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HomeMy WebLinkAbout07 ANNUAL REPORT ON THE TUSTIN POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT PER CALIFORNIA AB 481.pDocuSign Envelope I : FA3E7752-63FE-4EB1-A90B-946043B897C0 Agenda Item 7 Reviewed: DS a AGENDA REPORT City Manager Finance Director aKs MEETING DATE: JUNE 4, 2024 TO: NICOLE BERNARD, ACTING CITY MANAGER FROM: STU GREENBERG, CHIEF OF POLICE SUBJECT: ANNUAL REPORT ON THE TUSTIN POLICE DEPARTMENT'S USE OF MILITARY EQUIPMENT PER CALIFORNIA ASSEMBLY BILL 481 SUMMARY 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 legislation also requires law enforcement agencies to submit to the City Council an annual report outlining a summary of the use of the equipment and the purpose for its use, any complaints or concerns received concerning the military equipment, results of any internal audits or violations and any actions taken in response, the total annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the annual report, a well -publicized and community engagement meeting must be held to allow for public comments. This report outlines staff's work in complying with the law and request for continued utilization of the Department's military equipment and approval of the Department's military equipment policy under Tustin Police Department General Order 708 — Military Equipment Use Policy. RECOMMENDATION 1. To receive and file the annual report on the Department's use of military equipment for calendar year 2023 (Attachment 1); 2. To receive and file the proposed version of Tustin Police Department General Order 708 — Military Use Equipment Policy (Attachment 2), 3. To direct the Tustin Police Department to post Tustin Police Department General Order 708 (Attachment 2) on the Department's website; 4. To direct the Tustin Police Department to hold a well -publicized and conveniently located meeting to give the public an opportunity to discuss the annual military equipment report; and 5. To direct staff to set the matter for a public hearing regarding an ordinance to renew the Tustin Police Department General Order 708 which is at least 30 days from today's date. 1840763.1 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Annual Report on Use of Military Equipment June 4, 2024 Page 2of3 FISCAL IMPACT The estimated annual cost for the use and maintenance of the military equipment is detailed under each specific category item outlined in Tustin Police Department General Order 708 — Military Use Equipment Policy. 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." On July 19, 2022, the Council adopted Ordinance No. 1547 (Attachment 3) approving Tustin Police Department General Order 708 — Military Use Equipment Policy. Section 7072 of Assembly Bill 481 requires a law enforcement agency that receives approval for the use of military equipment to submit to the governing body an annual report outlining the following information: 1. A summary of how the military equipment was used and the purpose of its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. 5. The quantity possessed for each type of military equipment. 6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. In addition, within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well -publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 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 1840763.1 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Annual Report on Use of Military Equipment June 4, 2024 Page 3 of 3 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. DocuSigned by: DocuSigned by: S �La ar a#t, S G'REEI'IffERG MA LAAIRZAITE, Captain Chief of Police Personnel & Investigations Bureau Attachment 1: Annual Report on Use of Military Equipment (Calendar Year 2023) Attachment 2: Proposed Update to Military Equipment Use Policy, General Order 708 Attachment 3: Ordinance No. 1547 — Adopting Tustin Police Department General Order 708 regarding Military Equipment Use Policy 1840763.1 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Annual Report on Use of Military Equipment Assembly Bill 481 Reporting Period - Calendar Year 2023 ATTACHMENT 1 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Table of Contents Introduction: ............................................................................................................................................... 3 Methodology: ............................................................................................................................................. 4 Overview of Military Equipment: ................................................................................................................. 5 Training and Deployment Procedures: ....................................................................................................... 5 Summary of Military Equipment Usage: ..................................................................................................... 5 Summaryof Complaints: ............................................................................................................................ 7 Violations of Policy / Internal Audits: .......................................................................................................... 7 Total Annual Costs and Inventory of Military Equipment: ........................................................................... 7 Future Acquisition of Additional Equipment: ............................................................................................... 7 Community Outreach and Transparency: ................................................................................................... 8 1840774 Page 12 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Introduction: This report provides a comprehensive assessment of the Tustin Police Department's (TPD) use of military equipment in compliance with Assembly Bill (AB) 481. The purpose of this report is to provide transparency, accountability, and insights into the department's acquisition, deployment, and use of military equipment during the reporting period. On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of the agency's applicable governing body (in this case, the City Council) by adoption of a military equipment use policy. The department is required to seek City Council approval of its military equipment use policy via an ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of "military equipment", as that phrase is defined by the Government Code. The bill allows the governing body to approve the funding, acquisition, and/or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non- compliance with standards. AB 481 requires a law enforcement agency that receives approval for military equipment use to submit an annual military equipment use report to City Council in addition to seeking approval for the continued use of the equipment as outlined in the department's military use policy (General Order 708 — Military Equipment Use). The law enforcement agency shall also make each annual report publicly available on its internet website for as long as the military equipment is available for use. 1840774.1 Page 13 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 The annual military equipment report shall include the following information for the immediately preceding calendar year for each type of military equipment: 1. A summary of how the military equipment was used and the purpose of its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment usepolicy, and any actions taken in response. 4. The total annual cost for each type of military equipment, including acquisition, personnel, train ing,transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. 5. The quantity possessed for each type of military equipment. 6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well -publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, and/or use of military equipment. Methodology: The information presented in this report is based on data provided by the Tustin Police Department. The data includes inventory records, training documentation, deployment reports, and community engagement efforts related to the use of military equipment. The reporting period for this analysis is from January 1, 2023, through December 31, 2023. 1840774.1 Page 14 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Overview of Military Equipment: Military equipment refers to specialized equipment, typically obtained from surplus military supplies or federal programs, that law enforcement agencies acquire and utilize to enhance their capabilities in critical situations. Such equipment may include armored vehicles, tactical gear, riot control equipment, surveillance technology, and specialized firearms. Training and Deployment Procedures: The Tustin Police Department places significant emphasis on training its officers to safely and effectively utilize military equipment items. Officers receive specialized training on the operation, maintenance, and deployment procedures specific to each type of equipment. This training includes scenario -based exercises, de-escalation techniques, and an emphasis on the preservation of life and the protection of individual rights. Deployment of military equipment is conducted in accordance with departmental policies and protocols. The decision to deploy such equipment is carefully evaluated, and a supervisor's approval is typically required. Situations warranting the use of military equipment include high -risk operations, acts of terrorism, armed confrontations, and natural disasters where public safety and officer well-being are at stake. Summary of Military Equipment Usage: The summary of military equipment usage is intended to describe specific incidents where the equipment was deployed, including the nature of the incident, the equipment used, and the outcome of the deployment. During the reporting period, the Tustin Police Department deployed its military equipment during the following situations: 1840774.1 Page 15 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 40MM Less Lethal Launcher: • 04/23/23 — Uncooperative subject with a knife. • 11/26/23 — Uncooperative subject, usage was not effective and other means were used to make arrest. • 11/4/23 — Used to break window. • 01/16/23 — Used to break window. Gas Munitions / Pepperball Gun: • 06/29/23 — Barricaded suspect. • 05/16/23 — Uncooperative subject in a living room. • 11/04/23 — Barricaded suspect in a vehicle. Armored Rescue Vehicle (ARV): • 07/02/23 — Suspicious occupied vehicle with shotgun in plain sight. • 08/14/23 — Special detail operation for identified suspect of gang -related homicide incident. Mobile Comm Usage: No usage to report during this period. Drones and Unmanned Aircraft System (UAS) Vehicle: In 2023, the TPD UAS team carried out 249 flights, amounting to 108 hours of airtime. The UAS vehicle was deployed on over 40 occasions to support extended operations beyond patrol -based assignments. The team expanded with the addition of six pilots, bringing the total number of pilots to 16. The UAS team continues to serve as a collateral assignment within the department. The primary purpose of the UAS is to be deployed when its view would assist officers or Incident Commanders in a variety of situations, including but not limited to search & rescue, situational awareness during critical incidents, missing persons, fleeing suspect searches, and any other situation where the UAS would improve officer safety, public safety, and suspect safety. Over the past year, the UAS has been deployed in numerous operations such as SWAT operations, suspect searches, missing persons, barricaded suspects, high -risk traffic stops, event planning, training videos, traffic collision 1840774.1 Page 16 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 investigations, and crime scene photography. The UAS team and vehicle have proven to be indispensable assets in assisting the Orange County Fire Authority with hotspot mapping, search and rescue missions, and fire abatement efforts. They have been deployed at every concert to improve situational awareness for staff and officers, thereby enhancing the effectiveness of responses to calls for service. The UAS also plays a vital role in addressing crime trends such as residential burglaries, working alongside other units to detect and locate potential suspects in areas that may be unsafe or impractical for officers to monitor. Furthermore, the TPD's UAS team bolsters other units' training by assisting in documenting exercises such as mounted operations, active shooter scenarios, Emergency Vehicles Operation Course (EVOC), and SWAT. The UAS is deployed alongside the TPD SWAT team and Crisis Negotiation Team (CNT), allowing for enhanced situational awareness during critical incidents, which in turn increases the safety of the public, officers, and suspects. The positive impact of the TPD's UAS team extends beyond our city limits, as they have also provided assistance to neighboring cities during critical incidents. Summary of Complaints: The department did not receive any complaints concerning military equipment use in 2023. Violations of Policy / Internal Audits: An internal review regarding the use of the aforementioned equipment revealed no violations of policy. Total Annual Costs and Inventory of Military Equipment: The estimated annual cost for the use and maintenance of the military equipment in the department's current inventory is defined within General Order 708 and listed under each specific category item. Future Acquisition of Additional Equipment: The department's intent to acquire additional military equipment within the next year is outlined within General Order 708 and listed under each specific category item. 1840774.1 Page 17 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 Community Outreach and Transparency: The Tustin Police Department recognizes the importance of maintaining open lines of communication with the community regarding the use of military equipment. Efforts to promote transparency and engage with the community are of the utmost importance. It is important to note that the deployment of military equipment is subject to continuous review and evaluation to ensure its necessity, appropriateness, and adherence to departmental policies. Pursuant to AB 481 and department policy, the Tustin Police Department will be sharing this annual report at the Tustin City Council Meeting on June 4, 2024. 1840774.1 Page 18 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • TASERO 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 membersof 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 madeavailable on the department website for as long as the military equipment identified in the policy is available for use. (Government Code § 7071(d) (2)) 708 - Military Equipment Use 2 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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. 708 - Military Equipment Use 3 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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 § 7072for 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 ofa 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 4 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS TUSTIN POLICE DEPARTMENT 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 (purchased with expected delivery within 6-9 months) • 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 G& 25 years • Armored Ford Tactical Transit Van: 10-15 years 708 — Military Equipment Use 5 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS Fiscal Impact: Annual fiscal impact varies dependent on maintenance requirements. Trainin : 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. Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. 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. 708 - Military Equipment Use 6 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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:88 • Purchase Price: $2,700.00/firearm AMERICAN DEFENSE MANUFATURING 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 MANUFATURING 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:10 • 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:14 • 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:5 • Purchase Price: $1,00.00 each ACCURACY INTERNATIONAL AT -LE • Description: This rifle is chambered in .308 caliber and has a 26-inch barrel. The magazine holds 10 rounds of ammunition and the rifle has a collapsible stock. This rifle is only issued to SWAT personnel. 708 — Military Equipment Use 7 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS • Quantity:1 • Purchase Price: $5,00.00 each FEDERAL XM193 RIFLE ROUND • Description: Federal 5.56 ammunition features a lead core 55 grain Full Metal Jacket (FMJ) bullet that is nonmagnetic, and non -corrosive. The Federal XM193 ammunition is used for rifle training. • Quantity:32,000 • 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:15,482 • 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:500 • 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:3,960 • 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 708 - Military Equipment Use 8 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS • 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. 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 arange 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 oreliminate 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: 17 Purchase Price: $71.49 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: 50 Purchase Price: $36.29 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. 708 - Military Equipment Use 9 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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. 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 708 - Military Equipment Use 10 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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 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. Thisgrenade 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: 0 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: 0 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 1.4inches in size. This is a launchable grenade, however, it is normally used as a signaling or covering device. Quantity: 0 Purchase Price: $300 708 — Military Equipment Use 11 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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: 0 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. Training: 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 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. 708 - Military Equipment Use 12 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS Quantity: 10 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: 1,500 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: 750 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 • PepperBall Live Projectiles: 3 years • PepperBall Inert Projectiles: 3 years • PepperBall HPA Tanks: 10 years 708 - Military Equipment Use 13 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS Fiscal Impact: No annual maintenance. Munitions must be replaced per manufacturer recommendations. Trainin : 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 100611425 • 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:37 • 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:400 • 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 • Purchase Price: $20.00 each Purpose: To limit the escalation of conflict and decrease use of lethal force when feasible. 708 - Military Equipment Use 14 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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. Training: 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: 26 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 shotgunthat 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 upon exiting the barrel. It does not require a minimum range to "unfold" or"stabilize." The Drag Stabilized Model is an aerodynamic projectile. Quantity: 300 Purchase Price: $5.34 each 708 - Military Equipment Use 15 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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 (UAS) 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 MA TRICE 30T Description: A commercial grade platform that is operated by a single pilot and is geared toward search and rescue operations, traffic collision and crime scene diagramming, and general law enforcement purposes. It is equipped with an advanced dual thermal and daytime camera for high definition imagery up to 16X zoom. This eliminates the needto purchase multiple cameras since these are encompassed in one platform. This UAS is also designed to fully function in in climate weather, including rain. Two (2) of these systems will be needed for multiple video angles on a major incident, general redundancy, and to ensure there is no downtime in theunexpected event one is out of service. Current Quantity: 3 Purchase Price: (1) DJI Matrice 30T with the required accessories is $16,000.00. 708 - Military Equipment Use 16 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS DJI MAVIC 3 THERMAL 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 needto 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 incident, general redundancy, and to ensure there is no downtime between operational periods and in the unexpected event one is out of service. Current Quantity: 2 Purchase Price: (1) DJI Mavic 3 Thermal with the required accessories is $6,500.00. DJI MINI 3 PRO 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 and imager with 8X digital zoom. It can be deployed rapidly by a field officer and flown outdoors or indoors, providing real time officer safety or search and rescue information to ground personnel in areas not immediately visible. Three (3) of these systems will be needed for training purposes, indoor flying, and to ensure there is no downtime between operational periods and in the unexpected event one is out of service. Current Quantity: 3 Purchase Price: (1) DJI Mini 3 Pro with the required accessories is $1,200.00. DJI FPV Description: A recreational/professional platform that is operated by a single pilot with the assistance of a visual observer. This platform can be flown outdoors or indoors and can be used to clear smaller spaces in structures that prove inaccessible to police personnel. Current Quantity: 3 Purchase Price:(1) DJI FPV with the required accessories is $1,200.00. 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. 708 - Military Equipment Use 17 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 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. Training: 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. 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. 708 - Military Equipment Use 18 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 708 — Military Equipment Use 19 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 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 civil liberties. Ordinance No. 1527 Page 1 of 4 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 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 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. Ordinance No. 1527 Page 2 of 4 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 16t" day of August, 2022. DocuSigned by: If—d"d 119DEE3867C041A... AUSTIN LUMBARD, Mayor ATTEST: DocuSigned by: �WA4 5C7F39A6D9D84E2... CARRIE WOODWARD, Acting City Clerk Ordinance No. 1527 Page 3 of 4 DocuSign Envelope ID: FA3E7752-63FE-4EB1-A90B-946043B897C0 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 19' day of July, 2022, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16th day of August, 2022, by the following vote: I:K01910Is] II►A121M1:121MA 72 601 COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: EDocuSigned by: SC7F39A6D9D84E2 _ CARRIE WOODWARD, Acting City Clerk Lumbard, Cooper, Clark, Gallagher (4) (0) Gomez (1) Ordinance No. 1527 Page 4 of 4