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HomeMy WebLinkAbout12 INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1570 - MILITARY USE POLICYDocusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F MEETING DATE Ire FROM Agenda Item 12 AGENDA REPORT Reviewed: Afs City Manager Initial Finance Director AUGUST 5, 2025 ALDO E. SCHINDLER, CITY MANAGER SEAN THUILLIEZ, CHIEF OF POLICE SUBJECT: INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1570 APPROVING TUSTIN POLICE DEPARTMENT POLICY 706 - MILITARY EQUIPMENT USE POLICY SUMMARY Assembly Bill 481 requires the Tustin Police 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 Policy 706 — Military Equipment Use Policy. RECOMMENDATION Introduce Ordinance No. 1570 (Attachment 1) approving Tustin Police Department Policy 706 — Military Use Equipment Policy, in compliance with Assembly Bill 481 by reading of the title only and waive further reading. FISCAL IMPACT The estimated annual cost for the use and maintenance of military equipment in the Tustin Police Department's current inventory, as well as any military equipment anticipated for acquisition in the upcoming year, is outlined within Policy 706 under each specific equipment category. Funding for existing equipment has already been appropriated as part of the current adopted budget. Any future acquisition of new military equipment will be evaluated and incorporated into subsequent annual budgets for City Council review and consideration. BACKGROUND: Effective January 1, 2022, California Assembly Bill (AB) 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." Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F City Council Agenda Report Military Use Policy August 5, 2025 Page 2 On July 19, 2022, City Council adopted Ordinance No. 1545 approving Tustin Police Department General Order 708 — Military Equipment Use Policy. Since the adoption of Ordinance No. 1545, and pursuant to Government Code section 7072, the Department has annually provided the Council and the public with a report on the Department's maintenance, acquisition, and use of military equipment. Most recently, on June 17, 2025, the Department submitted its annual Military Equipment Use report to the City Council for review. On that same day, the City Council directed staff 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 held a well -publicized and conveniently located community meeting to answer questions about the annual report. That meeting was held on July15, 2025. In accordance with Government Code 7071, the Department has created Tustin Police Department Policy 706 — Military Equipment Use Policy' (Attachment 1) and posted the draft policy on the Department's website on June 5, 2025, 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 August 5, 2025, 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. LSig"ed by: Signed by: 13C19SOAUSFEII IC 3 F 1D46E SEAN THUILLIEZ MANN ARZATE, Captain Chief of Police Support Services Bureau Attachment 1: Military Equipment Use Proposed Policy, Policy 706 Attachment 2: Ordinance No. 1570— Adopting Tustin Police Department Policy 706 regarding Military Equipment Use 'When initially adopted, the Department's Military Equipment Use Policy was identified as General Order 708. With the Department's transition to Lexipol, the numbering of the policy changed. Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F Tustin Police Department Tustin PD Policy Manual Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body — The elected or appointed body that oversees the Department. Military equipment — Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions. Copyright Lexipol, LLC 2025/04/23, All Rights Reserved. Military Equipment - 1 Published with permission by Tustin Police Department Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F Tustin Police Department Tustin PD Policy Manual Military Equipment Any other equipment as determined by a governing body or a state agency to require additional oversight. 706.2 POLICY It is the policy of the Tustin Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the Tustin City Council. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Tustin Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: See attachment: Tustin PD Military Equipment Inventory (004).pdf 706.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The Copyright Lexipol, LLC 2025/04/23, All Rights Reserved. Military Equipment - 2 Published with permission by Tustin Police Department Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F Tustin Police Department Tustin PD Policy Manual Military Equipment 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. 706.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2025/04/23, All Rights Reserved. Military Equipment - 3 Published with permission by Tustin Police Department Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F Tustin PD Policy Manual Attachments Copyright Lexipol, LLC 2025/04/23, All Rights Reserved. Attachments - 4 Published with permission by Tustin Police Department Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F Tustin PD Policy Manual Tustin PD Military Equipment Inventory (004).pdf Copyright Lexipol, LLC 2025/04/23, All Rights Reserved. Tustin PD Military Equipment Inventory Published with permission by Tustin Police Department (004).pdf - 5 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F MILITARY EQUIPMENT INVENTORY UNMANNED AIRCRAFT SYSTEMS (UAS) Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. Quantity: 13 Capabilities: Sustained flight controlled by a remote pilot on the ground. Expected Lifespan: 3 to 5 years. Product Description: Commercially available platforms for aerial productivity combining configurability to work as a solution for a variety of industrial applications with flight safety and data security features. Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public. Training Required: Federal Aviation Administration (FAA) Part 107 License and Department provided training. Initial Cost: $85,000. Annual Cost: $40,000. RESCUE VEHICLE Current Inventory: 1. LENCO BEARCAT G3 Description: An armored rescue vehicle deployed during high -risk incidents, special events, and community outreach. Quantity: 1 Lifespan: 25 years Product Description: Ballistic Engineered Armored Rescue Vehicle, steel armor construction. Purpose and Authorized Use: To assist police personnel in enhancing public safety while transporting first responder personnel and/or community members to/from high -risk situations. Provide a mobile platform for safe personnel deployments. Training Required: Class B driver's license. Initial Cost: $. Annual Cost: Annual fiscal impact varies dependent on maintenance requirements. 2. ARMORED FORD TACTICAL TRANSIT VAN Description: An armored rescue vehicle deployed during high -risk incidents Quantity: 1 Lifespan: 10-15 years Purpose and Authorized Use: To assist police personnel in enhancing public safety while transporting first responder personnel and/or community members to/from high -risk situations. Provide a mobile platform for safe personnel deployments. Training Required: Class B driver's license. Initial Cost: $140,800. Annual Cost: Annual fiscal impact varies dependent on maintenance requirements. MOBILE INCIDENT COMMAND VEHICLE (MIC) 1. INTERNATIONAL MATTMAN CHASSIS (custom built 1999) Description: A vehicle used to enhance communication and coordination during emergency incidents, special events, or community outreach. Quantity: 1 Lifespan: 20 years Purpose and Authorized Use: A mobile command vehicle provides a strategic location for Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F police personnel during emergency incidents, special events, or community outreach events. Use of this equipment is also appropriate for large scale events that require advanced coordination of large numbers of police and other safety or first responder personnel. Training Required: Class C driver's license and additional department provided vehicle - specific, driver and operational training. Initial Cost: $329,432. Annual Cost: $9,000. FIREARM — RIFLES AND ASSOCIATED AMMUNITION Current Inventory: 1. 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: 89 Purchase Price: $2,700.00/firearm 2. 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, 3. 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 collapsible stock. This rifle is only issued to SWAT personnel. Quantity: 5 Purchase price: $3200/rifle 4. COLT AR-15 A3 RIFLE Description: This firearm is chambered in .223 caliber/5.56 mm and has a 16-inch barrel. The magazine holds 30 rounds of ammunition, and the rifle has 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: 19 Purchase Price: $1,000.00 each 5. 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 collapsible stock. This rifle is only issued to SWAT personnel. Quantity: 5 Purchase Price: $1,000.00 each 6. 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 rifles are only issued to SWAT personnel. Quantity: 1 Purchase Price: $5,000.00 each 7. 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. Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F Quantity: 32,000 Purchase Price: $200.00 per case of 500 8. 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 9. 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 10. 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 Expected Life Span: American Defense Manufacturing ADM4 Mod-2 patrol rifle - 20 years American Defense Manufacturing ADM4 Mod-2 short barreled rifle - 20 years American Defense Manufacturing ADM4 Mod-2 select fire SWAT rifle - 20 years Colt AR-15 A3 patrol rifle — 5 years Colt M-4 SWAT Rifle — 5 Years Federal XM193 5.56mm rifle training ammunition — no expiration Winchester Ranger RA223RY .223 rifle duty ammunition — no expiration Winchester Ranger RA223SF .223 frangible rifle ammunition — no expiration Winchester Ranger M844 5.56 penetrator rifle ammunition — no expiration Purpose and Authorized Use: 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. Only officers who have received training with the specific firearm are authorized to use that rifle. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification once a year. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. 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. 40MM PROJECTILE LAUNCHER AND ASSOCIATED MUNITIONS Current Inventory: 1. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER MODEL 1006/1425 Description: Less lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile. Quantity: 42 Lifespan: 20+ years Initial Cost: $44,688. Annual Cost: N/A 2. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE MODEL 6325 Description: A less lethal 40mm lightweight plastic and foam projectile fired from a single or Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F 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. Quantity: 400 Lifespan: 5 years Initial Cost: $18 each Annual Cost: N/A 3. SAGE CONTROL MUNITIONS 40MM FOAM IMPACT BATON MODEL KO48LW 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 Lifespan: 5 years Initial Cost: $20 each Annual Cost: N/A Purpose and Authorized Use: Less lethal, intermediate force option. Situations for use of the less lethal weapon systems may include, but are not limited to: a) Self-destructive, dangerous and/or combative individuals. b) Riot/crowd control and civil unrest incidents. c) Circumstances where a tactical advantage can be obtained. d) Potentially vicious animals. e) Training exercises or approved demonstrations. Training Required: Training and qualification once per year. 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. NOISE FLASH DIVERSIONARY DEVICE Current Inventory: 1. DEFENSE TECHNOLOGY (DEFTEC), MODEL 8933 DISTRACTION DEVICE BODY Description: Device that produces a loud sound with a bright light that is intended to cause confusion and distraction. This device has a reloadable steep, non -bursting canister body. 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 Lifespan: 5 years Initial Cost: $1,515. Annual Cost: Recurring purchase as needed. 2. 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 Lifespan: Until used Initial Cost: $1,815. Annual Cost: Recurring purchase as needed. Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects. Diversionary Devices shall only be used: a) By officers who have been trained in their proper use b) In hostage and barricaded subject situations Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F 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. Training Required: 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. EXPLOSIVE BREACHING TOOLS Current Inventory: 1. REMINGTON 870 BREACHER PISTOL GRIP SHOTGUN Description: Manually operated, pump -action, tube magazine fed, closed -bolt, 12-gauge firearm used to defeat locking mechanisms. Quantity: 1 Lifespan: 25 years Initial Cost: $800 Annual Cost: N/A. 2. SAFARILAND DEFENSE TECHNOLOGY 12-GAUAGE TKO BREACHING ROUND Description: A translucent 12-guage shell loaded with a compressed zinc slug. The 12 Gauge TKO Breaching round utilizes smokeless powder as the propellant. 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 Initial Cost: $70 Annual Cost: N/A. Purpose and Authorized Use: To safely gain entry into a structure. Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. Training Required: Training on safe use and deployment and device functionality. PEPPERBALL LAUNCHER Current Inventory: 1. 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. Quantity: 10 Lifespan: 10 Initial Cost: $7,000 Annual Cost: N/A 2. 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 Pepper spray. Quantity: 1,500 Lifespan: 3 years Initial Cost: $495.00/case of 375 projectiles Annual Cost: N/A Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F 3. 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. Quantity: 750 Lifespan: 3 years Initial Cost: $495.00/case of 375 projectiles Annual Cost: N/A 4. 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 Lifespan: 10 years Initial Cost: Varies between $50 - $130 Annual Cost: N/A Purpose and Authorized Use: To limit the escalation of conflict and decrease use of lethal force when feasible. Officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launcher. Training Required: Officers deploying kinetic energy projectiles will complete a recertification courses at least once every two years. Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F ORDINANCE NO. 1570 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT 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 5, 2025, the Department posted its annual military equipment report on the Department's website. On June 17, 2025, the Department submitted the annual report to the City Council. On July 15, 2025, 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 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 5, 2025. The proposed Ordinance and Policy were presented to City Council at a duly noticed Ordinance No. 1570 Page 1 of 4 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F public hearing held on August 5, 2025, at which time members of the public were provided an opportunity to comment on the proposed Ordinance and Policy. 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 706, "Military Equipment", 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. Ordinance No. 1570 Page 2 of 4 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F 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. 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 , 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: �"z"-9 DA $3i�1bIG, City Attorney Ordinance No. 1570 Page 3 of 4 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F961OC41 D36F 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. 1570 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 5t" day of August, 2025 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1570 Page 4of4