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HomeMy WebLinkAboutAnnual Military Equipment Use Report (AB 481) (2) �N1iNGr 2000 Main Street, C:( 4 i . e Huntington Beach,CA City of Huntington Beach 92648 ,-vim.- 1Q2. �� �couNTV c--y" . File #: 23-462 MEETING DATE: 6/6/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Eric Parra, Chief of Police PREPARED BY: Capt. Gaute Svendsbo Subject: Annual Military Equipment Use Report (AB 481) Statement of Issue: California Government Code Chapter 12.8, "Funding, Acquisition, and Use of Military Equipment" in part requires that the City annually review the ordinance (Ordinance 4255 - Exhibit 3) that approved the funding, acquisition, or use of military equipment, and vote on whether to renew the ordinance at a regular City Council meeting. In addition, the City is required to determine, based on the annual military equipment report submitted as part of this annual process, whether each type of military equipment identified in that report has complied with the standards for approval detailed in the Analysis section below. Financial Impact: The estimated ongoing annual maintenance and equipment replacement costs total is $61,050. Sufficient funds are budgeted each year for the Police Department out of the General Fund to cover these costs. Recommended Action: A) Find that each type of military equipment identified in that report attached hereto as Attachment 1 complies with the following standards for approval: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and, City of Huntington Beach Page 1 of 3 Printed on 6/1/2023 powered by LegistarT" File #: 23-462 MEETING DATE: 6/6/2023 B) Renew Ordinance No. 4255 authorizing the continued use of the listed military equipment by the Police Department (Annual Military Equipment Use Report (AB 481), Exhibit 3). Alternative Action(s): Do not renew authorization, and direct staff accordingly. Analysis: Per the HBPD's Annual Military Equipment Use Report (Attachment 1), the HBPD possesses and uses a wide variety of military equipment to assist in safely achieving the furtherance of its mission, i.e. to provide the highest level of service to our residents, businesses, visitors and the public through a partnership with our community to preserve and improve the quality of life in Huntington Beach. While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident. Per HBPD Policy 707 (Exhibit 2), the use of military equipment is restricted to certain instances as controlled by HBPD Policy 300 - Use of Force (Attachment 2), and in some cases only by certain units and personnel. The use of the Department's military equipment is continuously evaluated and the use of such equipment by department personnel is taken into account when considering the totality of the circumstances, public safety, officer safety, State and Federal law, and other information available at the time, as detailed in HBPD Policy 300. As part of HBPD's continued use of this equipment, California Government Code Chapter 12.8, "Funding, Acquisition, and Use of Military Equipment" in part requires that the City annually review the ordinance (Ordinance 4255 - Exhibit 3) that approved the funding, acquisition, or use of military equipment, and vote on whether to renew the ordinance at a regular City Council meeting. In addition, the City is required to determine, based on the Annual Military Equipment Use Report submitted as part of this annual process, whether each type of military equipment identified in that report has complied with the following standards for approval: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. If the City determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the City shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. It is staffs recommendation to renew the Ordinance due to the City's continued compliance with the standards of approval above. City of Huntington Beach Page 2 of 3 Printed on 6/1/2023 powered by LegistarTM File #: 23-462 MEETING DATE: 6/6/2023 Furthermore, within 30 days of submitting this report, the Huntington Beach Police Department will hold a community engagement meeting. At the meeting the general public may ask questions regarding the annual military equipment report and the funding, acquisition, or use of military equipment. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. HBPD Annual Military Equipment Use Report (AB 481), including Exhibits 1-5. 2. HBPD Policy 300 City of Huntington Beach Page 3 of 3 Printed on 6/1/2023 powered by LegistarTM 7 !J r• ti CITY OF HUNTINGTON BEACH "1 POLICE DEPARTMENT COMMUNICATION TO: H orVabl ayor nd City Council FROM: Erg arra, Chie of Police DATE: May 17, 2023 SUBJECT: Annual Military Equipment Use Report(AB 481) Executive Summary: On September 30,2021, California Governor Gavin Newsom approved Assembly Bill 481 (Exhibit 1), requiring law enforcement agencies to obtain approval from the applicable governing body (City Council), by adoption of a military equipment use policy (Exhibit 2-Updated October 2022),as specified,by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding,acquisition,or use of military equipment,as defined. On May 3,2022,the Huntington Beach City Council adopted Ordinance No.4255(Exhibit 3), approving the Huntington Beach Police Department(HBPD) Military Equipment Use Policy and Inventory(Exhibit 4). AB 481,and Section 3 of the Ordinance, mandates the HBPD to submit to the City Council an annual report of use for the specific military equipment the HBPD possesses.The current Inventory of Military Equipment possessed by the HBPD is included as Exhibit 5. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in AB 481 have been met,based upon this Annual Military Equipment Use Report. Finally, AB 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department's website. Per Government Code 7072 of AB 481,the annual military equipment report shall,at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits,any information about violations of the military equipment use policy,and any actions taken in response. (4) The total annual cost for each type of military equipment,including acquisition, personnel, training,transportation, maintenance,storage, upgrade,and other ongoing costs,and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5)The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year,the quantity sought for each type of military equipment. 2 Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well publicized and conveniently located community engagement meeting,at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding,acquisition, or use of military equipment. Introduction: The HBPD possesses and employs a wide variety of military equipment to assist in safely achieving the furtherance of its mission, "To provide the highest level of service to our residents,businesses, visitors and the public through a partnership with our community to preserve and improve the quality of life in Huntington Beach." While the inventory of military equipment varies,the mere possession of the equipment does not warrant its use for every incident.The HBPD recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders,supervisors, and officers in resolving those incidents in a safe manner.The use of military equipment is restricted to certain instances and in some cases only by certain units and personnel.The use of the Department's military equipment is continuously evaluated and the use of such equipment by department personnel is taken into account when considering the totality of the circumstances, public safety, officer safety,State and Federal law,and other information available at the time. This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines,inventory,fiscal impact,complaints,and reported concerns from May 3,2022 (the date of adoption of Ordinance No.4255), through December 31, 2022 (the end of the calendar year). Future reports will encompass complete calendar years. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, 40mm projectiles, pepper balls,chemical agents, etc.) are used throughout the year on a regular basis for training to maintain proficiency.Training usage is not captured in this report.This report only provides data for the operational use of the military equipment listed. Summary of Military Equipment Usages: The City of Huntington Beach is home to approximately 200,000 people. During the reporting period (May 3,2022 through December 31,2022) the Department responded to approximately 41,000 calls for service requiring an officer response and approximately 21,000 officer-initiated calls. During those calls,force was used forty-four(44) times.Of the force options utilized, military equipment in the form of projectiles were only used during three (3) of those contacts.These statistics illustrate the few instances of force used by Huntington Beach police officers in relation to overall calls (less than one per thousand).Moreover, force used involving military equipment is an even smaller subset of the overall force used (approximately once every 20,000 calls for service). 3 Outreach and Community Enciaclement: The HBPD is committed to maintaining the trust and confidence instilled upon us by the great community we serve.As the Department strives to enhance community relationships, it continues to be a progressive leader amongst law enforcement agencies throughout the State of California. The HBPD regularly displays select military equipment, including Unmanned Aerial Systems, 40mm and Pepperball launchers, Armored Vehicles, Rifles, Robots,and the Mobile Command Post vehicle,during outreach and community events, as a means of public awareness,transparency and education. Tables and Conclusions: The following tables contain a summary of incidents where military equipment was deployed. The three instances where munitions were fired are indicated by being bolded. There have been no internal audits (other than those conducted to gather and confirm data for this report), identified violations of equipment use,or any complaints concerning the listed equipment.There have been no reported violations of the military equipment use policy during the reporting period. In collecting data for this report,a deficiency was discovered as it pertains to rifle deployments. A method was not in place for officers to individually report deployments,so an accurate count as to number of deployments was not captured. A survey was completed to estimate the number of monthly rifle deployments. This revealed approximately eight (8) rifle deployments per month by HBPD officers. This is indicated in Table 3 and added to the totals reflected in Chart 1. A method to accurately collect this data has been developed and implemented so future reports will accurately depict our rifle deployments. The CNT Vehicle listed and approved on the May 3, 2022 inventory (section 5) is in the build phase of acquisition. it is expected to be completed and placed into service later this year. The Department is currently in the process of procuring funding to replace approximately 90 aging patrol rifles that have been in use for the last 8-10 years. They are at or approaching their expected lifespan,as outlined in the May 3,2022 inventory (section 10). It should be noted that our duty rifle ammunition saw an increase in cost from the previous year. .223 55gr Winchester Ranger Silver Tip cost increased from$752 per case of 1,000 rounds to$852 (section 10). 4 Table 1 -HBPD AB 481 Annual Reporting May 3—Dec 31, 2022 Date ... ....... _ a E .i .. Y.. in. 1 05/12/22 UAS Yard check for possible burglary in progress. 2 05/22/22 40MM • ' Two 40MM's were used to force entry to the rear window of vehicle two suspects were barricaded within.Compliance was gained. 3 05/24/22 UAS Search for Elderly Abuse suspect. 4 06/01/22 UAS Perimeter on a burglary in progress call. 5 06/11/22 Pepperball Agency Assist for Orange PD after pursuit terminated in HB. The suspects barricaded within the vehicle.Approximately 25 Pepperball utilized and compliance was gained. 6 06/14/22 UAS Traffic fatality investigation. • 7 06/29/22 Armored Vehicle SWAT Deployment Supporting Irvine PD 8 06/29/22 Rifle SWAT Deployment Supporting Irvine PD 5 9 07/04/22 UAS SWAT 4th of July Support Deployment ' : . .. 10 07/04/22 Robot SWAT 4th of July Support Deployment 11 07/04/22 Armored Vehicle SWAT 4th of July Support Deployment 12 07/04/22 Rifle SWAT 4th of July Support Deployment : 13 07/04/22 40MM SWAT 4th of July Support Deployment 14 07/04/22 Pepperball SWAT 4th of July Support Deployment . 15 07/15/22 UAS Area search for stolen vehicle suspect hiding within a : perimeter. 16 07/16/22 Mobile Command Post Homicide Investigation 17 07/18/22 UAS Roof/perimeter check for burglary suspect. : 18 07/19/22 UAS Special Investigation Bureau surveillance. 19 08/05/22 UAS Agency Assist search of containment area. 20 08/07/22 UAS US Open of Surfing Support Deployment . 21 09/06/22 UAS Vehicle check for suicidal subject possible in possession of firearm. 22 09/10/22 UAS Monitor car club activity 23 09/23/22 40MM At the conclusion of a vehicle pursuit,driver not following instructions.One 40MM used to gain compliance. ` . 24 09/23/22 UAS Search for trespassing suspect. 25 09/23/22 UAS Traffic fatality investigation. 26 09/23/22 UAS Traffic fatality investigation. 27 09/24/22 UAS Burglary just occurred call. 5 28 09/30/22 UAS SWAT Air Show Support Deployment 29 09/30/22 Robot SWAT Air Show Support Deployment . ... 30 09/30/22 Rifle SWAT Air Show Support Deployment 5 31 09/30/22 40MM SWAT Air Show Support Deployment 5 5 32 09/30/22 Pepperball SWAT Air Show Support Deployment 33 10/01/22 UAS SWAT Air Show Support Deployment .. . 34 10/01/22 Robot SWAT Air Show Support Deployment 35 10/01/22 Rifle SWAT Air Show Support Deployment . 36 10/01/22 40MM _SWAT Air Show Support Deployment 37 10/01/22 Pepperball SWAT Air Show Support Deployment 38 10/02/22 UAS SWAT Air Show Support Deployment : 39 10/02/22 Robot SWAT Air Show Support Deployment 40 10/02/22 Rifle SWAT Air Show Support Deployment 5 41 10/02/22 40MM SWAT Air Show•Support Deployment 42 10/02/22 Pepperball SWATAir Show Support Deployment .43 10/21/22 UAS Patrol check for burglary suspects: 44 11/17/22 UAS Traffic fatalityinvestigation 45 12/05/22 Mobile Command Post Homicide Investigation. • 46 12/29/22 UAS Suspicious circumstances call involving commercial location.; Table 2 HBPD AB 481 Equipment Deployment Reporting Equipment Table : `.�'r0. Deployment;Totals_" w . a_ ; UAS' 22 Robot 4 . ArmoredVehicle; 2: Mobile Command Post 2' CNTVehicle p LRAD 0 40MM. 6 taunching Cups :0- Noise Flash Diversionary 0. Rifle 5 Chemical Agents Explosive:Breaching 0 Pepperball _ 5 Table 3 HBPD AB 481 Estimated Additional Patrol Rifle Deployments Patrol Rifle Use* 56 0- *Footnote;Implementation of functional data collection for this metric is in-progress.Figures are estimated based upon a surveyed average of eight(8)rifle deployments:per month., ` 6 Chart 1 - HBPD AB 481 Equipment Deployment Reporting AB481 Annual Reporting '22 0 10 20 30 40 50 60 70 UAS Robot .Nr.. Armored Vehicle Mobile Command Post CNT Vehicle i . LRAD 40MM Launching Cups Noise Flash Diversionary Rifle* i Chemical Agents Explosive Breaching Pepperball Totals • EXHIBIT 1 STATE OF CALIFORNIA t�<w ti'm���T AUTHENTICATED lU�rui tlECTBPM{t£GAtflTtEllE Assembly Bill No.481 CHAPTER 406 An act to add Chapter 12.8(commencing with Section 7070)to Division 7 of Title 1 of the Government Code,relating to military equipment. [Approved by Governor September 30,2021.Filed with Secretary of State September 30,2021.] LEGISLATIVE COUNSEL'S DIGEST AB 481,Chiu.Law enforcement and state agencies:military equipment: funding,acquisition,and use. Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property,excepting food commodities,and requires the department to,among other things,do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property,excepting food commodities,in accordance with specified federal law.Existing law,the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids,inviting or receiving bids,or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities,subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified entities,to obtain approval of the applicable governing body,by adoption of a military equipment use policy,as specified,by ordinance at a regular meeting held pursuant to specified open meeting laws,prior to taking certain actions relating to the funding,acquisition,or use of military equipment,as defined.The bill would also require similar approval for the continued use of military equipment acquired prior to January 1,2022.The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type,as defined,of military equipment or amend the military equipment use policy if it determines,based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Ch.406 —2— additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency,as defined,to create a military equipment use policy before engaging in certain activities,publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1,2022,to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore,apply to all cities,including charter cities. By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths,significant risks to civil rights,civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities,meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding,acquisition,or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired,or used should give strong consideration to the public's welfare, safety, civil rights,and civil liberties,and should be based on meaningful public input. 92 —3— Ch.406 (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures,must be in place to protect the public's welfare, safety,civil rights,and civil liberties before military equipment is funded, acquired,or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service. SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code,to read: CHAPTER 12.8. FUNDING,ACQUISITION,AND USE OF MILITARY EQUIPMENT 7070. For purposes of this chapter,the following definitions shall apply: (a) "Governing body" means the elected body that oversees a law enforcement agency or,if there is no elected body that directly oversees the Iaw enforcement agency,the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office,"governing body"means the board of supervisors of the county. (b) "Law enforcement agency"means any of the following: (1) A police department, including the police department of a transit agency,school district,or any campus of the University of California,the California State University,or California Community Colleges. (2) A sheriff's department. (3) A district attorney's office. (4) A county probation department. (c) "Military equipment"means the following: (1) Unmanned,remotely piloted,powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.However,police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles(HMMWV),commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft,vessels,or vehicles of any kind. (7) Battering rams, slugs,and breaching apparatuses that are explosive in nature.However,items designed to remove a lock,such as bolt cutters, 92 Ch.406 —4 or a handheld ram designed to be operated by one person,are specifically excluded from this subdivision. (8) Firearms of.50 caliber or greater.However,standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of.50 caliber or greater.However,standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) My firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas:' and "pepper balls:' excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device(LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition(SIM)weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs(1)through(15),"military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) "Military equipment use policy"means a publicly released,written document governing the use of military equipment by a law enforcement agency or a state agency that addresses,at a minimum,all of the following: (1) A description of each type of military equipment,the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment,including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training,that must be completed before any officer,agent,or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare,safety,civil rights,and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy,including which independent persons or entities have oversight 92 —5— Ch.406 authority,and,if applicable,what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency,the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint,concern,or question receives a response in a timely manner. (e) "State agency"means the law enforcement division of every state office,officer,department,division,bureau,board,and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof)or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body,by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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 territorial jurisdiction of the governing body. (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 pursuant to this chapter. (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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1,2022,shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment,including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision(b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 • Ch.406 —6— the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a),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 hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act(Article 9(commencing with Section 11120)of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare,safety,civil rights,and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time,or if prior uses did not comply with the accompanying military equipment use policy,corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation,any proposed or final military equipment use policy shall be made publicly available on the Internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding,acquisition,or use of military equipment at least annually and,subject to paragraph(2),vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5),as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072,whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision(d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision(d),the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 --7— Ch.406 to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions(a)to(e),inclusive,if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval,and annually thereafter for as long as the military equipment is available for use.The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its intemet website for as long as the military equipment is available for use.The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy,and any actions taken in response. (4) The total annual cost for each type of military equipment,including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year,the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section,the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Iaw enforcement agency's funding,acquisition,or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (I) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. 92 Ch.406 —8— (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with,any other person or entity to seek funds for,or to apply to receive,acquire,use,or collaborate in the use of,military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1,2022,a state agency seeking to continue the use of any military equipment that was acquired prior to January 1,2022,shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency's intemet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.Therefore,this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city,county,or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase,use, and reporting of military equipment by local law enforcement agencies. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8(commencing with Section 7070)to Division 7 of Title 1 of the Government Code,furthers,within the meaning of paragraph (7)of subdivision(b)of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies.Pursuant to paragraph(7)of subdivision(b)of Section 3 of Article I of the California Constitution,the Legislature makes the following findings: Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business. SEC.4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 —9— Ch.406 result from a legislative mandate that is within the scope of paragraph(7) of subdivision(b)of Section 3 of Article I of the California Constitution. 0 92 EXHIBIT 2 Policy Huntington Beach Police Department 707 Huntington Beach PD Policy Manual Military Equipment 707.1 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). 707.1.1 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. • TASER®Shockwave, microwave weapons,water cannons, and long-range acoustic devices(LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. Copyright Lexipol,LLC 2023/05/D2,All Rights Reserved. Military Equipment-1 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Military Equipment 707.2 POLICY It is the policy of the Huntington Beach Police Department that members of this department comply with the provisions of Government Code§7071 with respect to military equipment. 707.3 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 governing body. (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 Huntington Beach 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. 707.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: [Insert attachment here] 707.5 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 military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code§7071): Copyright lexipot,LLC 2023/05/02,All Rights Reserved. Military Equipment-2 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Military Equipment (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. 707.6 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. 707.7 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. 707.8 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 2023/05/02,All Rights Reserved. Military Equipment-3 Published with permission by Huntington Beach Police Department EXHIBIT 3 UNCODIFIED ORDINANCE NO. 4255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A MILITARY EQUIPMENT USE POLICY CONSISTENT WITH ASSEMBLY BILL NO. 481, AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly created and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs. WHEREAS,the California Legislature passed, and the Governor signed, Assembly Bill 481 (AB 481),which requires City Council approval,via adoption of a"military equipment use policy" by ordinance, prior to the funding, acquisition, or use of"military equipment," as defined in the Legislation,by May 1,2022. WHEREAS, the Huntington Beach Police Department (HBPD) is in possession of certain items of equipment that qualify as "military equipment" under AB 481 and further intends to acquire and use other items of military equipment as critical tools to safeguard the public's health, welfare,safety,civil rights,and civil liberties. WHEREAS,the HBPD's ability or inability to use its"military equipment"has the potential to impact the health, safety, and welfare of residents in the City, particularly as to its ability to prevent and address crime in the City. As such,and notwithstanding any argument concerning the applicability of AB 481 to charter cities, the City Council finds that there is a need to adopt a military equipment use policy in order to protect the public health, safety, and welfare to ensure that the HBPD is unable to utilize its own vital resources. WHEREAS, the HBPD has submitted and proposed a military equipment use policy consistent with AB 481,and has made the proposed policy available on the HBPD website for at least 30 days prior to the public hearing concerning the military equipment at issue. WHEREAS, all other legal prerequisites prior to the adoption of this Ordinance have occurred. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1 Mandatory Findings.The City Council finds that: A. The military equipment inventoried in proposed HBPD Policy 706 attached hereto and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety. B. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. C. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety. } Ordinance No. 4255 SECTION 2.Military Equipment Use Policy Adopted. HBPD Policy 706 is hereby approved and adopted. SECTION 3.Annual Council Review. The HBPD shall submit an annual military equipment report consistent with the information required by Government Code Section 7070 et.seq,and the City Council shall thereafter determine whether each type of military equipment therein complies with the standards for approval. The City Council shall,on an annual basis,review this Ordinance and vote on whether to renew its approval until such time that the Council approval provision required by AB 481 is amended,overturned,or revoked. SECTION 4. CEOA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds and determines that the Ordinance is exempt from CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment and because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. SECTION 5. Effective Date.This Ordinance shall become effective 30 days after its passage. SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,phrase, or portion of this Ordinance or the application thereof to any person or place,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance and shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end,the provisions of this Ordinance are severable. The City Council hereby declares it would have adopted this Ordinance,and each and every section,subsection,subdivision,sentence, clause,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections, subdivisions,sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional. SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the / 'day of l fl O ,2022. ' •. ?/- • . Mayor ATTEST: APPROVED AS TO FORM: ( 67401, et/hi/IA(444d City Clerk it ttorney 2 Ordinance No. 4255 REVIEWED AND APPROVED: INITIATED ArAPPRO City anager Chief of Police 3 Uncodified Ord. No. 4255 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,ROBIN ESTANISLAU,the duly elected,qualified City Clerk of the City of Huntington Beach,and ex-officio Clerk of the City Council of said City,do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on May 3,2022,and was again read to said City Council at a Regular meeting thereof held on May 17,2022,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Peterson,Bolton,Posey,Delgleize,Carr,Moser,Kalmick NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on May 27,2022. erWallUdA43) In accordance with the City Charter of said City. Robin Estanislau,City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach,California EXHIBIT 4 Military Equipment Funding, Acquisition, and Use Policy 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). 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code§7070): Governing body—The City Council of the City of Huntington Beach. Military equipment—Any of a wide variety of items as defined by Government Code§7070, subsection (c),as may be amended from time to time. 706.2 POLICY It is the policy of the Huntington Beach 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 or an authorized designee shall 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 governing body. 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 the Huntington Beach 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's website(Government Code§7072). g. Making recommendations for future revisions of the military equipment policy. 706.4 MILITARY EQUIPMENT INVENTORY A current list of qualifying equipment for the Department is attached to this Policy as Exhibit 1. 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 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 Department's jurisdiction. 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. Nothing in this policy shall preclude the Department from using funds to maintain or replace existing equipment for use in the same manner as previously approved by the City Council. 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 the Department's 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. 706.9 COMPLIANCE 1. The Training Division will ensure that all Department members comply with this policy by conducting an annual audit with the assistance of the Professional Standards Unit.The Chief of Police or designee will be notified of any policy violations and, if needed,the violation(s)will be referred to the Professional Standards Unit and handled in accordance with Reference Manual Section 310.7 (Administrative Investigations). 2. Any member of the public can register a question or concern regarding military use equipment by contacting the Professional Standards Unit via email at policepsu@hbpd.org.A response to the question or concern shall be completed by the Department in a timely manner. 3. Any member of the public can submit a complaint by contacting the on-duty Watch Commander,the Professional Standards Unit,or any other supervisor,consistent with the Citizen Complaint Reporting Procedure available on the Department's website.A response to the complaint shall be completed by the Department in a timely manner. 4. All instances of non-compliance will be reported to City Council via the annual military equipment report. EXHIBIT 1 CURRENT MILITARY EQUIPMENT INVENTORY (Attached) • 1. UNMANNED AIRCRAFT SYSTEM (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely. a. Description, Quantity, Capabilities and Purchase Cost i. DJI PHANTOM 4 PRO - Cost: $1,599 each; quantity: 2. UAS that weighs • approximately 1388 grams and can record video and audio with approximately 30 minutes of flight time. ii. DJI MAVIC AIR - Cost: $579 each; quantity: 2. UAS with a single-color camera with no zoom capabilities, weighs approximately 230 grams and has video recording capabilities with approximately 21 minutes of flight time. iii. DJI MAVIC AIR 2S - Cost: $799 each; quantity: 6. UAS with a single-color camera with zoom capabilities,weighs approximately 570 grams and has video recording capabilities with approximately 43 minutes of flight time. iv. DJI MAVIC PRO - Cost: $1500; quantity: 2. UAS that weighs approximately 899 grams with 25 minutes of flight time and a single-color camera with recording capabilities. v. DJI MAVIC ENTERPRISE DUAL- Cost: $2,500 each; quantity: 1. UAS that has a color and thermal camera as well as audible speaker and light, capable of video recording and weighs 899 grams with approximately 30 minutes of flight time. vi. DJI MAVIC ENTERPRISE-Cost: $2,495 each; quantity: 10. UAS that has a color zoom camera as well as audible speaker and light, capable of video recording and weighs 899 grams with approximately 30 minutes of flighttime. vii. DJI MAVIC ENTERPRISE ADVANCED-Cost: $6,500 each;quantity: 10. UAS that has a color and thermal zoom camera as well as an audible speaker and light, capable of video recording and weighs 909 grams with approximately 31 minutes of flighttime. viii.DJI M210 - Cost: $25,000 each; quantity: 1. UAS that has a thermal zoom color camera and weighs 6.14 kilograms. Has video recording capabilities with approximately 38 minutes of flight time ix. AUTEL EVO 1 - Cost: $1,000 each; quantity: 1. UAS that has a color camera with zoom, capable of video recording and weighs 370 grams with approximately 30 minutes of flighttime. • x. AUTEL EVO 2 6K - Cost: $ 1,795 each; quantity: 2. UAS that has a color camera with zoom, capable of video recording and weighs 1127 grams with approximately 40 minutes of flight time. xl. AUTEL EVO 2 DUAL R - Cost: $ 12,300 each; quantity: 2 (to be purchased this year). UAS that has a color and thermal camera with zoom, as well as audible speaker and light, capable of video recording and weighs 1127 grams with approximately 40 minutes of flighttime. xii. SKYDIO 2 - Cost: $1,000 each; quantity: 1. UAS that has a color camera capable of video recording and weighs 280 grams with approximately 23 minutes of flight time. xiii. SY-HERO LOKI MK2- Cost: $10,000 (set of 2); quantity: 2. UAS that has a color and infrared camera and weighs approximately 8 oz, does not record video and has approximatelyl6 minutes of flight time. b. Purpose Small Unmanned Aerial Systems are to be deployed when its view would assist officers or incident commanders with the following situations, which include, but are not limited to: i. Major traffic collision investigations ii. Evidence collection iii. Search for missing persons/swimmers iv Crime scene photography v. Natural disaster management vi. Situational awareness during major incidents vii. SWAT, tactical or other public safety and life preservation missions viii.In response to specific requests from local, state or federal fire authorities for fire response and/or prevention. c. Authorized Use Only assigned UAS team members who have completed the required training and hold a valid FAA Part 107 license, shall be permitted to operate any UAS during approved missions. d. Expected Life Span All UAS equipment, approximately 3-5 years. e. Fiscal Impact Annual maintenance and battery replacement cost is approximately$25,000. f. Training All department UAS operators are licensed by the Federal Aviation Administration for UAS operation under FAA Regulation 14 CFR Part 107. In addition, each operator must attend initial department or POST-certified training and participate in ongoing training. g. Legal and Procedural Rules FAA Regulation 14 CFR Part 107 and the Huntington Beach Lexipol Policy section 463(UAS Policy). It is the policy of the Huntington Beach Police Department to utilize UAS only for official purposes and in a manner that respects the privacy of our community pursuant to State and Federal law. 2. ROBOT: A remotely-controlled, unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a. Description, Quantity, Capabilities and Purchase Cost i. TRANSCEND VANTAGE TACTICAL ROBOT -Cost: $26,000; quantity: 1. A remotely operated, tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face- to-face confrontation. Additionally, the remote, two-way communication capability allows operators to de-escalate situations by negotiating the surrender of barricaded subjects. ii. RECON THROWBOT TACTICAL ROBOT - Cost: $15,000; quantity: 2. A throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. This capability increases the safety of community members, officers and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face-to-face confrontation. This robot is portable and able to be easily carried by officers. iii. ROBOTEX AVATAR TACTICAL ROBOT - Cost: $18,000; quantity: 1. A remotely operated, tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face- to-face confrontation. b. Purpose To be used during tactical incidents to safely search a structure without exposing officers and/or community members to the risk of a face-to-face confrontation. c. Authorized Use Tactical robots shall only be deployed by Department personnel trained in their use. d. Expected Life Span All robots, approximately 8-10 years. e. Fiscal Impact Annual maintenance and battery replacement costs of approximately$2,500. f. Training All operators shall receive initial training before deploying the robots in the field. g. Legal and Procedural Rules The Department shall only utilize the robots for official law enforcement purposes, pursuant to State and Federal Law. 3. ARMORED VEHICLES: Commercially produced, ballistically protected, wheeled vehicles designed for law enforcement purposes. a. Description, Quantity, Capabilities and Purchase Cost i. LENCO BEAR- Cost: $293,745; quantity: 1. The Lenco Bear is an armored rescue vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down civilians and personnel. It can stop various projectiles which provides greater safety to civilians and officers beyond the protection level of shields and personal body armor. ii. TERRADYNE GUHRKA-Cost: $353,653; quantity: 1. The Terradyne Guhrka is an armored vehicle that seats 7-8 personnel with open floor plan that allows for rescue of down civilians and personnel. it can stop various projectiles which provides greater safety to civilians and officers beyond the protection level of shield and personal body armor. In addition, it is equipped with Advanced Lifesaving Equipment,at the level of an ambulance,to provide injured persons with an immediate, advanced level of medical treatment increasing the likelihood of reduced long-term injury or death. b. Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, and provide immediate, advanced lifesaving medical treatment. c. Authorized Use Armored vehicles shall only be deployed by personnel trained in their use and in a manner consistent with Department policies and procedures. d. Lifespan All vehicles have an estimated lifespan of 25 years. e. Fiscal Impact Annual maintenance costs of approximately$10,000. f. Training All drivers/operators shall attend formalized instruction in vehicle operations, practical driving instruction and deployment procedures. I g. Legal and Procedural Rules The Department shall only utilize armored vehicles for official law enforcement purposes, pursuant to State and Federal law. 4. MOBILE COMMAND POST VEHICLE(MCP):A vehicle used as a mobile office that provides shelter, a communications center, access to Department computer systems and restroom facilities during extended events. a. Description, Quantity, Capabilities and Purchase Cost FREIGHTLINER MT55 CHASSIS (custom built by LDV) VEHICLE - Cost: $191,000; quantity: 1. The MCP can also be utilized for SWAT/CNT and other critical incidents; preplanned, large events; searching for missing persons; natural disasters; and community events. b. 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. c. Authorized Use Only officers trained in their deployment and operations, in a manner consistent with Department policy, are authorized to operate the MCP. Only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. d. Lifespan Estimated lifespan of 20 years on chassis and vehicle. Annual IT upgrades will be necessary. e. Fiscal Impact Annual maintenance costs of approximately$7,500. f. Training The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing (Class B). • g. Legal and Procedural Rules The Department shall only utilize the vehicle for official law enforcement purposes in accordance with California State law regarding the operation of motor vehicles. 5. CRISIS NEGOTIATION TEAM (CNT) VEHICLE: A vehicle used as a mobile crisis negotiations team office that provides shelter, access to Department computer systems, and a communications center on extended events. a. Description, Quantity, Capabilities and Purchase Cost FORD TRANSIT VAN (custom built)VEHICLE-Cost: $115,000; quantity: 1. The CNT vehicle can be utilized with SWAT/CNT callouts. b. Purpose To be utilized for critical incident callouts. c. Authorized Use The CNT vehicle will be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. d. Lifespan Estimated lifespan of 30 years on chassis and vehicle. e. Fiscal Impact Annual maintenance costs of approximately$600. f. Training To be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. g. Legal Procedural Rules The Department shall only utilize the vehicle for official law enforcement purposes in accordance with California State law regarding the operation of motor vehicles. 6. LONG RANGE ACOUSTIC DEVICE (LRAD): Long Range Acoustical Device (LRAD) is a high intensity, directional acoustical array for long range, crystal clear hailing, notification,and an unmistakable warning tone. The LRAD is primarily used as a communication device. a. Description, Quantity, Capabilities and Purchase Cost LRAD 100X MAG- HS WIRELESS KIT - Cost: $16,586; quantity: 1. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge. b. Purpose To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects, K9 deployments, etc.). The LRAD may also be used to issue a warning tone. c. Authorized Use LRADs shall only be used by personnel trained in its deployment and used in a manner consistent with State and Federal law. d. Lifespan Estimated lifespan of 25 years. e. Fiscal Impact Annual maintenance costs of approximately$400. f. Training All operators will receive training prior to operating the LRAD in the field. g. Legal and Procedural Rules The Department shall only utilize the LRAD for official law enforcement purposes, pursuant to State and Federal law. 7. 40MM LAUNCHERS AND ROUNDS: 40mm launchers are utilized by Department personnel as a less-lethal tool to deploy less-lethal impact munitions and chemical munitions. a. Description, Quantity, Capabilities and Purchase Cost i. LMT TACTICAL SINGLE SHOT LAUNCHER, #1425 - Cost: $1,000; quantity: 59. The 40mm Single Launcher is a tactical single-shot launcher that features an integrated stock and an adjustable,integrated front grip with a top rail. 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. ii. PENN ARMS, #1377, 40mm MULTI-LAUNCHER - Cost $2,890; quantity: 1. The 40mm Multi-Launcher is a tactical pump advance multi-shot (6) launcher that features an integrated stock with a top rail. It will fire standard 40mm less- lethal ammunition up to 4.8 inches in cartridge length. iii. DEFENSE TECHNOLOGY, 40mm EXACT IMPACT SPONGE, #6325- Cost: $20; quantity: 300. A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 345 FPS. The 30-gram foam projectile delivers 120 ft/lbs 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. It is designed as a less- lethal option for violent persons actively engaging in criminal behavior. Only members of the Department who have completed training by a POST-certified less-lethal instructor are authorized to deploy the 40mm round. Iv. DEFENSE TECHNOLOGY, 40mm EXACT IMPACT INERT & MARKING SPONGE, #6323 - Cost: $20; quantity: 300. A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 305 FPS. The 3.8-gram foam projectile delivers 120 ft/lbs of energy on impact with inert marking agent. 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. It is designed as a less-lethal option for violent persons actively engaging in criminal behavior. The marking feature is effective in identifying persons who are in crowds, have the ability to flee, or who may attempt to flee from apprehension. Only members of the Department who have completed training by a POST-certified less-lethal instructor are authorized to deploy the 40mm round. v. DEFENSE TECHNOLOGY, FERRETT 40mm LIQUID BARRICADE PENETRATOR ROUND,#2262- Cost: $23; quantity: 25. A less lethal 40mm round used to penetrate barriers such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous and/or combative individuals ii. Riot/crowd control and civil unrest incidents iii. Circumstances where a tactical advantage can be obtained iv. Potentially vicious animals v. Training exercises or approved demonstrations vi. Tactical situations involving the deployment of the Department's SWAT Team d. Training Personnel deploying less-lethal or chemical agents will be trained in their use and deployment before using them in the field. A POST-certified less-lethal or chemical agent instructor will conduct all training. e. Lifespan LMT Single Shot Launcher: 25 years Penn Arms Launcher: 25 years All listed munitions: 5 years f. Fiscal Impact Annual maintenance cost is approximately$50 for each launcher. g. Legal and Procedural Rules The Department shall only utilize 40mm launchers and rounds during critical incidents for official law enforcement purposes, pursuant to State and Federal law. 8. COMBINED SYSTEMS LC5 40mm TACTICAL LAUNCHING CUP: Cups attach to 12 gauge, less-lethal shotguns allowing officers to launch canisters of chemical agents or smoke. a. Description. Quantity, Capabilities and Purchase Cost COMBINED SYSTEMS LC5 40mm LAUNCHING CUP -Cost: $346; quantity; 2. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12 gauge shotgun and the munition launched with our model 2600 launching cartridge. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for use of the less-lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous and/or combative individuals ii. Riot/crowd control and civil unrest incidents iii. Circumstances where a tactical advantage can be obtained iv. Potentially vicious animals v. Training exercises or approved demonstrations vi. Tactical situations involving the deployment of the Department's SWAT Team d. Lifespan Estimated Lifespan: 25 years e. Fiscal Impact No annual maintenance. f. Training Officers utilizing the launching cups are trained by POST-certified chemical agent instructors. g. Legal and Procedural Rules The Department shall only utilize 40mm launching cups for official law enforcement purposes, pursuant to State and Federal law. 9. NOISE FLASH DIVERSIONARY DEVICES (NFDD): A device used to distract or divert a dangerous person's attention. a. Description, Quantity, Capabilities and Purchase Cost i. COMBINED TACTICAL SYSTEMS, 7290 FLASH-BANG-Cost: $42; quantity: 25. A non-bursting, non-fragmenting, flashbang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. ii. COMBINED TACTICAL SYSTEMS, 7290-2 FLASH-BANG - Cost: $56; quantity: 15. A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue,room entry or other high- risk arrest situations. iii. COMBINED TACTICAL SYSTEMS, 7290-5 FLASH-BANG - Cost: $125; quantity: 5. A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iv. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG - Cost: $156; quantity: 5. A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. v. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG - Cost: $40 quantity: 10. The 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces, the new 7290M is approximately 30% lighter than the 7290 but still has the same 175 db output of the 7290 and produces 6-8 million candelas of light. vi. DEFENSE TECHNOLOGY, 8933 LOW-ROLL RELOADABLE DIVERSION- ARY DEVICE - Cost: $55; quantity: 30. A non-bursting, non fragmenting flashbang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults,hostage rescue, room entry or other high-risk arrest situations. vii. DEFENSE TECHNOLOGY, 8922CI LOW ROLL 2CI RELOADABLE DIVERSIONARY DEVICE - Cost: $75; quantity: 10. A non-bursting, non- fragmenting flashbang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose A diversionary device is used to distract dangerous suspects during assaults,hostage rescue, room entry, or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage. c. Authorized Use Diversionary Devices shall only be used: i. By officers who have been trained in their proper use ii. In hostage and barricaded subject situations iii. In high risk warrant (search/arrest) services where there may be extreme hazards to officers iv. During other high-risk situations where their use would enhance officer safety v. During training exercises d. Lifespan Until used. e. Fiscal Impact No annual maintenance. f. Training Prior to use, officers must attend divisionary device training conducted by POST- certified instructors. g. Legal and Procedural Rules The Department shall only utilize NFDDs for official law enforcement purposes, pursuant to State and Federal law. 10.RIFLES AND AMMUNITION: Shoulder-fired firearms, with long, spirally-grooved barrels, intended to cause projectiles to spin, improving accuracy over a long distance. a. Description, Quantity, Capabilities and Purchase Cost i. DANIEL DEFENSE DDM4 V7 223/5.56 PATROL RIFLE equipped with an Aimpoint optic,tactical light,and sling -Cost:$2,555; quantity: 61. The DDM4 V7 AR15-style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a cold hammer forged, 16-inch barrel,the V7 has a DD improved flash suppressor to reduce flash signature. The mid- length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has adjustable back up iron sights. The independently ambi GRIP-N-RIP charging handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense buttstock and pistol grip. ii, DANIEL DEFENSE SOCOM-MK18 223/5.56 SWAT RIFLE equipped with an Aimpoint optic, tactical light and sling - Cost: $2,600; quantity: 35. The SOCOM-MK18 AR15-style firearm features a quad-rail system, cold hammer forged 10.3-inch barrel.The MK18 delivers optimal maneuverability, reliability, accuracy and terminal ballistics using a wide variety of ammunition. Its carbine length gas system provides smooth and reliable cycling under harsh conditions and reduces perceived recoil. With the quad-rail attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the MK-18 has plenty of room for sights, optics, and accessories the user may require. Pairing a 10.3-inch barrel and the quad-rail also ensures compatibility with a wide variety of muzzle devices and sound suppressors. The independently ambi GRIP-N-RIP charging handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic buttstock and pistol grip. iii. BUSHMASTERARI5 223./5.56 PATROL RIFLE equipped with Trijicon ACOG sight, tactical light and sling - Cost: $2,500; quantity 26. The AR15- style firearm features the Picatinny rail cage with Bushmaster 16" barrel and mid- length gas tube system. The Picatinny rail system allows attachments of the tactical light with pressure switch, adjustable iron sights and the Trijicon ACOG 4x32 model sight system. iv. BUSHMASTER AR15 223./5.56 PATROL RIFLE equipped with iron sights and a sling, used strictly for the Ceremonial Detail. Cost: $1,000, quantity 8. The AR15 rifle is in an M4 configuration with a carry handle and fixed rifle stock. v. GEISSELE SUPER DUTY RIFLE CHF #08-392 equipped with an Aimpoint optic, tactical light, Surefire Suppressor and sling - Cost $3,400, quantity 90. Geissele SSA Triger, Bolt Carrier group — 5.56 modular rail MKI6 M-LOK, Geissele A22 rifle grip. Surefire CTN Warcomp flash hider. Surefire second generation SoCom suppressor for 5.56. T1 Lower. Aimpoint Micro T-2 optic. Folding front and rear sights. vi. ACCURACY INTERNATIONAL AT308 RIFLE, cost: $4700, quantity: 4. .308 Winchester(short action) 5.8kg (12.81b) with empty magazine, no scope, 24" barrel, no muzzle brake. Fixed stock, standard adjustable cheek piece, fixed butt pad with spacers, pistol grip, flush cup spring attachment points, 20 MOA STANAG 4694/Mil Std 1913 action rail, double chamber standard muzzle brake. vii. REMINGTON 700 COMPACT TACTICAL RIFLE.308—Cost:$2,000;quantity: 1. Remington's Model 700 Compact Tactical Rifle features a 416 stainless steel-barreled action with externally adjustable trigger. viii.WINCHESTER.223/5.56 TRAINING AMMUNITION - Cost: $170 per case of 500;quantity: 120 cases.Winchester ammunition features a lead core 55-grain full metal, non-magnetic jacket. Non-corrosive boxer primer and new virgin brass casings can be reloaded up to seven times. ix. WINCHESTER 223./5.56 RANGER BALLISTIC SILVERTIP DUTY AMMUNITION #RA223BSTA - Cost: $388 per case; quantity 75 cases. Winchester Ranger is the highest line quality intended for law enforcement. Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and muzzle energy of 1262 feet pounds. Winchester Ranger ammo is reloadable, features new virgin brass casings and boxer primers. This ammunition is non-corrosive. x. FEDERAL TACTICAL TRU .308 168GR RIFLE ROUND -cost: $398 per case of 500; quantity: 10 cases.The tactical ballistic tip bullet's polymer tip provides excellent accuracy, while tapered jackets allow rapid, yet controlled, expansion. The ammunition utilizes low-flash propellants; the best Federal brass and crimped primers. This Federal 308 Winchester TRU ammo features brass cases, boxer primer and is non-corrosive and 100% reloadable. It features a 168 grain ballistic tip. b. Purpose To be used as precision weapons to address threats that exceed the capability of the Department's standard-issue handgun. c. Authorized Use Only members POST-certified in the use of the rifle are authorized to deploy them in the field. d. Lifespan Listed .223/5.56 caliber rifles have a 10-15 year lifespan. Listed .308 caliber rifles have a 10-15 year lifespan. Listed ammunition is good until used. e. Fiscal Impact The Department budgets $106,000 annually for all Department firearms ammunition. Annual maintenance cost is approximately$50 for each rifle. f. Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. All members that operate any rifle are required to pass a range qualification two times a year g. Legal and Procedural Rules The Department will only utilize rifles for official law enforcement purposes,pursuant to Department Policy and State and Federal law. 11. CHEMICAL AGENT AND SMOKE CANISTERS: Canisters that contain chemical agents that are released when deployed. a. Description, Quantity, Capabilities and Purchase Cost i. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER, OC, #1030 - Cost: $43;quantity: 10.The design of the Tri-Chamber Flameless OC Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor, tactical situations to detect and/or dislodge a barricaded subject. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance,temporary discomfort,and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. ii. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082-Cost: $27; quantity: 75. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 inches by 2.35 inches and holds approximately 2.7 ounces. of active agent. iii. DEFENSE TECHNOLOGY, FLAMELESS TRl-CHAMBER CS GRENADE, #1032 - Cost$36; quantity: 20. 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 risk 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 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance,temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. iv. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CANISTER, CS, #1072 - Cost: $29; quantity: 15. The Spede-HeatTM CS canister is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds.The payload is discharged through four gas ports on top of the canister,three on the side,and one on the bottom. This launchable canister is 6.12 inches by 2.62 inches and holds approximately 2.9 ounces. of active agent. v. DEFENSE TECHNOLOGY, POCKET TACTICAL CANISTER, CS, #1016 - Cost: $25; quantity: 20. The Pocket Tactical CS Canister is small and lightweight. The 0.9 ounces of active agent will burn approximately 20-40 seconds. At 4.75 inches by 1.4 inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full- size tactical canister. vi. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER SAF-SMOKE GRENADE, #1033 - Cost: $35; quantity: 10. The design of the Tri-Chamber Flameless Saf-Smoke Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk 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 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization,while minimizing or negating the chance of fire to the structure. vii. DEFENSE TECHNOLOGY, MAXIMUM HC (Hexachioroethane) SMOKE, LARGE STYLE CANNISTER, #1073 - Cost: $37; quantity: 5. Designed specifically for outdoor use in crowd management situations, the Maximum Smoke Grenade is a high volume, slow burning device that deploys large quantities of grey-white colored smoke for approximately 1.5 to 2 minutes. The device should be deployed utilizing wind advantage. It can be utilized as a carrying agent(multiplier)for smaller OC, CN or CS munitions, or for concealing the movement of agency personnel. It may also be used as a distraction to focus attention away from other activities. viii. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056- Cost: $44; quantity: 10. The Defense Technology OC Vapor Aerosol Grenade is for Law Enforcement and Corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired. ix. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 6 OUNCE, #56854-Cost: $22; quantity: 10. The 6 ounce OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3% OC formulation. Ideal for area denial; areas like attics, garages, etc. This device has minimum cleanup. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum cleanup requirements. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: i, Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest Incidents. iii. CIrcumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. vi. Tactical situations involving the deployment of the Department's SWAT Team. c. Authorized Use Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. d. Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. e. Lifespan 5 years from manufacturing date. f. Fiscal Impact No annual maintenance. g. Legal and Procedural Rules The Department shall only utilize explosive Chemical Agent and Smoke Canisters for official law enforcement purposes, pursuant to State and Federal law. 12. EXPLOSIVE BREACHING TOOLS: Tools that are used to conduct an explosive breach. a. Description, Quantity, Capabilities and Purchase Cost I. PRIMACORD REINFORCED DETONATING CORD - Cost: $1 per foot; quantity: 2000 feet. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. ii. ORICA EXEL MS 40' SHOCK TUBE - Cost: $12 each; quantity: 40. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. ORICA EXEL MS 80' SHOCK TUBE - Cost; $22 each; quantity: 60. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iv. BLASTING CAP-Cost:$12;quantity: 100. A blasting cap is a small,sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps. v. BOOSTERS(Southwest Explosives) 18 GRAM UNCRIMPED- Cost:$8 each; quantity: 150. A high power explosive, made of a highly safe pentolite charge (a blend of TNT and PETN) for the initiation of blasting agents. Its main purpose is to provide an energetic pulse high enough to rapidly achieve an optimum velocity of detonation of the explosive. vi. DONOVAN DURASHEET PETN C-1, SHEET EXPLOSIVE - Cost $60 per pound; quantity: 20 pounds. Used in conjunction with detonating cord and blasting caps to gain entry into a fortified structure. vii. DONOVAN DURASHEET PETN C-2, SHEET EXPLOSIVE - Cost $55 per pound; quantity: 40 pounds. Used in conjunction with detonating cord and blasting caps to gain entry into a fortified structure. viii. DONOVAN DURASHEET PETN C-3, SHEET EXPLOSIVE - Cost $45 per pound; quantity: 10 pounds. Used in conjunction with detonating cord and blasting caps to gain entry into a fortified structure. ix. ROYAL ARMS RDI ROYAL DUAL INITIATOR SHOCK TUBE IGNITER, NSN# 1375-01-533-5362-Cost: $590; quantity: 6. Mechanical initiator for explosive breaching operations. x. REMINGTON 870 BREACHING SHOTGUN w/ Royal Arms International Barrel - Cost: $500; quantity: 1. 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. 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). xi. ROYAL ARMS TESAR-3 GREEN CAP 375 GRAIN CLAYVON FRANGIBLE BREACHING ROUND - Cost: $5 per round; quantity: 25. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. xii. ROYAL ARMS HP CUTTER 12 GAUGE HOLLOW POINT REBAR CUTTER BREACHING ROUND - Cost: $6 per round; quantity: 25. The round is fired from a breaching shotgun and is used to cut rebar, penetrate security glass, car doors and can penetrate engine blocks. b. Purpose To safely gain entry into a fortified structure. c. Authorized Use Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises. d. Lifespan Breaching Shotgun: 25 years Shock Tube: 25 years Blasting Caps: 10 years Boosters: 10 years Detonating cord: 10 years Sheet Explosive: 10 years Breaching Rounds: 5 years e. Fiscal Impact Annual maintenance cost is approximately$50. f. Training All officers who use explosive breaching tools shall attend at least 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. g. Legal and Procedural Rules The Department shall only utilize explosive breaching for official law enforcement purposes, pursuant to State and Federal law. 13. PEPPERBALL LAUNCHER: A less-lethal device that discharges irritant projectiles. a. Description, Quantity, Capabilities and Purchase Cost i. PepperBall FTC, #720-01-0002 - Cost: $589; quantity 31. The Full Tactical Carbine System (FTC) is a compressed air-powered launcher designed to fire non-lethal PepperBall projectiles.The PepperBall FTC is a gravity feed system with a hopper containing up to 180 .68 caliber projectiles at one time,which is designed for use with high-pressure air. II. PepperBall INERT Powder Projectiles - Cost: $1 per projectile; quantity: 2000 projectiles. Inert projectiles used for training purposes. iii. PepperBall LIVE PAVA (OC) - Cost: $2.27 per projectile; quantity: 5000 projectiles. The basic PepperBall projectile, it contains 2% PAVA and is designed for direct impact and area saturation especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+feet. iv. PepperBall LIVE-X PAVA (OC) - Cost: $3 per projectile; quantity: 5000 projectiles. LIVE-X contains a concentrated amount of PAVA pepper powder. One round of LIVE-XTM contains the equivalent to 10 LIVE PepperBall rounds. This projectile is best for direct impact or area saturation. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 150 feet and an area of saturation of 390+feet. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: i. Self-destructive, dangerous and/or combative individuals ii. Riot/crowd control and civil unrest incidents iii. Circumstances where a tactical advantage can be obtained iv. Potentially vicious animals v. Training exercises or approved demonstrations vi. Tactical situations involving the deployment of the Department's SWAT Team. c. Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. d. Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST-certified less lethal and chemical agent instructors. e. Lifespan i. PepperBall FTC Launcher: 20 years ii. All PepperBall projectiles have a lifespan of 3 years. f. Fiscal Impact Annual maintenance cost is approximately$50 for each launcher. g. Legal and Procedural Rules The Department shall only utilize PepperBall launchers for official law enforcement purposes, pursuant to State and Federal law. EXHIBIT 5 1. UNMANNED AIRCRAFT SYSTEM (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely. a. Description, Quantity, Capabilities and Purchase Cost i. DJI PHANTOM 4 PRO - Cost: $1,599 each; quantity: 2. UAS that weighs approximately 1388 grams and can record video and audio with approximately 30 minutes of flight time. ii. DJI MAVIC 3-Cost: $2,049 each;quantity: 1. UAS that weighs approximately 895 grams and has video recording capabilities with approximately 40 minutes of flight time. iii. DJI MAVIC AIR 2S - Cost: $799 each; quantity: 8. UAS with a single-color camera with zoom capabilities,weighs approximately 570 grams and has video recording capabilities with approximately 43 minutes of flight time. iv. DJI MAVIC ENTERPRISE DUAL -Cost: $2,500 each; quantity: 1. UAS that has a color and thermal camera as well as audible speaker and light, capable of video recording and weighs 899 grams with approximately 30 minutes of flight time. v. DJI MAVIC 2 ENTERPRISE - Cost: $2,495 each; quantity: 12. UAS that has a color zoom camera as well as audible speaker and light, capable of video recording and weighs 899 grams with approximately 30 minutes of flighttime. vi. DJI MAVIC ENTERPRISE ADVANCED-Cost: $6,500 each; quantity: 4. UAS that has a color and thermal zoom camera as well as an audible speaker and light, capable of video recording and weighs 909 grams with approximately 31 minutes of flighttime. vii. DJI M210 - Cost: $25,000 each; quantity: 1. UAS that has a thermal zoom color camera and weighs 6.14 kilograms. Has video recording capabilities with approximately 38 minutes of flight time viii.AUTEL EVO 1 - Cost: $1,000 each; quantity: 1. UAS that has a color camera with zoom, capable of video recording and weighs 370 grams with approximately 30 minutes of flight time. ix. AUTEL EVO 2 6K - Cost: $ 1,795 each; quantity: 1. UAS that has a color camera with zoom, capable of video recording and weighs 1127 grams with approximately 40 minutes of flighttime. x. DJI MAVIC 3 THERMAL- Cost: $5,498 each; quantity: 2. UAS that weighs approximately 920 grams and has thermal and video recording capabilities with approximately 40 minutes of flight time. xi. DJI MAVIC PRO - Cost: $1,500 each; quantity: 2. UAS that weighs approximately 899 grams and has color video recording capabilities with approximately 25 minutes of flight time. b. Purpose Small Unmanned Aerial Systems are to be deployed when its view would assist officers or incident commanders with the following situations, which include, but are not limited to: i. Major traffic collision investigations ii. Evidence collection iii. Search for missing persons/swimmers iv Crime scene photography v. Natural disaster management vi. Situational awareness during major incidents vii. SWAT, tactical or other public safety and life preservation missions viii. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention. c. Authorized Use Only assigned UAS team members who have completed the required training and hold a valid FAA Part 107 license, shall be permitted to operate any UAS during approved missions. d. Expected Life Span All UAS equipment, approximately 3-5 years. e. Fiscal Impact Estimated annual maintenance and battery replacement cost is $25,000. For 2022 that cost was approximately $25,000. f. Training All department UAS operators are licensed by the Federal Aviation Administration for UAS operation under FAA Regulation 14 CFR Part 107. In addition, each operator must attend initial department or POST-certified training and participate in ongoing training. There were no specific training costs for 2022. g. Legal and Procedural Rules FM Regulation 14 CFR Part 107 and the Huntington Beach Lexipol Policy section 463 (UAS Policy). It is the policy of the Huntington Beach Police Department to utilize UAS only for official purposes and in a manner that respects the privacy of our community pursuant to State and Federal law. 2. ROBOT: A remotely-controlled, unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a. Description, Quantity, Capabilities and Purchase Cost i. TRANSCEND VANTAGE TACTICAL ROBOT - Cost: $26,000; quantity: 1. A remotely operated, tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face- to-face confrontation. Additionally, the remote, two-way communication capability allows operators to de-escalate situations by negotiating the surrender of barricaded subjects. ii. RECON THROWBOT TACTICAL ROBOT - Cost: $15,000; quantity: 2. A throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. This capability increases the safety of community members, officers and suspects by providing the operator with the ability to observe and locate subjects without the risk of a face-to-face confrontation. This robot is portable and able to be easily carried by officers. iii. ROBOTEX AVATAR TACTICAL ROBOT - Cost: $18,000; quantity: 1. A remotely operated, tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers and suspects by providing the operatorwith the ability to observe and locate subjects without the risk of a face- to-face confrontation. b. Purpose To be used during tactical incidents to safely search a structure without exposing officers and/or community members to the risk of a face-to-face confrontation. c. Authorized Use Tactical robots shall only be deployed by Department personnel trained in their use. d. Expected Life Span All robots, approximately 8-10 years. e. Fiscal Impact Estimated annual maintenance and battery replacement costs of$2,500. For 2022, that cost was approximately $2,000. f. Training All operators shall receive initial training before deploying the robots in the field. There were no specific training costs for 2022. g. Legal and Procedural Rules The Department shall only utilize the robots for official law enforcement purposes, pursuant to State and Federal Law. 3. ARMORED VEHICLES: Commercially produced, ballistically protected, wheeled vehicles designed for law enforcement purposes. a. Description, Quantity, Capabilities and Purchase Cost I. LENCO BEAR - Cost: $293,745; quantity: 1. The Lenco Bear is an armored rescue vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down civilians and personnel. It can stop various projectiles which provides greater safety to civilians and officers beyond the protection level of shields and personal body armor. ii. TERRADYNE GUHRKA-Cost: $353,653; quantity: 1. The Terradyne Guhrka is an armored vehicle that seats 7-8 personnel with open floor plan that allows for rescue of down civilians and personnel. It can stop various projectiles which provides greater safety to civilians and officers beyond the protection level of shield and personal body armor. In addition, it is equipped with Advanced Lifesaving Equipment, at the level of an ambulance,to provide injured persons with an immediate, advanced level of medical treatment increasing the likelihood of reduced long-term injury or death. b. Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, and provide immediate, advanced lifesaving medical treatment. c. Authorized Use Armored vehicles shall only be deployed by personnel trained in their use and in a manner consistent with Department policies and procedures. d. Lifespan All vehicles have an estimated lifespan of 25 years. e. Fiscal Impact Estimated annual maintenance costs of $10,000. For 2022, that cost was approximately$6,000. f. Training All drivers/operators shall attend formalized instruction in vehicle operations, practical driving instruction and deployment procedures. There were no specific training costs for 2022. g. Legal and Procedural Rules The Department shall only utilize armored vehicles for official law enforcement purposes, pursuant to State and Federal law. 4. MOBILE COMMAND POST VEHICLE(MCP):Avehicle used as a mobile office that provides shelter, a communications center, access to Department computer systems and restroom facilities during extended events. a. Description, Quantity, Capabilities and Purchase Cost FREIGHTLINER MT55 CHASSIS (custom built by LDV) VEHICLE - Cost: $191,000; quantity: 1. The MCP can also be utilized for SWAT/CNT and other critical incidents; preplanned, large events; searching for missing persons; natural disasters; and community events. b. 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. c. Authorized Use Only officers trained in their deployment and operations, in a manner consistent with Department policy, are authorized to operate the MCP. Only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP. d. Lifespan Estimated lifespan of 20 years on chassis and vehicle. Annual IT upgrades will be necessary. e. Fiscal Impact Estimated annual maintenance costs of$7,500. For 2022,that cost was approximately $7,000. f. Training The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing (Class B). There were no specific training costs in 2022. g. Legal and Procedural Rules The Department shall only utilize the vehicle for official law enforcement purposes in accordance with California State law regarding the operation of motor vehicles. 6. CRISIS NEGOTIATION TEAM (CNT) VEHICLE: A vehicle used as a mobile crisis negotiations team office that provides shelter, access to Department computer systems, and a communications center on extended events. a. Description, Quantity, Capabilities and Purchase Cost FORD TRANSIT VAN (custom built)VEHICLE-Cost: $115,000; quantity: 1. The CNT vehicle can be utilized with SWAT/CNT callouts. b. Purpose To be utilized for critical incident callouts. c. Authorized Use The CNT vehicle will be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. d. Lifespan Estimated lifespan of 30 years on chassis and vehicle. e. Fiscal Impact Estimated annual maintenance costs of $600. There were no annual maintenance costs for 2022 as the vehicle was being built. f. Training To be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. There were no specific training costs in 2022. g. Legal Procedural Rules The Department shall only utilize the vehicle for official law enforcement purposes in accordance with California State law regarding the operation of motor vehicles. 6. LONG RANGE ACOUSTIC DEVICE (LRAD): Long Range Acoustical Device (LRAD) is a high intensity, directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device. a. Description. Quantity, Capabilities and Purchase Cost LRAD 100X MAG- HS WIRELESS KIT - Cost: $16,586; quantity: 1. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge. b. Purpose To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects, K9 deployments, etc.). The LRAD may also be used to issue a warning tone. c. Authorized Use LRADs shall only be used by personnel trained in its deployment and used in a manner consistent with State and Federal law. d. Lifespan Estimated lifespan of 25 years. e. Fiscal Impact Estimated annual maintenance costs of $400. There were no annual maintenance costs for 2022. f. Training All operators will receive training prior to operating the LRAD in the field. There were no specific training costs in 2022. g. Legal and Procedural Rules The Department shall only utilize the LRAD for official law enforcement purposes, pursuant to State and Federal law. 7. 40MM LAUNCHERS AND ROUNDS: 40mm launchers are utilized by Department personnel as a less-lethal tool to deploy less-lethal impact munitions and chemical munitions. a. Description, Quantity, Capabilities and Purchase Cost i. LMT TACTICAL SINGLE SHOT LAUNCHER, #1425 - Cost: $1,000; quantity: 59. The 40mm Single Launcher is a tactical single-shot launcher that features an integrated stock and an adjustable, integrated front grip with a top rail. 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. ii. PENN ARMS, #1377, 40mm MULTI-LAUNCHER - Cost $2,890; quantity: 1. The 40mm Multi-Launcher is a tactical pump advance multi-shot (6) launcher that features an integrated stock with a top rail. It will fire standard 40mm less- lethal ammunition up to 4.8 inches in cartridge length. iii. DEFENSE TECHNOLOGY, 40mm EXACT IMPACT SPONGE, #6325 - Cost: $20; quantity: 300. A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 345 FPS. The 30-gram foam projectile delivers 120 ft/lbs 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. It is designed as a less- lethal option for violent persons actively engaging in criminal behavior. Only members of the Department who have completed training by a POST-certified less-lethal instructor are authorized to deploy the 40mm round. iv. DEFENSE TECHNOLOGY, 40mm EXACT IMPACT INERT & MARKING SPONGE, #6323 - Cost: $20; quantity: 320. A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 305 FPS. The 3.8-gram foam projectile delivers 120 ft/lbs of energy on impact with inert marking agent. 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. It is designed as a less-lethal option for violent persons actively engaging in criminal behavior. The marking feature is effective in identifying persons who are in crowds, have the ability to flee, or who may attempt to flee from apprehension. Only members of the Department who have completed training by a POST-certified less-lethal instructor are authorized to deploy the 40mm round. v. DEFENSE TECHNOLOGY, FERRETT 40mm LIQUID BARRICADE PENETRATOR ROUND, #2262 - Cost: $23; quantity: 48. A less lethal 40mm round used to penetrate barriers such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous and/or combative individuals ii. Riot/crowd control and civil unrest incidents iii. Circumstances where a tactical advantage can be obtained iv. Potentially vicious animals v. Training exercises or approved demonstrations vi. Tactical situations involving the deployment of the Department's SWAT Team d. Lifespan LMT Single Shot Launcher: 25 years Penn Arms Launcher: 25 years All listed munitions: 5 years e. Fiscal Impact Annual maintenance cost is $50 for each launcher. For 2022, that cost was approximately $3000 f. Training Personnel deploying less-lethal or chemical agents will be trained in their use and deployment before using them in the field. A POST-certified less-lethal or chemical agent instructor will conduct all training. Training costs for 2022 were approximately $900 g. Legal and Procedural Rules The Department shall only utilize 40mm launchers and rounds during critical incidents for official law enforcement purposes, pursuant to State and Federal law. 8. COMBINED SYSTEMS LC5 40mm TACTICAL LAUNCHING CUP: Cups attach to 12 gauge, less-lethal shotguns allowing officers to launch canisters of chemical agents or smoke. _ a. Description, Quantity, Capabilities and Purchase Cost COMBINED SYSTEMS LC5 40mm LAUNCHING CUP -Cost: $346; quantity: 2. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12 gauge shotgun and the munition launched with our model 2600 launching cartridge. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use Situations for use of the less-lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous and/or combative individuals Ii. Riot/crowd control and civil unrest incidents iii. Circumstances where a tactical advantage can be obtained iv. Potentially vicious animals v. Training exercises or approved demonstrations vi. Tactical situations involving the deployment of the Department's SWAT Team d. Lifespan Estimated lifespan: 25 years e. Fiscal Impact There were no annual maintenance costs for 2022. f. Training Officers utilizing the launching cups are trained by POST-certified chemical agent instructors. There were no annual training costs for 2022. g. Legal and Procedural Rules The Department shall only utilize 40mm launching cups for official law enforcement purposes, pursuant to State and Federal law. 9. NOISE FLASH DIVERSIONARY DEVICES (NFDD): A device used to distract or divert a dangerous person's attention. a. Description, Quantity. Capabilities and Purchase Cost i. COMBINED TACTICAL SYSTEMS, 7290 FLASH-BANG -Cost: $67; quantity: 25. A non-bursting, non-fragmenting, flashbang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. ii. COMBINED TACTICAL SYSTEMS, 7290-2 FLASH-BANG - Cost: $82; quantity: 15. A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high- risk arrest situations. iii. COMBINED TACTICAL SYSTEMS, 7290-3 FLASH-BANG - Cost: $124; quantity: 5. A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. iv. COMBINED TACTICAL SYSTEMS, 7290-9 FLASH-BANG - Cost: $174; quantity: 5. A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. v. COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG - Cost: $53 quantity: 10. The 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces, the new 7290M is approximately 30% lighter than the 7290 but still has the same 175 db output of the 7290 and produces 6-8 million candelas of light. vi. DEFENSE TECHNOLOGY, 8933 LOW-ROLL RELOADABLE DIVERSION- ARY DEVICE - Cost: $55; quantity: 30. A non-bursting, non-fragmenting flashbang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. vii. DEFENSE TECHNOLOGY, 8922CI LOW ROLL 2CI RELOADABLE DIVERSIONARY DEVICE - Cost: $75; quantity: 10. A non-bursting, non- fragmenting flashbang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. viii. DEFENSE TECHNOLOGY, 8901 RELOADS - Cost: $36; quantity: 40. The 12-Gram Distraction Device reload utilizes an M201A1 type fuze that was designed for use with the Distraction Device reloadable steel body. b. Purpose A diversionary device is used to distract dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage. c. Authorized Use Diversionary Devices shall only be used: i. By officers who have been trained in their proper use ii. In hostage and barricaded subject situations iii. In high risk warrant (search/arrest) services where there may be extreme hazards to officers iv. During other high-risk situations where their use would enhance officer safety v. During training exercises d. Lifespan Until used. e. Fiscal Impact There were no annual maintenance costs for 2022. f. Training Prior to use, officers must attend divisionary device training conducted by POST- certified instructors. Training costs for 2022 were approximately $2,700. g. Legal and Procedural Rules The Department shall only utilize NFDDs for official law enforcement purposes, pursuant to State and Federal law. 10. RIFLES AND AMMUNITION: Shoulder-fired firearms, with long, spirally-grooved barrels, intended to cause projectiles to spin, improving accuracy over a long distance. a. Description, Quantity. Capabilities and Purchase Cost DANIEL DEFENSE DDM4 V7 223/5.56 PATROL RIFLE equipped with an Aimpoint optic,tactical light, and sling -Cost: $2,555; quantity: 61. The DDM4 V7 AR15-style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a cold hammer forged, 16-inch barrel,the V7 has a DD improved flash suppressor to reduce flash signature. The mid- length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has adjustable back up iron sights. The independently ambi GRIP-N-RIP charging handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense buttstock and pistol grip. ii. DANIEL DEFENSE SOCOM-MK18 223/5.56 SWAT RIFLE equipped with an Aimpoint optic, tactical light and sling - Cost: $2,600; quantity: 35. The SOCOM-MK18 AR15-style firearm features a quad-rail system, cold hammer forged 10.3-inch barrel. The MK18 delivers optimal maneuverability, reliability, accuracy and terminal ballistics using a wide variety of ammunition. Its carbine length gas system provides smooth and reliable cycling under harsh conditions and reduces perceived recoil. With the quad-rail attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the MK-18 has plenty of room for sights, optics, and accessories the user may require. Pairing a 10.3-inch barrel and the quad-rail also ensures compatibility with a wide variety of muzzle devices and sound suppressors. The independently ambi GRIP-N-RIP charging handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic buttstock and pistol grip. iii. BUSHMASTER AR15 223./5.56 PATROL RIFLE equipped with Trijicon ACOG sight, tactical light and sling - Cost: $2,500; quantity 26. The AR15- style firearm features the Picatinny rail cage with Bushmaster 16" barrel and mid- length gas tube system. The Picatinny rail system allows attachments of the tactical light with pressure switch, adjustable iron sights and the Trijicon ACOG 4x32 model sight system. iv. BUSHMASTER AR15 223./5.56 PATROL RIFLE equipped with iron sights and a sling, used strictly for the Ceremonial Detail. Cost: $1,000, quantity 8. The AR15 rifle is in an M4 configuration with a carry handle and fixed rifle stock. v. GEISSELE SUPER DUTY RIFLE CHF #08-392 equipped with an Aimpoint optic, tactical light, Surefire Suppressor and sling - Cost $3,400, quantity 90. Geissele SSA Triger, Bolt Carrier group — 5.56 modular rail MK16 M-LOK, Geissele A22 rifle grip. Surefire CTN Warcomp flash hider. Surefire second generation SoCom suppressor for 5.56. T1 Lower. Aimpoint Micro T-2 optic. Folding front and rear sights. vi. ACCURACY INTERNATIONAL AT308 RIFLE, cost: $4700, quantity: 6. .308 Winchester (short action) 5.8kg (12.81b) with empty magazine, no scope, 24° barrel, no muzzle brake. Fixed stock, standard adjustable cheek piece, fixed butt pad with spacers, pistol grip, flush cup spring attachment points, 20 MOA STANAG 4694/Mil Std 1913 action rail, double chamber standard muzzle brake. vii. REMINGTON 700 COMPACT TACTICAL RIFLE.308—Cost: $2,000;quantity: 1. Remington's Model 700 Compact Tactical Rifle features a 416 stainless steel-barreled action with externally adjustable trigger. viii.WINCHESTER.223/5.56 TRAINING AMMUNITION - Cost: $437 per case of 1000;quantity: 70 cases.Winchester ammunition features a lead core 55-grain full metal, non-magnetic jacket. Non-corrosive boxer primer and new virgin brass casings can be reloaded up to seven times. ix. WINCHESTER 223./5.56 RANGER BALLISTIC SILVERTIP DUTY AMMUNITION#RA223BSTA-Cost: $852 per case of 1000; quantity 35 cases. Winchester Ranger is the highest line quality intended for law enforcement. Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and muzzle energy of 1262 feet pounds. Winchester Ranger ammo is reloadable, features new virgin brass casings and boxer primers. This ammunition is non-corrosive. x. FEDERAL TACTICAL TRU .308 168GR RIFLE ROUND- cost: $398 per case of 500; quantity: 10 cases. The tactical ballistic tip bullet's polymer tip provides excellent accuracy, while tapered jackets allow rapid, yet controlled, expansion. The ammunition utilizes low-flash propellants; the best Federal brass and crimped primers. This Federal 308 Winchester TRU ammo features brass cases, boxer primer and is non-corrosive and 100% reloadable. It features a 168 grain ballistic tip. b. Purpose To be used as precision weapons to address threats that exceed the capability of the Department's standard-issue handgun. c. Authorized Use Only members POST-certified in the use of the rifle are authorized to deploy them in the field. d. Lifespan Listed .223/5.56 caliber rifles have a 10-15 year lifespan. Listed .308 caliber rifles have a 10-15 year lifespan. Listed ammunition is good until used. e. Fiscal Impact The Department budgets approximately$110,000 annually for all Department firearms ammunition. Annual maintenance cost for 2022 was approximately $10,000. f. Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. All members that operate any rifle are required to pass a range qualification two times a year. Annual training cost for 2022 was approximately$32,500. g. Legal and Procedural Rules The Department will only utilize rifles for official law enforcement purposes,pursuant to Department Policy and State and Federal law. 11. CHEMICAL AGENT AND SMOKE CANISTERS: Canisters that contain chemical agents that are released when deployed. a. Description, Quantity. Capabilities and Purchase Cost i. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER, OC, #1030 - Cost: $43;quantity: 12.The design of the Tri-Chamber Flameless OC Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor, tactical situations to detect and/or dislodge a barricaded subject. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance,temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. ii. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082-Cost: $27; quantity: 75. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 inches by 2.35 inches and holds approximately 2.7 ounces. of active agent. iii. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE, #1032 - Cost $36; quantity: 20. 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 risk 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 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. iv. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CANISTER, CS, #1072 - Cost: $33; quantity: 15. The Spede-HeatTM CS canister is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds.The payload is discharged through four gas ports on top of the canister,three on the side, and one on the bottom. This launchable canister is 6.12 inches by 2.62 inches and holds approximately 2.9 ounces. of active agent. v. DEFENSE TECHNOLOGY, POCKET TACTICAL CANISTER, CS, #1016 - Cost: $25; quantity: 20. The Pocket Tactical CS Canister is small and lightweight. The 0.9 ounces of active agent will burn approximately 20-40 seconds. At 4.75 inches by 1.4 inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full- size tactical canister. vi. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER SAF-SMOKE GRENADE, #1033 - Cost: $35; quantity: 10. The design of the Tri-Chamber Flameless Saf-Smoke Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk 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 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. vii. DEFENSE TECHNOLOGY, MAXIMUM HC (Hexachloroethane) SMOKE, LARGE STYLE CANNISTER, #1073 - Cost: $37; quantity: 5. Designed specifically for outdoor use in crowd management situations, the Maximum Smoke Grenade is a high volume, slow burning device that deploys large quantities of grey-white colored smoke for approximately 1.5 to 2 minutes. The device should be deployed utilizing wind advantage. It can be utilized as a carrying agent(multiplier)for smaller OC, CN or CS munitions, or for concealing the movement of agency personnel. It may also be used as a distraction to focus attention away from other activities. viii. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056- Cost: $44; quantity: 10. The Defense Technology OC Vapor Aerosol Grenade is for Law Enforcement and Corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired. ix. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 6 OUNCE, #56854- Cost: $22; quantity: 10. The 6 ounce OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3% OC formulation. Ideal for area denial; areas like attics, garages, etc. This device has minimum cleanup. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum cleanup requirements. x. DEFENSE TECHNOLOGY RED SMOKE GRENADE #1067 — Cost $32; Quantity: 5. The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable colored smoke grenade is 6.0 in. by 2.35 in. and hold approximately 2.9 ox. of active agent. xi. DEFENSE TECHNOLOGY POCKET TACTICAL GRENADE (RED) #1017R; Cost $31; Quantity 10. The Pocket Tactical Saf-Smoke Grenade is small and lightweight. The Saf-Smoke will burn approximately 20-40 seconds. At 4.75 in. by 1.4 in. in size, it easily fits in most tactical pouches. This launchable grenade; however is normally used as a signaling or covering device. xii. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056 -Cost: $44; quantity: 10. The Defense Technology OC Vapor Aerosol Grenade is for Law Enforcement and Corrections use to deliver a high concentration of Oleoresin Capsicum(OC)In a powerful mist.The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired. xiii. DEFENSE TECHNOLOGY, OC AEROSOL GRENADE 1.3% FOGGER, 6 OUNCE,#56854-Cost: $22; quantity: 6.The 6 ounce OC Aerosol Grenade will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an anatomized mist which enhances the pungent 1.3% OC formulation. Ideal for area denial; areas like attics, garages, etc. This device has minimum cleanup. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum cleanup requirements. xiv.COMBINED TACTICAL SYSTEMS OC-V MK9 VAPOR #1947 Cost $54: Quantity 1. The OC Vapor System (OC-V) is a non-flammable formulation affecting one's respiratory system. The OC-V is practically invisible once it becomes airborne and generally does not require extensive area or personal decontamination. The OC-V is ideal for forcing subjects from small rooms, attics, crawl spaces, prison cells and other confined spaces. It has also been used effectively for crowd dispersal. xv. COMBINED TACTICAL SYSTEMS INDOOR 52 SERIES BAFFLED GRENADE #5201 B; Cost$66; Quantity 10. The Baffled Grenade can be used indoors with very minimal risk of fire. The 5210B delivers a very high volume of white smoke. It is an excellent indoor option when the situation requires escalation of force. xvi.COMBINED TACTICAL SYSTEMS OC VAPOR GRENADE #6340; Cost $56; Quantity 10. This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Within inches from the dispersion port, the Vapor® formulation is invisible. Hence, the psychological effect is enhanced; (2)The payload is much larger; (3)The formulation strength equates to a Level 2 OC at 0.67 MC: (4) The molecular weight of the Vapar Grenade is very low,therefore, it has a better hang time and transports through the air more efficiently than a regular fog; and, (5) The Vapor®grenades have the fit form and function of a grenade. The most advantageous of these functions is a 1.5 second delay from the M201 fuze. xvii. COMBINED TACTICAL SYSTEMS BAFFLED CANISTER GRENADE, PYRO, LOW FLAME POTENTIAL#5230B; Cost $59; Quantity 19. Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. xviii. COMBINED TACTICAL SYSTEMS, CS CANISTER GRENADE #5230. Cost $59; Quantity 8. Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents. iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals. v. Training exercises or approved demonstrations. vi. Tactical situations involving the deployment of the Department's SWAT Team. c. Authorized Use Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. d. Lifespan 5 years from manufacturing date. e. Fiscal Impact There were no annual maintenance costs for 2022. f. Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Annual training cost for 2022 was approximately $4,000. g. Legal and Procedural Rules The Department shall only utilize explosive Chemical Agent and Smoke Canisters for official law enforcement purposes, pursuant to State and Federal law. 12. EXPLOSIVE BREACHING TOOLS: Tools that are used to conduct an explosive breach. a. Description, Quantity, Capabilities and Purchase Cost i. PRIMACORD REINFORCED DETONATING CORD - Cost: $1 per foot; quantity: 2000 feet. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. ii. ORICA EXEL MS 40' SHOCK TUBE - Cost: $12 each; quantity: 40. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. ORICA EXEL MS 80' SHOCK TUBE - Cost: $22 each; quantity: 60. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high- speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iv. BLASTING CAP-Cost: $12; quantity: 100. A blasting cap is a small, sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps. v. BOOSTERS (Southwest Explosives) 18 GRAM UNCRIMPED- Cost: $8 each; quantity: 150. A high power explosive, made of a highly safe pentolite charge (a blend of TNT and PETN) for the initiation of blasting agents. Its main purpose is to provide an energetic pulse high enough to rapidly achieve an optimum velocity of detonation of the explosive. vi. DONOVAN DURASHEET PETN C-1, SHEET EXPLOSIVE - Cost $60 per pound; quantity: 20 pounds. Used in conjunction with detonating cord and blasting caps to gain entry into a fortified structure. vii. DONOVAN DURASHEET PETN C-2, SHEET EXPLOSIVE - Cost $55 per pound; quantity: 40 pounds. Used in conjunction with detonating cord and blasting caps to gain entry into a fortified structure. viii. DONOVAN DURASHEET PETN C-3, SHEET EXPLOSIVE - Cost $45 per pound; quantity: 10 pounds. Used in conjunction with detonating cord and blasting caps to gain entry into a fortified structure. ix. ROYAL ARMS RDI ROYAL DUAL INITIATOR SHOCK TUBE IGNITER, NSN# 1375-01-533-5362 - Cost: $590; quantity: 6. Mechanical initiator for explosive breaching operations. x. REMINGTON 870 BREACHING SHOTGUN w/ Royal Arms International Barrel - Cost: $500; quantity: 1. 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. 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). xi. ROYAL ARMS TESAR-SF GREEN CAP CUSTOM SOFT COPPER FRANGIBLE BREACHING ROUND 12 GAUGE-Cost: $5 per round; quantity: 25. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges. xii. ROYAL ARMS HP CUTTER 12 GAUGE PURPLE CAP SOLID STEEL HOLLOW POINT CUTTER BREACHING ROUND - Cost: $6 per round; quantity: 25. The round is fired from a breaching shotgun and is used to cut rebar, penetrate security glass, car doors and can penetrate engine blocks. b. Purpose To safely gain entry into a fortified structure. c. Authorized Use Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises. d. Lifespan Breaching Shotgun: 25 years Shock Tube: 25 years Blasting Caps: 10 years Boosters: 10 years Detonating cord: 10 years Sheet Explosive: 10 years Breaching Rounds: 5 years e. Fiscal Impact Estimated annual maintenance cost is $50. For 2022, that cost was approximately $50. f. Training All officers who use explosive breaching tools shall attend at least 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. Training costs for 2022 were approximately $1800. g. Legal and Procedural Rules The Department shall only utilize explosive breaching for official law enforcement purposes, pursuant to State and Federal law. 13. PEPPERBALL LAUNCHER: A less-lethal device that discharges irritant projectiles. a. Description, Quantity, Capabilities and Purchase Cost i. PepperBall FTC, #720-01-0002 - Cost: $589; quantity 31. The Full Tactical Carbine System (FTC) is a compressed air-powered launcher designed to fire non-lethal PepperBall projectiles.The PepperBall FTC is a gravity feed system with a hopper containing up to 180 .68 caliber projectiles at one time, which is designed for use with high-pressure air. ii. PepperBall INERT Powder Projectiles -Cost: $1 per projectile; quantity: 3000 projectiles. Inert projectiles used for training purposes. iii. PepperBall LIVE PAVA (OC) - Cost: $2.27 per projectile; quantity: 5000 projectiles. The basic PepperBall projectile, it contains 2% PAVA and is designed for direct impact and area saturation especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+feet. iv. PepperBall LIVE-X PAVA (OC) - Cost: $3 per projectile; quantity: 5000 projectiles. LIVE-X contains a concentrated amount of PAVA pepper powder. One round of LIVE-XI", contains the equivalent to 10 LIVE PepperBall rounds. This projectile is best for direct impact or area saturation. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 150 feet and an area of saturation of 390+feet. b. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to: i. Self-destructive, dangerous and/or combative individuals ii. Riot/crowd control and civil unrest incidents iii. Circumstances where a tactical advantage can be obtained iv. Potentially vicious animals v. Training exercises or approved demonstrations vi. Tactical situations involving the deployment of the Department's SWAT Team. c. Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. d. Lifespan PepperBall Launchers have a 20 year lifespan. PepperBall projectiles have a 3 year lifespan. e. Fiscal Impact Estimated annual maintenance cost is$50 for each launcher. For 2022, that cost was approximately $2000. f. Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST-certified less lethal and chemical agent instructors. Training costs for 2022 were approximately$2000. g. Legal and Procedural Rules The Department shall only utilize PepperBall launchers for official law enforcement purposes, pursuant to State and Federal law. Policy Huntington Beach Police Department 300 Huntington Beach PD Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286). In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Energy Device policies. Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a). Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)). Force-The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained. Serious bodily injury - A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code § 243(f)(4)). Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a). 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-1 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force. When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)). 300.2.2 FAIR AND UNBIASED USE OF FORCE Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional guidance. 300.2.3 DUTY TO REPORT EXCESSIVE FORCE Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)). As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.2.4 FAILURE TO INTERCEDE An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)). 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a). The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-2 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)). It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force,a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to: (a) The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a). (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a). (c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The conduct of the involved officer leading up to the use of force(Penal Code§835a). (e) The effects of suspected drugs or alcohol. (f) The individual's apparent mental state or capacity (Penal Code § 835a). (g) The individual's apparent ability to understand and comply with officer commands (Penal Code § 835a). (h) Proximity of weapons or dangerous improvised devices. Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-3 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force (i) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (j) The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a). (k) Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used. (I) Training and experience of the officer. (m) Potential for injury to officers, suspects, bystanders, and others. (n) Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (o) The risk and reasonably foreseeable consequences of escape. (p) The apparent need for immediate control of the subject or a prompt resolution of the situation. (q) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (r) Prior contacts with the subject or awareness of any propensity for violence. (s) Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given the level of resistance. (b) Whether the person can comply with the direction or orders of the officer. (c) Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.4 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD Officers of this department are not authorized to use a carotid restraint hold. A carotid restraint means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person's neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person (Government Code § 7286.5). Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-4 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force 300.3.5 ALTERNATIVE TACTICS - DE-ESCALATION As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force: (a) Summoning additional resources that are able to respond in a reasonably timely manner. (b) Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. (c) Employing other tactics that do not unreasonably increase officer jeopardy. In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to: (a) Attempts to de-escalate a situation. (b) If reasonably available, the use of crisis intervention techniques by properly trained personnel. 300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD Officers of this department are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person's trachea or windpipe (Government Code § 7286.5). 300.3.7 ADDITIONAL RESTRICTIONS Terms such as"positional asphyxia,""restraint asphyxia,"and"excited delirium"continue to remain the subject of debate among experts and medical professionals, are not universally recognized medical conditions, and frequently involve other collateral or controlling factors such as narcotics or alcohol influence, or pre-existing medical conditions.While it is impractical to restrict an officer's use of reasonable control methods when attempting to restrain a combative individual, officers are not authorized to use any restraint or transportation method which might unreasonably impair an individual's breathing or respiratory capacity for a period beyond the point when the individual has been adequately and safely controlled. Once controlled,the individual should be placed into a recovery position(e.g.,supine or seated)and monitored for signs of medical distress(Government Code § 7286.5). 300.4 DEADLY FORCE APPLICATIONS Where feasible,the officer shall, prior to the use of deadly force, make reasonable efforts to identify him/herself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code 835a). If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use other reasonably available resources and Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-5 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force techniques when determining whether to use deadly force. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)). The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a): (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person. (b) An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Officers shall not use deadly force against a person based on the danger that person poses to him/ herself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a). An "imminent" threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability,opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a). 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and may involve additional considerations and risks. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others (Government Code § 7286(b)). Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.4.2 DISPLAYING OF FIREARMS Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)): (a) If the officer does not initially perceive a threat but reasonably believes that the potential for such threat exists, firearms should generally be kept in the low-ready or other position not directed toward an individual. Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-6 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force (b) If the officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed encounter), firearms may be directed toward such threat until the officer no longer perceives such threat. Once it is reasonably safe to do so, officers should carefully secure all firearms. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation. 300.5.1 NOTIFICATION TO SUPERVISORS Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13): (a) The application caused a visible injury. (b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) Any application of a conducted energy device or control device. • (f) Any application of a restraint device other than handcuffs, shackles, or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked. (i) An individual alleges unreasonable force was used or that any of the above has occurred. As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.5.2 WATCH COMMANDER RESPONSIBILITY When an officer is involved in a reportable use of force incident the Watch Commander shall do the following: (a) Examine the suspect if booked at the Huntington Beach Jail if possible when significant reportable use of force is used (b) Ensure a Supervisor responds and evaluates the circumstances surrounding the incident, and follows the appropriate procedures (c) Review the Use of Force Report and other applicable police reports Copyright Lexipol,LLC 2023/05/02,At Rights Reserved. Use of Force-7 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force (d) Identify any training issues and/or recommend corrective measures in situations where actions, or failure to act would not normally rise to the level of misconduct 300.5.3 TRAINING UNIT RESPONSIBILITY The Training Unit supervisor shall be responsible for maintaining a filing system for Use of Force Reports and shall review each report to identify potential trends or training issues. Reports shall be kept for a minimum of five years, or until the disposition of all related legal actions. 300.5.4 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Bureau Policy. 300.6 MEDICAL CONSIDERATIONS Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)). Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress,who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available,the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. See the Medical Aid and Response Policy for additional guidelines. Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-8 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force 300.7 SUPERVISOR RESPONSIBILITY A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)): (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated. (c) When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply: 1. The content of the interview should not be summarized or included in any related criminal charges. 2. The fact that a recorded interview was conducted should be documented in a property or other report. 3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e) Identify any witnesses not already included in related reports. (f) Review and approve all related reports. (g) Determine if there is any indication that the subject may pursue civil litigation. 1. If there is an indication of potential civil litigation,the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. It is recognized, in crowd control and riotous situations, slight digression from this procedure is acceptable. 300.7.1 WATCH COMMANDER RESPONSIBILITY The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy. Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force-9 Published with permission by Huntington Beach Police Department Huntington Beach Police Department Huntington Beach PD Policy Manual Use of Force 300.8 USE OF FORCE ANALYSIS At least annually, the Administrative Operations Bureau Training Unit Sergeant should review all use of force incidents. This review is to identify: (a) Any trends in the use of force by members. (b) Training needs and recommendations. (c) Equipment needs and recommendations. (d) Policy revision recommendations. Any trends or department recommendations identified by the Training Unit should be submitted, through the chain of command, to the Chief of Police for review in memo form. The memo should not contain the names of officers, suspect or case numbers. 300.9 USE OF FORCE COMPLAINTS The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)). • 300.10 POLICY REVIEW The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)). 300.11 POLICY AVAILABILITY The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)). 300.12 PUBLIC RECORDS REQUESTS Requests for public records involving an officer's personnel records shall be processed in accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)). Copyright Lexipol,LLC 2023/05/02,All Rights Reserved. Use of Force- 10 Published with permission by Huntington Beach Police Department Switzer, Donna From: Fikes, Cathy Sent: Monday,June 5, 2023 4:49 PM To: Switzer, Donna Subject: FW: SWAT Deployment by HBPD for Air Show From:Cathey Ryder<the4ryders@gmail.com> Sent: Monday,June 5, 2023 2:23 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject:SWAT Deployment by HBPD for Air Show Wow! 15 SWAT Deployments that required the use of military equipment for one city event. Thought the Air Show was a family friendly, safe event. What was the cost to the city for these 15 SWAT Deployments? Can someone please explain? SUPPLEMENTAL COMMUNICATION Meeting fate: Co / ZS Agenda Item NO.' / q 34 3.fl/O1/22 Robot 35 ic /01122 Rifle 36 10/01/22 40MM 37 10/01/22 Pepperl?all : 38: . 10/0.2/22 UAS 39 ic /02/22 Robot 40 10/02/22 Rifle 15 07/15/22 UAS 16 07/16/22 Mobile Command P 17 07/18/22 UAS 18 07/19/22 UAS 19 08/05/22 UAS 20 08/07/22 UAS 21 09/06/22 UAS 22 09/10/22 UAS 23 09/23/22 40MIVI 24 09/23/22 UAS 25 09123/22 UAS 26 09/23/22 27 09/24/22 _ UAS 28 09/30/22 UAS 29 09/30/22 Robot 0,6^ " 091 elk le%41.% Bob and CJ Ryder HB Homeowners and Voters since 1985 Sent from my iPhone