Loading...
HomeMy WebLinkAbout11 INTRODUCTION AND APPROVAL OF ORDINANCE 1545 - MILITARY EQUIPMENT USE POLICYDocusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC � -� Agenda Item 11 AGENDA REPORT ewed CCit Manager naer Mag s— a`V� Finance Director N/A MEETING DATE: JULY 16, 2024 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: STU GREENBERG, CHIEF OF POLICE SUBJECT: INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1545 APPROVING TUSTIN POLICE DEPARTMENT GENERAL ORDER 708 - MILITARY EQUIPMENT USE POLICY 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 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 governing the Department's use of the equipment outlined in Tustin Police Department General Order 708 — Military Equipment Use Policy. RECOMMENDATION Introduce Ordinance No. 1545 (Attachment 1) 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". On July 19, 2022, City Council adopted Ordinance No. 1527 approving Tustin Police Department General Order 708 — Military Equipment Use Policy. Pursuant to Government Code section 7072, on June 4, 2024, the Department submitted its annual Military Equipment Use report to the City Council for review. Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC Introduction and Approval of Ordinance No. 1545 July 16, 2024 Page 2 of 2 On that same day, the City Council directed staff to post the annual Military Equipment Use report and 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. The Department posted the annual report and draft policy on the Department's website and will hold a well -publicized and conveniently located community meeting to answer questions about the annual report. That meeting will be held on July 16, 2024 at 3:30 PM in the Council Chamber. 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 June 16, 2024, which was 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 16, 2024, 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: Docu Signed by: aL"& U7GREENBERG MANItJELAARZATE, Captain Chief of Police Personnel & Investigations Bureau Attachment 1: Military Equipment Use Proposed Policy, General Order 708 Attachment 2: Ordinance No. 1545 — Adopting Tustin Police Department General Order 708 regarding Military Equipment Use Policy Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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 § 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 4 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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 an 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 an 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 708 — Military Equipment Use 5 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. 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. 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 1.1 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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 COL TAR- 15A3 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 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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 H. Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. Trainin : 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: 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 A Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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, doorknobs, 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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 II ► .II�� .► Canisters/Munitions containing chemical agents that are released when deployed. Current Inventory: Ak- ` 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: 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 allows 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. 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 • 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. 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. ir,11]►iv,ILT, IW_1tuLIs]:1=1:7_VIDIViVI .Y614i/_A:=113►Ti010111101*]06'� 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. 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 InventoN: 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 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 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. Trainin : 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 need to purchase multiple cameras since these are encompassed in one platform. This UAS is also designed to fully function 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 the unexpected 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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 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 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 mh� AL 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC 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. 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. 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: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC CATEGORY DATE ADOPTED LAST REVIEW 1 N/A N/A TUSTIN POLICE DEPARTMENT GENERAL ORDERS 708 — Military Equipment Use 19 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC ORDINANCE NO. 1545 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. Assembly Bill 481 requires that after initial approval of a military equipment policy, the Department must annually submit a report to the governing body which details the Department's use of military equipment, any complaints regarding the Department's use of military equipment, any violations of the Department's policy, and any anticipated acquisition of additional military equipment by the Department in the coming year. SECTION 3. In addition, Assembly Bill 481 provides that the governing body shall review any ordinance that it has adopted to approve the funding, acquisition, or use of military equipment at least annually and, subject to the requirements of Government Code section 7071, vote on whether to renew the ordinance at a regular meeting of the governing body. SECTION 4. On June 4, 2024, the Department submitted its annual military equipment use report to the City Council. As directed by City Council, the annual report was posted on the Department's website on June 4, 2024. On July 16, 2024, the Department held a well -publicized and conveniently located community engagement meeting at which the general public was able to discuss and ask questions regarding the annual military equipment report and the Department's funding, acquisition, or use of military equipment. SECTION 5. 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 June 4, 2024. The proposed Ordinance and Policy were presented to City Council at a duly noticed public hearing held on July 16, 2024, at which time members of the public were provided an opportunity to comment on the proposed Ordinance and Policy. Ordinance No. 1545 Page 1 of 4 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC SECTION 6. The Policy complies with the requirements of California Government Code section 7070, subdivision (d). SECTION 7. 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. 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 8. 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 9. 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. Ordinance No. 1545 Page 2 of 4 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC ORDINANCE NO. 1545 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. Assembly Bill 481 requires that after initial approval of a military equipment policy, the Department must annually submit a report to the governing body which details the Department's use of military equipment, any complaints regarding the Department's use of military equipment, any violations of the Department's policy, and any anticipated acquisition of additional military equipment by the Department in the coming year. SECTION 3. In addition, Assembly Bill 481 provides that the governing body shall review any ordinance that it has adopted to approve the funding, acquisition, or use of military equipment at least annually and, subject to the requirements of Government Code section 7071, vote on whether to renew the ordinance at a regular meeting of the governing body. SECTION 4. On June 4, 2024, the Department submitted its annual military equipment use report to the City Council. As directed by City Council, the annual report was posted on the Department's website on June 4, 2024. On July 16, 2024, the Department held a well -publicized and conveniently located community engagement meeting at which the general public was able to discuss and ask questions regarding the annual military equipment report and the Department's funding, acquisition, or use of military equipment. SECTION 5. 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 June 4, 2024. The proposed Ordinance and Policy were presented to City Council at a duly noticed public hearing held on July 16, 2024, at which time members of the public were provided an opportunity to comment on the proposed Ordinance and Policy. Ordinance No. 1545 Page 1 of 4 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC SECTION 6. The Policy complies with the requirements of California Government Code section 7070, subdivision (d). SECTION 7. 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. 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 8. 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 9. 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. Ordinance No. 1545 Page 2 of 4 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC SECTION 10. 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. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of 2024. AUSTIN LUMBARD, Mayor ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: DA EFAKE NDIG, City Attorney Ordinance No. 1545 Page 3 of 4 Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) I, Erica N. Yasuda, 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 5; that the above and foregoing Ordinance No. 1545 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 1611 day of July, 2024 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1545 Page 4of4