HomeMy WebLinkAbout11 INTRODUCTION AND APPROVAL OF ORDINANCE 1545 - MILITARY EQUIPMENT USE POLICYDocusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC
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Agenda Item
11
AGENDA REPORT
ewed
CCit Manager
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Mag
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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.
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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
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708.5 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective
of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same
objective of officer and civilian safety.
708.6 MILITARY EQUIPMENT INVENTORY
The listing at the end of this General Order constitutes an inventory of equipment owned and/or in
the possession of the Tustin Police Department which is deemed to be military equipment as
defined by this policy and state law.
708.7 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way
of an ordinance adopting the military equipment policy. As part of the approval process, the Chief
of Police or the authorized designee shall ensure the proposed military equipment policy is
submitted to the City Council and is available on the department website at least 30 days prior to
any public hearing concerning the military equipment policy at issue (Government Code § 7071).
The military equipment policy must be approved by the governing body prior to engaging in any of
the following (Government Code § 7071):
a. Requesting military equipment made available pursuant to 10 USC § 2576a.
b. Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting or accepting private, local, state, or federal funds, in -kind donations, or other
donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or
leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
e. Using any new or existing military equipment for a purpose, in a manner, or by a person not
previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use
of military equipment.
g. Acquiring military equipment through any means not provided above.
708.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions that are providing mutual aid to this department
shall comply with their respective military equipment use policy in rendering mutual aid.
708 - Military Equipment Use
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708.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee will
submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
The Chief of Police or the authorized designee will also make each annual military equipment report
publicly available on the department website for as long as the military equipment is available for
use. The report shall include all information required by Government Code § 7072 for the
preceding calendar year for each type of military equipment in department inventory.
Within 30 days of submitting and publicly releasing an annual report, the department shall hold at
least one well -publicized and conveniently located community engagement meeting, at which the
department should discuss the report and respond to public questions regarding the funding,
acquisition, or use of military equipment.
708.10 CITIZEN COMMENTS, QUESTIONS AND CONCERNS
The military equipment coordinator designated by the Chief of Police shall be required to include
information on the department's website detailing how members of the public can submit questions,
comments, or concerns regarding the military equipment use policy, or use of military equipment
that is governed by this policy. This information shall include the military use coordinator's email
address and telephone number. The military equipment coordinator must respond, in writing, when
possible, to any question, comment, or concern raised by a member of the public within 10 business
days of receipt of the comment, question, or concern. When appropriate, the military equipment
coordinator will forward any concern which rises to the level of a citizen complaint to the
Professional Standards Division for handling pursuant to General Order 1020 - Personnel
Complaint Procedure.
Any complaint regarding the use of military equipment governed by this policy shall be processed
in accordance with General Order 1020 - Personnel Complaint Procedure.
708.11 COMPLIANCE AND OVERSIGHT
All members of the department are required to comply with this military use policy. Failure of any
member to comply with this military use policy may subject that member to discipline as set forth in
General Order 1020 - Personnel Complaint Procedure.
The City Council of the City of Tustin shall have oversight authority with respect to the provisions
of this policy and its implementation.
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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
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Fiscal Impact: Annual fiscal impact varies dependent on maintenance requirements.
Training: All driver/operators shall attend formalized instruction and be trained in vehicle
operations and practical driving instruction.
Legal and Procedural Rules: It is the policy of the department to utilize armored vehicles
only for official law enforcement purposes, and pursuant to State and Federal law.
2) MOBILE INCIDENT COMMAND VEHICLE (MIC)
A vehicle utilized as a mobile office that provides shelter, access to department computer
systems, and restroom facilities during extended events.
Current Inventory:
INTERNATIONAL MATTMAN CHASSIS (custom built 1999)
Description: The MIC can also be utilized for SWAT/CNT, critical incidents,
preplanned large events, searching for missing persons, natural disasters, and
community events. The vehicle is the primary command and control platform for the
department's SWAT team during training and SWAT operations.
Quantity: 1
Purchase Price: $329,432.37
Purpose: To be used based on the specific circumstances of a given critical incident, large
event, natural disaster, or community event that is taking place.
Authorized Use: Only officers trained in the deployment and operations in a manner
consistent with department policy and training are authorized to operate the MIC. Situations
in which the MIC is authorized for use would include, but not be limited to, critical incidents,
emergencies, and natural disasters.
Expected Lifespan: The MIC, has a 20-year lifespan on chassis and vehicle structure.
Fiscal Impact: The annual maintenance cost is approximately $9,000.00.
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.
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Current Inventory:
AMERICAN DEFENSE MANUFACTURING ADM4 MOD-2 PATROL RIFLE
• Description: This firearm is chambered in .223 caliber/5.56 mm and has a 16-inch
barrel. The magazine holds 30 rounds of ammunition and the rifle has a collapsible
stock. This rifle is primarily used in a patrol capacity.
• Quantity: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
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• 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
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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
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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
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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
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DEFENSE TECHNOLOGY MILITARY STYLE SAF-SMOKE GRENADE MODEL 1063
Description: The Saf-Smoke Grenade was designed for training but may also be
used in operations. The Saf-Smoke Grenade offers the same approximate burn time
as the Spede-Heat in CN or CS and the Riot Control grenade in CN or CS. The
similar burn times may make it the appropriate choice for training or simulation
deployment of chemical agent canisters. The Saf-Smoke formulation is considered
to be less toxic than Hexachloroethane smoke.
Quantity: 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.
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• 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
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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