City Council / Housing Authority
May 16, 2022

CITY OF POMONA

COUNCIL REPORT
May 2, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Michael Ellis, Chief of Police
SUBJECT: PUBLIC HEARING INTRODUCING AN ORDINANCE ENACTING A

MILITARY EQUIPMENT USE POLICY AS REQUIRED BY
ASSEMBLY BILL 481
RECOMMENDATION:

It is recommended that the City Council take the following actions:
1) Conduct public hearing and receive public testimony; and 2) Introduce, waive further and give first reading to the following ordinance (Attachment No. 1):

ORDINANCE NO. 4316 - AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 14 ( "EMERGENCY MANAGEMENT AND EMERGENCY SERVICES") OF THE CITY OF POMONA CITY CODE BY ADDING DIVISION 5 ("MILITARY EQUIPMENT USE POLICY") TO ARTICLE IV ( "POLICE DEPARTMENT "), GOVERNING THE USE OF MILITARY

EQUIPMENT BY THE POMONA POLICE DEPARTMENT
EXECUTIVE SUMMARY:

Assembly Bill 481 ("AB 481") went into effect on January 1, 2022, and requires a law enforcement agency to obtain approval of its governing body to enact a military equipment use policy ("policy") before purchasing, using, raising funds for, or acquiring military equipment. AB 481 requires the policy be submitted to the City Council and posted on the City's website 3 0 days before a public hearing where the policy will be considered and adopted by ordinance. The proposed policy being presented to the City Council satisfies the requirements of AB 481 and has bee n posted on the City's website for the required 30 days fo r public review and inspection. A lso, as mandated by AB 481, a "well-publicized and conveniently located community engagement meeting " was held during the April 19, 2022 Police Oversight Commission meeting to allow for public discussion and input on the proposed policy.

ATTACHMENT NO. 1

Proposed Military Equipment Use Policy

FISCAL IMPACT:

No Fiscal Impact at this time.

PUBLIC NOTICING REQUIREMENTS:

A notice of the public hearing (Attachment No. 2) was sent to the Inland Valley Daily Bulletin with the publication date of April 22, 2022.

DISCUSSION:

On September 30, 2021, Governor Gavin Newsom signed into law AB 481, which added Chapter

12.8, "Funding, Acquisition and Use of Military Equipment, " to Division 7 of Title 1 of the Government Code (Sections 7070 – 7075). This new legislation relates to the u se of military equipment by California law enforcement agencies . It provides transparency and oversight along with public input on the decisions of how military equipment is funded, acquired, or used by these same agencies.

State Legislature also found and declared the following when adopting AB 481:

“(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil righ ts, civil liberties, and physical and psychological well -being, and incurment of significant financial costs. Military equipment is more frequently deployed in low -income Black and Brown communities, meaning the risks and impacts of police militarization a re experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.” (Attachment No. 3)

AB 481 requires the governing body that oversees a law enforcement agency to approve an ordinance adopting a military equipment use policy at a regular meeting of the governing body held in accordance with the Brown A ct. "Military equipment" includes, but is not limited to, armored or weaponized vehicles, large-caliber firearms, explosive projectile launchers, explosive breaching tools, or "flashbang" grenades.

Proposed Military Equipment Use Policy

The ordinance must be adopted before the law enforcement agency may request, seek funds, acquire, collaborate to deploy, use, or solicit a proposal for any type of military equipment. The governing body's ordinance must include certain standards of approval, including:

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.

In addition to hosting the military equipment use policy on the law enforcement agency's website, each agency must submit an annual military equipment report to the governing body detailing the equipment used in the preceding year. This report must include a summary of how the equipment was used, a summary of complaints received, the result of any internal audit and actions taken in response, the total annual cost and the quantity possessed of each type of military equipment, and any additional equipment the agency intends to acquire in the next year. Each year the governing body must review the annual report and determine whether each type of military equipment identified in that report has complied with the standards for approval set forth above and vote on whether to renew it, in accordance with Government Code Section 7071(e)(2).

Each submittal and public release of an annual military equipment report will also require law enforcement agencies to "hold at least one well -publicized and conveniently located community engagement meeting," as described in Government C ode Section 7072 (b). These community engagement meetings will give members of the public the opportunity to ask questions and discuss the annual military equipment report and also the agency's use of military equipment, funding, and acquisition.

AB 481 requires that the military equipment use policy must include the following information (Attachment No. 4):

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

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initia l costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and T raining, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each

Proposed Military Equipment Use Policy

specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

Prepared by:

_____________________________
Steve Congalton
Police Lieutenant

ATTACHMENT(S):

Attachment No. 1 – Proposed Ordinance No. 4316
Attachment No. 2 – Public Hearing Notice
Attachment No. 3 – AB 481 Legislation
Attachment No. 4 – Pomona Police Department Military Equipment Inventory Attachment No. 5 – AB 481 Presentation

ATTACHMENT NO. I

ORDINANCE NO. 4316

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 14 (“EMERGENCY
MANAGEMENT AND EMERGENCY SERVICES”) OF THE CITY OF
POMONA CITY CODE BY ADDING DIVISION 5 (“MILITARY
EQUIPMENT USE POLICY”) TO ARTICLE IV (“POLICE
DEPARTMENT”), GOVERNING THE USE OF MILITARY EQUIPMENT

BY THE POMONA POLICE DEPARTMENT

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies;

WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;

WHEREAS, the Pomona Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment;

WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equ ipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, ov ersight, and complaint process, applicable to the Department’s use of such equipment;

WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and

WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

WHEREAS, the proposed Military Equipment Use Policy, Pomona Police Department Policy 706, will safeguard the public’s health, welfare, safety, civil rights, and civil liberties;

WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;

WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying m ilitary equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance;

WHEREAS, the Pomona Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue;

WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d);

WHEREAS, the City Council of the City of Pomona, having received the information required under AB 481 regarding the Pomona Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does app rove the Military Equipment Policy.

WHEREAS, the City Council recognizes that there is a need to enact the restrictions contained in this Ordinance to protect the public health, safety and welfare; and

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pomona as follows:

SECTION 1 . Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. A new Division 5 (“Military Equipment Use Policy”) is added to Article IV (“Police Department”), amending Chapter 14 (“Emergency Management and Emergency Services”) of the Pomona City Code, State of California, to read as follows:

Division 5. Military Equipment Use Policy.

(a) The City Council hereby adopts a Military Equipment Use Policy which shall govern the use of military equipment by the Pomona Police Department. The Policy is attached to this Ordinance as Exhibit A.
(b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council. (c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipm ent identified therein complied with the standards for approval set forth in Government Code Section 7071(d). (d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew pursuant to Government Code Section 7071(e)(2). (e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

SECTION 3 . Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) p ursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

SECTION 4. Inconsistencies. Any provision of the Pomona City Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

SECTION 6. The City Clerk shall certify to the passage of this Ordinance, and shall cause same to be posted as required by law, and this Ordinance shall take effect thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this ___ day of ______, 2022.

CITY OF POMONA:

_____________________________
Tim Sandoval
Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF POMONA

I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Pomona held on ______, 2022 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on ________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Rosalia A. Butler, MMC
City Clerk

EXHIBIT A

MILITARY EQUIPMENT USE POLICY

Pomona Police Department
Pomona PD CA Policy Manual

Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

706.1.1 DEFINITIONS
Definitions related to this policy include (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 handguns.
• 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.

Policy
706
Pomona Police Department
Pomona PD CA Policy Manual
Military Equipment

706.2 POLICY
It is the policy of the Pomona Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR
The 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 e quipment within the jurisdiction of Pomona 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.

706.4 MILITARY EQUIPMENT USE POLICY
Pursuant to California Government Code §7070, the Police Department will submit a Military Equipment Use Policy for approval to the Pomona City Council annually. 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the 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,

Pomona Police Department
Pomona PD CA Policy Manual
Military Equipment

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.

708.4 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment that is not included in the Military Equipment Use Policy.

If the Police Department acquire s, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:

 Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
 If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Polic y to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
 Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

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

Military Equipment

Ordinance No. 4316
May ___, 2022

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

706.8 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 military equipment.

ATTACHMENT NO. II

CITY OF POMONA

NOTICE OF PUBLIC HEARING
FOR

THE INTRODUCTION OF AN ORDINANCE ADOPTING A POLICY GOVERNING

THE USE OF MILITARY EQUIPMENT BY THE POMONA POLICE DEPARTMENT

NOTICE IS HEREBY GIVEN that the City Council of the City of Pomona, California, will hold a public hearing on Monday, May 2, 2022 at 7:00 p.m. at the Pomona City Council Chambers, located at 505 S. Garey Avenue, in Pomona, California.

The purpose of the public hearing is for the City Council to review and receive public input on the proposed Pomona Police Department Military Equipment Use Policy. Assembly Bill 481 ("AB 481") went into effect on January 1, 2022, and requires a law enforcement agency to obtain approval of its governing body to enact a military equipment use policy before purchasing, using, raising funds for, or acquiring military equipment. AB 481 requires the policy be submitted to the City Council and posted on the City's website 30 days before a public hearing where the policy will be considered and adopted by ordinance.

Any interested person wishing to verbally comment may do so the day of the scheduled public hearing. Written comments may be submitted to [email protected] by 6:00 p.m. the day of the hearing. Comments must be limited to 200 words. Please title your email “PH Public Comment 05-02-22.” Comments will be read into the record by the City Clerk. Written comments may also be mailed to the following address: Pomona City Hall, ATTN: City Clerk's Office, 505 S. Garey Avenue, Pomona, CA 91766.

Rosalia A. Butler, MMC
City Clerk

Publication Date: April 22, 2022
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AUTHENTICATED
ELECTRON!( Ur.Al MATEllAl
Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title I of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.)

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

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it detennines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Attachment No. 3

Attachment No. 4
The Pomona City Council will use the Annual Military Equipment Report as a mechanism to ensure the Pomona Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (909) 6 20-2156

3. Via mail sent to: Pomona Police Department
Attn: Military Equipment Use Coordinator
490 W. Mission Blvd
Pomona, CA 91766
The Pomona Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

The remainder of this Military Equipment Use Policy is divided into two sections. Section one lists qualifying equipment that is owned and/or utilized by the Pomona Police Department. Section two lists qualifying equipment that is not owned or regularly utilized by the Pomona Police Department, but which is known to be owned and/or utilized by law enforcement units with which the Pomona Police Department collaborates and/or participates for law enforcement purposes.

Section O ne

1. Drones

2. Robots

3. Humvee, Bearcat & ARV

4. MICC

5. AR15 M4

6. AR15

7. AR15 - Personal

8. Remington 700

9. H&K 9mm

10. SA58

11. MI Garand

12. NFDD

13. Gas munitions

14. Pepper Ball launchers

15. 40mm

16. Beanbag shotguns

17. Tasers
ATTACHMENT NO. IV
Section One: Qualifying Equipment Owned/Utilized by the Pomona Police Department

Equipment Name: 1. Unmanned, remotely piloted, powered aerial or ground vehicles - Unmanned Aircraft Systems (UAS/Drones)
Quantity Owned/Sought: 6 owned 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.

Manufacturer Product Description:

Autel Evo II Dual: The Autel EVO II Dual is Autel's commercial/enterprise platform within the EVO II series that features a FLIR Boson 640 thermal sensor along with an 8K/20MP visual sensor. These two sensors are housed in one 3-axis gimbal stabilized camera unit. Maximum flight time on the EVO II Dual is 40 minutes in forward flight, while you can expect about 35 minutes in hover flight. $11,000

Autel Evo II 8k: The Autel EVO II Drone features an 8K Camera, making it the world's first folding 8K drone. Packed with a 1/2-inch CMOS sensor this aerial system is capable of taking 48MP stills (8000x6000px in resolution). Video on this aircraft tops out at 7720x4320 pixel. $3,000

Autel Evo II Dual: The Autel EVO II Dual is Autel's commercial/enterprise platform within the EVO II series that features a FLIR Boson 640 thermal sensor along with an 8K/20MP visual sensor. These two sensors are housed in one 3-axis gimbal stabilized camera unit. Maximum flight time on the EVO II Dual is 40 minutes in forward flight, while you can expect about 35 minutes in hover flight. $11,000

DJI Phantom 4 Plus: Featuring a 1-inch CMOS sensor that can shoot 4K/60fps videos and 20MP photos, the Phantom 4 Pro+ V2.0 grants filmmakers absolute creative freedom. The OcuSync 2.0 HD transmission system ensures stable connectivity and reliability, five directions of obstacle sensing ensures additional safety, and a dedicated remote controller with a built-in screen grants even greater precision and control. [1] A wide array of intelligent features makes flying that much easier. The Phantom 4 Pro+ V2.0 is a complete aerial imaging solution, designed for the professional creator. $1800

DJI Mavic Air 2: The DJI Mavic Air 2 boasts an impressive onboard camera that offers creative options for aerial photographers and filmmakers. The aircraft's gimbal-mounted camera takes 48-megapixel stills and shoots 4K video with High Dynamic Range (HDR) for vibrant colors and detail. It can fly for up to 34 minutes at a time, with a top speed of 42 miles per hour. Advanced Pilot Assistance Systems (APAS) 3.0 obstacle sensing helps you navigate safely. $2,200

ATTACHMENT NO. IV
LOKI MK2: Purpose built for close quarter indoor tactical scouting missions, LOKI Mk2 features a highly sensitive Day-Night + IR sensor camera giving it the ability to fly and see in complete darkness. Forward-facing, .0008 lux day/night camera with 150° wide angle field of view, on board extremely sensitive HD microphone, Integrated flight stability/hover system using only onboard sensors, front and bottom selectable and dimmable IR LED's, turtle mode allowing the drone to automatically self-right in the event of a crash, integrated connector for additional payloads, sensors and actuators, ruggedized, user repairable cloverleaf body design, purpose-built flight controller requiring no internet service, GPS, cellular-phone or tablet. $10,000

DJI Matrice 210 (owned by water dept.)
The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.

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; 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 $60,000 which was funded with Equitable Sharing Asset Forfeiture Funds.

Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $1,500 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 (Part 107) and complete all training required by our FAA COA the Pomona Police Department.

ATTACHMENT NO. IV
Other Notes: The Pomona Police Department does train and work in conjunction with other police agencies that use similar drones and similar equipment.

Equipment Name #2: Unmanned, remotely piloted, powered aerial or ground vehicles - Robots
Quantity Owned/Sought: 2 owned Lifespan: 10+ years
Equipment Capabilities: The robot is able to be deployed and operated remotely. The robot has a controller with two separate cameras that can be viewed. The robot has an active listening feature and a two way push to talk. The robot can navigate over debris, climb stairs and safely deliver gas munitions and other items, as needed.

Manufacturer Product Description:

Pacbot 510:

Military robots made by Endeavor. Man transportable, multi-mission robot with the ability to descend stairs and navigate small passages. NOT OPERATIONAL.

Transcend Tactical:

This equipment is a battery powered, remote operated device. Equipped with two cameras and two way radio capabilities. This equipment is for (potential) use during high-risk incidents. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and also if there are other subjects inside that need assistance. The two-way speakers can be used to de-escalate and determine resistance
Purpose/Authorized Uses: To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings. Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the Incident Commander
Fiscal Impacts: Initial cost for the robot was $29,967.00. There is currently no annual maintenance cost.

Legal/Procedural Rules Governing Use: It is the policy of the Pomona Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Training Required: Use is limited to members of the Departments Tech Team that have been selected to operate robots and drones. These teams work in conjunction with SWAT but are not SWAT members. Operators are selected by the agency and conduct in house training with this robot.

Other Notes: None

ATTACHMENT NO. IV
Equipment Name #3: 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.

Quantity Owned/Sought: 3 owned Lifespan: 20+ years
Equipment Capabilities: These vehicles can provide ballistic protection during tactical situations. They also assist with the safe transportation of personnel.

Manufacturer Product Description:

Humvee:

White, diesel, 4x4, Rescue vehicle used for transporting people and supplies. This vehicle is currently used as part of the Emergency Operations Center and would be utilized during a natural disaster or other event where the EOC is activated.

Bearcat:
2010 Lenco Armored Rescue Vehicle, is built on a Ford F550 Diesel Chassis. The Bearcat is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low level explosions). Equipped with nuclear/radiological detection devices, Equipped with emergency lights/siren and a public address system. Common uses for the Bearcat include citizen and officer rescues, evacuations, and the deployment of officers and chemical agents. The Bearcat is capable of breaching with an attachment that can be mounted to the front end of the Bearcat. The Bearcat is a regional mutual-aid asset.

ARV:
1993 Ford F700 armored truck. GVW 26,000 lbs. This vehicle is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low level explosions. It is equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, and the deployment of officers and chemical agents.

Purpose/Authorized Uses: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Fiscal Impacts:

Humvee: The Humvee was obtained from the military at no cost. The annual maintenance cost is less than $500 a year.

Bearcat: The original cost of the Bearcat asset was about $260,000 and was obtained through a grant. The annual maintenance is about $2,500.

ATTACHMENT NO. IV
ARV: Was obtained for $1 from a private company over 20 years ago. Over that last 15 years, about $80,000 has been put into this vehicle to upgrade the ballistic capability and suspension due to the extra weight.

Legal/Procedural Rules Governing Use: It is the policy of the Pomona Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: CA class C driver’s license and in house training relative to each of the specific vehicles.

Other Notes: None

Equipment Name: Tracked armored vehicles that provide ballistic protection to their occupants.

Quantity Owned/Sought: 0 Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes: The Pomona Police Department does not possess any of the equipment described in this section.

Equipment Name #4: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Quantity Owned/Sought: 1 owned Lifespan:20+ years
Equipment Capabilities: The MICC (Mobile Incident Command Center) is a fully functional Mobile Command Post complete with state-of-the-art interoperable radio communications equipment that could be deployed in response to significant emergency incidents. The Mobile Command Post is designed to function as an independent, fully interoperable radio communications dispatch, command and control center that would be deployed to public emergency incidents. Additionally, in the event of a major terrorist incident or other civil disaster, wherein communications from the main Police Facility became disrupted or disabled, the Mobile Command Post would become the primary backup source of radio and wireless transmissions. The Mobile Command Post would provide all radio and wireless transmissions not only for the Pomona Police Department but also for the coordination of mutual aid assistance from other public safety agencies.

Manufacturer Product Description:

White 2005 Freightliner Renegade Mobile Command Center; GVW 53880 lbs Purpose/Authorized Uses: This vehicle is used as a stand-alone Command Post for critical incidents, large scale events or in case of emergency.

ATTACHMENT NO. IV
Fiscal Impacts: The initial cost of the MICC was $367,024 when it was purchased in 2005. The MICC was refurbished and upgraded in 2017. The annual maintenance cost for the MICC is about $10,000.

Legal/Procedural Rules Governing Use: Use of the MICC is governed by all the Pomona Police Department policies and procedures and California state law governing the operation of motor vehicles.

Training Required: Class B license required to drive the command vehicle.

Other Notes: None

Equipment Name: Weaponized aircraft, vessels, or vehicles of any kind.

Quantity Owned/Sought: 0 Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes: The Pomona Police Department does not possess any of the equipment described in this section.

Equipment Name: Battering rams, slugs, and breaching apparatus that are explosive in nature
Quantity Owned/Sought: 0 Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes: The Pomona Police Department does not possess any of the equipment described in this section.

Equipment Name: Firearms and ammunition of .50 caliber or greater, excluding standard- issue shotguns and standard-issue shotgun ammunition
Quantity Owned/Sought: 0 Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

ATTACHMENT NO. IV
Other Notes: The Pomona Police Department does not possess any of the equipment described in this section.

Equipment Name #5: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. Colt AR-15 M4 Semi-automatic rifles with automatic capability and ammunition.

Quantity Owned/Sought: 17 owned Lifespan: 20+ years
Equipment Capabilities: The Colt AR-15 M4 is a semiautomatic rifle and is capable of firing .223/5.56 projectile bullet. The M4 also has full auto capability and is equipped with a red dot optic. The rifle accepts a 30 round magazine. Suppressors are attached to all department owned AR-15 .223 rifles.

Manufacturer Product Description: Colt AR-15 M4 Semiautomatic Rifles with automatic capability. The barrel length is 11.5” and the weapon has a suppressor attached along with a Trijicon red dot MRO optic. The lighting equipment consists of the Streamlight Protac light.

Duty Ammunition is the 64 grain Winchester 223 Ranger Power Practice Ammunition is the 55grain Winchester 5.56fmj
Purpose/Authorized Uses: SWAT officers have assigned Colt AR15 M4 rifles. They are authorized to carry these weapons on SWAT and during their regular assignment. This allows SWAT officers to have their equipment with them if a situation arises.

Fiscal Impacts: The initial cost of equipment was approximately $55,500. This includes rifle, light, suppressor and optics. The ongoing costs for ammunition will vary. The practice ammunition is approximately $20,000 and the duty ammunition is approximately $11,000, annually. The maintenance is conducted by departmental staff and total annual maintenance on all weapons is approximately $8,000 annually.

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

Training Required: Officers must successfully complete a 24-hour patrol rifle course as well as regular department firearms training and qualifications as required and department policy.

In addition, M4 operators must be a SWAT team member and have completed a basic 80 hour SWAT course. In addition, SWAT members are required to qualify quarterly with their assigned rifle.

Other Notes: None

Equipment Name #6: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. Colt AR-15 .223 Semi-automatic rifles and ammunition.

Quantity Owned/Sought: 136 owned Lifespan: Approximately 15+ years ATTACHMENT NO. IV
Equipment Capabilities: The Colt AR-15 .223 semi-automatic rifle is capable of firing .223/5.56 projectile bullet. The rifle accepts a 30 round magazine. Suppressors are attached to all department owned AR-15 rifles.

Duty Ammunition is the 64 grain Winchester 223 Ranger Power Practice Ammunition is the 55grain Winchester 5.56fmj
Manufacturer Product Description: The Colt AR-15 is a lightweight, magazine-fed, gas- operated semi-automatic rifle.

Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When an officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $230,000. The ongoing costs for ammunition will vary. The practice ammunition is approximately $20,000 and the duty ammunition is approximately $11,000, annually. The maintenance is conducted by departmental staff.

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

Training Required: Officers must successfully complete a 24-hour patrol rifle course as well as regular department firearms training and qualifications as required and within department policy.

Other Notes: None

Equipment Name #7: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. Colt AR-15 .223 Semi-automatic rifles and ammunition.

Quantity Owned/Sought: 17 Lifespan: Approximately 15+ years Equipment Capabilities: The Colt AR-15 .223 semi-automatic rifle is capable of firing .223/5.56 projectile bullet. The rifle accepts a 30 round magazine. Suppressors are attached to all department owned AR-15 rifles.

ATTACHMENT NO. IV
Duty Ammunition is the 64 grain Winchester 223 Ranger Power Practice Ammunition is the 55grain Winchester 5.56fmj
Manufacturer Product Description: The Colt AR-15 is a lightweight, magazine-fed, gas- operated semi-automatic rifle.

Purpose/Authorized Uses: Sworn officers are authorized to purchase personally owned AR15 rifles to be used in the course of their employment as a peace officer with the City of Pomona. These rifles require written authorization from the Chief of Police before they can be purchased and used.

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When an officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.

Fiscal Impacts: There is no fiscal impact since the weapons are personally owned. The rifles are the responsibility of the individual officer and must be inspected by the Pomona Police Department Range Master once a year. Ammunition is provided to the officers that choose to carry their personal rifle.

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

Training Required: Officers must successfully complete a 24-hour patrol rifle course as well as regular department firearms training and qualifications as required and within department policy.

Other Notes: None

Equipment Name #8: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. Remington 700 .308 rifle and ammunition.

Quantity Owned/Sought: 4 owned Lifespan: 20 years
Equipment Capabilities: Remington 700 .308 rifle with Leupold scope.

Manufacturer Product Description: Remington 700 .308 rifle with 22" barrel.

ATTACHMENT NO. IV

1. After market muzzle break

2. Bolt action

3. Attached Harris bipod

4. Leupold MK4 scope

Ammunition is Winchester HPBT 168 grain
Purpose/Authorized Uses: This rifle is authorized for use by a trained SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When the officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.

Fiscal Impacts: This equipment was purchased by the Pomona Police Department for $12,000. The ongoing costs for ammunition will between $1500 and $3000 depending on use and market price. Maintenance is conducted by departmental staff.

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

Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT marksman must successfully complete a CA POST certified marksmanship course as well as regular SWAT training and qualification as required and department policy.

Other Notes: The Pomona Police Department currently has 4 SWAT marksman and they follow the training requirements to deploy the listed rifles.

Equipment Name #9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. Heckler & Koch 9mm MP5.

Quantity Owned/Sought: 7 owned Lifespan: 20 years
Equipment Capabilities: The MP5 offers a handgun caliber (9mm) compact weapon that is versatile during close quarter tactical operations.

Manufacturer Product Description: Heckler & Koch (H&K) small compact semi-automatic 9mm MP5 with fully automatic capability.

Ammunition: 9mm Winchester 124g fmj (practice); 124g +P Ranger T-series (duty) ATTACHMENT NO. IV
Purpose/Authorized Uses: This rifle is authorized for a SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When the officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.

Fiscal Impacts: This equipment was purchased by the Pomona Police Department for $16,000, this includes rifles and lights. The department has owned these particular weapons for about 20 years. The ongoing costs for ammunition is about $9,000 annually for the 9mm.

This includes practice and duty ammunition. Maintenance is conducted by departmental staff.

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

Training Required: 24 hour patrol rifle and standard SWAT Operator course in addition to regular SWAT training and qualifications as required and by department policy.

Other Notes: None

Equipment Name #10: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns. Springfield SA-58 semi-automatic .308 Sniper Rifles.

Quantity Owned/Sought: 3 owned Lifespan: 20 years
Equipment Capabilities: Springfield SA-58 semiautomatic .308 Rifles used for standoff marksmanship capabilities.

Ammunition is Winchester HPBT 168 grain
Manufacturer Product Description: Springfield SA-58 semiautomatic .308 Rifles.

Ammunition is Winchester HPBT 168 grain
Purpose/Authorized Uses: This rifle is authorized for use by trained SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable ATTACHMENT NO. IV
expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:
• Situations where the officer reasonably anticipates an armed encounter. • When the officer is faced with a situation that may require accurate and effective fire at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
• When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When an officer reasonably believes that a suspect may be wearing body armor. • When authorized or requested by a supervisor.

Fiscal Impacts: This equipment was purchased by the Pomona Police Department for $7,500.

The ongoing costs for ammunition will between $1500 and $3000 depending on use and market price. Maintenance is conducted by departmental staff.

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

Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT marksman must successfully complete a CA POST certified marksmanship course as well as regular SWAT training and qualifications as required and by department policy.

Other Notes: The Pomona Police Department currently has 4 SWAT marksman and they follow the training requirements to deploy the listed rifles.

Equipment Name #11: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard issue handguns. M1 Garand rifles Quantity Owned/Sought: 8 owned Lifespan: 20 years
Equipment Capabilities: Semi-automatic rifle that fires a blank cartridge.

Manufacturer Product Description: M1 Garand rifle is semi-automatic rifle that was issued to service members in World War II
Purpose/Authorized Uses: These weapons are used by members of the Honor Guard for ceremonies and funerals only. Only members of the Honor Guard use these weapons.

Fiscal Impacts: This equipment was obtained from the military at no cost. Maintenance is conducted by departmental staff.

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

Training Required: No training required. The guns are for ceremonies only and have been modified to fire blanks only. They are not used for any other purpose.

Other Notes: None
ATTACHMENT NO. IV

Equipment Name: Any firearm or firearm accessory that is designed to launch explosive projectiles
Quantity Owned/Sought: 0 Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes: The Pomona Police Department does not possess any of the equipment described in this section.

Equipment Name #12: Noise-flash diversionary devices (NFDD) and explosive breaching tools.

Quantity Owned/Sought: 22 Lifespan: 5 years
Equipment Capabilities: The NFDD creates a distraction by introducing light and sound Manufacturer Product Description: This product is manufactured by Def Tech. It is identified as a NFDD (Noise Flash Distraction Device) and is used in a tactical situation.

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

Purpose/Authorized Uses: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Diversionary Devices shall only be used in the following:
• SWAT officers who have been trained in their proper use • In hostage and barricaded subject situations.
• During other high-risk situations where their use would enhance officer safety. • During training exercises
• In high risk warrant (search/arrest) services where there may be extreme hazards to officers.

Fiscal Impacts: The cost for each replacement insert is $30. The insert is a one-time use. The total cost for all inventory is about $700.

Legal/Procedural Rules Governing Use: It is the policy of the Pomona Police Department to only utilize diversion devices for official law enforcement and training purposes, and ATTACHMENT NO. IV
pursuant to State and Federal law regarding the use of force. Only officers that have attended an 80 hour SWAT school and are current with NFDD training are certified to use this device.

Training Required: Officers must receive bi-annual training from a certified flashbang instructor. These are only used by active members of the SWAT team that have received the training.

Other Notes: None

Equipment Name #13: Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray
Quantity Owned/Sought: 58 owned Lifespan: 5 years
Equipment Capabilities: The listed munitions are all designed to safely bring a resolution to a potentially dangerous situation. The use of chemical munitions offers a non-lethal option during civil unrest or tactical situations.

Manufacturer Product Description:

Triple Chaser - #1026 The OC Triple-Chaser Pyrotechnic munition is one of our first-ever pyrotechnic munitions that combines the effectiveness of Oleoresin Capsicum (OC) as an irritant and inflammatory agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions for crowd control. The Triple-Chaser OC consists of three separate canisters pressed together. This grenade can be hand thrown or launched from a delivery system. The munition is 6.5 in. by 2.7 in. and holds approximately 1.06 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Currently have 12 of these munitions at a cost of about $450.

Tri-Chamber Flameless - #1032 The design of the Tri-Chamber Flameless CS munition allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The munition is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This munition will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless munition can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless munition is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless munition provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless munition is NOT to be launched utilizing a launching cup. Currently have 11 of these munitions at a cost of about $375.

Riot Control CS - #1082 The Riot Control CS munition is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in ATTACHMENT NO. IV
approximately 20-40 seconds through four gas ports located on the top of the canister. This munition can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable munition is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Currently have 14 of these munitions at a cost of about $400.

Han-Ball - #1092 The Han-Ball™ CS munition is an outdoor use munition expelling its payload in approximately 15-20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuse head, and 3.1 in. diameter. This launchable munition holds approximately

1.6 oz. of active agent which is expelled through three ports around the equator of the ball.

Due the intense heat generated by this munition, it should not be used inside a building or near flammable material. Currently have 14 of these munitions at a cost of about $425.

Pocket Tactical - #1016 The Pocket Tactical CS munition is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable munition; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical munition. Currently have 1 of these munitions at a cost of about $20. 12 Gauge Liquid Ferret - #3012 The Ferret® 12-Gauge Liquid CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a 2.5 in. 12-Gauge round deploying .025 oz. of active agent. Currently have 5 of these munitions at a cost of about $30.

MK9 12oz OC Canister -#56095 The MK-9 features an easy to use trigger handle and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This OC/CS aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff. Currently have 5 of these munitions at a cost of about $155.

HC Smoke - #1073 The Maximum Smoke munition is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 1.5 – 2 minutes through four gas ports located on the top of the canister. This munition can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable device is 6.0 in. by 2.6 in. and holds approximately 2.9 oz. of active agent. Currently have 5 of these munitions at a cost of about $200.

CS Baffled Canister, Pyro, Low Flame – CTS #5203B The canister releases a CS smoke that is released into the structure or vehicle. Currently have 39 of these munitions at a cost of about $1700.

ATTACHMENT NO. IV
12GA Launching Cartridge – CTS #2600 These rounds can be fired from most 12 Gauge smooth-bore shotguns such as the Remington 870 and Mossberg 500. The launching projectile is used to project the gas munition from a gas cup attached to the shotgun.

Currently have 61 of these munitions at a cost of about $300.

Purpose/Authorized Uses: These gas munitions are only used during tactical situations by the SWAT team and in times of extreme civil unrest. During civil unrest, the deployment of chemical munitions will be outlined in an operations plan that has been approved by the Chief of Police or his/her designee.

Fiscal Impacts: A full gas order costs approximately $8,000-$10,000 and the munitions expire after 5 years. The Pomona Police Department completes a half order every 2.5 years. By staggering the order, the department always has current gas munitions available. Once the gas munitions expire, they are used for training purposes and the newer gas munitions are rotated into service. The estimated replacement costs are about $10,000 every 5 years or $2,000 per year. These munitions may be replenished during the year based on need and use.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pomona Police Department Policies on use of force, crowd control and tactical situations.

Training Required: Training is required for anyone that uses or deploys any of the listed gas munitions. Other than department issued pepper spray, only members of the SWAT team are trained and certified to use these gas munitions and launching systems.

Other Notes: The Pomona Police Department currently has 3 certified gas instructors that handle all the department training related to gas munitions.

Equipment Name: TASER shockwave, microwave weapons, water cannons, and long range acoustic devices (LRAD)
Quantity Owned/Sought: 0 Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes: The Pomona Police Department does not possess any of the equipment described in this section.

Equipment Name #14: Kinetic Energy Weapons and Munitions – Pepper Ball Launcher Quantity Owned/Sought: 7 owned Lifespan: 20 years
Equipment Capabilities: The Tippmann .68 cal rifle uses CO2 to project the projectile approximately 60’. The Livex projectile is The Live X Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 Pepper Ball rounds. Discharged from a Pepper Ball Launcher, the projectile has a velocity of 280-350 ATTACHMENT NO. IV
FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder.

Manufacturer Product Description: Tippmann .68 cal, CO2 powered projectile launcher

Munitions: Live X Pava rounds, inert rounds, and glass breaker rounds. $1000 for 350 count Live X pava.

Purpose/Authorized Uses: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
• Self-destructive, dangerous and /or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances were a tactical advantage can be obtained • Training exercises or approved demonstrations.

Only those officers who have been trained in the use of Pepper Ball launchers are authorized to use the Pepper Ball launchers.

Fiscal Impacts: The cost of the Pepper Ball launchers was approximately $2,000.

Pepper ball rounds: Pava rounds, inert rounds, and glass breaker rounds. $1000 for 350 count Livex pava. The department currently has about 1690 pava rounds which totals to approximately $4,800.

Legal/Procedural Rules Governing Use: It is the policy of the Pomona Police department to utilize Pepper Ball only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: All applicable State, Federal and Local laws governing police use of force.

Various Pomona Police Department Policies on Use of Force and Crowd Control. Officers must complete a department certified course as well as regular training and qualifications as required and by department policy.

Other Notes: None

Equipment Name #15: Kinetic Energy Weapons and Munitions - 40mm Launchers Quantity Owned/Sought: 5 launchers owned/
199 munitions
Lifespan: Approximately 15 years
Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions and gas munitions.

The 40mm munitions include:

Def Tech DT6325 The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications. Currently have 141 of these munitions at a cost of about $2600.

ATTACHMENT NO. IV

Def Tech DT6064 The 40 mm Muzzle Blast OC Round is widely used as a crowd management tool for the immediate and close deployment of chemical agent. It can also be employed in tactical operations such as barricaded subjects for area denial, area contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges for indoor or outdoor operations. It has a maximum effective range of 30 feet /9.1 meters. Currently have 57 of these munitions at a cost of about $1500.

Def Tech DT2262 40mm Ferret - The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it 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 of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Currently have 18 of the munitions at a cost of about $400.

ALS 4060 Hornets’ Nest, .60 Cal. Rubber Balls - This is a 40mm area fire round that can be direct or skip fired, producing blunt trauma and pain compliance. The round is most effective when used within the optimal range of 2-20 yards. Operators should be well trained in the use of Less Lethal munitions regarding shot placement including, but not limited to, factors such as level of threat, target distance, and clothing. The optimal range allows for accurate targeting of the large muscle groups of the subject providing sufficient pain stimulus while greatly reducing the risk of serious or life-threatening injuries. Currently have 40 of these munitions.

Manufacturer Product Description: Defense Technology Federal Laboratories 40MM launchers. These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single-shot, spring- advance multi, and pump-advance multi-versions.

The Defense Technology Federal Laboratories Launcher is not a firearm, but a Less-Lethal systems that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher is capable of launching 40MM munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.

Situations for use of the less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.

ATTACHMENT NO. IV
• Potentially vicious animals.
• Training exercises or approved demonstration
Fiscal Impacts: The initial cost of this equipment was approximately $9,000. The ongoing costs for munitions will vary between $0 and $2000 annually, depending on need.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pomona 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 and by department policy.

Other Notes: None.

Equipment Name #16: Kinetic Energy Weapons and Munitions – Bean Bag Shotguns Quantity Owned/Sought: 71 owned Lifespan: 20 years
Equipment Capabilities: Dedicated Mossberg 500 series shotguns are able to fire bean bag munitions. The shotguns hold a total of 10 bean bag munitions.

Manufacturer Product Description: Mossberg 500 series, pump action 16” barrel. These shotguns are green in color so they are clearly identified as bean bag use only; ALS 12 gauge bean bag munitions: 12ga stabilized bean bag munition that is designed to produce blunt trauma and pain compliance. The bean bag is designed for exceptional flight ballistic stability to provide accuracy from smooth bore shotguns. The bag is filled with #9 lead shot and has a weight of 40 grams.

Purpose/Authorized Uses: Situations for use of the less lethal weapon systems may include, but are not limited to:
• Riot/crowd control and civil unrest incidents.
• Potentially vicious animals.
• Training exercises or approved demonstration
• The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
• The suspect has made credible threats to harm him/herself or others. • The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
• There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

Fiscal Impacts: The initial cost of the dedicated bean bag shotguns was approximately $35,000. The ongoing costs for munitions will vary between $0 and $2000 annually, depending on need and use. The department currently has about 800 bean bag munitions which cost about $4,800. Maintenance is conducted by departmental staff.

ATTACHMENT NO. IV
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pomona Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete department certified bean bag training and qualifications as required and by department policy.

Other Notes: None

Equipment Name #17: Kinetic Energy Weapons and Munitions – Taser X26P Quantity Owned/Sought: 196 owned Lifespan: 10 years
Equipment Capabilities: The TASER X26P Conducted Electrical Weapon (CEW) uses Shaped Pulse Technology and Charge Metering to calculate the current output to ensure incapacitation using the lowest effective electrical charge. The X26P improves on the Smart TASER platform introduced by enhancing safety, accountability, and functionality.

Manufacturer Product Description: The TASER X26P is light weight and software upgradable.

Utilizes a digital power magazine which not only powers the TASER X26P but also remembers energy use and calculates life expectancy of the magazine. A central information display indicates battery level, a countdown timer during an activation and warranty information. 6″ (L) x 3.2″ (W) x 1.3″ (H).

The X26P uses propelled wires to deliver an incapacitating pulse that overrides the sensory and motor functions of the nervous system. This powerful Neuro Muscular Incapacitation (NMI) technology can stop even the most aggressive individuals, including those under the influence of drugs and/or alcohol. They use a replaceable cartridges containing inert, compressed nitrogen to fire two small probes that are attached to 15 foot insulated conductive wires. Energy is sent over the wires into the probes, which can penetrate up to two cumulative inches of clothing. The charge is transmitted between the two probes, jamming sensory and motor functions, and inhibiting muscular control.

Purpose/Authorized Uses: Situations for use of the less lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstration
Fiscal Impacts: The initial cost of the Taser X26P was approximately $240,000. There is no real maintenance costs involved with the Taser.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force and various Pomona Police Department Policies on Use of Force Training Required: Officers must complete a department certified Taser course as well as regular training and qualifications as required and by department policy.

Other Notes: None
ATTACHMENT NO. IV

Equipment Name: Any other equipment as determined by a governing body or a state to require additional oversight
Quantity Owned/Sought: Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes:

ATTACHMENT NO. IV
Section Two: Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Pomona Police Department collaborates and/or participates for law enforcement purposes
Equipment Name:

Quantity Owned/Sought: Lifespan:

Equipment Capabilities:

Manufacturer Product Description:

Purpose/Authorized Uses:

Fiscal Impacts:

Legal/Procedural Rules Governing Use:

Training Required:

Other Notes:

ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
Attachment No. 5
ASSEMBLY BILL 481

BACKGROUND AND HISTORY
• AB 481 became law on September 30, 2021and went into effect on January 1, 2022. • Requires police departments to implement a policy by way of ordinance, inventory & annual report regarding a law enforcement agency’s inventory of military equipment. • Future purchases meeting the definition from AB 481 will require City Council approval.

ASSEMBLY BILL 481

POLICY/ ORDINANCE
• Pomona Police Policy 702 – Military Equipment
• PURPOSE AND SCOPE - The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment. • AB 481 Identifies specific qualifying equipment and requirement to publicly provide an inventory.
• Annual Report – Outlining all military equipment approved within one year and annually thereafter. Report should be made available on the department website. • Community Engagement – Publicized meeting within 30 days of submitting and releasing the annual report.

ASSEMBLY BILL 481

POMONA POLICE EQUIPMENT INVENTORY
• (6) Drones/ (2) Robots – Drones use by SWAT, Patrol and Traffic. • Humvee, Bearcat, ARV & MICC Vehicles
• (17) Colt AR15 M4 Rifles
• (136) Colt AR15 Rifles
• (4) Remington 700 Rifles
• (7) H&K 9mm Firearm
• (3) SA58 Rifle
• (8) MI Garand Ceremonial Rifles
• (22) Noise Flash Diversionary Device
• (58) Gas munitions/ (7)Pepper Ball launchers/ (5)40mm • (71) Mossberg Less Lethal Shotguns
• (196) Tasers
ASSEMBLY BILL 481

ANNUAL REPORT
• Summary of equipment use and purpose.
• Summary of complaints or concerns received.
• Results of internal audits.
• T otal annual cost for each type of equipment, to include acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs. • Quantity possessed for each item in the inventory.
• Upcoming year purchases