Healdsburg City Council
April 18, 2022

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Finds that continued administrative actions are exempt from CEQA and no further environmental review is needed.

2. Rescinds Resolution No. 139-2000.

3. Updates the established unreserved fund balance policy for the Water Fund and Wastewater Fund as follows:
a. Water Fund
i. Revise the target minimum contingency reserve to be 25% of operating expenses instead of 25% of revenue.
ii. Establish an additional $1 million capital fund reserve to cover the contingencies of major equipment failures and natural disasters. iii. Escalate the capital fund reserve target each fiscal year by the bay area consumer price index.
b. Wastewater Fund
i. Revise the target minimum contingency reserve to be 25% of operating expenses instead of 25% of revenue.
ii. Establish an additional $1 million capital fund reserve to cover the contingencies of major equipment failures and natural disasters. iii. Escalate the capital fund reserve target each fiscal year by the bay area consumer price index.

PASSED, APPROVED AND ADOPTED this 18th day of April 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
_________________________________ ____________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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Packet Pg. 262 Attachment: Water and Wastewater Resolution [Revision 1] (3563 : Reserve Policy Review and Update)

CITY OF HEALDSBURG
RESOLUTION NO XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ADOPTING A NEW RESERVE POLICY FOR

THE CITY LIGHTING AND LANDSCAPING ASSESSMENT

DISTRICT AND RESCINDING THE PREVIOUS POLICY
ADOPTED BY RESOLUTION NO. 95-2009
WHEREAS, the City Council ordered the formation of the Assessment District on November 4, 1996 to levy and collect assessments pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council annually levies and collects assessments within the Healdsburg Landscaping and Lighting Assessments District; and WHEREAS, on March 21, 2022, the City Council adopted a resolution appointing Coastland Civil Engineering as the Engineer of Work for the City of Healdsburg’s Fiscal year 2022-23 Lighting and Landscape Assessment District and directed the preparation and filing of the annual Engineer’s Report, including any changes, pursuant to Section 22620 of the California Streets and Highway Code; and
WHEREAS, in 2009, the City Council adopted Resolution No. 95-2009, which established a 75%-100% reserve target for the district; and
WHEREAS, California Street’s and Highway Code limits reserve amounts for Lighting and landscape assessment districts to estimated costs of maintenance and servicing from the beginning of the fiscal year to December 10th or whenever the City expects to receive it’s apportionment of special assessment tax collections form the county, whichever is later; and WHEREAS, based on existing law, City staff recommend updating the reserve target to be based on 50% of budgeted expenses; and
WHEREAS, the reserve level proposed is realistic and worthwhile for the purposes of providing stability of operations; and
WHEREAS, the City Council has reviewed the policy and desires to update the policy to better align with the City’s current fiscal position and budget priorities; and WHEREAS, the continued administrative actions do not constitute a project under California Environmental Quality Act (“CEQA”) guidelines and are therefore exempt from further environmental review.

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Packet Pg. 263 Attachment: LLAD Resolution (3563 : Reserve Policy Review and Update) Resolution No. -2022

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg does hereby:

1. Finds that continued administrative actions are exempt from CEQA and no further environmental review is needed.

2. Rescinds the reserve policy found in previously adopted Resolution No. 95-2009.

3. Update the established unreserved fund balance policy for the Lighting and Landscape Assessment District to be 50% of the annual operating budget.

PASSED, APPROVED AND ADOPTED this 15th day of April 2019, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers:

SO ORDERED: ATTEST:
__________________________________ ____________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk

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Packet Pg. 264 Attachment: LLAD Resolution (3563 : Reserve Policy Review and Update)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: April 18, 2022
SUBJECT: Saggio Hills Development Park Parcel Exchange
PREPARED BY: Mark Themig, Community Services Director
STRATEGIC INITIATIVE(S):

Maintain and Improve Infrastructure and Facilities
Provide Resident-Driven Community Services
RECOMMENDED ACTION(S):

Receive a report on a proposed parcel exchange associated with the Saggio Hills park project and provide direction to staff.

COMMUNITY ENGAGEMENT/OUTREACH:

Not applicable.

BACKGROUND:

The Saggio Hills Development Agreement ("DA") requires that the Developer transfer approximately 36 acres of land to the City for a new public park. This land is designated as Parcel 8 on the parcel map and is generally located between Passalacqua Road on the north and the Parkland Farms neighborhood on the south. (See Attachment “Parcel Map”) The DA also requires that the development designate a landscape maintenance and repair easement along the northwest corner of Parcel 8 to allow the Montage Resort to landscape this area as an entry corridor to the Resort. Originally the project contemplated landscaping in the easement, but the project planted vineyards. This easement is reflected in the Vineyard Access Easement and Agreement (“Vineyard Easement”) between Sonoma Luxury Resorts and Oaks & Olives, LLC. (See Attachment “Vineyard Easement”)
Finally, the Saggio Hills project provided for the creation of Parcel 7, a half-moon shaped parcel adjacent to the park land to be owned and managed by the resort as a visual asset for the resort project. (See Attachment “Parcel Map”)
Staff and the project development team are proposing a land exchange that would swap ownership of the Vineyard Easement for ownership of Parcel 7. In other words, Parcel 7 would

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be incorporated into the park and title would be transferred to the City, and the Vineyard Easement would become a separate parcel and title would be transferred to the Resort.

DISCUSSION/ANALYSIS:

Vineyard Easement
Sonoma Luxury Resort ("SLR") currently owns Parcel 8 (the park land) and will transfer title to the City this summer. Consistent with the requirements in the DA, SLR, with the acknowledgement and consent of the City, granted the approximately 2.25-acre Vineyard Easement over a portion of Parcel 8 to Oaks and Olives LLC (owners of the Montage Resort, also known as "Sunstone") for the purposes of operating a vineyard in the easement area. The City worked closely with SLR to ensure the easement did not impede the City’s ability to develop and operate the park.

Parcel 7
Oaks and Olives is fee owner of approximately 3.36 acres referred to as Parcel 7 on the final map and in the DA. SLR originally contemplated planting landscaping and/or vineyards on Parcel 7.

However, Oaks and Olives has indicated that they no longer intend to plant in this area.

The alignment of the planned multi-purpose trail through Parcel 7 requires a trail easement over Parcel 7. In addition, the location and configuration of Parcel 7 requires that the owner work closely with the City on fire fuels abatement and natural resource management needed in this area.

Proposed Land Exchange
Staff and representatives from Oaks and Olives have been discussing the ownership status of the Vineyard Easement and Parcel 7. Both parties have come to consensus that transferring ownership of Parcel 7 to the City in exchange for the fee ownership of the area subject to the Vineyard Easement would be mutually beneficial.

Transferring ownership of Parcel 7 would give the City the ability to manage this land harmonious with the adjacent park land and would eliminate the need for the creation of the Multi-Use Trail Easement and any ongoing operational conflicts that may ensue in the future between the owner (Oaks and Olive LLC) and the City and public users of the multi-use trail easement. Additionally, Oaks and Olives LLC taking ownership of the area subject to the Vineyard Easement area would not negatively affect the City’s ability to develop and operate the park (i.e. Parcel 8) as it chooses, since the function of the area currently subject to the Vineyard Easement would not change if owned in fee by Oaks and Olive. Furthermore, consolidating ownership of this area in Oaks and Olive LLC would also eliminate any ongoing operational conflicts that may ensue in the future between the owner (City) and Oaks and Olive LLC in the operation and maintenance of the Vineyard Easement.

City Council is asked to discuss the proposed land exchange and provide direction to staff. Note that the lands at issue are not currently owned by the City, but rather by Sonoma Luxury Resort (Parcel 8) and Oaks and Olive LLC (Parcel 7), and thus the contemplated land exchange would be between those two parties, with the consent of the City since the exchange affects lands to be conveyed to the City in the future. If City Council supports the land exchange, staff will prepare

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an insubstantial amendment to the DA to formalize the process for the exchange, and the properties will transfer in conjunction with the transfer of the Park property (Parcel 8) to the City this summer.

ENVIRONMENTAL STEWARDSHIP:

Not applicable.

ALTERNATIVES:

City Council could choose not to support the land exchange. If this is City Council’s preferred direction, staff would proceed with securing the multi-purpose trail easement across Parcel 7 and the Vineyard Easement would remain in place.

FISCAL IMPACT:

There is no financial requirement related to the proposed land exchange.

ENVIRONMENTAL ANALYSIS:

On January 31, 2011, the City Council certified the Final Environmental Impact Report ("EIR") for the Saggio Hills Planned Development Project (State Clearinghouse No. 2003062025) and adopted related findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. In accordance with the California Environment Quality Act (CEQA) Guidelines Section 15162, no further environmental review would be required for an insubstantial DA Amendment because (i) there are no changes involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, (ii) there are no changes with respect to the circumstances under which the project is taken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects/impacts, and (iii) there is no new information of substantial importance that was not known at the time the EIR was certified which shows (a) the project will have one or more significant effects not discussed in the EIR, (b) significant impacts/effects will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects/impacts, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects/impacts on the environment.

ATTACHMENT(S):

Parcel Map
Vineyard Easement
Parks Master Plan

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15 TH I R D STR E E T , S AN TA RO SA, CA 95401

CI VI L EN G I NE E RS UR BA N PLA NN ER S LAN D SU R V EY O R S LA N D SCAP E A RC H I TECT S

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Packet Pg. 268 Attachment: Parcel Map (3547 : Saggio Hills Development Park Parcel Exchange)

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Packet Pg. 269 Attachment: Vineyard Easement (3547 : Saggio Hills Development Park Parcel Exchange)

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Packet Pg. 270
Attachment: Parks Master Plan (3547 : Saggio Hills Development Park Parcel Exchange)

CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: April 18, 2022
SUBJECT: An ordinance adding Chapter 2.60 to the Healdsburg Municipal Code, approving a Military Equipment Use Policy for Police Services PREPARED BY: Matt Jenkins, Interim Police Chief
STRATEGIC INITIATIVE(S):

Maintain and Enhance Public Health and Safety
RECOMMENDED ACTION(S):

By motion, introduce for first reading, by title only, waiving the full reading of the text, an ordinance of the City Council of the City of Healdsburg, Adding Chapter 2.60 to the Healdsburg Municipal Code, approving a Military Equipment Use Policy for Police Services.

COMMUNITY ENGAGEMENT/OUTREACH:

Pursuant to AB 481, the proposed military use policy was made available on the City of Healdsburg Police Department at least 30 days prior to this meeting. The community was encouraged to contact the department with any questions or concerns.

BACKGROUND:

Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §§7070, et seq.) requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has now defined as “military equipment” in Government Code §7070. The Healdsburg Police Department has some equipment that qualifies as “military equipment” in inventory and engages in critical public safety activities in coordination with other local jurisdictions, which will be prohibited within 180 days unless an ordinance meeting the requirements of Government Code §7071 is adopted.

DISCUSSION/ANALYSIS:

The proposed ordinance (Attachment 1) would approve a Military Equipment Use Policy (Attachment 2) that is consistent with the Department’s current policy and meets the relevant requirements of AB 481 (Attachment 3). As required by Government Code §7071(b), the proposed policy was posted on the Department’s website on March 17, 2022. If adopted, the Police Department would be responsible for ensuring that all provisions of Government Code

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§§7071 and 7072 are met. The Council would be required by law to review the ordinance and policy at least annually and have the opportunity to renew it or make any necessary changes.

The proposed policy approves the continued use of equipment currently in the Police Department’s inventory by authorized and trained personnel, when the use is necessary to maintain safety. A list of the current inventory is attached as part of the proposed policy.

The proposed policy would also allow the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City when exigent circumstances require a swift response. The Department works closely with other local, county, state and federal law enforcement agencies on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies. In exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members. When military equipment is used under exigent circumstances, the proposed ordinance requires reporting on the use to the City Council within a specified time period.

Government Code §7071(d)(1) sets forth the findings that Council must make in order to adopt the proposed policy and ordinance. Staff believes that Council can make the required findings because:

1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of the Healdsburg Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.

2. The proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Healdsburg.

3. Prior military equipment use complied with the military equipment use policy that was in effect at the time of the use.

ALTERNATIVES:

Council could make changes to the Military Equipment Use Policy and/or ordinance or choose not to go forward with introducing the ordinance. Not introducing the Ordinance and the associated military equipment use policy would require that the Police Department to cease using any of the equipment specified in AB 481, and it would prohibit allied agencies from using the same equipment during mutual aid instances.

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FISCAL IMPACT:

There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement agencies, including in mutual aid circumstances. Maintenance costs of existing equipment is within the Department’s budget.

There will be staff time associated with compliance, annual review, reporting and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code.

ENVIRONMENTAL ANALYSIS:

Pursuant to California Public Resources Code § 21065 and the California Environmental Quality Act (“CEQA”) Guidelines § 15378, there is no possibility that this ordinance will have a significant impact on the physical environment and is not a project as defined under CEQA.

ATTACHMENT(S):

Proposed Ordinance (Attachment 1)
Proposed Military Equipment Use Policy and Inventory List (Attachment 2) Bill Text - AB-481 (Attachment 3)

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CITY OF HEALDSBURG
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEALDSBURG ADDING CHAPTER 2.60 TO THE

HEALDSBURG MUNICIPAL CODE, APPROVING A

MILITARY EQUIPMENT USE POLICY FOR POLICE

SERVICES
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, pursuant to Government Code Section 7071(a)(1), such an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and WHEREAS, the Healdsburg Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Healdsburg Police Department works closely with other local, county, state and federal law enforcement agencies within Sonoma County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, Healdsburg Police Policy 707 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and
WHEREAS, public notice has been provided in accordance with applicable law; and

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Packet Pg. 274 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.

NOW, THEREFORE, the City Council of the City of Healdsburg, California, DOES HEREBY ORDAIN as follows:

Section 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.

Section 2. The City Council finds that this ordinance and Healdsburg Police Policy 707 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 3. The Healdsburg Municipal Code is hereby amended to add Chapter 2.06 to read as follows: See Exhibit A attached hereto.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Healdsburg shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933.

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Packet Pg. 275 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

This Ordinance was introduced at a regular meeting of the Healdsburg City Council on the 18th day of April 2022, and was adopted at a regular meeting of the Healdsburg City Council on the __ day of ______, 2022, by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

ABSENT: Councilmembers:

ABSTAINING: Councilmembers
SO ORDERED: ATTEST:
_________________________________ ____________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk
Dated: ______________________________

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Packet Pg. 276 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

EXHIBIT A
Amendment to Healdsburg Municipal Code adding Chapter 2.60 ADDING A NEW CHAPTER 2.60 TO THE HEALDSBURG MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF “MILITARY EQUIPMENT” BE IT ORDAINED by the Council of the City of Healdsburg as follows:

Section 1. The Healdsburg Municipal Code Chapter 2.60 is amended to read as follows:

Chapter 2.60
“MILITARY EQUIPMENT” USE ORDINANCE
Sections:

2.60.010 Name of Ordinance

2.60.020 Definitions

2.60.030 Military Equipment Use Policy Requirement

2.60.040 Use In Exigent Circumstances

2.60.050 Reports on the Use of Military Equipment

2.60.060 Severability

2.60.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

2.60.020 Definitions
A. “Military Equipment” includes all of the following (Per Cal. Gov. Code §7070):

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

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Packet Pg. 277 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

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.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. 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. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Healdsburg.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Healdsburg Police Department.

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Packet Pg. 278 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

D. “City Council” means the governing body that is the Healdsburg City Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, 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 Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "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.

H. "Type" means each item that shares the same manufacturer model number.

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Packet Pg. 279 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

2.60.030 Military Equipment Use Policy Requirement
A. The Healdsburg Police Department shall obtain approval of the City Council, by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) 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 another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Healdsburg.

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, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Healdsburg Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Healdsburg Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

C. In seeking the approval of City Council, the Healdsburg Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

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Packet Pg. 280 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. 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 Police Department for as long as the Military Equipment is available for use.

F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

2.60.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

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Packet Pg. 281 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

2.60.050 Reports on the Use of Military Equipment.

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department 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.

C. 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.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one wellpublicized 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.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the

9.C.a
Packet Pg. 282 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Ordinance No.

Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council 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.

2.60.060 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

9.C.a
Packet Pg. 283 Attachment: Proposed Ordinance (Attachment 1) (3530 : MilitaryEquipment Use Policy) Policy
707
Healdsburg Police Department
Healdsburg PD Policy Manual
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment Use Policy - 1 Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This is further required by Healdsburg City Municipal Code Chapter

2.60 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Department - the City of Healdsburg Police Department (HPD) Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

9.C.b
Packet Pg. 284 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment Use Policy - 2 707.2 POLICY
It is the policy of the Healdsburg Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Healdsburg Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing and coordinating the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY
The list attached hereto is divided into two section:

1. Section One - lists qualifying equipment that is owned and/or utilized by the Healdsburg Police Department.

2. Section Two - lists qualifying equipment that is not owned or regularly utilized by the Healdsburg Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the departmentcollaborates and/or participates for law enforcement purposes.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is

9.C.b
Packet Pg. 285 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment Use Policy - 3 submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

The military equipment use policy, and any amendments thereto, shall be approved by the governing body in accordance with Chapter 12.8 of Division 7 of Title 1 of the Government Code, if the governing body determines all of the following (Government Code § 7071(d)(1)):
(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.

The military equipment use policy shall be reviewed and approved by the governing body at least annually through the adoption of a resolution. In the absence of such review and approval, the military equipment use policy shall expire one (1) year from the last approval date.

As part of the annual review, or from time to time as may be needed, the military equipment use policy may be amended through the adoption of a resolution by the governing body.

9.C.b
Packet Pg. 286 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment Use Policy - 4 707.6 COORDINATION WITH OTHER JURISDICTIONS
In exigent circumstances and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of the acquisition, borrowing or use to City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMPLIANCE
The Chief of Police or designee will ensure that all Department members comply with this policy. A complaint, concern, or question related to Military Equipment utilization by the Healdsburg Police Department can be made as follows:
(a) Via email to: [email protected]
(b) Via phone call to: 707-431-3377
(c) Via mail sent to Healdsburg Police Department: Attn: Military Equipment Coordinator: 238 Center St, Healdsburg, CA 95448
707.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

9.C.b
Packet Pg. 287 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Attachment: Military Equipment List
Copyright Lexipol, LLC 2022/01/04, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment - 1 Healdsburg Police Department
Military Equipment List
Section 1: Property Owned and/or Utilized by the Healdsburg Police Department

1. Unmanned Ariel Vehicles (“UAV”): unmanned, remotely piloted, powered aerial vehicle. (a) Description, quantity, capabilities, and purchase cost i. PARROT ANAFI, cost: $700, quantity: 2. A compact, foldable, light and easily deployable sUAS. Stabilized on 5 axes (2 mechanical axes and 3 electronic axes), the Sony optical sensor built into ANAFI allows clear images to be taken, despite the vibrations associated with drone flights. The x3 zoom and the 180° tilt of the camera provide a detailed view of the observed target. ii. PARROT ANAFI USA, cost: $7,000, quantity: 1. To balance the resolutions of the thermal image and visible image, and therefore benefit from information not visible in thermal, the displayed image is a fusion of the information from the two cameras. Stabilized on three axes, the optical unit of ANAFI Thermal combines an infra-red sensor to the electro-optics, making it possible to identify temperatures between -10° and +400°. Thanks to the FLIR Lepton 3.5 module, it is possible to set the absolute temperature of each pixel (b) Purpose - To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. i. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
(c) Authorized Use – Only assigned operators who have completed the required training shall be permitted to operate a sUAS during approved missions. All other applicable policies remain in effect, including, but not limited to Policy section 321 – Search and Seizure, Policy section 331 – Missing Persons, Policy section 614 – Unmanned Aerial System Operations, Policy section 406 – Vehicle Use, Policy section 424 – Special Response Team.
(d) Training - Members utilizing a unmanned ariel vehicle shall be trained in accordance with Policy section 614 and shall conform to all FAA regulations regarding remoting piloting.
(e) Lifespan

9.C.b
Packet Pg. 288 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Attachment: Military Equipment List
Copyright Lexipol, LLC 2022/01/04, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment - 2 i. Parrot Anafi - 10 years (anticipated).
ii. Parrot Anafi USA - 10 years (anticipated).
(f) Fiscal Impact - Annual maintenance is approximately $100 for each unmanned ariel vehicle.
(g) Legal and Procedural Rules - Use of an unmanned ariel vehicle is subject to requirements of the policy of the Healdsburg Police Department and in accordance with all requirements under State and Federal law.

2. 40 MM Launchers and Rounds: 40mm Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.
(a) Description, quantity, capabilities, and purchase cost i. PENN ARMS, 40MM SINGLE MULTI LAUNCHER, cost: $2,630, quantity: 6. The 40mm Single Launcher is a tactical single shot launcher that features a fixed stock and an Integrated Front Grip (IFG). It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round up to 131 feet and is authorized to be used by officers trained in its use. ii. DEFENSE TECHNOLOGY, 37MM SINGLE LAUNCHER, cost: $2,630, quantity:

1. The 37mm Single Launcher is a tactical single shot launcher that features a fixed stock and an Integrated Front Grip (IFG). It will fire standard 37mm less lethal ammunition, up to 8 inches in cartridge length.
iii. COMBINED TACTICAL SYSTEMS, 40MM SPONGE 4457, cost:
$21.00, quantity: 20. A less lethal 40mm lightweight foam projectile fired from a single 40mm launcher with a rifled barrel at 240-250 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and asfar as 100 feet from the target.
iv. COMBINED TACTICAL SYSTEMS, 40MM .60 STING BALL 4558, cost:
$25.84, quantity: 20. A less lethal 40mm lightweight foam projectile fired from a single 40mm launcher with a rifled barrel at 240-260 FPS. The 40mm 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.
v. COMBINED TACTICAL SYSTEMS, 40MM FRANGIBLE IMPACT OC
POWDER 4556, cost: $19.09, quantity: 20. A less lethal 40mm lightweight foam projectile firedfrom a single 40mm launcher with a rifled barrel at 300 FPS. The 40mm direct fire, dispersed OC irritant round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 150 feet from the target.
vi. COMBINED TACTICAL SYSTEMS, 3.7MM/40MM STING BALL 8” LONG 3559, cost: $17.46, quantity: 20. A less lethal 37mm multi-projectile impact munition fired from a single 37mm launcher with a rifled barrel at 280-325 FPS.

The 37mm sting pellet round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 feet from the target.

9.C.b
Packet Pg. 289 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Attachment: Military Equipment List
Copyright Lexipol, LLC 2022/01/04, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment - 3 vii. COMBINED TACTICAL SYSTEMS, 37MM/40MM FOAM BATON 8” LONG 3555, cost: $21.38, quantity: 20. A less lethal 37mm lightweight foam projectile fired from a single 37mm/40mm launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 50 feet from the target.
viii. COMBINED TACTICAL SYSTEMS, 37MM OC MUZZLE BLAST INDOOR AND OUTDOOR 3440, cost: $20.72, quantity: 20. A less lethal 37mm lightweight OC powder projectile firedfrom a single 37mm grenade launcher with a rifled barrel at 240-260 FPS. The 40mm Sponge Round provides accurate and effective performance when fired from the approved distance of not less than ten (10) feet and asfar as 50 feet from the target.
(b) Purpose - To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
(d) Training - Sworn members utilizing the 40mm launcher and the less lethal 40mm impact rounds shall be trained in the use of such items by attending a POST certified course by POST certified less lethal instructors.
(e) Lifespan
i. Penn Arms 40MM Multi Launcher – 25 years.
ii. Defense Technology 37MM Single Launcher- 25 years.
iii. Model 4557 Sponge- 5 years.
iv. Model 4558 Sting Ball – 5 years.
v. Model 4556 OC Powder – 5 years.
vi. Model 3559 Sting Ball – 5 years.
vii. Model 3555 Foam Baton – 5 years.
viii. Model 3440 OC Powder – 5 years.
(f) Fiscal Impact - Annual maintenance is approximately $50 for each launcher. (g) Legal and Procedural Rules - Use of the 37/40mm launcher and 37/40mm less lethal rounds are subject to requirements of Policy section 303.8 (Kinetic Energy Projectile Guidelines) and Policy section 300 (Use of Force). It is the policy of the Healdsburg Police Department to utilize the 37/40mm only for official law enforcementpurposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

9.C.b
Packet Pg. 290 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Attachment: Military Equipment List
Copyright Lexipol, LLC 2022/01/04, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment - 4

3. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge SuperSock Beanbag Round. (a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $445, quantity: 2. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers anda suspect reducing the immediacy of the threat which is a principle of de-escalation. ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND, cost: $5, quantity: 50. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS SuperSock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." TheSuper-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Authorized Use - Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved instructors.
(c) Lifespan
i. Remington 870 Less Lethal Shotgun- 25 years.
ii. Super Sock Round- No listed expiration date.
(d) Fiscal Impact - Annual maintenance is approximately $50 per shotgun. (e) Training - Sworn members utilizing the 12 gauge less lethal shotgun and bean-bag rounds shall be trained in the use of such items by attending a POST certified course by POST certified less lethal instructors.
(f) Legal and Procedural Rules - Use of the less lethal shotgun and beanbag roundsis subject to Policy 306 (Firearms), Policy 303.8 (Kinetic Energy Projectile Guidelines) and Policy 300 (Use of Force). It is the policy of the Healdsburg Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

9.C.b
Packet Pg. 291 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) Healdsburg Police Department
Healdsburg PD Policy Manual
Attachment: Military Equipment List
Copyright Lexipol, LLC 2022/01/04, All Rights Reserved.

Published with permission by Healdsburg Police Department ***DRAFT*** Military Equipment - 5 Section 2: Qualifying equipment not owned or regularly utilized by the Healdsburg Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the Healdsburg Police Department collaborates and/ or participates with for law enforcement purposes.

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, fiveton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

3. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units

4. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

5. Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.

6. Any firearm or firearm accessory that is designed to launch explosive projectiles.

7. Noise-flash diversionary devices and explosive breaching tools.

8. Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

9. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

10. Kinetic energy weapons and munitions.

9.C.b
Packet Pg. 292 Attachment: Proposed Military Equipment Use Policy and Inventory List (Attachment 2) (3530 : MilitaryEquipment Use Policy) 2/15/22, 12:13 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-2022) Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

9.C.c
Packet Pg. 293 Attachment: Bill Text - AB-481 (Attachment 3) (3530 : MilitaryEquipment Use Policy) 2/15/22, 12:13 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the 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, fiveton 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. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

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Packet Pg. 294 Attachment: Bill Text - AB-481 (Attachment 3) (3530 : MilitaryEquipment Use Policy) 2/15/22, 12:13 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (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) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body

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Packet Pg. 295 Attachment: Bill Text - AB-481 (Attachment 3) (3530 : MilitaryEquipment Use Policy) 2/15/22, 12:13 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 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 documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its 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

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Packet Pg. 296 Attachment: Bill Text - AB-481 (Attachment 3) (3530 : MilitaryEquipment Use Policy) 2/15/22, 12:13 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 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.
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. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county.
7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

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Packet Pg. 297 Attachment: Bill Text - AB-481 (Attachment 3) (3530 : MilitaryEquipment Use Policy)