment may
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Introduction and Approval of Ordinance No. 1527
July 19, 2022
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continue provided that a military equipment use policy is presented to the governing body
by May 1, 2022, and thereafter approved by the governing body within 180 days of such
presentation. On April 19, 2022 the City Council directed staff to post the attached policy
draft on the Department's website and to schedule the required public hearing and first
reading of an ordinance approving the policy.
In accordance with Government Code 7071, the Department has created Tustin Police
Department General Order 708 — Military Equipment Use Policy (Attachment 1) and
posted the draft policy on the Department's website on May 3, 2022, which was more
than thirty days prior to City Council's consideration of this agenda item as required by
the Government Code. In addition, the Department caused the public hearing notice to
be published in the local newspaper for a minimum of 10 days prior to the public hearing
set for July 19, 2022, regarding the proposed adoption of the ordinance approving the
policy.
The Department seeks approval to continue use of the equipment listed within the
proposed policy and for the acquisition of new or replacement equipment as specified.
The equipment listed therein is integral for the Department's operational readiness and
continued delivery of public services to the community. The military equipment identified
in the policy is necessary because there is no reasonable alternative that can achieve the
Department's objective of officer and civilian safety. The policy will safeguard the public's
welfare, safety, civil rights, and civil liberties. Finally, the military equipment identified in
the policy is reasonably cost effective compared to available alternatives that can achieve
the same objective of officer and civilian safety.
Docu Signed by: DocuSigned by:
STU C. _ cA7sc54279BD4ss.. STEPHA�,, _3sae1s7E3ssF4scJ, Captain
Chief of Police Administrative Services Bureau
Attachment 1: Proposed Military Equipment Use Policy, General Order 708
Attachment 2: Ordinance No. 1527 — Adopting Tustin Police Department General
Order 708 regarding Military Equipment Use Policy
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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). This policy is provided to fulfill the obligations set forth in Assembly
Bill No. 481. These obligations include but are not limited to seeking approval on specific items
deemed to be military equipment and requirements related to compliance, annual reporting,
cataloging, and complaints regarding these items.
708.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: N/A
This policy pertains to the following Standard Operating Procedures: N/A
708.2 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing Body - The elected or appointed body that oversees the department, which for the
purposes of the department would be the Tustin City Council.
Military Equipment - Any of a wide variety of items as defined by California Government Code §
7070, subsections (c) (1) through (c) (16).
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 service weapons and their ammunition.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise -flash diversionary devices and explosive breaching tools.
708 — Military Equipment Use
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• 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.
708.3
POLICY
It is the policy of the Tustin Police Department that members of this department comply with the
provisions of Government Code § 7071 with respect to military equipment.
708.4 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate the Captain of the Administrative Services Bureau 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 Tustin City Council for matters related to the requirements of this
policy.
b. Identifying department equipment that qualifies as military equipment in the current
possession of the department, and any equipment the department intends to acquire that
requires approval by the Tustin City Council.
c. Conducting an inventory of all department military equipment at least annually.
d. Collaborating with any allied agency that may use military equipment within the jurisdiction
of Tustin Police Department (Government Code § 7071).
e. Preparing for, scheduling, and coordinating the annual community engagement meeting to
include:
i. Publicizing the details of the meeting.
ii. 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. Providing information on the department website which details how members
of the public can ask questions, raise concerns, or make comments regarding the military
equipment policy, or any use of military equipment by members of the department. The
military equipment coordinator is required to respond to questions, comments, and/or
concerns as specifically set forth in the Citizen Comments, Questions, and Concerns
portion of this policy.
h. Ensuring that any proposed and/or approved military equipment use policy is made
available on the department website for as long as the military equipment identified in the
policy is available for use. (Government Code § 7071(d) (2))
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708.5 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the department is:
a. Necessary because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same
objective of officer and civilian safety.
708.6 MILITARY EQUIPMENT INVENTORY
The listing at the end of this General Order constitutes an inventory of equipment owned and/or in
the possession of the Tustin Police Department which is deemed to be military equipment as
defined by this policy and state law.
708.7 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council 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 City Council and is available on the department website at least 30 days prior to
any public hearing concerning the military equipment policy 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.
708.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions that are providing mutual aid to this department
shall comply with their respective military equipment use policy in rendering mutual aid.
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708.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee will
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 will 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.
Within 30 days of submitting and publicly releasing an 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.
708.10 CITIZEN COMMENTS, QUESTIONS AND CONCERNS
The military equipment coordinator designated by the Chief of Police shall be required to include
information on the department's website detailing how members of the public can submit
questions, comments, or concerns regarding the military equipment use policy, or use of military
equipment that is governed by this policy. This information shall include the military use
coordinator's email address and telephone number. The military equipment coordinator must
respond, in writing, when possible, to any question, comment, or concern raised by a member of
the public within 10 business days of receipt of the comment, question, or concern. When
appropriate, the military equipment coordinator will forward any concern which rises to the level of
a citizen complaint to the Professional Standards Division for handling pursuant to General Order
1020 - Personnel Complaint Procedure.
Any complaint regarding the use of military equipment governed by this policy shall be processed
in accordance with General Order 1020 - Personnel Complaint Procedure.
708.11 COMPLIANCE AND OVERSIGHT
All members of the department are required to comply with this military use policy. Failure of any
member to comply with this military use policy may subject that member to discipline as set forth
in General Order 1020 - Personnel Complaint Procedure.
The City Council of the City of Tustin shall have oversight authority with respect to the provisions
of this policy and its implementation.
708 — Military Equipment Use
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MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of equipment owned and/or in the possession of the Tustin
Police Department which is deemed to be military equipment as defined by this policy and state
law:
1) RESCUE VEHICLE
Commercially produced wheeled rescue personnel vehicle utilized for law enforcement
purposes.
Current Inventory:
LENCO BEARCAT G3
• Description: Rescue vehicle that seats 10-12 personnel with open floor plan that
allows for rescue of down personnel. The Bearcat G3 has increased ground
clearance and a robust suspension which allows for an emergency response to
almost any situation. It can stop various projectiles, which provides greater
safety to citizens and officers beyond the protection level of shield and personal
body armor.
• Quantity:1
• Purchase Price: $372,496.00
ARMORED FORD TACTICAL TRANSIT VAN
• Description: Rescue vehicle that seats 10-12 personnel with open floor plan that
allows for rescue of down personnel. It can stop various projectiles, which provides
greater safety to citizens and officers beyond the protection level of shield and
personal body armor.
• Quantity:1
• Purchase Price: $140,800.00
Purpose: To be used in response to critical incidents to enhance officer and community
safety, improve scene containment and stabilization, and assist in resolving critical
incidents.
Authorized Use: The use of the rescue vehicle shall only be authorized by a watch
commander or SWAT commander, based on the specific circumstances of a given critical
incident. Rescue vehicles shall be used only by officers trained in their deployment and in
a manner consistent with department policy and training.
Expected Lifespan:
• Bearcat G3: 25 years
• Armored Ford Tactical Transit Van: 10-15 years
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Fiscal Impact: Annual fiscal impact varies dependent on maintenance requirements.
Training: All driver/operators shall attend formalized instruction and be trained in vehicle
operations and practical driving instruction.
Legal and Procedural Rules: It is the policy of the department to utilize armored vehicles
only for official law enforcement purposes, and pursuant to State and Federal law.
2) MOBILE INCIDENT COMMAND VEHICLE (MIC)
A vehicle utilized as a mobile office that provides shelter, access to department computer
systems, and restroom facilities during extended events.
Current Inventory:
INTERNATIONAL MATTMAN CHASSIS (custom built 1999)
Description: The MIC can also be utilized for SWAT/CNT, critical incidents,
preplanned large events, searching for missing persons, natural disasters, and
community events. The vehicle is the primary command and control platform for
the department's SWAT team during training and SWAT operations.
Quantity: 1
Purchase Price: $329,432.37
Purpose: To be used based on the specific circumstances of a given critical incident, large
event, natural disaster, or community event that is taking place.
Authorized Use: Only officers trained in the deployment and operations in a manner
consistent with department policy and training are authorized to operate the MIC.
Situations in which the MIC is authorized for use would include, but not be limited to,
critical incidents, emergencies, and natural disasters.
Expected Lifespan: The MIC, has a 20 -year lifespan on chassis and vehicle structure.
Fiscal Impact: The annual maintenance cost is approximately $9,000.00.
Trainin : The driver/operator shall receive training in the safe handling of the vehicle on a
closed training course. Once the operator has shown competence in vehicle handling, the
driver/operator will drive the vehicle throughout the city with an experienced driver.
Legal and Procedural Rules: It is the policy of the department to use the MIC only for
official law enforcement purposes, and in accordance with California State law regarding
the operation of motor vehicles.
3) RIFLES AND ASSOCIATED AMMUNITION
Firearm designed and intended to be fired from the shoulder and designed to use the
energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
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Current Inventory:
AMERICAN DEFENSE MANUFACTURING ADM4 MOD -2 PATROL RIFLE
Description: This firearm is chambered in .223 caliber/5.56 mm and has a 16 -inch
barrel. The magazine holds 30 rounds of ammunition and the rifle has a collapsible
stock. This rifle is primarily used in a patrol capacity.
Quantity: 42
Purchase Price: $2,700.00/firearm
AMERICAN DEFENSE MANUFA TURING ADM4 MOD -2 SHORT BARRELED RIFLE
• Description: Magazine -fed, semi-automatic rifle with a 10.5 -inch barrel, chambered
in .223/5.56. This rifle has a collapsible/folding stock and is primarily used in covert
capacity in order to be rapidly deployable.
• Quantity:3
• Purchase price: $2,700/rifle,
AMERICAN DEFENSE MANUFA TURING ADM4 MOD -2 SELECT FIRE RIFLE
Description: This firearm is chambered in .223 caliber/5.56mm and has a 16 -inch
barrel. The magazine holds 30 rounds of ammunition and the rifle has a collapsible
stock. This rifle is only issued to SWAT personnel.
Quantity: 4
Purchase price: $2,700/rifle
COLT AR -15 A3 RIFLE
Description: This firearm is chambered in .223 caliber/5.56 mm and has a 16 -inch
barrel. The magazine holds 30 rounds of ammunition and the rifle has a collapsible
stock. This rifle is primarily used in a patrol capacity and is expected to be phased
out and replaced by the American Defense Manufacturing ADM4 rifles.
Quantity: 41
Purchase Price: $1,000.00 each
COLT M-4 SELECT FIRE RIFLE
Description: The is rifle is chambered in .223 caliber/5.56mm and has a 16 -inch
barrel. The magazine holds 30 rounds of ammunition and the rifle has a collapsible
stock. This rifle is only issued to SWAT personnel.
Quantity: 4
Purchase Price: $1,00.00 each
FEDERAL XM193 RIFLE ROUND
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• Description: Federal 5.56 ammunition features a lead core 55 graub Full Metal
Jacket (FMJ) bullet that is nonmagnetic, and non -corrosive. The Federal XM193
ammunition is used for rifle training.
• Quantity: 20,000
• Purchase Price: $200.00 per case of 500
WINCHESTER RANGER SOFT POINT RA223RY RIFLE ROUND
• Description: Winchester .223 caliber duty ammunition features a Lead Pointed Soft
Point (PSP) 55 grain bullet that is nonmagnetic and non -corrosive.
• Quantity: 4,000
• Purchase Price: $660.00 per case of 1,000
WINCHESTER RANGER FRANGIBLE RA223SF RIFLE ROUND
• Description: Winchester .223 caliber duty ammunition features a frangible 55 grain
bullet that is nonmagnetic and non -corrosive.
• Quantity: 3,000
• Purchase Price: $660.00/1,000 rounds
WINCHESTER RANGER PENETRATOR M85 RIFLE ROUND
• Description: Winchester M855 5.56mm duty ammunition features a 62 -grain green
tip penetrator bullet.
• Quantity: 2,000
• Purchase Price: $495.00 per case of 1,000
Purpose: To be used as precision weapons and ammunition to address a threat with more
precision and/or greater distances than a handgun, if present and if use is feasible.
Authorized Use: Only officers who have received training with the specific firearm are
authorized to use that rifle.
Expected Life Span:
• American Defense Manufacturing ADM4 Mod -2 patrol rifle - 20 years
• American Defense Manufacturing ADM4 Mod -2 short barreled rifle - 20 years
• American Defense Manufacturing ADM4 Mod -2 select fire SWAT rifle - 20 years
• Colt AR -15 A3 patrol rifle — 5 years
• Colt M-4 SWAT Rifle — 5 Years
• Federal XM193 5.56mm rifle training ammunition — no expiration
• Winchester Ranger RA223RY .223 rifle duty ammunition — no expiration
• Winchester Ranger RA223SF .223 frangible rifle ammunition — no expiration
• Winchester Ranger M844 5.56 penetrator rifle ammunition — no expiration
Fiscal Impact: Annual maintenance is approximately $50 for each rifle.
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Training: Prior to using a rifle, officers must be certified by POST instructors in the
operation of the rifle. Additionally, all members that operate any rifle are required to pass a
range qualification four times a year.
Legal and Procedural Rule: It is the policy of the Tustin Police Department to utilize rifles
only for official law enforcement purposes, and pursuant to State and Federal law
regarding the use of force.
4) NOISE -FLASH DIVERSIONARY DEVICES
A device used to distract a potentially dangerous person or persons.
Current Inventory:
DEFENSE TECHNOLOGY (DEFTEC), MODEL 8933 DISTRACTION DEVICE BODY
Description: This device has a reloadable steep body and is the newest version of
the original Multi -Port Plus reusable, non -bursting canister body. The top and
bottom ports are designed to ensure equalization of blast pressure to minimalize or
eliminate movement. The body is designed to reduce rolling when deployed and
will accept the 15 -gram, 12 -gram and 4 -gram reloads with an M201A1 type fuse.
Quantity: 5
Purchase Price: $1,000.00 each
DEFENSE TECHNOLOGY MODEL 8901 DISTRACTION DEVICE 12 GRAM RELOAD
Description: Standard military -style M201A1 type fuse, produces 175 dB of sound
output at 5 feet and produces 6-8 million candelas for 10 milliseconds. Reload is
available with and without a safety clip.
Quantity: 22
Purchase Price: $500 each
Purpose: A distraction device is ideal for distracting dangerous suspects during assaults,
hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric
overpressure and brilliant white light which, as a result, can cause short-term (6 - 8
seconds) physiological/psychological sensory deprivation to give officers a tactical
advantage.
Authorized Use: Diversionary Devices shall only be used:
a) By officers who have been trained in their proper use.
b) In hostage and barricaded subject situations.
c) In high-risk warrant (search/arrest) services where there may be extreme hazards
to officers.
d) During other high-risk situations where their use would enhance officer safety.
e) During training exercises.
Expected Lifespan: Until used.
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Fiscal Impact: No annual maintenance.
Training: Prior to use, officers must attend diversionary device training that is conducted
by POST certified instructors.
Legal and Procedural Rules: It is the policy of the Tustin Police Department to utilize
diversion devices only for official law enforcement purposes, and pursuant to State and
Federal law regarding the use of force.
5) EXPLOSIVE BREACHING TOOLS
Tools that are used to conduct an explosive breach.
Current Inventory:
REMINGTON 870 BREACHER PISTOL GRIP SHOTGUN
Description: This weapon allows for breachers to safely utilize shotgun breaching
rounds in order to destroy deadbolts, locks, and hinges. The stand-off that is
attached to the end of the barrel allows for positive placement of the gun into the
correct position and vents gases to prevent overpressure. This weapon can also
defeat windows and sliding glass doors with a flash bang round. This is a less
lethal 2.4- inch 12 -gauge shotgun round firing a ballistic fiber bag filled with 40
grams of lead shot at a velocity of 270-290 feet per second (FPS).
Quantity: 1
Purchase Price: $800
SAFARILAND DEFENSE TECHNOLOGY 12-GAUAGE TKO BREACHING ROUND
Description: This round is a translucent 12-guage shell loaded with a compressed
zinc slug. The 12 Gauge TKO Breaching round utilizes smokeless powder as the
propellant. When properly deployed, the TKO Breaching Round is capable of
defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains,
and pad locks on both wooden or hollow core doors. Upon impact with the target,
the zinc slug disintegrates into a fine powder eliminating additional fragmentation.
Quantity: 10
Purchase Price: $7.00 each
Purpose: To safely gain entry into a structure.
Authorized Use: Explosive breaching may only occur after authorization by the Incident
Commander or SWAT Commander in the field, and during training exercises.
Expected Lifespan:
• Remington 870 Breacher Pistol Grip Shot Gun: 25 years
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• Safariland Defense Technology 12 -Gauge TKO Breaching Round: 5 years from
date of manufacture.
Fiscal Impact: Annual maintenance is approximately $50.00.
Trainin : All officers who use explosive breaching tools shall attend and successfully pass
a certified course in the use of any breaching or explosive entry tool.
Legal and Procedural Rules: It is the policy of the Tustin Police Department to utilize
breaching tools only for official law enforcement purposes, and pursuant to State and
Federal law.
6) CHEMICAL AGENTS AND SMOKE CANISTERS
Canisters/Munitions containing chemical agents that are released when deployed.
Current Inventory:
DEFENSE TECHNOLOGY (DEFTEC), MODEL 1016 POCKET TACTICAL GRANADEE CS
• Description: The Pocket Tactical CS Grenade is small and lightweight. This is a
hand-held, hand -thrown grenade. The 0.9 ounces of active agent will burn
approximately 20-40 seconds and is 4.75 inches by 1.4 inches in size. This
grenade is a launchable grenade however it is normally used as a signaling or
covering device. It produces a smoke cloud so fast it appears to be an enveloping
screen produced by a full-size tactical grenade.
• Quantity:9
• Purchase Price: $450.00
DEFENSE TECHNOLOGY (DEFTEC), FLAMELESS TRI -CHAMBER CS GRANADE
MODEL 1032
• Description: The design of the Tri -Chamber Flameless CS Grenade allow the
contents to burn within an internal can and disperse the agent safely with reduced
rick of fire. The grenade is designed primarily for indoor tactical situations to detect
and or dislodge a barricaded subject. This grenade will deliver approximately .70
ounces of agent during its 20-25 second burn time.
• Quantity:1
• Purchase Price: $100
DEFENSE TECHNOLOGY POCKET SMOKE GRENADE SAF -SMOKE MODEL 1017
• Description: The pocket tactical Saf-Smoke grenade is small and lightweight. The
Saf-Smoke will burn approximately 20-40 seconds and is 4.75 inches by 1.4
inches in size. This is a launchable grenade, however, it is normally used as a
signaling or covering device.
• Quantity:6
• Purchase Price: $300
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DEFENSE TECHNOLOGY MILITARY STYLE SAF -SMOKE GRENADE MODEL 1063
• Description: The Saf-Smoke Grenade was designed for training but may also be
used in operations. The Saf-Smoke Grenade offers the same approximate burn
time as the Spede-Heat in CN or CS and the Riot Control grenade in CN or CS.
The similar burn times may make it the appropriate choice for training or simulation
deployment of chemical agent canisters. The Saf-Smoke formulation is considered
to be less toxic than Hexachloroethane smoke.
• Quantity:2
• Purchase Price: $200
Purpose: To cause a suspect discomfort and/or deny him/her access to certain areas of a
structure, vehicle, or area to aid in bringing an event to a successful conclusion. Situations
for use of chemical agents may include but are not limited to:
a) To reduce violence, minimize property damage, and protect the public.
b) To disperse individuals during riots or incidents of civil disobedience.
c) To incapacitate a suspect who is endangering life or property.
d) To apprehend suspects who refuse to submit to arrest.
Authorized Use: Personnel who have been certified by POST less lethal and chemical
agents instructors.
Excepted Life Span: Refer to manufacturer's specifications sheet for each munitions. Life
span of most munitions is 5 years from date of manufacturer.
Fiscal Impact: No annual maintenance. Munitions must be replaced per manufacturer
recommendations.
Trainin : Sworn members utilizing chemical agents are trained in their use by POST
certified chemical agent instructors.
Legal and Procedural Rules: Authorized use is established under the Use of Force Policy.
It is the policy of the Tustin Police Department to utilize chemical agents only for official
law enforcement purposes, and pursuant to State and Federal law regarding the use of
force.
7) PEPPERBALL LAUNCHER AND ASSOCIATED MUNITIONS
A device that discharges irritant projectiles.
Current Inventory:
PEPPERBALL FTC LAUNCHER
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Description: The pepperball launcher is a tactical single shot launcher capable of
deploying an assortment of different projectiles. This launcher features a hopper,
high pressured air tank and a sling. It will launch up to 100 feet.
Quantity: 8
Purchase Price: $500.00 each
PEPPERBALL LIVE PROJECTILE
Description: The live projectile is a plastic projectile containing a white powder This
powder contains a small percentage pf "Pava" which reacts to the body similarly to
Pepperspray. This 0.68 caliber projectile travels between 280 and 300 feet per
second (FPS). It provides accurate and effective performance when deployed from
the approved distance.
Quantity: 3,500
Purchase Price: $495.00/case of 375 projectiles
PEPPERBALL INERT PROJECTILE
Description: A PepperBall inert projectile is a plastic projectile containing a white
powder similar to Talcum Powder. This projectile is primarily used for training
purposes but is also available to officers for situationally based deployments. This
0.68 caliber projectile travels between 280 and 300 FPS.
Quantity: 100
Purchase Price: $495.00 / case of 375 projectiles
PEPPERBALL HPA (HIGH PRESSURE AIR) TANKS
Description: PepperBall launchers use high pressure air to deploy the projectile
from the launcher. The HPA tank attaches to the launcher and allows the launcher
to function.
Quantity: 20
Purchase Price: Varies between $50 to $130
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.
Situations for use of the less lethal weapon systems may include but are not limited to:
a) Self-destructive, dangerous and/or combative individuals.
b) Riot/crowd control and civil unrest incidents.
c) Circumstances where a tactical advantage can be obtained.
d) Potentially vicious animals.
e) Training exercises or approved demonstrations.
Authorized Use: Officers who have been trained in the use of PepperBall launchers are
authorized to use the PepperBall launcher.
Excepted Life Span:
• PepperBall FTC Launcher: 10 years
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• PepperBall Live Projectiles: 3 years
• PepperBall Inert Projectiles: 3 years
• PepperBall HPA Tanks: 10 years
Fiscal Impact: No annual maintenance. Munitions must be replaced per manufacturer
recommendations.
Training: Personnel who have successfully completed an approved departmental training
course shall be authorized to use kinetic energy projectiles. Officers deploying kinetic
energy projectiles will complete a recertification course at least once every two years.
Legal and Procedural Rules: Authorized use is established under the Use of Force Policy.
It is the policy of the Tustin Police Department to utilize chemical agents only for official
law enforcement purposes, and pursuant to State and Federal law regarding the use of
force.
8) 40 MM LAUNCHER AND ASSOCIATED MUNITIONS
40MM Launchers are utilized by department personnel as a less lethal tool to launch
impact rounds.
Current Inventory:
DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER MODEL 1006/1425
• Description: The 40MM Single Launcher is a tactical single shot launcher. It will
fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It
will launch a 40mm less lethal round up to 131 feet.
• Quantity: 12
• Purchase Price: $1,000.00 each
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE MODEL 6325
• Description: A less lethal 40mm lightweight plastic and foam projectile fired from a
single or multi -round purpose built 40mm grenade launcher with a rifled barrel at
325 FPS. The 30 -gram foam projectile delivers 120 foot pounds of energy on
impact. The 40mm Exact Impact Sponge Round provides accurate and effective
performance when fired from the approved distance of not less than five (5) feet
and as far as 131 feet from the target.
• Quantity: 1,000
• Purchase Price: $18.00 each
SAGE CONTROL MUNITIONS 40MM FOAM IMPACT BATON MODEL K048LW
• Description: A less lethal 40mm direct fire soft -tip baton projectile that is designed
to be used where kinetic energy is preferred for the incapacitation of hostile and/or
noncompliant individuals.
• Quantity: 500
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• Purchase Price: $20.00 each
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.
Authorized Use: Situations for use of the less lethal weapon systems may include, but are
not limited to:
a) Self-destructive, dangerous and/or combative individuals.
b) Riot/crowd control and civil unrest incidents.
c) Circumstances where a tactical advantage can be obtained.
d) Potentially vicious animals.
e) Training exercises or approved demonstrations.
Trainin : Sworn members utilizing 40mm less lethal chemical agents or impact rounds are
trained in their use by POST certified less lethal and chemical agent instructors.
Expected Life Span: Defense Technology Launchers - 25 years, Rounds - 5 years.
Fiscal Impact: Annual maintenance is approximately $50 for each launcher.
Legal and Procedural Rules: Authorized use is established under the Use of Force Policy.
It is the policy of the Tustin Police Department to utilize the 40mm only for official law
enforcement purposes, and pursuant to State and Federal law, including those regarding
the use of force.
9) LESS LETHAL SHOTGUN AND ASSOCIATED MUNITIONS
Device used to deploy the less lethal 12 -gauge Super -Sock Beanbag Round.
Current Inventory:
REMINGTON 870 LESS LETHAL SHOTGUN
Description: The Remington 870 Less Lethal Shotgun is used to deploy the less
lethal 12 -gauge Super -Sock Beanbag Round up to a distance of 75 feet. The
range of the weapon system helps to maintain space between officers and a
suspect reducing the immediacy of the threat which is a principle of de- escalation.
Quantity: 31
Purchase Price: $500 each
DRAG STABILIZED 12 -GAUGE BEANBAG ROUND
Description: A less lethal 2.4 -inch 12 -gauge shotgun round firing a ballistic fiber
bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second
(FPS). Drag Stabilized rounds are discharged from a dedicated 12- gauge shotgun
that is distinguishable by an orange butt stock and fore grip. This round provides
accurate and effective performance when fired from the approved distance of not
fewer than five (5) feet. The maximum effective range of this munition is up to 75
feet from the target. The Drag Stabilized Model is in its deployed state immediately
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upon exiting the barrel. It does not require a minimum range to "unfold" or
"stabilize." The Drag Stabilized Model is an aerodynamic projectile.
Quantity: 2,000
Purchase Price: $5.34 each
Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible.
Authorized Use: Situations for use of the less lethal weapon systems may include, but are
not limited to:
a) Self-destructive, dangerous and/or combative individuals.
b) Riot/crowd control and civil unrest incidents.
c) Circumstances where a tactical advantage can be obtained.
d) Potentially vicious animals.
e) Training exercises or approved demonstrations.
Expected Life Span: Remington 870 Less Lethal Shotgun - 25 years, Drag Stabilized 12 -
gauge beanbag round — 5 years.
Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.
Training: All officers are trained in the 12 -gauge less lethal shotgun as a less lethal option
by in-service training. SWAT personnel receive additional training internally when they
transfer to the unit. SWAT operators who utilize these munitions successfully completed a
POST approved gas school and/or trained in house by POST certified chemical agent
instructors for muzzle blast training.
Legal and Procedural Rules: Authorized use is established under the Use of Force Policy.
It is the policy of the Tustin Police Department to utilize the less lethal shotgun only for
official law enforcement purposes, and pursuant to State and Federal law, including those
regarding the use of force.
10) UNMANNED AIRCRAFT SYSTEM WAS)
An unmanned aircraft along with the associated equipment necessary to control it
remotely.
Current Inventory: The department is not currently in possession of any unmanned
aircrafts. However, the department anticipates acquiring one or more of the following
UAS(s) in the next year.
DJI MAVIC 2 ENTERPRISE ADVANCED
Description: A commercial grade platform that is operated by a single pilot and is
geared toward law enforcement. It is one of the most commonly used UAS
platforms in law enforcement. It is equipped with an advanced dual thermal and
day camera for high definition imagery up to 32X zoom. This eliminates the need
to purchase multiple cameras since these are encompassed in one platform.
Three (3) of these systems will be needed for multiple video angles on a major
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incident, general redundancy, and
unexpected event one is out of service
• Quantity:0
• Purchase Price: (1) DJI Mavic 2
accessories is $6,500.00.
DJI MAVIC MINI 2
to ensure there is no downtime in the
Enterprise Advanced with the required
• Description: A recreational/professional platform that is operated by a single pilot.
It has a vertical panning camera that can also provide high definition video. Two
(2) of these systems will be needed for training purposes, indoor flying, and to
ensure there is no downtime in the unexpected event one is out of service.
• Quantity: 0
• Purchase Price: (1) DJI Mavic Mini 2 with the required accessories is $648.00.
DJI MAVIC AIR2S
• Description: A recreational/professional platform that is operated by a single pilot.
It has a vertical panning daytime camera for high definition imagery with 8X zoom.
This platform can be flown outdoors or indoors and can be used to clear smaller
spaces, document crime scenes, or provide real-time intelligence to officers on
active scenes or search and rescue operations
• Quantity:0
• Purchase Price:(1) DJI Mavic Air 2S with the required accessories is $1,299.00.
Purpose: To be deployed when the view of the UAS would assist officers or incident
commanders with the following situations, which include but are not limited to:
a) Major collision investigations.
b) Search for missing persons.
c) Natural disaster management.
d) Crime scene photography.
e) SWAT, tactical or other public safety and life preservation missions.
f) In response to specific requests from local, state or federal fire authorities for fire
response and/or prevention.
Authorized Use: Only assigned operators who have completed the required training shall
be permitted to operate the UAS during approved missions.
Expected Life Span: All UAS equipment - 5 years
Fiscal Impact: The fiscal impact of this equipment will be updated with the department's
annual review.
Trainin : All department UAS operators will be licensed by the Federal Aviation
Administration for UAS operation. In addition, each operator must attend a basic operator
course, night operator course and ongoing quarterly training.
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Legal and Procedural Rules: UAS use is established under FAA Regulation 14 CFR Part
107 and the City of Tustin Policy and Standard Operating Procedure. It is the policy of the
Tustin Police Department to utilize the UAS program for official law enforcement purpose,
and in a manner that respects the privacy of our community, pursuant to State and
Federal Law.
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ORDINANCE NO. 1527
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND
APPROVING TUSTIN POLICE DEPARTMENT POLICY 708,
MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE
WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481)
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1. On September 30, 2021, Governor Gavin Newsom signed into law
Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
Assembly Bill 481, codified at California Government Code sections 7070 through 7075,
requires law enforcement agencies to obtain approval of the applicable governing body,
by an ordinance adopting a "military equipment" use policy, at a regular meeting held
pursuant to open meeting laws, prior to taking certain actions relating to the funding,
acquisition, or use of military equipment. AB 481 also requires that in seeking the approval
of the governing body, a law enforcement agency shall submit a proposed military
equipment use policy to the governing body and make those documents available on the
law enforcement agency's internet website at least 30 days prior to any public meeting
concerning the military equipment at issue. The term "military equipment" is defined in
California Government Code section 7070. Assembly Bill 481 allows the governing body
of a city to approve the funding, acquisition, or use of military equipment within its
jurisdiction only if it makes specified determinations.
SECTION 2. The Tustin Police Department Military Equipment Use Policy is attached as
Exhibit "A" (the "Policy"). The Policy was published on the City of Tustin internet website,
which also serves as the website for the Tustin Police Department, for not less than 30
days commencing on May 3, 2022. The proposed Ordinance and Policy were presented
to City Council at a duly noticed public hearing held on July 19, 2022, at which time
members of the public were provided an opportunity to comment on the proposed
Ordinance and Policy.
SECTION 3. The Policy complies with the requirements of California Government Code
section 7070, subdivision (d).
SECTION 4. Based on the findings above, in addition to information provided to the City
Council at the public hearing, the City Council determines as follows:
A. The military equipment identified in the Policy is necessary because
there is no reasonable alternative that can achieve the same objective of officer
and civilian safety.
B. The Policy will safeguard the public's welfare, safety, civil rights, and
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civil liberties.
C. The military equipment identified in the Policy is reasonably cost
effective compared to available alternatives that can achieve the same objective
of officer and civilian safety.
SECTION 5. Approval of the Policy. The City Council of the City of Tustin approves and
adopts Tustin Police Department Policy 708, "Military Equipment Use", attached hereto
as Exhibit "A". In doing so, the City Council directs that:
A. Staff is authorized to request, seek funding for, acquire, collaborate
with other jurisdictions about the deployment of, and use military equipment
consistent with this Policy.
B. The Policy shall be maintained on the Police Department's website
page.
C. Annually, the Police Department shall hold a well-publicized and
conveniently located community engagement meeting regarding the Police
Department's Policy and use of military equipment, pursuant to Cal. Government
Code section 7072 (b).
D. Annually, the City Council shall review this Ordinance, the Policy and
the annual military equipment report prepared by the Police Department pursuant
to Cal. Government Code section 7072 and determine by ordinance whether to
continue the Ordinance and Policy or to modify such Policy or initiate the repeal of
the Ordinance.
E. Annually, the City Council shall determine, based on the annual
military equipment report submitted pursuant to Cal. Government Code section
7072, whether each type of military equipment identified in that report has complied
with the standards for approval set forth in this Ordinance.
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance for any reason is held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance and shall
cause a summary thereof to be published within fifteen (15) days of the adoption and shall
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post a Certified copy of this Ordinance, including the vote for and against the same, in the
Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 19th day of July, 2022.
AUSTIN LUMBARD,
Mayor
CARRIE WOODWARD,
Acting City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1527
I, Carrie Woodward, Acting City Clerk and ex -officio Clerk of the City Council of the City
of Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1527
was duly and regularly introduced and read by title only at the regular meeting of the City
Council held on the 19th day of July, 2022, and was given its second reading, passed
and adopted at a regular meeting of the City Council held on the day of , 2022,
by the following vote::
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
CARRIE WOODWARD,
Acting City Clerk
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