Agenda packet — Pismo Beach City Council, March 15, 2022 (part 2 of 2)

12.E-9Council Agenda 3-15-2022
Attachment 1.B
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Items Quantity Price Amount
Materials
Items used for the job
-Paper patterns
-specialty sign enamel paint made by Ronan and
1shot.

-Montana spray cans for new back ground
-primer

-Custom Pantone match for each color
-disposable materials.

1 $2,250.00 $2,250.00
Total:$16,650.00
Grand Total (USD): $16,650.00
Notes / Terms
50% deposit required to start work.

Due to the supply chain, so materials may be more expensive or hard to get. There maybe adjusted increased costs on sign enamel paint.

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ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805)

264-1829
www.instagram.com/ac_vintage_designs

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Attachment 1.B
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Artist Agreement*

PUBLIC ART PROGRAM
City of Pismo Beach
This agreement is made and entered into between (1) the City of Pismo Beach (hereinafter “City”) and (2) AC Vintage Design, selected to participate in the Public Art Program (hereinafter “Artist”).

1. Artist may use paint type and paint products recommended by the City which are the following:
a. PAINT TYPE: either One Shot Letter Enamel or Ronan Paints One Stroke Lettering Enamel, high gloss paints specifically formulated to meet the requirements of the sign industry.

2. Artist will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint. Artist must provide his/her own additional supplies if needed. Please see item #14 for supply reimbursement details.

3. The City will have the St. Jude’s Tunnel cleaned, prepped, and primed prior to painting.

4. Artist will paint two (2) entryways at Painting of the entryways must be completed no later than December 31, 2021. A minimum sidewalk clearance of four feet must be adhered to at all times.

5. Electronics, equipment, and other markings on the tunnel entryways shall not be painted, including: official plaques, stickers, or identification numbers

6. The artist shall provide for City maintenance, operations, and emergency access to the St. Jude’s Tunnel.

7. Artist recognition via signature on the tunnel entryways may be no larger than 6” x 6”.

8. The completed artwork will be the property of the City, which retains the right to remove, modify, or replace the artwork if necessary without compensation to Artist.

9. The City may use images of the artwork for promotional purposes.

10. Artwork may not contain advertising, religious art, sexual content, negative imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature.

11. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal activity, or involve the attachment of any object(s) to the box.

12. The artist has the first option to repair artwork if damaged. The City may repair, remove, or modify damaged artwork if Artist is unavailable. The City may remove or modify artwork at any time to ensure continued uninterrupted operation of utilities. Notwithstanding anything to the contrary in the Visual Artist Rights Act, 17 U.S.C. section 106A, the City may remove or modify artwork at any time to ensure continued uninterrupted operations, or for other reasons determined in City’s sole discretion.

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13.The City will pay $16,650 to the Artist within 30 days of completion. It is the artist’s responsibility to contact the Recreation Manager, Colleen Ghiglia at (805) 773-7049, at the time of completion.

14.Artist shall defend, indemnify, protect, and hold harmless the City, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions, infringement of third-party intellectual property rights, or the willful misconduct of the Artist, and Artist’s employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this Agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, and expenses (including without limitations, attorneys fees) arise from the sole negligence or sole willful misconduct of the City.

Artist’s obligations shall survive the termination of this Agreement.

15.To protect the City, Artist shall execute a Consent Form before participating in the Public Art project.

16.Artist is and any of the Artist’s agents, employees or representatives are, for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to overtime, retirement benefits, worker’s compensation benefits, injury leave, or other leave benefits.

17.The City may terminate this Agreement at any time and for any reason.

18.Please sign this form and return to Gordon Jackson, Events and Tourism Director, for signature. The City will send you a signed copy for your records. Thank you. __________________________________________________ _______________________ Gordon Jackson, Events and Tourism Director Date __________________________________________________ _______________________ Artist Signature Date
*Details subject to change per City Council direction

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Materials
AC Vintage Design will purchase and provide all needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending/mixing paint, and any additional supplies that may be needed.

Paint to be used: any combination of 1 Shot Lettering Enamel, Ronan One Stroke Lettering Enamel, and any other high gloss paints specifically formulated to meet the requirements ofthe sign industry.

Payment Terms
Total cost of all for design, mural and signage services provided by AC Vintage Design is $16,650. (Detailed Estimate Provided in separate sealed envelope per RFP) Payment arrangements expected as follows 50% will be invoiced upon approval of contract, and the remaining 50% to be invoiced upon completion of work.

Time Frame
The estimated time for AC Vintage Design to complete the proposed hand painting and mural work is estimated at 100 hours. A detailed estimate of time and materials has been included in this proposal in a separate sealed envelope. Per the Artist Agreement form drafted by City of Pismo Beach, and enclosed within this proposal, painting of the entryways must be completed no later than December 31, 2022, however, AC Vintage Design agrees to work in conjunction with South Paw Signs and other contractors on the project, within the agreed upon timeline established by the Consultant Team for the City after their review and consideration subject to availability of collaboration and cooperation by other contractors on the project.

Warranty
AC Vintage Design will provide a warranty on all hand painted signs and murals for a period of one year from completion.
3 Proposed Bello Street Entrance
4 12.E-13Council Agenda 3-15-2022
Attachment 2
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Proposed Price Street Entrance
5 Detail of Verbiage for Price Street
Entrance
Detail of Verbiage for Bello Street
Entrance
6 12.E-14Council Agenda 3-15-2022
Attachment 2
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Detail of St. Jude's Tunnel to appear on
both Bello and Price Street Entrances
•
7 DESIGN

ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805) 264-1829
www.instagram.com/ac_ vintage_designs
Estimate Number: Painting of my
Design on Saint
Jude's Tunnel and
on to signs
fabricated by
Southpaw signs
Estimate Date: February 17, 2022
Expires On: March 31, 2022
Grand Total (USO): $16,650.00
Quantity Price Amount

BILL TO
City of Pismo Beach
Colleen Cashmore-Ghiglia
[email protected]
Items
Design and Sign Painting
Scope of work:

Design time of the current graphic and the painting
of Saint Jude's Tunnel design in all four sides, fronts of sides, and poles. Entrances painted on signs that
will be fabricated by Southpaw signs.

Surface texture of walls: very rough stucco.

Surface texture of signs: smooth
Time needed:
120 hours of prep and working painting time needed
with my being the sole painter in the job.

Priming and spraying and lettering of signs that will
be fabricated at Southpaw signs from aluminum.

Then the graphics will be hand painted on.

Materials
Items used for the job
-Paper patterns
-specialty sign enamel paint made by Ronan and
1shot.
-Montana spray cans for new background primer
-Custom Pantone match for each color
-disposable materials.
120 $120.00 $14,400.00
$2,250.00 $2,250.00

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12.E-15Council Agenda 3-15-2022
Attachment 2
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DESIGN
Notes/ Terms
50% deposit required to start work.
-some materials have increased in price over the last two months.

ESTIMATE
AC Vintage Design
844 David Road
Orcutt, California 93455
United States
(805) 264-1829
www.instagram.com/ac_ vintage_designs
Total: $16,650.00
Grand Total (USO): $16,650.00

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12.E-16Council Agenda 3-15-2022
Attachment 2
Packet Page 208

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.F

SUBJECT/TITLE:

OPPOSITION TO STATE BALLOT INITIATIVE 21-0042A1, THE TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT

RECOMMENDATION:

Adopt a Resolution to Oppose State Ballot Initiative 21-0042A1, the “Taxpayer Protection and Government Accountability Act.”

BACKGROUND:

The League of California Cities (Cal Cities), along with a broad coalition including the California Professional Firefighters, SEIU California, California Alliance for Jobs, AFSCME California, and the California Special Districts Association issued a press release on February 2, 2022 announcing strong opposition to a proposed California Business Roundtable ballot measure.

The City’s adopted Legislative Platform does not provide explicit direction on this matter, and therefore it is presented to the City Council for consideration with staff’s recommendation to oppose the ballot measure.

DISCUSSION:

In 2018, the “Tax Fairness, Transparency and Accountability Act” (California Attorney General File #17-0050 Amdt. #1), was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority.

Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act, Attorney General File #21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018 would have been, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative, which would limit voters’ authority, adopt new and stricter rules for raising taxes and fees, and make it more difficult to hold violators of state and local laws accountable.

Cal Cities has noted that this initiative would do the following:

1. Limits voter authority and accountability
 Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures.  Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed

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between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

2. Restricts local fee authority to provide local services  Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
 Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

3. Restricts the authority of state and local governments to issue fines and penalties for violations of law
 Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

4. Restricts local tax authority to provide local services  Requires voter approval to expand existing taxes (e.g., utility user tax (UUT), use tax, transient occupancy tax (TOT)) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).  City charters may not be amended to include a tax or fee.  New taxes can be imposed only for a specific time period.  Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
 All state taxes require majority voter approval.
 Prohibits any surcharge on property tax rate and allocation of property tax to state.

5. Other Changes
 No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Recommendation and Next Steps
Staff recommends the Council adopt a Resolution (Attachment 1) taking a position of opposition to the ballot initiative and authorizing the Mayor to send a letter on behalf of the City Council, opposing the initiative.

FISCAL IMPACT:

There is no fiscal impact associated with the requested action.

ALTERNATIVES:

1. Decline to adopt the Resolution; provide staff with direction on how to proceed.

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ATTACHMENTS:

1. Resolution
Submitted by: Meeting Date: March 15, 2022
Jorge Garcia, Assistant City Manager
City Manager Approval:

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RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA TO OPPOSE STATE BALLOT INITIATIVE 21-0042A1, THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”

WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and

WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, the environment, water quality, air quality, and natural resources; and

WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and

WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect the environment, public health and safety, and our neighborhoods; and

WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and

WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby opposes Initiative 21-0042A1 and will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organization throughout the state.

BE IT FUTHER RESOLVED by the City Council of the City of Pismo Beach that the Mayor is hereby authorized to sign a letter of opposition on behalf of the City Council.

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 15th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

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ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.G

SUBJECT/TITLE:

INTRODUCTION (FIRST READING) OF AN ORDINANCE ADOPTING A “MILITARY EQUIPMENT” USE POLICY IN ACCORDANCE WITH THE REQUIREMENTS OF ASSEMBLY BILL 481

RECOMMENDATION:

Introduce an Ordinance adding Chapter 9.26 Military Equipment Policy to the Pismo Beach Municipal Code.

BACKGROUND:

Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the LEA funding, acquiring, or using military equipment as defined by the bill. Staff recommends that the City Council introduce the attached ordinance (Attachment 1), in order to allow the Pismo Beach Police Department (PBPD) to continue to use the vital equipment specified therein.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the city of Pismo Beach.

The term “military equipment,” as used in AB 481, is somewhat of a misnomer as it does not necessarily indicate equipment that has been used by the military or acquired from the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The PBPD is committed to using appropriate law enforcement equipment to safeguard the citizens and officers of Pismo Beach. Many of the items deemed to be “military equipment” by AB 481 are already being used by PBPD and LEAs across the country, in order to specifically reduce risk to community members by using less lethal alternatives. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy (Attachment 2), also provide PBPD peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy.

Other items deemed to be “military equipment” under AB 481 include foundational equipment such as rifles. These rifles allow PBPD officers to address lethal threats from a greater distance and with greater precision.

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In order to approve the policy, the City Council must make the following specific findings, which are included in the ordinance:

(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.

Conclusion and Recommendation
If the City does not commence a governing body approval process for this ordinance by May 1, 2022, PBPD may be prohibited from using “military equipment” until such time as the City Council adopts such an ordinance. Therefore, staff recommends introducing the ordinance provided as Attachment 1, to ensure the continued availability of the appropriate law enforcement tools on which the PBPD relies to provide law enforcement services to the community.

If the Council acts to introduce the Ordinance at this juncture, it will be returned for second reading and adoption on April 5, 2022 and become effective by statute 30 days thereafter.

Per the requirements of AB 481, staff will return to the Council at least annually with a report on the City’s Military Equipment Policy, and seek approval at that time for any necessary modifications to the Policy. The proposed approving Ordinance will automatically incorporate any such modified versions of the Policy.

FISCAL IMPACT:

There is no direct fiscal impact from this approval of this policy, or adoption of the proposed ordinance.

ALTERNATIVES:

1. Modify, and then introduce, the proposed Ordinance.

2. Do not introduce the Ordinance. This option is not recommended, because absent such an ordinance, PBPD would be prohibited from using the specified “military equipment” in the future.

3. Provide staff with alternative direction.

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ATTACHMENTS:

1. Proposed ordinance

2. Lexipol Policy
Prepared by: Meeting Date: March 15, 2022
David Fleishman, City Attorney
Jeff Smith, Police Chief
Submitted by: David Fleishman, City Attorney
City Manager Approval:

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ORDINANCE NO. O-2022-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 9.26 MILITARY EQUIPMENT POLICY TO THE

PISMO BEACH MUNICIPAL CODE
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or continued use of military equipment; The term “military equipment” is defined in California Government Code section 7070; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or continued use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the Findings and Determinations set forth in this ordinance are based on the information first presented to the City Council on March 15, 2022, in staff’s report, and the draft Military Equipment Policy (Lexipol Policy 707) attached thereto; and WHEREAS, staff will seek City Council approval at least annually for any necessary modifications to the Military Equipment Policy, and the Findings and Determinations and approvals set forth in this ordinance shall be deemed to apply to any such modifications if approved by the City Council at the time of the annual report; and WHEREAS, this ordinance and the Pismo Beach Police Department’s Military Equipment Use Policy, which is hereby incorporated by reference as if set forth in full, meets the requirements of California Government Code sections 7070, subdivision (d) and 7071 subdivision (a)(1).

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

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SECTION 2.

A new Chapter 9.26 of the Pismo Beach Municipal Code is hereby added, to read as follows:

Chapter 9.26 MILITARY EQUIPMENT POLICY

9.26.010 Purpose.

To adopt by ordinance a Military Equipment Policy for the Pismo Beach Police Department, in accordance with the provisions of Assembly Bill 481 (Chiu, 2021), codified at California Government Code Section 7070 et seq.

9.26.020 Findings and Determinations.

In accordance with Government Code Section 7071, the City Council determines as follows:

A. The military equipment identified in the Pismo Beach Military Equipment Use Policy is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

B. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. The military equipment identified in the Pismo Beach Military Equipment Use Policy is identified as currently owned as of the date of the ordinance adding this chapter, and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. The City did not previously have a prior military equipment use policy, but as to any prior uses that do not comply with the Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. The City Council, therefore, hereby enacts this ordinance in order to adopt the Pismo Beach Military Equipment Use Policy as the City’s Military Equipment Use Policy, and to approve the continuing use of the military equipment identified therein.

9.26.030 Approval of Military Equipment Policy.

A. Pismo Beach Police Department Policy No. 707, “Military Equipment,” is hereby approved and incorporated by reference into this code as though

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fully set forth herein, and the continuing use of the military equipment identified therein is approved.

B. This approval, along with the Findings and Determinations set forth in Section 9.26.020, shall be deemed to apply to any modifications to the Military Equipment Policy presented in a report to the City Council and approved at a duly-noticed meeting conducted in accordance with applicable open meeting laws, which report shall be presented no less often than annually.

SECTION 3.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 4.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION5.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 6.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

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INTRODUCED at a regular meeting of the City Council held this 15th day of March, 2022, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2022, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney

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Policy707 Pismo Beach Police Department
Pismo Beach PD Policy Manual
Copyright Lexipol, LLC 2022/03/01, All Rights Reserved.

Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
This policy establishes guidelines for the acquisition, funding, use and reporting of "military equipment", as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

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

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Pismo Beach Police Department
Pismo Beach PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/01, All Rights Reserved.

Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 2 707.2 POLICY
It is the policy of the Pismo Beach Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

Members of the Pismo Beach Police Department shall 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 Pismo Beach Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

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

The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable. 707.5 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

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Pismo Beach Police Department
Pismo Beach PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/01, All Rights Reserved.

Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 3 (a)Unmanned Aerial Systems (UAS)

1. Description, quantity, capabilities, and purchase cost of current UAS. i. DJI Dual Enterprise Advanced

1. Cost: $5,500

2. Quantity: 1

3. Description: UAS that has color and infrared recording camera in addition to a detachable speaker and light. Approximately 30 minutes of flight time.

2. Purpose: To be used for aerial views of major crimes scenes, accident scenes, missing person searches, natural disaster management, SWAT or tactical missions, interior and exterior searches.

3. Authorized Use: Only assigned and trained UAS Pilots are authorized to operate PBPD UAS systems. All PBPD Pilots are certified by the FAA.

4. Life Span: 3-5 years.

5. Fiscal Impact: Annual maintenance and battery replacement is approximately $1500.

6. Training: All PBPD UAS operators are licensed by the Federal Aviation Administration for UAS operations. Additionally, each operator must complete the PBPD training course.

7. Legal and Procedural Rules: Use is established under FAA Regulation 14 CFR Part 107, and the PBPD UAS policy. It is the policy of the PBPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. (b)High Mobility Multipurpose Wheeled Vehicle (HMMWV)

1. Description, quantity, capabilities, and purchase cost. i. 1985 American General four-wheel drive utility vehicle.

1. Cost: No cost

2. Quantity: 1

3. Description: Four-wheel drive four passenger vehicle painted with the PBPD iconic wave.

2. Purpose: To be used as a public relations tool to promote a positive image of the PBPD during special events, parades, and other city functions.

3. Authorized Use: The vehicle is limited to PBPD staff members that have received training in the use and operation of the vehicle.

4. Lifespan: 20 years.

5. Fiscal Impact: Annual Maintenance of approximately $1500.

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Pismo Beach Police Department
Pismo Beach PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/01, All Rights Reserved.

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

6. Training: All drivers/operators shall attend training in vehicle operations and practical driving instruction.

7. Legal and Procedural Rules: It is the policy of the Department to use the HMMWV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. (c)Mobile Command Vehicle

1. Description, quantity, capabilities, and purchase cost. i. 2021 LDV Command Vehicle

1. Cost: $378,000

2. Quantity: 1

3. Description: 32-foot self-sustained gas powered mobile command vehicle with dispatch capabilities and command and control office space.

2. Purpose: To be used as a mobile command post for large incidents, crime scenes, community events, emergencies, and tactical situations.

3. Authorized Use: Only officers trained the operation of the mobile command vehicle may drive/operate the vehicle.

4. Lifespan: 30 years.

5. Fiscal Impact: Annual Maintenance of $1000.

6. Training: Drivers/Operators of the MCV shall have approved PBPD training and appropriate State of California drivers license.

7. Legal and Procedural Rules: It is the policy of the Department to use the Mobile Command Vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. (d)40mm Launchers and Rounds

1. Description, quantity, capabilities, and purchase cost. (a) Defense Technology, 40mm single shot launcher.

1. Cost: $870

2. Quantity: 8

3. Description: Single shot launcher that fires standard 40mm less lethal ammunition.

2. Purpose: To limit escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations for which the launchers may be used may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative behavior.

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Attachment 2
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Pismo Beach Police Department
Pismo Beach PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/01, All Rights Reserved.

Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 5 (b) Riot/crowd control and civil unrest.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercised or approved demonstrations.

4. Lifespan: 15 years.

5. Fiscal Impact: Annual maintenance is estimated to be $100 annually.

6. Training: Sworn members using 40mm less lethal munitions are trained in their use by POST Certified instructors.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force
(e)Less Lethal PepperBall Launcher

1. Description, quantity, capabilities, and purchase cost (a) PepperBall Launcher

1. Cost: $1,000

2. Quantity: 2

3. Description:PepperBall, Compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.
(b) PepperBall Live Projectile

1. Cost: $1.00 per round

2. Quantity:500

3. Description: Non-lethal ½ inch round projectile for direct impact or area saturation. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 390+ft. The projectile contains 2.5% PAVA powder.
(c) PepperBall Glass Breaker Projectile

1. Cost: $2.00 per round

2. Quantity:20

3. Description: Non-lethal ½ inch round projectile for direct impact to break glass to allow the deployment of PepperBall Live Projectile.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-425 FPS and is designed to break glass.

2. Purpose: To limit escalation of conflict where employment of lethal force is prohibited or undesirable

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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 6

3. Authorized Use: Situations for which the launchers/bean bags may be used may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative behavior (b) Riot/crowd control and civil unrest
(c) Circumstances where a tactical advantage can be obtained (d) Potentially vicious animals
(e) Training exercised or approved demonstrations

4. Lifespan:
(a) PepperBall Launcher- 15 years.
(b) PepperBall Live Projectile- 3 years.
(c) PepperBall Glass Breaker Projectile-5 years from date of manufacture.

5. Fiscal Impact: Annual maintenance is estimated to be $100 annually

6. Training: Sworn members using 40mm less lethal munitions are trained in their use by POST Certified instructors

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize the PepperBall Launcher only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force (f)Rifles

1. Description, quantity, capabilities, and purchase cost (a) Colt M-4.223/5.56mm Caliber

1. Cost: $1300

2. Quantity: 3

3. Description: Guns that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
(b) Colt AR-15.223/5.56mm Caliber

1. Cost: $1,500

2. Quantity: 1

1. Cost: $1,000

2. Quantity: 16

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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 7

1. Cost: $1,000

2. Quantity: 2

1. Cost: $1,500

2. Quantity: 2

1. Cost: $1,000

2. Quantity: 2

1. Cost: $5,000

2. Quantity: 1

3. Description: Guns that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

2. Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun.

3. Authorized Use: Use is limited to PBPD officers that are POST certified and trained in rifle use.

4. Lifespan: 20 years.

5. Fiscal Impact: Annual maintenance for the rifle is approximately $100.

6. Training: Prior to using a rifle, officers must be trained by POST instructors and must pass an annual qualification.

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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 8

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize rifiles only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(g)Distraction Devices

1. Description, quantity, capabilities, and purchase cost (a) Defense Tech Low Roll Distraction Device

1. Cost: $50

2. Quantity: 9

3. Description: Distraction device that delivers a loud "bang" and flashing light.

2. Purpose: A distraction device is commonly used when trying to distract dangerous suspects during emergency situations such as hostage calls, search warrants, and violent crimes. These devices use atmospheric over-pressure and brilliant white light to temporarily distract for a tactical advantage.

3. Authorized Use: Distraction devices are only to be used by trained operators.

These devices are commonly used in high-risk situations commonly handled by a SWAT team.

4. Lifespan: No expiration.

5. Fiscal Impact: No annual maintenance.

6. Training: Prior to use, officers must attend and pass training provided by a POST certified instructor.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize distraction devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. (h)Tear Gas

1. Description, quantity, capabilities, and purchase cost (a) Defense Tech Riot Control Discharge Grenade, OC

1. Cost: $35/each

2. Quantity:20

3. Description: Delivers large plumes of smoke and OC agent.

2. Purpose: To limit the escalation of conflict where employment of lethal force of prohibited or undesirable.

3. Authorized Use: Only officers trained in the use of chemical agents by a POST certified trainer are authorized to deploy chemical agents.

4. Lifespan: 5 years from manufacturing date.

5. Fiscal Impact: No annual maintenance.

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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 9

6. Training: Sworn members using chemical agents are to attend a POST certified training prior to use.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize tear gas only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
(i)Less Lethal Shotgun

1. Description, quantity, capabilities, and purchase cost. (a) Remington 870 Less Lethal Shotgun.

1. Cost: $900

2. Quantity: 2

3. Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. The shotgun is distinguishable by an orange butt stock and fore grip. (b) Defense Technologies Beanbag round

1. Cost: $5

2. Quantity: 10

3. Description: 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).

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
(a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents.
(c) Circumstances where a tactical advantage can be obtained. (d) Potentially vicious animals.
(e) Training exercises or approved demonstrations.

4. Lifespan:
(a) Remington 870 Less Lethal Shotgun- 25 years.
(b) Defense Technologies Beanbag round- No expiration.

5. Fiscal Impact: Annual maintenance is approximately $50.00 for each shotgun.

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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 10

6. Training: All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions have been through and successfully completed a POST approved school.

7. Legal and Procedural Rules: It is the policy of the PBPD to utilize the Less Lethal Shotguns only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 707.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.7 COORDINATION WITH OTHER JURISDICTIONS
The Pismo Beach Police Department participates in the San Luis Obispo County Regional Special Weapons and Tactics (SWAT) team and works closely with other local, county, state, and federal law enforcement partners. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Pismo Beach community members. These agencies will have their own "Military Equipment" policy approved by their respective governing body. While operating in the jurisdiction of the City of Pismo Beach, the respective agencies will adhere to their

12.G-17Council Agenda 3-15-2022
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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 11 department policy governing the use of military equipment. The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Pismo Beach by other law enforcement partners during Pismo Beach Police Department operational incidents.
707.8 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
707.9 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall 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 shall 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.

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:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. 707.10 COMPLIANCE
The Operations Commander will ensure that all Department members comply with this policy. The Operations Commander will conduct an annual audit with the assistance of the Support Services

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Published with permission by Pismo Beach Police Department ***DRAFT***Military Equipment - 12 Commander. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Policy 1019. Violations of this policy shall be subject to disciplinary action, up to and including termination of employment. All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a questions or concern regarding military use equipment by contacting the Pismo Beach Police Department's Operations Commander. A response to the question or concern shall be completed by the Operations Commander within 30 days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Internal Affairs Division in accordance with Policy 1019 (Personnel Complaints). 707.11 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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Pismo Beach City CouncilMarch 15, 2022

Pismo Beach City Council
March 15, 2022