Downey City Council
June 25, 2024

APPROVED BY

CITY MANAGER
ER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: SCOTT R. LOUGHNER, ACTING CHIEF OF POLICE
DATE: JUNE 25, 2024
SUBJECT: REVIEW OF ANNUAL MILITARY EQUIPMENT REPORT (2023) AND RENEWAL OF ORDINANCE 22-1484 AND MILITARY EQUIPMENT
POLICY (PURSUANT TO AB 481)

EXECUTIVE SUMMARY
Pursuant to California Assembly Bill 481, the City Council adopted Ordinance No. 22-1484 on June 28, 2022, which, in part, enacted a Military Equipment Policy [Police Department Policy 7061 that addresses the inventorying, use, and acquisition of equipment that has been designated as "Military Equipment" by the State of California.

The City Council will review and consider approving the Annual Military Equipment Report (2023) and determine whether to re -authorize funding, acquisition, and use of the Military Equipment set forth therein, Additionally, the City Council will consider renewing Ordinance No. 22-1484 and the approved Military Equipment Use Policy.

RECOMMENDATION
That the City Council:

1. Approve the Annual Military Equipment Report (2023);

2. Review Ordinance No. 22-1484 and Military Equipment Use Policy (Downey Police Department Policy 706); and,

3. Adopt Resolution No. 24-8247, a Resolution of the City Council of the City of Downey renewing Ordinance No. 22-1484 ("Military Equipment Policy Ordinance").

BACKGROUND
California Assembly Bill 481 (AB 481) went into effect on January 1, 2022 (thereby enacting California Government Code Sections 7070 — 7075), and generally requires a law enforcement agency, such as the Downey Police Department, to obtain approval from the City Council of a Military Equipment Use Policy before purchasing, using, raising

REVIEW OF ANNUAL MILITARY EQUIPMENT REPORT (2022) AND MILITARY EQUIPMENT POLICY (PURSUANT TO AB 481)
JUNE 25, 2024
PAGE 2
funds for, or acquiring military equipment (as defined by California Government Code Section 7070(c)).

On June 28, 2022, the City Council, pursuant to the requirements of California Government Code Section 7071, adopted Ordinance No. 22-1484 — which approved the Downey Police Department Military Equipment Policy and added Chapter 15 ("Military Equipment Policy") to Article II of the Downey Municipal Code.

Pursuant to California Government Code Section 7072, the Downey Police Department is required, on an annual basis, to prepare a Military Equipment Report and submit it to the City Council for review and approval. The Police Department is further required to publish the Annual Military Equipment Report on its website and to host at least one "community engagement meeting" to allow the public to ask questions and discuss the annual report.

The Annual Military Equipment Report must include, at a minimum, the following information for the immediately preceding calendar year:
a) A summary of how the military equipment was used and the purpose of its use; b) A summary of any complaints or concerns received concerning the military equipment;
c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d) 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;
e) The quantity possessed for each type of military equipment; and, f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Pursuant to California Government Code Section 7071(e) further requires the City Council to, at least annually, review any ordinance that it has adopted pursuant to AB 481 approving the funding, acquisition, or use of military equipment, and to vote on whether to renew the ordinance.

ANALYSIS
AB 481 was introduced to increase transparency and accountability for the funding, acquisition, and use of "military equipment" by State and Local law enforcement agencies.

REVIEW OF ANNUAL MILITARY EQUIPMENT REPORT (2022) AND MILITARY EQUIPMENT POLICY (PURSUANT TO AB 481)
JUNE 25, 2024
PAGE 3
Pursuant to California Government Code Sections 7071 and 7072 (as enacted by AB 481), the Downey Police Department prepared an Annual Military Equipment Report (2023) and submitted it to the City Council and posted it on the Downey Police Department's website on May 13, 2024.

The Annual Military Equipment Report (2023) adheres to all of the requirements set forth in California Government Code Section 7072 (as enacted by AB 481) — including not only an inventory of military designated equipment possessed by the Downey Police Department in 2023 and a summary of how the military equipment was used during 2023, but also the quantity of military equipment sought to be acquired by the Downey Police Department during the 2024 calendar year.

The availability of the equipment outlined in the Annual Military Equipment Report (2023) enables the Downey Police Department to minimize risk to members of the community and officers during dynamic and unfolding high -risk incidents, maintain a state of readiness through continuous training and familiarity with such equipment, and strategically fulfills its mission to protect life and property.

On May 13, 2024, the Downey Police Department also posted on its website an announcement of a public meeting to be held on June 12, 2024, at 6:30 p.m., at the Barbara J. Riley Center (7810 Quill Drive, Downey) regarding the Annual Military Equipment Report (2023). Additionally, a Notice of Public Meeting was also posted online via the Police Departments two largest social media outlets (Facebook and Instagram) inviting the general public to attend the June 12th meeting regarding Annual Military Equipment Report (2023) and the Downey Police Department's continued use and acquisition of military equipment for the 2024 calendar year.

On June 12, 2024, at 6:30 p.m., the Downey Police Department hosted the community meeting at the Barbara J. Riley Center. Although the Police Department was prepared to present a summary of the Annual Report and answer any inquiries made by members of the public, no members of the public attended the meeting.

The most recent Annual Military Equipment Report will remain posted so long as the military equipment referenced therein is still possessed and/or used by the Downey Police Department — or until superseded by the next Annual Military Equipment Report is approved by the City Council.

CITY COUNCIL PRIORITIES
Fiscal Responsibility
Quality of Life Safety & Infrastructure
Public Engagement

REVIEW OF ANNUAL MILITARY EQUIPMENT REPORT (2022) AND MILITARY EQUIPMENT POLICY (PURSUANT TO AB 481)
JUNE 25, 2024
PAGE 4

FISCAL IMPACT
There is no fiscal impact associated with the adoption of Resolution No. 24-8247, other than for the acquisition of new military equipment. The Annual Military Equipment Report (2023) outlines the fiscal impact associated with the acquisition of new military equipment — which would be funded from the annual Police Department Budget as approved by the City Council (with possible reimbursement from available grants).

ATTACHMENTS
Attachment A: Annual Military Equipment Report (2023)
Attachment B: Ordinance No. 22-1484
Attachment C Resolution No. 24-8247

DOWNEY POLICE DEPARTMENT
Annual Military Eqpiprnent Report
City of Downey
Police Department Scott R. Loughner 10911 Brookshire Ave. www.downeyca.org Chief of Police Downey, CA. 90241

DOWNEY POLICE DEPARTMENT

TABLE OF CONTENTS
TABLEOF CONTENTS................................................................................................................................. 2 EXECUTIVESUMMARY................................................................................................................................3 ASSEMBLY BILL 481 (California Government Code Sections 7070-7075).................................................. 4 INTRODUCTION........................................................................................................................................10 MILITARY EQUIPMENT INVENTORY / INTENDED ACQUISION.................................................................. 11 UNMANNED AIRCRAFT SYSTEMS(UAS)....................................................................................... 11 ARMOREDVEHICLES....................................................................................................................13 37/40 MM LAUNCHERS AND ROUNDS........................................................................................14 LESS THAN LETHAL SHOTGUN AND ROUNDS... ............................................................... -- ........ 17 FEDERAL LABORATORIES 40 MM LAUNCHING CUP....................................................................18 DISTRACTION DEVICES.................................................................................................................19 CHEMICAL AGENT AND SMOKE CANISTERS................................................................................ 20 PEPPERBALL LAUNCHER AND PROJECTILES................................................................................. 23 RIFLES........................................................................................................................................... 25 PERSONALLYOWNED RIFLES....................................................................................................... 26 MILITARY EQUIPEMENT USE SUMMARY................................................................................................. 28 COMPLAINTS REGARDING MILITARY EQUIPEMENT USEAGE / INTERNAL AUDIT.....................................38

DOWNEY POLICE DEPARTMENT

EXECUTIVE SUMMARY
On September 30, 2021, Governor Gavin Newsom signed Assembly Bill 481 ("AB 481") into law in an effort to create transparency, oversight, and accountability in the acquisition and use by local law enforcement agencies of equipment that meets the State -enacted definition of "military equipment". AB 481 went into effect on January V, 2022, adding California Government Code Sections 7070 through 7075. These codes require the Downey Police Department to obtain approval from the Downey City Council of a "Military Equipment Use Policy" and for the continued use of all military equipment that was acquired prior to January 1, 2022. Moreover, they require the Police Department to submit an Annual Military Equipment Report to the City Council thereafter detailing the following information regarding the previous calendar year:

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; and,

6. If the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

To further promote transparency to the public, AB 481 requires the approved Military Equipment Use Policy and most recent Annual Military Equipment Report to be published on the Police Department's website — and to hold at least one well -publicized and conveniently located community engagement meeting within thirty (30) days of the release of the Annual Military Equipment Report.

DOWNEY POLICE DEPARTMENT
ASSEMBLY BILL 481- MILITARY EQUIPMENT USE
(California Government Code Sections 7070-7075) —
California Government Code 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 law 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, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (S) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

DOWNEY POLICE DEPARTMENT
(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) Any 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) TaserShockwave, 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 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

DOWNEY POLICE DEPARTMENT
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 California Government Code 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 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

DOWNEY POLICE DEPARTMENT
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 whetherto 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 forapprovai 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 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.

DOWNEY POLICE DEPARTMENT
California Government Code 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 internet 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 law enforcement agency's funding, acquisition, or use of military equipment.

DOWNEY POLICE DEPARTMENT
California Government Code 7073.
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) 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,
(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 internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.

California Government Code 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.

California Government Code 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.

DOWNEY POLICE DEPARTMENT

INTRODUCTION
The Downey Police Department maintains equipment that qualifies as Military Equipment as defined by California Government Code Section 7070(c). Our mission is to enable our officers to preserve the peace and protect and serve all who live or work in, as well as those who travel through our City as outlined in the Downey Police Department's mission statement.

The department currently possesses ten different types of Military Equipment, which are deployed in accordance with the approved Military Equipment Use Policy and based upon the situational necessity to effectively de-escalate intense situations, to bring volatile conditions and critical incidents to a safe resolution, and to minimize risk to members of our community and first responders during dynamic and unfolding high -risk incidents. These essential pieces of equipment allow the Police Department to maintain a state of readiness through continuous training and equipment familiarity to fulfill our mission to protect the health, safety, and welfare of persons and property within our City.

The following constitutes an inventory of qualifying military equipment acquired and/or used by the Downey Police Department during the 2023 calendar year. The list provides the following information:
• A description of each type of military equipment, the quantity in inventory as of December 31, 2023, its capabilities and purchase cost.
• The purpose for which the Department proposes to use each type of military equipment. • The authorized use as deemed by the Department for each type of military equipment. + The expected life span of the item.
• The fiscal impact of each type of military equipment (estimated annual costs of maintaining equipment).
• The intended numberto acquire or maintain in inventory for each item of military equipment.

DOWNEY POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY INTENDED ACQUISITION 2024
Pursuant to the approved Military Equipment Use Policy and to further the Police Department's mission to protect and serve, the Downey Police Department intends on acquiring additional military equipment during the 2024 calendar year. The Downey Police Department seeks the City Council's approval to acquire and maintain up to the maximum number of each equipment as set forth hereinbelow.

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 of current UAS:
i. DJI Matrice 30T Enterprise, quantity 1, cost $19,350.10. UAS that weights approximately 3770 grams and is able to record video utilizing a wide-angle camera, up to 200x zoom camera or a thermal imaging camera. Includes: DJI RC Pius Remote Controller, batteries, and battery station. 2024 Maximum Quantity: 1
ii. DJI Mavic 2 Enterprise w/Smart controller, quantity 1, cost $3,722.20, UAS that weighs approximately 905 grams and is able to record video with approximately 31 minutes of flight time. Includes batteries, a battery charging hub, and propeller guards. 2024 Maximum Quantity: 1
iii. DJI Mavic 2 Enterprise w/Smart controller, quantity 1, cost $1,186.90. UAS that weighs approximately 905 grams and is able to record video with approximately 31 minutes of flight time. Includes propeller guards. 2024 Maximum Quantity: 1 iv. DJI Mini 2, quantity 2, cost $600.00 each. UAS that weights approximately 242 grams and is able to record video with approximately 25 minutes of flight time. Includes batteries and charging hub. 2024 Maximum Quantity: 4
V. DJI Avata Pro, quantity 2, cost $1,833,70 each. UAS that weighs approximately 405 grams and is able to record video with approximately 18 minutes of flight time. Includes batteries, charging hub, DJI goggles and DJI motion controller. 2024 Maximum Quantity: 6 vi. DJI Mavic 3T Enterprise, quantity 4, cost $6,366.34 each. UAS that weighs approximately 920 grams and is able to record video utilizing a wide-angle camera, up to 8x zoom camera or a thermal imaging camera. Includes: Remote controller, batteries, and battery charging hub. 2024 Maximum Quantity: 8
b. Purpose
L To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

DOWNEY POLICE DEPARTMENT

1. Major collision investigations.

2. Search for missing persons

3. Natural disaster management

4. Crime scene photography

5. SWAT, tactical or other public safety and life preservation missions

6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use
i. Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
L All UAS equipment, 3-5 years
e. Fiscal Equipment
i. Annual maintenance and battery replacement cost is approximately $1,000.00 f. Training
i. All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation.
g. Legal and Procedural Rules
i. Use is established under FAA Regulation 14 CFR Part 107, and the City of Downey UAS policy. It is the policy of the Downey Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

DOWNEY POLICE DEPARTMENT

2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost i. LENCO BEARCAT, quantity: 1, cost: $279,476.80. The Lenco Bearcat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. 2024 Maximum Quantity: 1
b. Purpose
i. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
i. The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. d. Lifespan
i. Lenco Bearcat, 25 years
e. Fiscal Impact
i. Annual maintenance cost of approximately $5,000.00
f. Training
L All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction
g. Legal and Procedural Rules
L It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

DOWNEY POLICE DEPARTMENT

3. 37/40 MM Launchers and Rounds: 37/40MM Launchers are utilized by department personnel as a less than lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost i. Defense Technology, LMT Tactical 40MM Single Shot Launcher, quantity: 2, cost:
$1,000. The 40MM Tactical Launcher is a tactical single shot launcher that features an expandable stock and an adjustable integrated front grip with light rail. It will fire standard 40MM less than lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less than lethal round up to 131 feet and is only authorized to be used by trained personnel. 2024 Maximum Quantity: 10
ii. PennArms Arwin, 37MM Tactical 6-Shot Launcher, quantity: 2, cost: $1,000. The 37MM 6-shot launcher is low profile and lightweight, providing multi -shot capability in an easy to carry launcher. It will launch a 37/40MM less than lethal round up to 131 feet and is only authorized to be used by trained personnel. 2024 Maximum Quantity: 2
iii. Defense Technology, 40MM Exact Impact Sponge, #6325, cost: $18, quantity:

14. A less than lethal 40MM lightweight plastic and foam projectile fired from a single or multi -round purpose built 40MM grenade launcher with a rifled barrel at 325 feet per second (FPS). The 30-gram foam projectile delivers 120 ft/Ibs. 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. 2024 Maximum Quantity: 100
iv. Defense Technology, 40MM Liquid CS Barricade Penetrator Round, cost: $23, quantity: 8. A less than lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the harrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round 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. 2024 Maximum Quantity: 10
v. Defense Technology, 40MM Direct Impact CS Crushable Foam Round', cost: $30, quantity: 38. A less than lethal 40MM lightweight crushable foam projectile fired from a single or multi -round purpose built 40MM grenade launcher with a rifled barrel at 295 FPS. The crushable foam projectile delivers 120 ft/Ibs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40MM round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. 2024 Maximum Quantity: 50
vi. Combined Systems (CTS), 40MM Foam Baton Round, cost: $30, quantity: 6. A less than lethal 40MM lightweight spin -stabilized projectile fired from a single or

DOWNEY POLICE DEPARTMENT
multi -round purpose built 40MM grenade launcher at 240-260 ft./sec. The projectile is extremely accurate and consistent, however is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. 2024 Maximum Quantity: 10
viL Defense Technology, 40MM Bean Bag Round, cost: $10, quantity: 3. A less than lethal 40MM round firing a ballistic bag filled with bagged silica sand shot at a velocity of 220 FPS. The 40MM Bean Bag Round is most suitable in moderately close to medium ranges, approximately 20 to 35 feet. 2024 Maximum Quantity:
10 viii. Sage, 37MM Impact Baton Round, K01, cost: $15, quantity: 221. A less than lethal 37MM fired from a 37MM launcher and is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile individuals. 2024 Maximum Quantity:
250
ix. Defense Technology, CS Flameless Expulsion Grenade, Model 2042, cost: $40, quantity 5. A compact, non -pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. 2024 Maximum Quantity: 10 x. Defense Technology, CS Spede Heat Grenade, Model 1072, cost: $40, quantity

15. A high volume, continuous burn expels its payload in approximately 20-40 seconds. 2024 Maximum Quantity: 20
xi. Defense Technology, Omni blast 100 flashbang, cost $35, quantity 22. A non- lethal explosive that causes confusion in its target. 2024 Maximum Quantity: 30 xii. Federal Labs, 514 CS blast dispersion grenade, cost $40, quantity 16. A non- lethal explosive that causes confusion in its target. 2024 Maximum Quantity: 20 xiii. Federal Labs, smoke grenade, cost: $18, quantity 21. A device used to confuse individuals and obscure vision. 2024 Maximum Quantity: 25 b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:

1. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.

2. The suspect has made credible threats to harm him/herself or others.

3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.

4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

DOWNEY POLICE DEPARTMENT
d. Training
h Sworn members utilizing 37/40MM less than lethal chemical agents or impact rounds are trained in their use by POST certified less than lethal and chemical agents instructors.
e. Lifespan
i. Defense Technology, LMT Tactical 40MM Single Shot Launcher— 25 years ii. Arvin, 37MM Tactical 6-Shot Launcher-25 years
iii. Defense Technology, 40MM Exact Impact Sponge, Defense Technology, 40MM Liquid CS Barricade Penetrator Round, Defense Technology, 40MM Direct Impact CS Crushable Foam Round, Combined Systems (CTS), 40MM Foam Baton Round, Defense Technology, 40MM Rubber Baton Round, Defense Technology, 40MM Bean Bag Round — 5 years
iv. Sage, 37MM Impact Baton Round, K01-- 25 years
v. Federal Labs, 37MM 560 CS Barricade Ferret Round, Federal Labs, 37MM 530 CS Barricade Ferret mound, Federal Labs, 37MM 230 CN Barricade Ferret Round, Federal Labs, 37MM Liquid CS Barricade Ferret Round —5 years. f. Fiscal Impact
i. Annual maintenance is approximately $50 for each launcher g. Legal and Procedural Rules
L It is the policy of the Downey Police Department to utilize the 40MM only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

DOWNEY POLICE DEPARTMENT

4. Less than lethal Shotgun and Rounds: Less than lethal Shotgun is used to deploy the less than lethal drag stabilized 12-gauge bean bag round.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 less than lethal shotgun, cost: $946, quantity: 21. The Remington 870 Less than lethal Shotgun is used to deploy the less than lethal 12-gauge bean bag round up to a distance of 75 feet. The range of the weapon systems helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation. 2024 Maximum Quantity: 25
ii. Defense Technology Drag Stabilized 12-gauge Bean Bag Round, cost: $5, quantity: 455. A less than lethal 2.5-inch 12-gauge shotgun round firing a cotton and ballistic material bag filled with #9 shot that is shot at a velocity of 270 FPS.

Bean Bag Rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the recommended distance of approximately 20 to 50 feet. The round utilizes four (4) stabilizing tails and utilizes smokeless powder as the propellant. 2024 Maximum Quantity:
500
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:

1. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.

2. The suspect has made credible threats to harm him/herself or others.

3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.

4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
d. Lifespan
L Remington 870 Less than lethal Shotgun — 25 years.
ii. Defense Technology Drag Stabilized 12-gauge Bean Bag round —No listed expiration date.
e. Fiscal Impact
i. Annual maintenance is approximately $50 for each shotgun f. Training
i. All officers are trained in the 12-gauge less than lethal shotgun as a less than lethal option by in-service training
g. Legal and Procedural Rules

DOWNEY POLICE DEPARTMENT
i. Use is established under DPD Policy Manual Section 303.9. It is the policy of the Downey Police Department to utilize the less than lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

S. Federal Laboratories 40MM Launching Cup: Cup that attaches to 12-gauge less than lethal shotguns which allows officers to launch canisters of chemical agents or smoke. a. Description, quantity, capabilities and purchase cost i. Federal Laboratories 40MM Launching Cup, cost: $300, quantity: 1. The launching cup is designed to launch canisters of chemical agents or smoke. The cup can be attached to virtually any 12-gauge shotgun and the munition launched with a launching cartridge. 2024 Maximum Quantity: 1 b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:

I. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.

2. The suspect has made credible threats to harm him/herself or others.

3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.

4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
d. Lifespan
i. Federal Laboratories 40MM Launching Cup —25 years
e. Fiscal Impact
i. No annual maintenance
f. Training
i. Officers utilizing the launching cup are trained by POST certified chemical agents instructors.
g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize the 40MM only for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force.

DOWNEY POLICE DEPARTMENT

6. Distraction Devices: A device used to distract dangerous persons. a. Description, quantity, capabilities, and purchase cost i. Defense Technologies, Low Roll Non-reloadable distraction device, cost: $62, quantity: 9. A non -bursting device that produces a thunderous bang with an intense bright light producing 6 — 8 million candelas. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high - risk arrest situations. 2024 Maximum Quantity: 15
b. Purpose
i. A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. To produce atmospheric over -pressure 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
i. Diversionary Devices shall only be used:

1. By officers who have been trained in their proper use.

2. In hostage and barricaded subject situations.

3. In high risk warrant (search/arrest) services where there maybe extreme hazards to officers.

4. During other high -risk situations where their use would enhance officer safety.

5. During training exercises.
d. Lifespan
i. Until used.
e. Fiscal Impact
L No annual maintenance
f. Training
i. Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
It is the policy of the Downey Police Department to utilize diversion devices only for official law enforcement purposes, in accordance with policy guidelines and pursuant to State and Federal law regarding the use of force.

DOWNEY POLICE DEPARTMENT

7. 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, Riot Control Continuous Discharge Grenade, CS, #1082, cost: $30, 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 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 grenade is 6.0 in. by 2.35 in. and holds approximately

2.7 oz. of active agent. 2024 Maximum Quantity: 80
ii. Defense Technology, Riot Control Continuous Discharge Grenade, OC, #1080, cost: $37, quantity: 25. The Riot Control OC 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. 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 grenade is 6.0 in. by 2.35 in. and holds approximately

0.88 ox. Of active agent. 2024 Maximum Quantity: 30
iii. Defense Technology, Pocket Tactical CS Grenade, #1016, cost: $30, quantity: 19.

The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 in. in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. 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 grenade. 2024 Maximu m Quantity: 30
iv. CTS CS Baffled Canister Smoke Grenade, #5230B, cost: $30, quantity, 12. The Baffled Canister Smoke Grenade is designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. it expels its payload in approximately 20-40 seconds through four emission ports and is 6.20 in. by 2.60 in. 2024 Maximum Quantity: 30 v. Defense Technology, Spede-Heat Continuous Discharge Chemical Grenade, CS, #1072, cost: $32, quantity: 21. The Spede-Heat CS Grenade is a high volume, continuous burn and it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately

2.0 oz. of active agent. 2024 Maximum Quantity: 30
vi. Defense Technology, Stinger CS Rubber Ball Grenade, #1088, cost: $32, quantity: 10. The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber

DOWNEY POLICE DEPARTMENT
pellets, light, sound, and CS. The Stinger Grenade is most widely used as a crowd management tool. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. 2024 Maximum Quantity: 30
vii. Defense Technology, Stinger Rubber Ball Grenade, #1087, cost: $30, quantity:

29. The Stinger Grenade is a maximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light and sound. The Stinger Grenade is most widely used as a crowd management tool. The Rubber Ball Blast Grenade is used to deliver 60 caliber rubber balls with the stimuli of light and sound. The Rubber Ball Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the function of the device. 2024 Maximum Quantity: 30
viii. Federal Labs, Spede-Heat #555, cost $30, quantity: 36. This is a continuous burn device and expels its payload in approximately 20-40 seconds. The launchable device is 6.12 in. by 2.62 in. and holds approximately 2.9 oz of active agent. 2024 Maximum Quantity: 40
ix. Defense Technology, Aerosol OC Vapor, #1056, Cost $30, quantity:31. The OC Vapor Aerosol Grenade is used to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. It is designed for indoor -use in confined areas such as cell extractions or barricade situations where the use of pyrotechnic, powder, or liquid devices is not practical or desired. 2024 Maximum Quantity: 40
x. Defense Technology, Triple -Chaser Separating Canister #1026, Cost: $50, Quantity: 21. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This launchable grenade is 6.5 in. by 2.7 in. and holds approximately 3.2 oz. of active agent with an approximate burn time of 20-30 seconds. 2024 Maximum Quantity: 30
A. Fed Labs, #515 CS Separating triple chaser grenade, Cost: $30, Quantity: 10.

When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. 2024 Maximum Quantity: 25
b. Purpose
I. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less than lethal weapon systems may include, but are not limited to:

1. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.

2. The suspect has made credible threats to harm him/herself or others.

3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.

DOWNEY POLICE DEPARTMENT

4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders
c. Authorized use
L Only officers who have received training in the use of chemical agents from POST certified instructors.
d. Training
L Sworn members utilizing chemical agent canisters are certified by POST less than lethal and chemical agents instructors.
e. Lifespan
L 5 years from manufacturing date
f. Fiscal Impact
i. No annual maintenance
g. Legal and Procedural Rules.

L It is the policy of the Downey Police Department to utilize chemical agents only for official law enforcement purposes, in accordance with policy, and pursuant to State and Federal law, including those regarding the use of force.

DOWNEY POLICE DEPARTMENT

8. PepperBall Launcher and Projectiles: A device that discharges irritant projectiles. a. Description, quantity, capabilities, and purchase cost i. PepperBall FTC Basic Launcher, cost: $500, quantity: 4. The FTC Basic Launcher is a compressed -air powered launcher designed to fire non -lethal PepperBall projectiles. The launcher is semi -automatic, has a firing rate of 10-12 projectiles per second and is fed by a hopper that feeds 20+ projectiles per second. 2024 Maximum Quantity: 10
ii. PepperBall Live-X Projectile, cost: $3 per projectile, quantity: 0. The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and area of saturation of 150+ ft. The projectile contains 5% PAVA powder. 2024 Maximum Quantity: 200 iii. PepperBall Inert Projectile, cost: $3 per projectile, quantity: 0. The Inert projectile contains a harmless, scented powder and is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ ft. 2024 Maximum Quantity: 200
iv. Mission Less than lethal ID Marking Projectile, cost: $1.60 per projectile, quantity: 0. This projectile contains a paint solution that can be used to mark suspects for later apprehension and/or marking doors, openings, or objects for identification. The Mission Less than lethal ID Marking Projectile is discharged from a PepperBall Launcher. 2024 Maximum Quantity: 200
v. Mission Less than lethal OC Projectile, cost: $2.57 per projectile, quantity: 375.

This projectile is discharged from a PepperBall Launcher and contains a concentrated amount of OC and PAVA powder. The projectile has a direct impact of 66ft and creates a 5-foot wide defensive cloud of chemical irritant. 2024 Maximum Quantity: 1000
vi. Mission Less than lethal Impact Projectile, cost: $0.57 per projectile, quantity:
1,000. This projectile is discharged from a PepperBall Launcher and is an advanced polymer impact round used when chemical exposure is not desired.

The projectile has a direct impact of 66ft. 2024 Maximum Quantity: 1000 b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less than lethal weapon systems may include but, are not limited to:

1. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.

2. The suspect has made credible threats to harm him/herself or others.

3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.

DOWNEY POLICE DEPARTMENT

4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders
c. Authorized Use
i. Only those officers who have been trained in the use of PepperBall Launchers are authorized to use the PepperBall Launchers.
d. Training
i. Sworn members utilizing PepperBall Launchers and projectiles are trained in their use by POST certified less than lethal and chemical agents instructors. e. Lifespan
i. PepperBall FTC Basic Launcher— 20 years
ii. PepperBall Live-X Projectile — 3 years
iii. PepperBall Inert Projectile — 3 years
iv. Mission Less than lethal ID Marking Projectile — 3 years v. Mission Less than lethal OC Projectile-3 years
vi. Mission Less than lethal Impact Projectile — 3 years f. Fiscal impact
i. Annual maintenance is approximately $50 for each PepperBall Launcher g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize PepperBall only for official law enforcement purposes, in accordance with department policy and pursuant to State and Federal law, including those regarding the use of force.

DOWNEY POLICE DEPARTMENT

9. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, capabilities and purchase cost i. Colt AR-15 M4 Carbine 5.56 Caliber Rifle, cost: $900, quantity: 29. Highly accurate and durable gas operated semi -automatic rifle which includes a 4- position collapsible stock. The magazine holds 30 rounds of ammunition and the barrel is chrome lined with a 1:7" right-hand twist. 2024 Maximum Quantity: 35 ii. Winchester Ranger .223 Caliber 55 Grain Rifle Round, cost: $448 per case of 1,000, quantity: 7500. The Winchester Ranger 223 Remington ammunition features a 55 grain pointed soft point bullet and is intended for law enforcement use. The ammunition has a muzzle velocity of 3,240 FPS, is reloadable, features brass cases and boxer primers and is non -corrosive. 2024 Maximum Quantity: 10,000
b. Purpose
i. Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:

1. Situations where the member reasonably anticipates an armed encounter.

2. When a member is faced with a situation that may require accurate and effective fire at long range.

3. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.

4. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When a member reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

7. When needed to euthanize an animal.

C. Authorized Use
L Only members that are POST certified are authorized to carry/use a rifle. d. Lifespan
i. Colt AR-15 M4 Carbine 5.56 Caliber Rifle— No expiration ii. Winchester Ranger .223 Caliber 55 Grain Rifle Round— No expiration e. Fiscal Impact
i. Annual maintenance is approximately $50 for each rifle f. Training
i. Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that carry/operate a rifle are required to pass quarterly range qualifications each year.

DOWNEY POLICE DEPARTMENT
g. Legal and Procedural Rules
i. Use is established under Downey Police Department Policy Section 306.2.5. It is the policy of the Downey Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

DOWNEY POLICE DEPARTMENT

10. Personally Owned Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, and capabilities.
i. Colt AR-15 M4 Carbine 5.56 Caliber Rifle, quantity: 11. Highly accurate and durable gas operated semi -automatic rifle which includes a 4-position collapsible stock. The magazine holds 30 rounds of ammunition and the barrel is chrome lined with a 1:7" right-hand twist.
ii. Daniel Defense DDM4 Law Enforcement Patrol Rifle, quantity: 3. Highly accurate and durable gas operated semi -automatic rifle. The magazine holds 30 rounds of ammunition and the 16" barrel is cold hammer forged with a 1:7" right hand twist.
iii. Bravo Company BCM4 5.56 Caliber Rifle, quantity: 1. Highly accurate and durable gas operated semi -automatic rifle. The magazine holds 30 rounds of ammunition and the 16" barrel is chrome lined with a 1:7" right-hand twist. b. Purpose
i. Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:

1. Situations where the member reasonably anticipates an armed encounter.

2. When a member is faced with a situation that may require accurate and effective fire at long range.

3. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.

4. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When a member reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

7. When needed to euthanize an animal.
c. Authorized Use
i. Only members that are POST certified are authorized to carry/use a rifle.

Members are also required to receive written approval from the Chief of Police or authorized designee to carry the rifle on duty after it is inspected by a Downey Police Department AR-15 armorer.
d. Lifespan
i. Colt AR-15 M4 Carbine 5.56 Caliber Rifle —No expiration e. Fiscal Impact
L No fiscal impact to Department as employee is responsible for purchase and maintenance of personally owned rifles authorized for on duty usage. These

DOWNEY POLICE DEPARTMENT
pieces of military equipment are acquired and owned by individual officers, and the Downey Police Department is not seeking authorization for the acquisition of this equipment. Any use of this type of military equipment for official duty would be with the approval of the Chief of the Downey Police Department and in accordance with the approved Military Use Policy and other Department policies.
f. Training
i. Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that carry/operate a rifle are required to pass quarterly range qualifications each year. g. Legal and Procedural Rules
The use of personally owned duty patrol rifles is established under Downey Police Department Policy Section 306.2.5. It is the policy of the Downey Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

All funding for the acquisition of the above -listed military equipment (with the exception of Personally Owned Rifles) will be provided from the annual Police Department Budget as approved by the City Council (with possible reimbursement from available grants).

DOWNEY POLICE DEPARTMENT
MILITARY EQUIPMENT USE SUMMARY 2023
This section outlines the usage of military equipment by the Downey Police Department during the 2023 calendar year. Certain items, particularly ammunition, diversionary devices, Pepper balls and chemical agents are used throughout the year on a regular basis for training to maintain proficiency. This section does not include training use and only provides data for operational use of military equipment listed within this report.

I. Unmanned Aircraft System (UAS):

The department utilized the UAS 90 times in 2023. The usage included:
• January 5, 2023
The UAS was deployed to assist with a search of an individual during a traffic stop. • January 7, 2023
The UAS was deployed to assist during a traffic collision.

January 20,2023
The UAS was deployed to assist with a search of an individual brandishing a firearm. • January 27, 2023
The UAS was deployed to assist during a search warrant service. • February 10, 2023
The UAS was deployed to assist in search of a vehicle.
• February 11, 2023
The UAS was deployed to assist the South Gate Police Department with the search of a residence in their jurisdiction.
• February 13, 2023
The UAS was deployed to assist with a search of the interior of a building. • February 17, 2023
The UAS was deployed to assist with a search of the interior of a residence. • February 18, 2023
The UAS was deployed to assist in a search of a recycling center for suspects that fled from officers.

DOWNEY POLICE DEPARTMENT
• March 17, 2023
The UAS was deployed to assist with a subject brandishing a firearm. • March 23, 2023
The UAS was deployed to assist with a search of the business during a call for service of burglary.
• March 24, 2023
The UAS was deployed to assist with an overwatch of a subject during a service call. • March 24, 2023
The UAS was deployed to assist with an overwatch of the area during a traffic stop. • March 25, 2023
The UAS was deployed to assist with a search of a subject that hiding from officers. • April 6, 2023
The UAS was deployed to assist with a traffic collision investigation. • April 8, 2023
The UAS was deployed to assist with a search of a subject during a trespass service call. • April 17, 2023
The UAS was deployed to assist with a search of a subject trespassing Carpenter Elementary. • April 25, 2023
The UAS was deployed to assist with a search of a business during a call of burglary with broken glass.
• April 27, 2023
The UAS was deployed to assist with a narcotics investigation for search warrant service. • April 27, 2023
The UAS was deployed to assist with a search for subjects during a call for a robbery. • April 28, 2023
The UAS was deployed to assist with an interior search of a residence. • May 3, 2023
The UAS was deployed to assist with a search of subjects during a service burglary call involving firearms.

DOWNEY POLICE DEPARTMENT
• May 4, 2023
The UAS was deployed to assist with an interior search of a residence during a SWAT operation.
• May 8, 2023
The UAS was deployed to assist with a search of a suspect who fled from a vehicle. • May 11, 2023
The UAS was deployed to assist with a search of a suspect during an assault with a deadly weapon investigation.
• May 17, 2023
The UAS was deployed to assist with a stolen vehicle investigation. • June 5, 2023
The UAS was deployed to assist with a property search of a trespass call for service. • June 8, 2023
The UAS was deployed to assist with a search of an individual at Downey High during an investigation of an assault with a deadly weapon and was located. • June 16, 2023
The UAS was deployed to assist with a property search during a burglary investigation. • June 17, 2023
The UAS was deployed to assist during a burglary alarm investigation. • June 19, 2023
The UAS was deployed to assist with training.
• June 19, 2023
The UAS was deployed to assist during a burglary alarm investigation. • June 21, 2023
The UAS was deployed to assist with burglary investigation. • July 5, 2023
The UAS was deployed to assist with a search of an individual brandishing a firearm. • July 10, 2023
The UAS was deployed to assist with a property search during a trespass call for service.

DOWNEY POLICE DEPARTMENT
• July 11, 2023
The UAS was deployed to assist with a property search during a trespass call for service. • July 14, 2023
The UAS was deployed to assist with a burglary investigation involving subjects who fled. • July 17, 2023
The UAS was deployed to assist with a burglary alarm investigation of residence checking the yard for subjects.
• July 19, 2023
The UAS was deployed to assist with a search for suspects who fled from a vehicle. • July 20, 2023
The UAS was deployed to assist with a fatal traffic collision. • August 1, 2023
The UAS was deployed to assist with a property search during a tali for service. • August 5, 2023
The UAS was deployed to assist to a service call regarding shots fired at the riverbed to check the area for subjects.
• August 5, 2023
The UAS was deployed to assist with a property search during a trespass call for service. + August 8, 2023
The UAS was deployed to assist with a search for suspects who fled from a vehicle. • August 9, 2023
The UAS was deployed to assist with an overwatch for a subject during a violation of a court order service call.
• August 10, 2023
The UAS was deployed to assist with a property search during a trespass call for service. • August 10, 2023
The UAS was deployed to assist to search a residence for a wanted subject.

©OWNEY POLICE DEPARTMENT
• August 11, 2023
The UAS was deployed to assist with a fatal traffic collision. • August 14, 2023
The UAS was deployed to assist a search for a subject within the interior of a residence. • August 18, 2023
The UAS was deployed to assist to overwatch an event for any disturbances. • August 21, 2023
The UAS was deployed to assist another agency with a search for a homicide victim. • August 22, 2023
The UAS was deployed to assist a business with an overwatch of unknown subjects. • August 22, 2023
The UAS was deployed to assist another agency with a burglary investigation to assist with an aerial search of the roof.
• August 26, 2023
The UAS was deployed to assist with a trespass service call regarding 2 subjects. • August 26, 2023
The UAS was deployed to assist with a trespass service call regarding 2 subjects in a school. • August 30, 2023
The UAS was deployed to assist with a narcotic investigation. • August 31, 2023
The UAS was deployed to assist a business with a burglary investigation. • September 4, 2023
The UAS was deployed to assist with mapping a fatal traffic collision. • September 5, 2023
The UAS was deployed to assist with searching for suspects who were attempting to steal a vehicle.
• September 6, 2023
The UAS was deployed to assist another agency with locating a subject on the riverbed.

DOWNEY POLICE DEPARTMENT
• September 12, 2023
The UAS was deployed to assist with mapping a fatal traffic collision. • September 12, 2023
The UAS was deployed to assist with mapping a fatal traffic collision. • September 13, 2023
The UAS was deployed to assist with mapping a fatal traffic collision. • September 17, 2023
The UAS was deployed to assist with mapping a fatal traffic collision. • September 20, 2023
The UAS was deployed to assist with a burglary investigation with forced entry of a residence.
• September 21, 2023
The UAS was deployed to assist with mapping an assault with a deadly weapon investigation.
• September 21, 2023
The UAS was deployed to assist with a search of a juvenile subject. • September 22, 2023
The UAS was deployed to assist Warren High during their carnival. • September 22, 2023
The UAS was deployed to assist with a property search during a robbery investigation. • October 8, 2023
The UAS was deployed to assist with mapping a fatal traffic collision. • October 11, 2023
The UAS was deployed to assist with mapping a discharge of a firearm investigation. • October 26, 2023
The UAS was deployed to assist in a search for a vehicle theft suspect. • October 26, 2023
The UAS was deployed to assist with a burglary alarm investigation at a business.

DOWNEY POLICE DEPARTMENT
• October 28, 2023
The UAS was deployed to assist with burglary investigation. • November 3, 2023
The UAS was deployed to assist with an aerial watch on the roof of a suicidal subject. • November 3, 2023
The UAS was deployed to assist with an overwatch to locate a suspicious subject in the area. • November 7, 2023
The UAS was deployed to assist with an overwatch of an assault of a deadly weapon subject. • November 11, 2023
The UAS was deployed to photograph the scene of a traffic collision for reconstruction. • November 11, 2023
The UAS was deployed to assist with aerial search of the roof of commercial building due to a burglary investigation.
• November 13, 2023
The UAS was deployed to assist with aerial search of the roof of commercial building due to a burglary investigation.
• November 24, 2023
The UAS was deployed to assist with overwatch of the downtown area. • November 25, 2023
The UAS was deployed to assist with a trespass service call for subjects. • November 29, 2023
The UAS was deployed to assist with a search for a runaway juvenile. • November 30, 2023
The UAS was deployed to assist with aerial search of a business rooftop for a subject. + December 9, 2023
The UAS was deployed to assist with overwatch of an investigation in search of a subject in the sewer that fled.
+ December 13, 2023
The UAS was deployed to assist with a residential burglary investigation.

DOWNEY POLICE DEPARTMENT
• December 15, 2023
The UAS was deployed to assist with suspicious activity at a car dealership. • December 22, 2023
The UAS was deployed to assist with a trespass service call for service. • December 27, 2023
The UAS was deployed to assist a with a property search during a call for service.

2. Armored Vehicles (ARV — LENCO Bearcat):

The department utilized the Armored Rescue Vehicle 6 times in 2023. The usage included:
• January 27, 2023
SWAT executed a high -risk narcotic search warrant and utilized the ARV during their response. • May 3, 2023
SWAT responding to a robbery investigation and deployed the ARV. • September 26, 2023
SWAT executed a high -risk search warrant in support with the Detective Bureau and utilized the ARV during their response.
• October 26, 2023
SWAT executed a high -risk search warrant assisting LASD detectives. The location was secured and turned over to LASD detectives.
• November 7, 2023
Patrol responded to a home invasion robbery and the suspect fled from officers and barricaded themselves inside a vehicle. SWAT responded and deployed the ARV. • November 7, 2023
SWAT responded to assist with a search of a barricaded suspect and utilized the ARV during their response.

3.37/40 MM Launchers
• The 37/40 MM Launcher was not discharged operationally during 2023.

DOWNEY POLICE DEPARTMENT

4. Less Than Lethal Shotgun:
• July 29, 2023
The less than lethal bean bag shotgun was discharged operationally and aided in detaining a burglary suspect.
• December 27, 2023
The less than lethal bean bag shotgun was discharged operationally and aided in detaining an aggravated assault suspect.

S. Federal Laboratories 40MM Launching Cup:
• The 40mm launching cup was not discharged operationally during 2023.

6. Distraction Devices (Flash Bang):
• January 27, 2023
A distraction device was deployed during a search warrant. • May 3, 2023
A distraction device was deployed during a S.W.A.T. operation involving barricaded suspect. • May 18, 2023
A distraction device was deployed during a S.W.A.T. operation involving a barricaded suspect. • October 26, 2023
A distraction device was deployed during a search warrant. • November 07, 2023
A distraction device was deployed operationally and aided in detaining a robbery suspect.

7. Chemical Agent and Smoke Canisters:
• Chemical agents and smoke canisters were not discharged operationally during 2023.

DOWNEY POLICE DEPARTMENT

8. Peoperball Launcher:

December 27, 2023
The Pepperball launcher was discharged operationally to assist with detaining an aggravated assault suspect.

9. Rifles:
• Rifles were not discharged operationally during 2023.

10. Personally Owned Rifles:
• Personally owned rifles were not discharged operationally during 2023.

COMPLAINTS REGARDING MILITARY EQUIPMENT USAGE 2023
The deployment and use of Military Equipment may raise questions or concerns for members of our community. Members of our community can contact the Downey Police Department at 562-861-0771.

Complaints regarding Military Equipment usage will be investigated by the Profession Standards Unit. To review the Personnel Com lain Poligt or to access the complaint form, click the hyperlinks. Completed complaint forms may be submitted in person to the on -duty Watch Commander or mail/E-mailed to:

Lieutenant Vince Rosario
Downey Police Department
10911 Brookshire Ave
Downey, CA 90241
E-mail: [email protected]
In 2023, the Downey Police Department did not receive any complaints regarding Military Equipment use.

INTERNAL AUDIT OF MILITARY E UIPEMNT USE 2023
The Professional Standards Sergeant for the Downey Police Department has conducted an internal audit of the acquisition and use of Military Equipment during the 2023 calendar year and has not fount) any violations of the approved Military Equipment Use Policy,

ORDINANCE NO.22-1484

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 15 ("MILITARY EQUIPMENT POLICY") TO ARTICLE II
("ADMINISTRATION`) OF THE DOWNEY MUNICIPAL CODE
WHEREAS, on September 30, 2021, Governor Gavin Newsom approved Assembly Bill 481 ("AB 481"), adding Chapter 12.8 ("Funding, Acquisition and Use of Military Equipment') to Division 7 of Title 1 of the California Government Code (commencing with Section 7070), relating to the use of military equipment by Califomia law enforcement agencies; and WHEREAS, the California Legislature and the California Governor drafted and enacted AB 481 as a :manner of providing transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment (as defined by California Government Code Section 7070(c)) is funded, acquired, and used by local law enforcement agencies (as defined by California Government Code Section 7070(b)); and WHEREAS, the Downey Police Department desires to continue using military equipment acquired priorto January 1, 2022; and
WHEREAS, the Downey Police Department intends to acquire additional items of military equipment; and
WHEREAS, AB 481 requires, amongst other obligations, that a law enforcement agency possessing and using such qualifying" equipment to prepare a publicly released, written, military equipment use policy (hereinafter, "Policy") governing, at a minimum, the following (as also set forth in California Government Code Section 7070(d)):
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;
b) ` The purpose and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment; c) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual cost of maintaining the equipment; d) The legal and procedural rules that govern each authorized use; e) 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 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; f) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of .the policy;
g) 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, and
WHEREAS, the Policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
i
Attachment B
r

ORDINANCE NO. 22-1484
PAGE 2
WHEREAS, the City Council shall only approve the Policy if it determines all of the following (in accordance with California Government Code Section 7071(d)): , a) The military.equipment is necessary because there is no reasonable alternative that can achieve the some objective of officer and civilian safety; b) The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties,
c) If purchasing military 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 Policy that was in effect at the time, or if prior uses did not comply with the accompanying 'Policy,` corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, the Downey Police department has submitted to the City Council an inventory of all military equipment acquired by the Downey Police Department prior to January 1, 2022 that it seeks to continue using; and
WHEREAS, the Downey Police Department has submitted the proposed Policy (Rowney Police Department Policy _706) to the City Council and thereafter has made those documents available on the Police Department website for at least 30 days prior to the public hearing concerning the military equipment at issue; and
WHEREAS, the Policy satisfies each of the requirements of California Government Code Section 7070(d); and
WHEREAS, the military equipment" inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the some objective of officer and civilian safety; and ,
WHEREAS, the Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and
WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use 'policy, correctiveaction has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, the City Council of the City of Downey, having received the information required under AB 481 regarding the Downey Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Policy; and
WHEREAS, the City Council recognizes the there is a need to enact the restrictions contained in this Ordinance to protect the public health, safety, and welfare; and i

"ORDINANCE NO. 22-1484
PAGE 3
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 7. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth hereinabove in the preamble of this Ordinance are true and correct, .and each such recital, fact, finding, and 'conclusion is incorporated herein by this reference.

SECTION 2. Anew Chapter 15 ("Military Equipment Policy") of Articled ("Administration") of the Downey Municipal Code is hereby added to read as follows:
"Chapter 15 - Military Equipment Policy
3020 Title
This Ordinance shall be known as the Military Equipment Policy Ordinance. 3021 Definitions
Any term used in the Military Equipment Policy Ordinance that is defined in California Government Code Section 7070 shall have the same meaning and definition as ;set forth in California Government Code Section 7070, as that Section may be amended from time to time, unless the context clearly requires otherwise:'
3022 Military' Equipment Policy
A. The City Council of the City of Downey hereby adopts a Military Equipment Policy (Downey Police Department Policy 708) which shall govern the use of military equipment by the Downey Police Department. The policy is attached to this Ordinance and incorporated herein as Exhibit A.

B. The Policy shall be made publicly available on the Police Department's website for as rlong' as the military equipment is available for use or as otherwise ordained by the City Council.

C. The Police Department shall submit an annual militaryequipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d).

D. On an annual 'basis, the City Council shall review this Ordinance and vote at a' regular City Council- meeting on whether to renew this Ordinance pursuant to Government Code ` Section 7071(e)(2).

SECTI®N 3. if any section,subsection, paragraph, sentence, clause, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of theremainingportions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

ORDINANCE NO. 22.1484
PAGE 4
SECTI N 4. The City Cleric shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVSD AND ADOPTED this 2VI day of June, 2022,
C ECO, Mayor
ATTEST;
A IA ALICIA 0 A MC
City Clark
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES) ss:

CITY OF DOWNEY )
HEREBY CERTIFY that the foregoing Ordinance No. 22-1484 was introduced at a Regular meeting of the City Council of the City of Downey held on the 24t' day of May, 2022, and adopted at a Regular meeting of the City Council of the City of Downey held on the 28t day of June, 2022, by the following vote, to wit:

AYES: Council Members: Frometa, La Plante, Trujillo, Alvarez, Mayor Pacheco NOES: Council Member: ;None.

ABSENT: - Council Member: None:

ABSTAIN: Council Member: Kane.

I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 22-1484, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on May 26, 2022, (after introduction), and on June 30, 2022, ,(after adoption, _including the vote thereon). it was also posted in the regular posting places in the City of Downey on' the same dates.
'MARIA ALICIA DUAR , CMG
City Clerk

RESOLUTION NO. 24-8247

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RENEWING ORDINANCE NO. 22-1484 ("MILITARY EQUIPMENT POLICY ORDINANCE") WHEREAS, on September 30, 2021, Governor Gavin Newsom approved Assembly Bill 481 ("AB 481"), adding Chapter 12.8 ("Funding, Acquisition and Use of Military Equipment") to Division 7 of Title 1 of the California Government Code (commencing with Section 7070), relating to the use of military equipment by California law enforcement agencies; and,
WHEREAS, the California Legislature and the California Governor drafted and enacted AB 481 as a manner of providing transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment (as defined by California Government Code Section 7070(c)) is funded, acquired, and used by local law enforcement agencies (as defined by California Government Code Section 7070(b)); and,
WHEREAS, on June 28, 2022, the City Council, pursuant to the requirements of California Government Code Section 7071, adopted Ordinance No. 22-1484 ("Military Equipment Policy Ordinance"), approving the "Downey Police Department Military Equipment Policy" (hereinafter, "Policy") and adding Chapter 15 ("Military Equipment Policy") to Article li of the Downey Municipal Code; and, WHEREAS, pursuant to California Government Code Section 7071(e)(1), the City Council must review an ordinance approving funding, acquisition or use of military equipment at least annually, and vote on whether to renew the ordinance; and, WHEREAS, upon approval of a military equipment use policy, AB 481 (and specifically, California Government Code Section 7072) requires local law enforcement to submit to the City Council an Annual Military Equipment Report (hereinafter, "Annual Report") for as long as the military equipment is made available for use; and, WHEREAS, the Annual Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment (as set forth in California Government Code Section 7072(a)):
a) A summary of how the military equipment was used and the purpose of its use; b) A summary of any complaints or concerns received concerning the military equipment;
c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d) 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;
e) The quantity possessed for each type of military equipment; and,

RESOLUTION NO. 24-8247
PAGE 2
f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

WHEREAS, pursuant to California Government Code Section 7071(e)(2), the City Council shall determine, based on the Annual Report, whether each type of military equipment identified in the Annual Report has complied with the following standards for the approval of the original Policy (as set forth in California Government Code Section 7071(d)):
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 Policy will safeguard the public's welfare, safety, civil rights, and civil liberties;
c) If purchasing military 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 Policy that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and,
WHEREAS, the Downey Police Department submitted "Annual Report (2022)" to the City Council on May 15, 2024; and, on May 15, 2024, Annual Report (2023) was made available to the public on the Police Department website; and, WHEREAS, on May 15, 2024, the Downey Police Department posted an announcement on the Police Department's website and two largest social media outlets (Facebook and Instagram) that invited the public to a community engagement meeting to be held on June 12, 2024, at 6:30 p.m., regarding Annual Military Equipment Report (2023) and the Police Department's intended continued use and acquisition of military equipment for the 2024 calendar year; and,
WHEREAS, on June 12, 2024, at 6:30 p.m., the Downey Police Department held a well -publicized and conveniently located community engagement meeting ("Military Equipment Townhall Meeting"), at which the general public was able to discuss and ask questions regarding the Annual Report and the Police Department's funding, acquisition, or use of military equipment; and,
WHEREAS, having received, reviewed, and considered Annual Report (2023), the City Council of the City of Downey has determined that Annual Report (2023) satisfies each of the requirements of California Government Code Section 7072(a); and, WHEREAS, based upon Annual Report (2023), the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and,

RESOLUTION NO.24-8247
PAGE 3
WHEREAS, based upon Annual Report (2023), the Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and, WHEREAS, based upon Annual Report (2023), any equipment sought to be purchased is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, WHEREAS, prior military equipment use complied with the Police 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,
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth hereinabove in the preamble of this Resolution are true and correct, and each such recital, fact, finding, and conclusion is incorporated herein by this reference.

SECTION 2. Renewal. The City Council acknowledges receipt of and hereby approves Annual Military Equipment Report (2023) — including the intended acquisition of Military Equipment for the 2024 calendar year [as set forth in Exhibit A], and based thereon, hereby renews Ordinance No. 22-1484 ("Military Equipment Use Policy").

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this day of , 2024.

MARIO TRUJILLO, Mayor
ATTEST:

MARIA ALICIA DUARTE, CMC
City Clerk

RESOLUTION NO.24-8247
PAGE 4

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF DOWNEY )
HEREBY CERTIFY that the foregoing Resolution was adopted at a Regular Meeting of the City Council of the City of Downey held on the day of 2024, by the following vote, to wit:

AYES:

Council Members:

NOES:

Council Member:

ABSENT:

Council Member:

ABSTAIN:

Council Member:

MARIA ALICIA DUARTE, CIVIC
City Clerk