PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.D
SUBJECT/TITLE:
ANNUAL MILITARY EQUIPMENT REPORT PER CALIFORNIA ASSEMBLY BILL 481
RECOMMENDATION:
Receive Staff’s Annual Military Equipment Report. No action recommended.
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.
On April 5, 2022, Council adopted Ordinance O-2022-003 (Military Equipment Use Policy Ordinance), codified as Pismo Beach Municipal Code Section 9.26, in accordance with the requirements of AB 481. The bill requires that staff return to the Council annually to provide a report on the City’s Military Equipment Policy and identify any necessary updates to the Policy (Attachment 1). The bill also requires staff to report any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year.
Staff reviewed department records and determined there were no complaints or concerns raised regarding the use of the equipment in 2022. Staff’s internal audit of the equipment use determined there were no violations of the City’s Military Equipment Policy. An internal audit (Attachment 2) was completed for Calendar Year 2022 documenting the use of the equipment, the annual costs for the equipment, and the quantity possessed.
Staff does not intend to purchase any additional equipment this year.
Conclusion and Recommendation
Staff does not recommend any changes be made to the Policy, and recommends Council accept this report.
FISCAL IMPACT:
There is no direct fiscal impact from accepting the Annual Military Report.
ALTERNATIVES:
1. Modify, and then accept, the Annual Military Equipment Report.
2. Provide staff with alternative direction.
9.D-1Council Agenda 3-7-2023
ATTACHMENTS:
1. Pismo Beach Police Department Military Equipment Policy 707
2. Pismo Beach Police Department Military Use, Quantity, and Cost Audit Prepared by: Meeting Date: March 7, 2023
Dan Herlihy, Commander
Submitted by: Jeff Smith, Chief of Police
City Manager Approval:
9.D-2Council Agenda 3-7-2023
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Attachment 1
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Attachment 1
Less Lethal PepperBall Launcher
1 8
2 5
0 1 0 -$
Mobile Command Vehicle
40mm Less Lethal Single Shot
Launcher
High Mobility Multipurpose
Wheeled Vehicle (HMMWV)
0 200.00$
-$
Defense Tech Beanbag Round
Rifle Colt M-4 .223
Caliber/5.56mm
Rifle Colt AR-15 .223
Caliber/5.56mm
Rifle Bushmaster XM-15 .223
Caliber/5.56mm
Rifle Aero Precision AP15 .223
Caliber/5.56mm
Rifle Colt LE69446CQB
.223Caliber/5.56mm
Rifle Heckler & Koch 9mm MP5
Rifle Remington Bolt Action .308
Caliber
Rifle Heckler & Koch HK416D
.223 Caliber/5.56mm
Defense Tech Low Roll
Distraction Device
Defense Tech Riot Control Tear
Gas Grenade
Remington 870 Less Lethal
Shotgun
10 2
1 16
2 2
2 1
2 9
20 2
0 0
0 -$
-$ 0
0 0
0 0
0 0
0 0
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Pismo Beach Police Department Military Equipment
Use and Inventory Log for Calendar Year 2022
Unmanned Aerial System (UAS)
DJI Drone 1 3 $-
Equipment Type Quantity Number of Uses Annual Cost
9.D-15Council Agenda 3-7-2023
Attachment 2