Agenda packet — Menifee City Council, June 19, 2024 (part 9 of 9)

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Items acquired in 2023 by the MPD included the replenishment of chemical agents and purchase of six new pepper-ball launchers. There are no anticipated acquisitions for the calendar year 2024.

Per the guidelines of AB481 and based on the annual Report, the Policy and Ordinance is subject to an annual review by the City Council to determine whether the standards set forth have been met. The City Council shall determine, based on the attached Report, whether the use of each type of military equipment identified continues to meet the criteria for approval set forth below.

Ordinance Section 11.50.030(A)(2)(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 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 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.

Finally, per AB481 the Policy has been available for public review on the MPD’s website for the past year. The Report was added to the Department’s website and made available for public review on April 15, 2024. These documents are included in this staff report as attachments.

The Report presented for City Council’s review, meets the requirements of AB481 and the corresponding Ordinance. The Report allows the Department to discuss the previous year’s use, acquisition, costs, internal audits, complaints, and itemized military equipment reporting. This Report also reaffirms the MPD’s commitment to transparency with our community and governing bodies.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The purchase and ongoing costs associated with the equipment are summarized in the attached Report.

ATTACHMENTS

1. Menifee Police Department Military Equipment Use Report

2. Policy No. 706 – Military Equipment

3. Ordinance 2022-339 – Use of Military Equipment
Item Title: 12.3
Annual Military Equipment Use Report
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City of Menifee Staff Report
Menifee Police Department’s Annual Military Equipment Use Report June 19, 2024

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MENIFEE POLICE DEPARTMENT

Military Equipment Use Report - 2023
Assembly Bill 481

(California Government Code § 7072; Menifee Ordinance No. 2022-339)

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Annual Military Equipment Use Report
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TABLE OF CONTENTS
Definitions 3
Preface 5
Executive Summary 5
Reporting Requirements 6
Summary of Military Equipment 8
Unmanned Aircraft Systems (UAS/Drones) 8
Unmanned Remotely Piloted, Powered Ground Vehicles 9
Armored Vehicles 9
Semi-Automatic Rifles 10
Bolt-Action Rifles 12
Diversionary Devices 13
Chemical Agents 13
Projectile Launchers 14
Appendix A - Military Equipment Quantities 17
Appendix B - Military Equipment Fiscal Impacts 19
Appendix C - Allied Agency / Mutual Aid Military Equipment 22 Item Title: 12.3
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DEFINITIONS
Per Assembly Bill 481 ( AB 481), the following definitions apply only to the department's current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.) “Governing body”: Menifee City Council and mayor.
“Military equipment” or “Specialized equipment”:

1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the department’s inventory of Unmanned Aerial Systems (UAS) and robots.

2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. This definition applies to the department’s Lenco Bearcat.

3. 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 definition.

4. 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 sworn members. This definition applies to the department’s inventory of rifle/pistol-caliber carbines and sniper rifles.

5. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. This definition applies to the department’s inventory of flashbangs. Additionally, this definition applies to the department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Team. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog.

6. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag”, rubber bullet, and specialty impact munition (SIM) weapons. This definition applies to all the Department’s inventory of 40 mm projectile launchers, pepper ball launchers and less lethal shotguns.

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7. “Military equipment” or “Specialized equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
“Military equipment use policy” refers to Menifee Police Department Policy 70 6 which requires a publicly released, written document governing the use of military equipment by the department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment/specialized equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military/specialized equipment.

2. The purposes and authorized uses for which the department proposes to use each type of military/specialized equipment.

3. The fiscal impact of each type of military/specialized 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 sworn member is allowed to use each specific type of military/specialized equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military/specialized equipment use policy.

6. The mechanisms to ensure compliance with the military/specialized 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. 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/specialized equipment, and how the department will ensure that each complaint, concern, or question receives a response in a timely manner.

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Annual Military Equipment Use Report
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PREFACE
The Menifee Police Department retains and utilizes a wide variety of equipment that falls under the definition of AB 481. This equipment is used to assist the Menifee Police Department in its ultimate mission which is the preservation of life.

The Menifee Police Department recognizes critical incidents are unpredictable and dynamic in nature. The retention of this equipment alone does not warrant its use for every incident. The equipment listed in this report assists with the safe and swift resolution of these incidents.

Policy and procedure dictate when the equipment may be deployed in the field, how it may be used, and which officers are authorized to use it. However, not all situations can be predicted. The need for the incident commander, on -scene supervisor, or officers to deploy and utilize the equipment in a manner not outlined within policy or procedure may be necessary for the preservation of life in a rapidly evolving incident.

Further, incident commanders, supervisors, officers, and specific specialized units can authorize the use of equipment for each specific incident based on the totality of the circumstances.

EXECUTIVE SUMMARY
On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of the applicable governing body by adoption of a military equipment use policy. The department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill allows 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 ordinance is subject to an annual City Council review to determine whether, based on an annual military equipment report, the standards outlined in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.

Finally, the bill requires the publication of the military equipment use procedure and the annual military/specialized equipment report on the department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.

Military equipment use was recorded by the Menifee Police Department for this report from January 1, 2023, to December 31, 2023, in compliance with the passage of AB 481 and corresponding Menifee City ordinance 2022-339.

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Annual Military Equipment Use Report
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REPORTING REQUIREMENTS
Government Code § 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy according 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/specialized 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 informatio n 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/specialized equipment.
(3) The results of any internal audits, any information about violations of the military/specialized 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/ 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 according 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.

In addition to maintaining the highest levels of public safety, the Menifee Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the department has authored the following 2023 Item Title: 12.3
Annual Military Equipment Use Report
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Annual Military Equipment Report in accordance with annual reporting requirements outlined in AB 481 and Government Code 7072:

Summary of Use and Purpose of Use per Government Code § 7072(a)(1):

Certain military equipment described in the included Summary of Military Equipment List was deployed in a variety of incidents and calls for service during this reporting period.

On occasion, multiple pieces of military equipment were deployed during the same incident. One example of this includes the execution of a search warrant of a large rural property suspected of cultivating large quantitates of marijuana in violation of state law.

During this incident a drone was deployed to provide a visual overwatch and assist with a search of the property. An armored vehicle was used to provide protective cover for officers in the event property occupants utilized force to protect their illegal operations.

Officers were equipped with semi-automatic rifles which were deployed during this high- risk operation. Officers made multiple attempts to contact the occupants of the buildings using a public announcement system. When they received no response, a flash bang device was deployed. The use of this device proved effective, and the occupants of the dwellings exited the structures and surrendered themselves to officers thus preventing the need to use force to effect any arrests.

Other incidents during this reporting period included the deployment of Pepper Ball systems during the contact with a suicidal subject armed with a knife. The subject was attempting to have officers use lethal force against him. Pepper Balls were used to incapacitate the subject long enough for officers to safely take him into protective custody and provide him with the mental health he needed. In one incident, 40 MM sponge rounds were used against a violent subject who was threatening harm against family members. During the contact, officers deployed 40 MM sponge rounds which assisted in the resolution of the incident and resulted in maintaining the safety of the victims and the officers.

Summary of Complaints per Government Code § 7072(a)(2):

The department received no complaints regarding the use of military equipment during this reporting period.

Summary of Internal Audits or Policy Violations per Government Code § 7072(a)(3):

No policy violations were noted related to military/specialized equipment deployment internally or by citizen complaint.

Summary of Annual Cost of Military Equipment per Government Code § 7072(a)(4):

Refer to Appendix B
Quantity Possessed per Government Code § 7072(a)(5):

Refer to Appendix A
Equipment Acquisition per Government Code § 7072(a)(6):

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During Calendar Year 2023, the Menifee police department acquired (6) Pepper Ball "TAC- SA-PRO" launchers and associated projectiles. The department previously possessed (78) Smith & Wesson M7P Semi-automatic rifles. These rifles are no longer in the department’s inventory as they were traded in for credit with the firearms distributer to purchase the FN America FN-15 rifles. During the 2023 calendar year, the department replenished its supply of smoke devices due to the expiration of devices or their use during training. The department does not have any expected equipment acquisitions for Calendar Year 2024

SUMMARY OF MILITARY EQUIPMENT
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, less lethal impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including, but not limited to, operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Menifee Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officia ls in compliance with the law. The department strives to provide the most accurate military equipment inventory and information at the time of this report’s publication.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Menifee Police Department: (*NOTE: The manufacturer descriptions contained within are referenced via publicly accessible website source citations. The website source citations utilized in this report are for military equipment descriptive purposes only and are not an endorsement by the Menifee Police Department of a particular product or vendor.)

1. Unmanned Aircraft Systems (UAS/Drones)- CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: DJI Mavic 2 Enterprise, 4 owned.

Lifespan: Approximately 5 years
Purpose/Capabilities/Description:
o Search and locate reported missing children or at-risk adults. o Search and rescue operations to locate lost or injured hikers. o A law enforcement specific application involving Aerial drones are used for open terrain or large field searches as a force -multiplier to assist in high -risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool t o locate suspects barricaded inside a residence or commercial structure.
o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement. o Gain visual/audio data and remotely clear buildings and structure.

Fiscal Impacts: The initial costs of equipment, licensing, software and training were approximately $40,000. Ongoing cost associated with remotely piloted aircraft/ground vehicles and maintenance is estimated to be approximately $5,000 Item Title: 12.3
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per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operator s and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning im aging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

2. Unmanned, remotely piloted, powered ground vehicles- CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: 510 Packbot-Fastac, 1 owned.

Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o Deliver Crisis Negotiation Phone, open doors, disrupt packages. o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/audio data and remotely clear buildings and structure. o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement.

Fiscal Impacts: None. Equipment obtained free of cost via the 10 -33 federal program. Ongoing cost associated with the operation of remotely piloted, powered ground vehicles and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations.

Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

3. Armored vehicles with breaching or entry apparatus attachable - CA Gov’t Code §7070(c)(2)
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Quantity Owned/Sought: LENCO BEAR-CAT, 1 owned.

Lifespan: Approximately 25 years

Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Truck (BEAR- CAT). The BEAR-CAT, or rescue vehicles, are primarily used during high -risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots.

Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
o Rescue vehicle for on -campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in flood s, fires, or other natural disasters.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety.
o BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high-risk incidents, to include active shooter incidents on school grounds or buildings.

Fiscal Impacts: Initial cost $2 38,000. Annual maintenance cost approximately $2,000.

Legal/Procedural Rules Governing Use : Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles. The officers are trained in vehicle operation, equipment use, and driving.

4. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(9) - defined under PC 30510 & PC 30515 & PC 33215
Quantity Owned/Sought: Daniel Defense DDM4 V7, 10 owned.

Lifespan: Approximately 15 years with lifetime warranty.

Purpose/Capabilities/Description:
o The Daniel Defense Short Barrel Rifle - DDM4 V7 is a semiautomatic rifle can fire a 5.56mm projectile bullet.
o Inventory includes AR -15 style rifles that function at semi -automatic and full - auto capability.
o Inventory includes AR -15 attachment as SOCOM556 -RC2 Suppressor (10 owned).
o Accuracy and precision at short and mid-range distance to address a threat, if present and feasible.

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o Currently used by most law enforcement agencies - Special Weapons and Tactics teams across the nation.
o SWAT Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of DDM4 V7 / AR-15 style rifles are approximately $2,475.00 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24- hour patrol rifle course as well as regular department SWAT training/academy, firearms training, and qualifications as required by law and policy.

5. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(9) - defined under PC 30510 & PC 30515
Quantity Owned/Sought: FN America FN-15 SRP G2, 94 owned.

Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o The FN America FN -15 SRP G2 semiautomatic rifle can fire a 5.56mm projectile bullet.
o Inventory includes M16 style rifles that function at semi-automatic capability. o Increased accuracy and precision at long-range distance to address a threat, if present and feasible.
o Currently used by many law enforcement agencies across the nation. o Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of the FN America FN -15 SRP G2 rifle is approximately $ 930 each. The ongoing costs for ammunition will vary and maintenance is conducted by department staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16- hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

6. Bolt Action Rifles - CA Gov’t Code §707 0(c)(9) - defined under PC 30510 & PC Item Title: 12.3
Annual Military Equipment Use Report
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30515& PC 33215
Quantity Owned/Sought: Remington Model 700, 1 owned.

Lifespan: Approximately 10 years, but it will depend on usage.

Purpose/Capabilities/Description:
o The Remington Model 700 is a bolt -action rifle which fires a .308cal projectile bullet.
o Inventory includes accompanying gear – Leupold magnified optic (1 owned). o Accuracy and precision at mid to long -range distance to address a threat, if present and feasible.
o Currently used by many law enforcement agencies - Special Weapons and Tactics teams across the nation.
o Specifically trained SWAT Officers may deploy the bolt -action rifle in any circumstance where the officer can articulate a reasonable expectation that a precision rifle may be needed.

Fiscal Impacts: The initial cost of the Remington Model 700 rifle is approximately $628.00. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a long-distance precision rifle course , as well as regular department SWAT training/academy, firearms training, and qualifications as required by law and policy.

7. Diversionary Devices - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: DEFTECH Low Roll, 30 owned.

Lifespan: 5 years

Purpose/Capabilities/Description:
o Light Sound Diversionary Device (LSDD - “Flashbangs”) are used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to law enforcement personnel and community.
o The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of structures. o Provides a humane fright to aggressive dogs that pose a threat to law enforcement personnel.

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Annual Military Equipment Use Report
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o A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Fiscal Impact: Initial cost per item $68.00. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Menifee Police Department Policy is to utilize diversionary devices only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: The Southwest Cities SWAT Team provides internal training by POST certified instructors for staff members prior to allowing them to use any of these items.

8. Chemical Agents and Smoke canisters - CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: DEFTECH OC & Smoke Canisters, 345 owned

Lifespan: 5 years

Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are 40mm caliber, shotgun ferret rounds or canister shotgun launched ordinance. Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards. o May be used for dangerous and/or combative subjects, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage may be gained, potentially viscous animals, training exercises or approved demonstrations, circumstances where a tactical advantage can be obtained.

Fiscal Impact: Initial cost per item $50. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Menifee Police Department policy is to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: Southwest Cities SWAT team less than lethal and chemical agent instructors, provide internal POST certified training for staff members prior to allowing them to utilize chemical agent canisters.

9. 40mm Less Than Lethal Launchers and Kinetic Energy Munition - CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: Defense Technology 40mm LMTS single launcher, 7 owned.

Item Title: 12.3
Annual Military Equipment Use Report
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Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o The 40mm less than l ethal Launchers and Kinetic Energy Munitions are intended for use as a less than lethal use of force option. o Less than lethal 40mm launchers and rubber projectile munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed.
o 40mm less than lethal launchers have been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public.
o 40mm less than lethal launchers are light weight, versatile and used worldwide by police and corrections officers.
o The 40MM launcher family of products is available in single -shot, spring - advance multi, and pump-advance multi-versions.

Fiscal Impacts: The initial cost of each 40mm launcher was $1,200. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: Menifee Police Department policy is to utilize less than lethal launchers and kinetic energy munitions only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: Officers must complete a POST certified 40mm course, as well as regular training and qualifications as required by law and policy. Various Menifee Police Department policies on Use of Force and Crowd Control.

10. Less Than Lethal bean bag launchers (shotguns) - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 12-gauge Remington 870 shotguns, 15 owned.

Lifespan: 25 years

Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Less than lethal bean bag s are deployed through a marked , orange colored easily identifiable less than lethal shotgun. The bean bag is a small led pellet filled munition made of high-density cloth. The bean bag is the predecessor to the 40mm less than lethal launcher, having similar benefits as other less than lethal platforms.

Authorized Use: Situations for use of the less than lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals.

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Annual Military Equipment Use Report
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Fiscal Impact: The initial cost of each 12-gauge Remington 870 shotgun is approximately $435.00. Annual maintenance is approximately $50 for each shotgun.

Legal/Procedural Rules Governing Use: Menifee Police Department personnel 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.

Training Required: All officers are trained in the 12 gauge less than lethal shotgun, as a less than lethal option , by POST certified in-service and police academy training.

11. PepperBall Launchers and Munitions- CA Gov’t Code §7070(c)(12)

Quantity Owned/Sought: PEPPERBALL TAC-SA BLACK SEMI -AUTO 721-01- 0005, 6 owned
Lifespan: Launchers 5-10 years.

Live and inert projectiles 5 years.

Purpose/Capabilities/Description:

To provide officers with a less than lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as defined by law and department policy. It is a de-escalation tool to avoid further injuries or lethal options to a subject. i. PepperBall Tac -SA Launcher. The launcher is powered with a high - pressure air bottle and the rounds are gravity fed through a hopper. ii. PepperBall Live Projectiles. The PepperBall projectile contains 2% -5% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. iii. PepperBall Inert Projectiles. The Inert PepperBall projectile contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.

The projectile has a direct impact of 60ft.

Authorized Use: Situations for use of the less than lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents (as described by law), circumstances where a tactical advantage can be obtained, potentially vicious animals.

Fiscal Impact: The initial cost of each PepperBall Tac-SA Launcher w/air tank is approximately $1000. Annual maintenance is approximately $50 for each Item Title: 12.3
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launcher. PepperBall Live Projectiles cost $700/ per 375 rounds. Pepperball Inert Projectiles cost $250/ per 375 rounds.

Legal/Procedural Rules Governing Use: Menifee Police Department personnel utilize the less than lethal PepperBall system only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force
Training Required: The use of these devices is limited to those who have attended a certified training course on their proper use.

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APPENDIX A
Military Equipment Quantities

Armored Vehicles

Equipment Quantity
Lenco BearCat 1

Unmanned Aerial Systems

Equipment Quantity
Mavic 2 Enterprise 4

Unmanned Power Ground Systems

Equipment Quantity
510 Packbot Fastac 1

Rifles

Equipment Quantity
Daniel Defense DDM4 V7 10
FN America FN-15 SRP G2, 80 owned 94

Bolt Action Rifles

Equipment Quantity
Remington Model 700 1

Projectile Launchers

Equipment Quantity
Def Tech 40MM LMT Tactical Single Launcher 7
Remington Model 870 Less than Lethal Shotgun 15
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Pepper Ball "TAC-SA-PRO" launcher 6

Diversionary Devices

Equipment Quantity
Defense Technology Low Roll Distraction Device 30

Chemical Agents

Equipment Quantity
Defense Technology 1082 Riot Control Continuous
Discharge Grenade CS
35 Defense Technology 1026 Triple-Chaser CS Canister 23 Defense Technology 1032 Flameless Tri-Chamber CS
Grenade 7
Defense Technology 1030 Flameless Tri-Chamber OC
Grenade 11
Defense Technology 6282 Ferret 40MM Spede -Heat CS
round 8
Defense Technology 2292 Ferret 40MM Powder Barricade
Penetrator Round, CS 24
Defense Technology 6320-A 40MM Powder Direct Impact
Round, OC 130
Defense Technology 2262 Ferret 40MM Liquid Barricade
Penetrator Round, CS 10
Defense Technology 1016 Canister Pocket Tactical Grenade CS 28
Defense Technology 1073 Smoke HC Grenade 3
Defense Technology 56854 OC Aerosol Grenade Fogger 10
Defense Technology 56795 OC Stream OC Aerosol 7
CTS 5230 CS Canister Grenade 23
CTS 5230B CS Baffled Canister Grenade 26
PepperBall Inert Projectile 1875
PepperBall Live Projectiles 1825
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APPENDIX B
Military Equipment Fiscal Impact and Estimated Projected Costs

Armored Vehicles

Equipment Initial Cost Approx Annual
Maintenance Cost
Lenco Bearcat $238,000 $2,000

Unmanned Aerial Systems

Equipment Initial Cost Approx Annual
Maintenance Cost
Mavic 2 Enterprise $40,000 $5,000

Unmanned Power Ground Systems

Equipment Initial Cost Approx Annual
Maintenance Cost
510 Packbot-Fastac $0
Free Via
Federal
Program
$200

Rifles

Equipment Initial Cost Approx Annual
Maintenance Cost
Daniel Defense DDM4 V7 $24,750 $1,000
FN America FN-15 SRP G2 $87,420 $1,000
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Bolt-Action Rifles

Equipment Initial Cost Approx Annual
Maintenance Cost
Remington Model 700 $680.00 $50

Projectile Launchers

Equipment Initial Cost Approx Annual
Maintenance Cost
Def Tech 40MM LMT Tactical Single Launcher $8,400 $0
Remington Model 870 Less than Lethal Shotgun $6,525 $0
Pepper Ball "TAC-SA-PRO" launcher $6283 $300

Diversionary Devices

Equipment Initial Cost Approx Annual
Maintenance Cost
Defense Technology Low Roll Distraction
Device $2,040 $0

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Chemical Agents

Equipment Initial Cost Approx Annual
Maintenance Cost
Defense Technology 1082 Riot Control
Continuous Discharge Grenade CS $1,800 $0
Defense Technology 1026 Triple-Chaser CS
Canister $1,150 $0
Defense Technology 1032 Flameless Tri-
Chamber CS Grenade $950 $0
Defense Technology 1030 Flameless Tri-
Chamber OC Grenade $1,050 $0
Defense Technology 6282 Ferret 40MM Spede -
Heat CS round $200 $0
Defense Technology 2292 Ferret 40MM Powder
Barricade Penetrator Round, CS $300 $0
Defense Technology 6320-A 40MM Powder
Direct Impact Round, OC $6,500 $0
Defense Technology 2262 Ferret 40MM Liquid
Barricade Penetrator Round, CS $1,000 $0
Defense Technology 1016 Canister Pocket
Tactical Grenade CS $1,000 $0
Defense Technology 1073 Smoke HC Grenade
$450 $0
Defense Technology 56854 OC Aerosol Grenade
Fogger $450 $0
Defense Technology 56795 OC Stream OC
Aerosol $150 $0
CTS 5230 CS Canister Grenade
$1,200 $0
CTS 5230B CS Baffled Canister Grenade
$1,200 $0
PepperBall Inert Projectile
$452 $0
PepperBall Live Projectile
$1,268 $0

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APPENDIX C
Specialized equipment inventory known to be owned and/or utilized by law enforcement agencies with which the Menifee Police Department collaborates with and/or may require assistance from in a mutual -aid situation for law enforcement services.

1. Mine Resistant Ambush Protected Vehicle (MRAP) - CA Gov’t Code §7071(c)(2) Purpose/Capabilities/Description: The MRAP is a large ballistic armored rescue vehicle deployed during search warrant services and primarily in open desert areas requiring extreme off -road capability. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement. Operat ion requires a Class “B” driver’s license. Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.

Training Required: None, Equipment owned, maintained, and operated by another agency.

2. Armored Vehicles with breaching or entry apparatus or water cannon - CA Gov’t Code §7071(c)(2)
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter -Attack Trucks (BEARCATS). The BEARCAT’s are primarily used during high -risk tactical enforcement operations, officer rescues, and vehicle borne interventions.

Additional deployments are used during crimin al unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
o Rescue vehicle for on -campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in a natural disaster. o BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted Water Cannon. BOMB -CAT use is for tactical operations and explosive ordinance mitigation and fire suppression.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety.

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o TAC-CAT vehicle - A tracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations, with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: None, Equipment owned, maintained, and operated by another agency.

3. Long Range Acoustic Device (LRAD) - CA Gov’t Code §7071(c)(13) Purpose/Capabilities/Description: LRAD is an acoustic hailing device used for emitting amplified public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear while offering advantages over less amplified patrol car PA systems. The larger LRAD 1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly. LRAD can also be used for any public announcements or safety advisements during natural disasters or evacuations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: None, Equipment owned, maintained, and operated by another agency.

4. Explosive breaching tools - CA Gov’t Code §7071(c)(12) Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcom ing a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes.

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agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Non-handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature - CA Gov’t Code §7071(c)(7)
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcom ing a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes

Avon frangible shotgun ammunition is used to breach doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs, and locks.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

6. Command and Control Vehicles used to facilitate the operational control and direction of public safety units – CA Gov’t Code §7071(c)(4) Purpose/Capabilities/Description: Command vehicles are built in various platforms to include ½ ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies.

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Fiscal Impact: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use : Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: Members of the Southwest Cities SWAT and CNT teams conduct routine training in the operation and use of shared command and control vehicles, which are owned by the Murrieta and Hemet police departments.

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Published with permission by Menifee Police Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include
Governing body – The elected or appointed body that oversees the Department.

Military equipment – means equipment that is "militaristic in nature" and is identified in Government Code Section 7071 (c) ( 1 - 15)
706.2 POLICY
It is the policy of the Menifee Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Operations Division Captain or his designee will 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 annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Menifee Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

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

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Military Equipment - 2
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: AB481 Military Equipment List.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the prohibitions outlined in Government Code § 7071:
706.6 COORDINATION WITH OTHER JURISDICTIONS
The Menifee Police Department provides law enforcement services to the City of Menifee as well as providing mutual aid county wide.

Through the Association Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agencies Military Equipment policy related to any enforcement action throughout Riverside County.

The Menifee Police Department also works in conjunction with the Murrieta and Hemet Police Departments to provide Special Weapons and Tactics services (S.W.A.T.) to the city of Menifee. This is done under the guidance of an approved and consolidated Memorandum of Understanding between the three cities.
706.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment, from a neighboring law enforcement entity, that is not included in the Military Equipment Use Policy.

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:
• 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. • 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.
• Include the Military Equipment in the Police Department's next annual Military Equipment Report.

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Military Equipment - 3
706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.9 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.

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Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 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 distributionof federal surplus personal property, excepting food commodities, and requires the department to, among other things, do allthings necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplusproperty, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus PropertyAcquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any lawwhich requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, orwhich prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department ofDefense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in lawenforcement 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 applicablegoverning body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant tospecified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, asdefined. 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 itsjurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governingbody to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of militaryequipment or amend the military equipment use policy if it determines, based on an annual military equipment report preparedby the law enforcement agency, as provided, that the military equipment does not comply with the above-described standardsfor approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additionalrequirements and standards related to the purchase, use, and reporting of military equipment by local law enforcementagencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certainactivities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’sdesignee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired priorto 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 amunicipal 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 wouldimpose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodiesand the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to HomeBill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites Item Title: 12.3
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9/18/23, 2:48 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 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutionalrequirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by thestate. 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 andwelfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychologicalwell-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black andBrown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalizedcommunities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local governmentofficials, 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 tothe 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 protectthe 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 thecommunity, 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 thatdirectly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a lawenforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means theboard 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 Universityof 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 standardconsumer 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-terrainvehicles (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 wheelsfor forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of publicsafety units. (6) Weaponized aircraft, vessels, or vehicles of any kind.

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9/18/23, 2:48 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 (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 thissubdivision. (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 thissubdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber thatare 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-issuedhandheld 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,” rubberbullet, 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 designatedas 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 alaw 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 productdescriptions 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 ofmilitary equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimatedannual 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 becompleted before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use eachspecific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil libertiesand full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons orentities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of thepolicy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns orsubmit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensurethat 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, andcommission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or ArticleVI 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 militaryequipment 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.

Item Title: 12.3
Annual Military Equipment Use Report
Item Page Number: 44

Menifee Mayor and City Council
June 19, 2024
Page
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9/18/23, 2:48 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 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within theterritorial 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 bythe 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 fundsfor, 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 wasacquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If thegoverning body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivisionof a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposedmilitary equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipmentuntil 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 aproposed military equipment use policy to the governing body and make those documents available on the law enforcementagency’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 aregular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencingwith Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing withSection 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 thefollowing:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective ofofficer 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 canachieve 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 prioruses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedynonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publiclyavailable on the internet website of the relevant law enforcement agency for as long as the military equipment is available foruse. (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 theordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section11120) 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 insubdivision (d). If the governing body determines that a type of military equipment identified in that annual militaryequipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall eitherdisapprove a renewal of the authorization for that type of military equipment or require modifications to the militaryequipment 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, thecity 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 shallsubmit to the governing body an annual military equipment report for each type of military equipment approved by thegoverning 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 availableon its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at aminimum, 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.

Item Title: 12.3
Annual Military Equipment Use Report
Item Page Number: 45

Menifee Mayor and City Council
June 19, 2024
Page
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9/18/23, 2:48 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 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actionstaken 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 militaryequipment 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 foreach type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the lawenforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at whichthe general public may discuss and ask questions regarding the annual military equipment report and the law enforcementagency’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 militaryequipment 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 thegoverning 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 toJanuary 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 thefollowing 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 amatter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the CaliforniaConstitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisionsin 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 andstandards 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 ofArticle I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to themeetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) ofsubdivision (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 topublic 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 becausethe only costs that may be incurred by a local agency or school district under this act would result from a legislative mandatethat is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

Item Title: 12.3
Annual Military Equipment Use Report
Item Page Number: 46

Menifee Mayor and City Council
June 19, 2024
Page
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Menifee City CouncilJune 19, 2024

Menifee City Council
June 19, 2024