ORDINANCE NO. 954
OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ORDINANCE (Uncodified) ADOPTING A SPECIAL OR MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
The City Council of the City of Pleasant Hill does ordain as follows:
ARTICLE 1. RECITALS.
a) On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting ofthegoverning body (the City Council) for that agency. b) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’ s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’ s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute. c) To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022. d) In accordance with AB 481, the proposed Policy will be made available on the Pleasant Hill Police Department’ s website within 30 days of the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’ s website for as long as the covered military equipment is available for use.
e) In accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
f) This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal ofthe authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.
ARTICLE 2. INCORPORATION OF RECITALS.
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings ofthe City Council as iffully set forth herein.
ARTICLE 3. FINDINGS.
Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified inthe Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public’ s welfare, safety, civil rights, and civil liberties.
C. If the Police Department purchases military equipment pursuant to the Policy, 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.
ARTICLE 4. MILITARY EQUIPMENT USE POLICY ADOPTED.
In light of the findings in Article 3, and in accordance with AB 481, the Policy, attached hereto as Exhibit A” and incorporated in full by reference, is hereby adopted by the City Council.
ARTICLE 5. SEVERABILITY.
Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
ARTICLE 6. NOT A CEQA PROJECT.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act CEQA) pursuant to Sections 15060( c)(2) ( the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
ARTICLE 7. EFFECTIVE DATE.
This ordinance, or a summary thereof, shall be posted on the three (3) official bulletin boards of the City of Pleasant Hill within 15 days of its passage and is to take effect thirty (30) days after its passage.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 21st day of March, 2022.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 4th day of April, 2022, by the following vote:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
Policy
706
POLICY 706 SPECIALIZED OR MILITARY EQUIPMENT
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of specialized or military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Specialized or 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.
706.2 POLICY
It is the policy of the Pleasant Hill Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to specialized or military equipment. 706.3 SPECIALIZED OR MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the specialized or military equipment coordinator. The responsibilities of the specialized or military equipment coordinator include but are not limited to:
Exhibit A
a. Acting as liaison to the governing body for matters related to the requirements of this policy. b. Identifying department equipment that qualifies as specialized or 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 specialized or military equipment at least annually. d. Collaborating with any allied agency that may use specialized or military equipment within the jurisdiction of Pleasant Hill 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 specialized or 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 specialized or military equipment, and how the Department will respond in a timely manner.
706.4 SPECIALIZED OR MILITARY EQUIPMENT INVENTORY
The attached Specialized or Military Equipment Inventory.pdf constitutes a list of qualifying equipment for the Department:
Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the specialized or military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed specialized or military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the specialized or military equipment at issue (Government Code § 7071). The specialized or military equipment policy must be approved by the City Council prior to engaging in any of the following ( Government Code § 7071):
a. Requesting specialized or military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for specialized or 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 specialized or 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 specialized or military equipment within the jurisdiction of this department. e. Using any new or existing specialized or 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 specialized or military equipment.
g. Acquiring specialized or military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Specialized or military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the specialized military equipment is approved for use in accordance with this policy. Specialized or military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective specialized or military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a specialized or military equipment policy, the Chief of Police or the authorized designee should submit a specialized or military equipment report to the City Council for each type of specialized or military equipment approved within one year of approval, and annually thereafter for as long as the specialized or military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual specialized or military equipment report publicly available on the department website for as long as the specialized or 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 specialized or military equipment in department inventory.
706.8 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 specialized or military equipment.
Exhibit 1 – California Government Code § 7070(c) Military Equipment List Exhibit 2 – Equipment Inventory
California Government Code § 7070( c) Military Equipment List
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition ( SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs ( 1) through ( 15), " Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
Exhibit 1
Attachment D: Qualifying Equipment Owned/ Utilized by the Pleasant Hill Police Department Equipment Name: Unmanned Aircraft Systems ( UAS/ Drones) – CA GC § 7070(c)(1) Quantity Owned: 6 Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Product Descriptions:
DJI Mavic II Enterprise ( 3 owned): The Mavic II Enterprise is an advanced drone solution with a FLIR thermal imaging sensor. For use during search and rescue, policing, and firefighting support, it is designed to be a compact solution that is easily deployable with a 6.2 mile transmission range and 31 minutes flight time.
DJI Mavic Mini (3 owned): The Mavic mini is a lightweight, compact, foldable drone that is handheld and weighs only 8.8 oz. It is small and light enough to fly indoors, while still maintaining outdoor flight capabilities with a 2.5 mile transmission range and 31 minute flight time.
Purpose/ Authorized Uses: UAS/ Drones may be utilized to enhance the department’ s mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; traffic collision documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately 35,000. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $ 5,000 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, operators 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 imaging 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.
Other Notes: None.
Equipment Name: Explosive breaching apparatuses - CA GC § 7070(c)(7) Quantity Owned: 1 Lifespan: Approximately 15 years
Equipment Capabilities: Allows specially trained Pleasant Hill Police Department officers to utilize a designed shotgun to defeat fortified locking mechanisms, such as door handles or hinges.
Product Description: Specially designed Remington 870 shotgun that is retrofitted with a spiked standoff breaching barrel that allows for the safe and effective firing of frangible copper rounds.
Compressed copper 12 gauge breaching rounds (50 owned): These 12 gauge shotgun rounds, which are restricted for law enforcement, military, or government use only, are manufactured using compressed copper. This design allows them to be fired into a locking mechanism or doors to defeat Exhibit 2
the mechanical system allowing for immediate entry by law enforcement personnel during a critical incident.
Purpose/ Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel, who are members of the Central County SWAT Team, encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.
Fiscal Impacts: The initial cost for this equipment was approximately $ 800. Annual maintenance is conducted by Pleasant Hill Police Department personnel.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force and search and seizure. Various Pleasant Hill Police Department Policies on Use of Force, Search and Seizure and Firearms.
Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST- certified Special Weapons and Tactics Course and a Tactical Breaching Course.
Other Notes: None
Equipment Name: Specialized Ammunition - CA GC § 7070( c)(10) Quantity Owned: Outlined below Lifespan: Approximately 10 years Equipment Capabilities: Allows for a specially trained Pleasant Hill Police Department officers to protect the community by enhancing their capability to accurately engage suspect( s) who present an immediate deadly danger to members of the community or public safety personnel.
Product Description:
Limited penetration . 308 caliber rounds ( 400 owned): This hyper expanding hollow point bullet immediately deposits its energy within a very short distance, reducing the risk of over- penetration beyond its intended target.
Tactical Barricade . 308 caliber rounds ( 300 owned): This tactical bullet is designed to reduce fragmentation and stays intact when striking a mid-level barricade. The minimal deflection and fragmentation further enhances accuracy and bystander safety.
Armor Piercing . 308 caliber rounds (50 owned): This round is designed with a tungsten carbide core that does not break apart upon impact and transfers the residual energy to the target with the purpose of penetrating light armor.
Purpose/ Authorized Uses: These specialized rounds are design for use in response to critical incidents that present an immediate threat of deadly force to members of the community or public safety personnel.
Fiscal Impacts: The initial cost for ammunition was approximately $ 2,000. Ongoing annual cost is estimated at less than $1000.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.
Training Required: Authorized uses are members of the Central County SWAT Team and have completed an 80-hour CA POST- certified Special Weapons and Tactics Course and a 40-hour Rifle Marksmanship and Sniper/ Observer Course. Users are regularly required to maintain marksmanship rifle qualification standards to remain members on the Central County SWAT Team.
Other Notes: None
Equipment Name: Flashbang grenades - CA GC Code §7070(c)(12) Quantity Owned: 20 Lifespan: Approximately 5 years
Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through sound and light.
Product Description: The Defense Technology Low Roll Non-Reloadable Distraction Device produces 175 dB or sound output at 5 feet and 6-8 million candellas for 10 milliseconds.
Purpose/ Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.
Fiscal Impacts: The initial cost for this equipment is estimated at $1200. Ongoing annual maintenance and replacement costs are estimated at $600.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.
Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST- certified Special Weapons and Tactics course.
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA GC § 7070( c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option.
Manufacturer Product Description:
40 mm launchers ( 6 owned): LMT Defense 40 mm launchers. These launchers are lightweight, versatile and used worldwide by police and corrections officers. 40 mm Direct Impact Foam round ( 50 owned): The Defense Technology 40mm Foam Round munition is a point- of-aim, point- of-impact direct- fire round.
Purpose/ Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $ 3,900. The ongoing costs for munitions will vary and departmental staff conduct maintenance.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Crowd Control.
Training Required: : Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Name: Shotgun Less Lethal Launchers and Kinetic Energy Munitions - CA GC § 7070( c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option Manufacturer Product Description:
Remington 870 shotgun ( 12 owned): Specially designed Remington 870 shotguns. 12 GA. Drag stabilized round ( 500 owned): Sock round munition is a point- of-aim, point- of-impact direct- fire round.
Purpose/ Authorized Uses: The less lethal shotguns deploy Kinetic Energy Munitions that are intended for use as a less lethal use of force option.
Fiscal Impacts: Existing shotguns were repurposed as designated less lethal devices. The ongoing costs for munitions will vary and departmental staff conduct maintenance. Ongoing annual cost is estimated at less than $1000.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.
Training Required: Officers must complete a department training and qualifications as required by law and policy.
Other Notes: None.
Qualifying Equipment known to be owned and/ or utilized by agencies with which the Pleasant Hill Police Department collaborates for law enforcement purposes Equipment Name: Unmanned, remotely piloted, powered ground vehicles - CA GC § 7070( c)(1) Quantity Owned/ Sought: 0 owned Lifespan: Approximately 20 years Equipment Capabilities: Allows for a mechanical and robotic entry into confined spaces when physical entry by law enforcement personnel would pose a high risk to officer safety.
Product Description:
The AVATAR robot allows operators to safely inspect dangerous locations without physically entering a structure. It is quickly deployable, navigates various terrain (including stairs), has two-way audio capabilities, and allows the operator to visually inspect the location through a pan-tilt-zoom camera.
Purpose/ Authorized Uses: This robot is used in response to critical incidents to enhance community and officer safety. A watch commander or SWAT Commander, based on the specific circumstances of a given critical incident, shall only authorize the use of this robot.
Fiscal Impacts: No cost to City of Pleasant Hill. Equipment used by the Central County SWAT Team.
Legal/ Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use this equipment for official law enforcement purposes, and pursuant to State and Federal law.
Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST- certified Special Weapons and Tactics Course.
Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/ or use in the City of Pleasant Hill.
Equipment Name: Armored Personnel Carrier - CA GC § 7070(c)(2) Quantity Owned/ Sought: 0 owned Lifespan: Approximately 25 Years Equipment Capabilities: This rescue vehicle is NIJ Level IV certified and designed to withstand multiple strikes from .50 caliber ammunition while still maintaining operational capabilities.
Product Description:
The Lenco BearCat is the standard tactical rescue vehicle for the law enforcement community in the United States. The BearCatG3 version utilizes a heavier duty upgraded suspension with off-road (runflat) tires, rims, and increased ground clearance for emergency and natural disaster responses that traverse beyond traditional roadways. It seats up to 12 uniformed officers and the 4-door version with an open floor plan allows for easier rescue of injured persons during critical incidents.
Purpose/ Authorized Uses: This vehicle is used in response to critical incidents to enhance community and officer safety, improve scene containment and stabilization, conduct community and officer rescues, and assist in the resolution of critical incidents. A watch commander or SWAT Commander, based on the specific circumstances of a given critical incident, shall only authorize the use of this vehicle.
Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.
Legal/ Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use of this vehicle for official law enforcement purposes, and pursuant to State and Federal law.
Training Required: Members authorized to operate this vehicle have been trained by personnel who have successfully completed a 24-hour CA POST- certified Tactical Armored Vehicle Operations course.
Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/ or use in the City of Pleasant Hill.
Equipment Name: Tear gas and pepper balls - CA GC Code § 7070( c)(12) Quantity Owned/ Sought: 0 Lifespan: Approximately 10 years Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through the introduction of a chemical irritant impacting the eyes, nose, and skin.
Product Description:
Tear gas canisters: The Defense Technology Spede- Heat CS grenade and Flameless Tri-Chamber grenade were designed for barricade situations. Its applications in tactical situations are primarily to detect and/ or dislodge hostile and violent barricaded subjects. The purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/ or incapacitation of potentially violent and dangerous subjects.
40 mm Liquid CS Ferret round: The Defense Technology 40 mm Liquid Ferret round is used primarily by tactical teams and is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside closed area.
40 mm Direct Impact OC Foam round: The Defense Technology 40mm OC Crushable Foam Round munition is a point-of-aim, point-of-impact direct-fire round. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder.
PepperBall rounds: The PepperBall projectile contains 2% PAVA and is designed for direct impact and area saturation, especially in confined, interior spaces.
Purpose/ Authorized Uses: The equipment outlined above is designed and authorized for use when law enforcement personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.
Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.
Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST- certified Special Weapons and Tactics course. Chemical agent grenadiers must have completed a 40-hour CA POST- certified course.
Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/ or use in the City of Pleasant Hill.
Equipment Name: Command and control vehicles - CA GC § 7070(c)(5) Quantity Owned/ Sought: 0 Lifespan: Approximately 15 years Equipment Capabilities: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Manufacturer Product Description: San Ramon Valley Fire Mobile Command Center / Martinez Police Department Mobile Command Center/ Walnut Creek Bomb Squad.
Purpose/ Authorized Uses: Generally to be used as a command post based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.
Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of motor vehicles.
Training Required: If applicable, drivers/ operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.
Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/ or use in the City of Pleasant Hill.
Equipment Name: Long Range Acoustic Device (LRAD) – CA GC § 7070(c)(13) Quantity Owned/ Sought: 0 Lifespan: Approximately 25 years Equipment Capabilities: Long Range Acoustical Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone.
The LRAD is primarily used as a communication device.
Manufacturer Product Description: Genasys Long range Acoustic Device (LRAD) – 100X Purpose/ Authorized Uses: To safely communicate critical announcements and to deescalate critical incidents through the use of directed sound. To be used to issue announcement orders and can also be used to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.
Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.
Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of its use.
Training Required: The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with Department policy and training.
Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/ or use in the City of Pleasant Hill.
CITY OF PLEASANT HILL
NOTICE OF ORDINANCE ADOPTION
Notice is hereby given that on April 4, 2022, the Pleasant Hill City Council unanimously adopted Ordinance No. 954 ( Uncodified) establishing Pleasant Hill Police Department guidelines for the acquisition, funding, use and reporting of special or military equipment" pursuant to Assembly Bill 481
Copies of this summary have been posted pursuant to law in the following locations:
Pleasant Hill City Hall - 100 Gregory Lane, Pleasant Hill Pleasant Hill Police Department - 330 Civic Drive, Pleasant Hill Pleasant Hill Senior Center - 233 Gregory Lane, Pleasant Hill.
A true and correct copy of the full text of the adopted Ordinance is available at Pleasant Hill City Hall. For further information, contact the City Clerk' s office at 925) 671- 5267.
Juanita Davalos, Deputy City Clerk
April 7, 2022
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