San Bruno City Council
May 23, 2023

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinio n on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

City of San Bruno’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the findings identified in our engagement and descri bed in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Badawi & Associates, CPAs
Berkeley, California
April 26, 2023
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REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM

AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM

GUIDANCE
Independent Auditor’s Report
To the Honorable Mayor and Members of the City Council
of the City of San Bruno
San Bruno, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of San Bruno, California (City)’s compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2022. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022.

Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Admini strative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Audit or’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City an d to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not prov ide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the City’s federal programs.
3 300 of 369

To the Honorable Mayor and Members of the City Council
of the City of San Bruno
San Bruno, California

Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than fo r that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.

Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regard ing the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
• Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control Over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over c o m p l i a n c e d o e s n o t a l l o w m a n a g e m e n t o r e m p l o y e e s , i n t h e n o r m a l c o u r s e o f p e r f o r m i n g t h e i r assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in in ternal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compli ance, yet important enough to merit attention by those charged with governance.
4 301 of 369

To the Honorable Mayor and Members of the City Council
of the City of San Bruno
San Bruno, California

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. Given these limitations, we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that have not been identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the re sults of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated April 26, 2023, which contained unmodified opinions on those financial statemen ts. Our audit was conducted for the purpose of forming opinions on the financial statements that co llectively comprise the basic financial statements.

The accompanying schedule of expenditures of federa l awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other reco rds used to prepare the basic financial statements.

The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, in cluding comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United St ates of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in a ll material respects in relation to the basic financial statements as a whole.

Badawi & Associates, CPAs
Berkeley, California
April 26, 2023
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City of San Bruno
Single Audit Report
Schedule of Expenditures of Federal Awards
For the year ended June 30, 2022
Assistance Agency or
Federal Grantor/Pass-Through Listing Pass-Through Federal Grantor Program Title Number Number Expenditures
Department of Health and Human Services:

Aging Cluster
Passed through San Mateo County Aging and Adult Service Department:

Special Programs for the Aging, Title III, Part B, Grants for Supportive Services and Senior Centers 93.044 57000-FY22-R078255H 8,916$ Special Programs for the Aging, Title III, Part C, Nutrition Services 93.045 57000-FY22-R078255H 83,622
COVID-19 - Special Programs for the Aging, Title III, Part C, Nutrition Services 93.045 57000-21-077969Q 42,488
Nutrition Services Incentive Program 93.053 57000-FY22-R078255H 41,325 Subtotal Aging Cluster 176,351
Direct:

Medical Library Assistance 93.879 1,499
Total Department of Health and Human Services 177,850
Department of Homeland Security:

Direct:

Hazard Mitigation Grant (HMGP) 97.039 36,739$
Passed through California Governor's Office of Emergency Services:

Disaster Grants-Public Assistance (Presidentially Declared Disasters) 97.036 FEMA-4482-DR-CA 14,033
Total Department of Homeland Security 50,772
U.S. Environmental Protection Agency:

Passed through San Mateo County:

The San Francisco Bay Water Quality Improvement Fund 66.126 200,000$ Total U.S. Environmental Protection Agency 200,000
U.S. Department of Justice:

Direct:

Equitable Sharing Program 16.922 245,768$
Total U.S. Department of Justice 245,768
(continued)
See accompanying Notes to Schedule of Expenditures of Federal Awards. 7 304 of 369

City of San Bruno
Single Audit Report
Schedule of Expenditures of Federal Awards
For the year ended June 30, 2022
Assistance Agency or
Federal Grantor/Pass-Through Listing Pass-Through Federal Grantor Program Title Number Number Expenditures
Department of Transportation:

Highway Safety Cluster
Passed through State of California Department of Transportation:

State and Community Highway Safety 20.600 PT22067 26,244$ State and Community Highway Safety 20.600 PT21050 4,629 Subtotal Highway Safety Cluster 30,873
Passed through State of California Department of Transportation:

Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 PT22067 2,436$
Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 PT21050 20,681
Subtotal Minimum Penalties for Repeat Offenders for Driving While Intoxicated Program 23,117 Total Department of Transportation 53,990
U.S. Department of Treasury:

Passed through State of California Department of Finance:

Coronavirus Relief Fund (COVID-19) 21.019 6082 64,427$
Passed through State Water Resources Control Board:

Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 777,251$ Passed through San Mateo County:

Coronavirus State and Local Fiscal Recovery Funds 21.027 SFLRP0201 34,220 Direct:

Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 3,010,351 Subtotal Coronavirus State and Local Fiscal Recovery Funds 3,821,822 Total U.S. Department of Treasury 3,886,249
National Endowment for the Humanities
Passed through Institute of Museum and Library Services:

Grants to States 45.310 N/A 18,647$
Total National Endowment for the Humanities 18,647
Total Expenditures of Federal Awards 4,633,276$
See accompanying Notes to Schedule of Expenditures of Federal Awards. 8 305 of 369

City of San Bruno
Notes to the Schedule of Expenditures of Federal Awards For the year ended June 30, 2022
A. Reporting Entity
The Schedule of Expenditure of Federal Awards (the Schedule) includes expenditures of federal awards for the City of San Bruno, California as disclosed in the notes to the Basic Financial Statements.

B. Basis of Accounting
Funds received under the various grant programs have been recorded within the general, special revenue, and capital projects funds of the City. The City utilizes the modified accrual basis of accounting for the general, special revenue, and capita l projects funds. Expenditures of federal awards reported on the Schedule of Expenditures of Federal Awards (Schedule) are recognized when incurred.

C. Relationship of Schedule of Expenditures of Federal Awards to Financial Statements The accompanying Schedule presents the activity of all federal financial assistance programs of the City.

Federal financial assistance received directly from federal agencies as well as federal financial assistance passed through the State of California is included in the Schedule.

The Schedule was prepared only from the accounts of various grant programs and, therefore, does not present the financial position or results of operations of the City.

D. Pass-Through Entities’ Identifying Number
When federal awards were received from a pass-through entity, the Schedule shows, if available, the identifying number assigned by the pass-through en tity. When no identifying number is shown, the City determined that no identifying number is a ssigned for the program or the City was unable to obtain an identifying number from the pass-through entity.

E. Indirect Costs
The City did not elect to use the 10% de minimis indirect cost rate. 9 306 of 369

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City of San Bruno
Schedule of Findings and Questioned Costs
For the year ended June 30, 2022
Section I – Summary of Auditor’s Results
Financial Statements
Types of auditors’ report issued on whether financial statements audited were prepared in accordance with GAAP Unmodified Internal control over financial reporting:
x Material weakness(es) identified? Yes
x Significant deficiency(ies) identified? None noted
Any noncompliance material to the financial statements noted? No Federal Awards
Internal control over major programs:
x Material weakness(es) identified? No
x Significant deficiency(ies) identified? None noted
Type of auditor’s report issued on compliance for major programs Unmodified Any audit findings disclosed that are required to be reported in accordance with section 200.516(a)? No
Identification of major programs:

Dollar threshold used to distinguish between type A and type B program $750,000 Auditee qualified as low-risk auditee under
s e c t i o n 2 0 0 . 5 2 0 ? N o
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City of San Bruno
Schedule of Findings and Questioned Costs, Continued
For the year ended June 30, 2022
Section II – Current Year Findings
A. Financial Statement Audit
2022-01: CityNet Enterprise Fund Advance Balance and Net Deficit (Material Weakness) Criteria: When one fund provides a loan to another fund, the repayment of that loan should be reasonably certain to occur and made within a reasonable time.

Condition: The General Fund has an advance loan with the CityNet Enterprise Fund in the amount of $15.2 million for various capital improvements. This is an increase of $1.1 million over the prior year. In the past six fiscal years, the CityNet Enterprise fund has shown the following net operating losses and deficit Net Position:

Fiscal Year
Ending
Net
Operating
Loss
Ending Net
Position
2022 ($859,995) ($18,675,652)
2021 (904,625) (17,878,960)
2020 (1,746,354) (16,972,152)
2019 (2,420,476) (15,222,735)
2018 (2,461,627) (12,798,321)
2017 (1,717,008) (10,275,885)
This finding was first reported in fiscal year 2017-18 and repeated since.

Cause: The CityNet Enterprise Fund customer base declined by 10% in fiscal year 2021-22, while costs remained above user charges.

Effect: The continuing operating losses cause the CityNet Enterprise fund’s net position to deteriorate, and the fund to borrow more from the General Fund to cover negative cash. This casts considerable doubt that the City Net Enterprise Fund will be able to accumulate enough funds to pay back the General Fund within a reasonable amount of time.

Recommendation: The City should examine its business plan for the fund and determine at what point repayment of this money will commence and to make sure that the enterprise fund is sustainable.

Management’s Response: The CityNet enterprise fund continues to have operating losses each year, with a loss of $859,995 in fiscal year 2021-22 and a loss of $904,625 in 2020-21. The City has taken measures to improve revenue collections as well as subscription margins. Additional progress has been made towards continued reduction of operating losses and improvement of subscription margins going forward, to be supported by the launch of asset light, state of the art, internet delivered TV by the end of fiscal year 2023. To accelerate repayment of the interfund loan and implement a repayment timeline, an improvement is necessary to the Enterpri se’s aging internet and TV delivery technology to make the Enterprise fully competitive, improve its position as a going concern, attract more customers and commence the payback of the loan from the General Fund. This improvement would be accomplished by the rollout of fiber technology. Init ial funding for the rollout has been approved by the Council pending presentation of a detailed rollout plan. 12 309 of 369

City of San Bruno
Schedule of Findings and Questioned Costs, Continued
For the year ended June 30, 2022
Section II – Current Year Findings, Continued
A. Financial Statement Audit, Continued
2022-02: Stormwater Fund Operating Losses (Material Weakness) Criteria: The Stormwater Enterprise Fund, as a proprietary fund, should be self-sustaining by charging user fees to cover costs.

Condition: The Stormwater Enterprise Fund had a net oper ating loss of $590,107 in fiscal year 2021-22, and $715,807 in fiscal year 2020-21. This gives raise to the risk that the Stormwater Enterprise Fund will not continue to be a going concern without external resources.

Cause: User fees received from the property tax roll, and grants applied and received, are not enough to cover the costs associated with stormwater-related operations.

Effect: The General Fund has transferred cash to the St ormwater Enterprise Fund to keep it solvent.

This amounted to $1,000,000 in fiscal year 2021-22.

Recommendation: The City should charge users an appropriate amount to cover costs of service.

Management’s Response: The Stormwater Enterprise fund continued to have operating losses in fiscal year 2022 and requires transfers in from the General Fund to maintain a positive fund balance.

Management has evaluated the fund and agrees that the charges for services are not currently adequate for the costs of those services. A previous storm drai nage and flood protection fee initiative to adjust rates was rejected by the voters. The City is currently exploring alternative options to close the funding gap and is working with the City Council and othe r interested stakeholders to find an acceptable solution.
2022-03: Year-End Close and Audit Preparedness (Material Weakness) Criteria: The City is responsible for fair presentation of the financial statements in conformity with accounting principles generally accepted in the Unit ed States of America. In addition, the City is responsible for the accuracy and completeness of all information provided and maintaining adequate records for the audit.

Condition: There were delays in starting the audit. Our audit procedures identified some significant adjustments to the trail balance provided by the City. Listed below are some of the significant adjustments proposed to the City:
o ARPA revenue was not properly recorded as unearned
o Other grant revenue was not properly recorded as unearned o To reclass revenue from a fiduciary fund to the General Fund o To correct missing AP accruals
o To correct receivables balances
x The schedules initially provided for Accounts Payable could not be tied to the GL, as they were not complete.
x We had difficulties in our payroll test as the City was unable to find the approved forms supporting the current pay rate for several employees. No forms were found for one employee. 13 310 of 369

City of San Bruno
Schedule of Findings and Questioned Costs, Continued
For the year ended June 30, 2022
Section II – Current Year Findings, Continued
A. Financial Statement Audit, Continued
2022-03: Year-End Close and Audit Preparedness (Material Weakness), continued Cause: The City did not start the closing process in a ti mely manner. Turnover of staff in the Finance Department caused additional delays. The City’s closing process was not comprehensive enough to identify timely all the journal entries and adjustments needed to ensure the accuracy of the various account balances.

Effect: Delays in the closing process caused delays in the audit start time. The City’s accounting records needed significant adjustments after the closing of the books and during the audit. These issues caused the City to miss the March 31, 2023 Single Audit reporting deadline.

Recommendation: We recommend that the City begin closing earlier and update its closing procedures to ensure all transactions and adjustments are accounted for timely before the audit starts.

Management’s Response: The City agrees that the previous absence of a structured and documented year-end closing process created a risk of noncompliance with federal statutes, regulations, and terms and conditions of grant awards. The City has already developed a draft year-end closing process for future years. Additionally, in 2023-24, the Ci ty will train all Finance Department staff members relevant to the closing and audit preparedness process to ensure full compliance is achieved.

B. Federal Award Program Audit
No current year federal award program audit findings.
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City of San Bruno
Schedule of Findings and Questioned Costs, Continued
For the year ended June 30, 2022
Section III- Prior Year Findings
A. Financial Statement Audit
2021-01: CityNet Enterprise Fund Advance Balance and Net Deficit (Material Weakness) Criteria: When one fund provides a loan to another fund, the repayment of that loan should be reasonably certain and within a specific time.

Condition: The General Fund has an advance loan with the CityNet Enterprise fund in the amount of $14.1 million for various capital improvements. This is an increase of $491 ,000 over last year. In the five fiscal years, the CityNet Enterprise fund has shown the following net operating losses and deficit Net Position:

Fiscal Year
Ending
Net
Operating
Loss
Ending Net
Position
2021 ($904,625) ($17,878,960)
2020 (1,746,354) (16,972,152)
2019 (2,420,476) (15,222,735)
2018 (2,461,627) (12,798,321)
2017 (1,717,008) (10,275,885)
This issue was first commented in fiscal 2018 and has been repeated since.

Cause: The CityNet Enterprise fund customer base declin ed further in fiscal year 2020-21. Additional operating loss was attributable to uncollected subscriber revenues as a result of the COVID moratorium on disconnections.

Effect: The CityNet Enterprise fund might not be able to accumulate enough funds to pay back the General Fund within a reasonable time.

Recommendation: The City should examine its business plan for the fund and determine at what point repayment of this money will commence and to make sure that the enterprise fund is sustainable.

Management’s Response: Management concurs with this recommendation and steps have been taken this year to improve revenue collections and subscription margins. With the adoption and implementation of the new, internet focused business plan in 2019, accompanied by a new rate structure and continuously implemented vendor cost controls, progress has been made annually in reducing the net operating loss since 2018. Management expects continued reduction of operating losses and improvement of subscription margins going forward, supported by the launch of asset light, state of the art, internet delivered TV in the second half of fiscal 2020-21. To accelerate repayment of the interfund loan and implement a repayment timeline, an improvement is necessary to the Enterprise’s aging internet and TV delivery technology to make the Enterprise fully competitive and attract more customers. This improvement would be accomplishe d by the rollout of fiber technology. Financial options to fund the rollout are being assessed.

B. Federal Award Program Audit
No prior year federal award program audit findings.
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San Bruno, California
Auditor’s Communication with
Those Charged with Governance
For the year ended June 30, 2022

314 of 369

315 of 369

April 26, 2023
To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California
We have audited the financial statements of the City of San Bruno (City) as of and for the year ended June 30, 2022 , and have issued our report thereon dated Ap ril 26, 2023. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility in Relation to the Financial Statement Audit and the Single Audit As communicated in our engagement letter dated September 14, 2022, our responsibility, as described by professional standards, is to form and express opinions about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional st andards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We also considered internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with the Uniform Guidance.

We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process.

However, we are not required to design procedures for the purpose of identifying other matters to communicate to you.

We have provided our findings regarding significan t control deficiencies over financial reporting and material weaknesses, and material noncompliance, and other matters noted during our audit in the “Report on Internal Control Over Financial Reporting and on compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards” dated April 26, 2023.

316 of 369

To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated to you.

Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, our firm, and our network firms have complied with all relevant ethical requirements regarding independence.

Significant Risks Identified
We have identified the following significant risks:
x Risk of Management Override of Internal Controls – A risk of management override of internal controls exists at any entity where management can change or decide not to perform that entity’s internal controls.
x Revenue Recognition Risk – Errors in revenue recognition can affect bond covenant ratios and the net position of the City.
x High Turnover Risk – A risk that institutional knowledge is lost. Routine or closing journal entries could be missed entirely, or methods of estimation altered.

Qualitative Aspects of the Entity’s Significant Accounting Practices Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements. There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during the year ended June 30, 2022. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements are capital asset depreciation and useful life, pension plan assumptions, and claims payable estimates.

317 of 369

To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

Management’s estimate of capital asset depreciation and useful life, pension plan assumptions, and claims payable are based on historical useful lives of such assets, actuarial assumptions for pension and claims payable. We evaluated the key factors and a ssumptions used to develop the estimate of capital assets depreciation and useful life, pension assumptions, and claims payable estimates and determined that they are reasonable in relation to the basic financial statements taken as a whole and in relation to the applicable opinion units.

Financial Statement Disclosures
Certain financial statement disclosures involve si gnificant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to:
x Summary of Significant Accounting Policies
x Cash and Investments
x Long-term Debt
x Capital Assets
x Public Employees’ Retirement System
x Going Concern
x Prior Period Adjustment
Significant Difficulties Encountered during the Audit
We encountered no significant difficulties in dealing with management relating to the performance of the audit.

Uncorrected and Corrected Misstatements
For purposes of this communication, professional standards also require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of mana gement. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. Management has corrected all identified misstatements. Uncorrected misstatements or matters underlying those uncorrected misstatements could potentially cause future- period financial statements to be materially misstated, even though the uncorrected misstatements are immaterial to the financial statements currently under audit.

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To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attention of management as a result of our audit procedures. The following material misstatements that we identified as a result of our audit procedures were brought to the attention of, and corrected by, management:

Account Description W/P
Ref Debit Credit
Audit Adjusting Journal Entries
Audit Adjusting Journal Entries JE # 1
To reclass ARPA revenues as unearned revenues and remove the receivable.
006-9010-4475 AMERICAN RESCUE PLAN ACT FUNDS 5,120,172.00 006-9010-4475 AMERICAN RESCUE PLAN ACT FUNDS 1,277,007.53 006-1299 ACCTS.RECBLE-OTHER 5,120,172.00
006-2340 DEF.REVENUE 1,277,007.53
Total 6,397,179.53 6,397,179.53
Audit Adjusting Journal Entries JE # 2
To adjust pension balances to use prior year fund allocations 611-2650 PENSION LIABILITY - GASB 68 33,217.00
611-2801 DEFERRED INFLOW OF RESOURCES 11,499.00
621-2650 PENSION LIABILITY - GASB 68 560,085.00
621-2801 DEFERRED INFLOW OF RESOURCES 193,898.00
631-1910 DEFERRED OUTFLOW OF RESOURCES 2,398.00
631-6310-5250 PENSION EXPENSE - GASB 68 15,794.00
641-2650 PENSION LIABILITY - GASB 68 257,351.00
641-2801 DEFERRED INFLOW OF RESOURCES 89,093.00
611-1910 DEFERRED OUTFLOW OF RESOURCES 5,895.00
611-6110-5250 PENSION EXPENSE - GASB 68 38,821.00
621-1910 DEFERRED OUTFLOW OF RESOURCES 99,397.00
621-6210-5250 PENSION EXPENSE - GASB 68 654,586.00
631-2650 PENSION LIABILITY - GASB 68 13,513.00
631-2801 DEFERRED INFLOW OF RESOURCES 4,679.00
641-1910 DEFERRED OUTFLOW OF RESOURCES 45,671.00
641-6410-5250 PENSION EXPENSE - GASB 68 300,773.00
Total 1,163,335.00 1,163,335.00

319 of 369

To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

Audit Adjusting Journal Entries JE # 3
To return unspent ARPA monies transferred to other funds 006-1101 CASH IN BANK 542,813.37
006-9010-4475 AMERICAN RESCUE PLAN ACT FUNDS 542,813.37 207-3710-8999 NON-OPERATING TRANSFER 447,414.13
641-6480-8999 NON-OPERATING TRANSFER 95,399.24
006-2340 DEF.REVENUE 542,813.37
006-9010-4999 NON-OPERATING TRANSFER 542,813.37
207-1101 CASH IN BANK 447,414.13
641-1101 CASH IN BANK 95,399.24
Total 1,628,440.11 1,628,440.11
Audit Adjusting Journal Entries JE # 4
To reclass unspent grant monies for the Recreation and Aquatics Center as unearned revenues and remove receivables related to the project.
201-1801-4995 OTHER REVENUE 4,498,633.91
201-1801-4995 OTHER REVENUE 3,328,493.09
201-1299 ACCTS.RECBLE-OTHER 3,328,493.09
201-2340 Unearned Revenue 4,498,633.91
Total 7,827,127.00 7,827,127.00
Audit Adjusting Journal Entries JE # 5
To reclass RPTTF revenues to the General Fund
001-1101 CASH IN BANK 918,470.45
153-3513-4455 RPTTF REVENUES 918,470.45
001-9010-4015 RPTTF PROPERTY TAX 918,470.45
153-1101 CASH IN BANK 918,470.45
Total 1,836,940.90 1,836,940.90
Audit Adjusting Journal Entries JE # 6
To accrue Stormwater fund May 2022 invoice
621-6210-6411 CONTRACTUAL SERVICES 87,100.00
621-2010 ACCOUNTS PAYABLE 87,100.00
Total 87,100.00 87,100.00

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To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.

Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated April 26, 2023.

Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Matters, Findings, or Issues
In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, significant events or transactions that occurred during the year, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City’s auditors.

Single Audit Compliance
In accordance with the Uniform Guidance, we examin ed, on a test basis, evidence about the City’s compliance with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Compliance Supplement applicable to each of its major federal programs for the purpose of expressing an opinion on the City’s compliance with those requirements. While our audit provides a reasonable basis for our opinion, it does not provide a legal determination on the City’s compliance with those requirements.

Noncompliance with Laws and Regulations, Vi olations of Contract Provisions or Grant Agreements
We have identified the following matters involving noncompliance with laws and regulations, violations of contract provisions or grant agreements that came to our attention during the course of the audit.

Measure A and Measure W agreements with the San Mateo County Transportation Authority state that the City shall submit a compliance audit no later than 180 days from the end of the fiscal year. Due to delays in the start of the audit and the City’s staff’s difficulty in finding the expenditures of the Measure A and W monies, the City missed the deadline for submitting these compliance audits. Similarly, due to

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To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

the same delays in starting the audit and the City’s preparation the Schedule of Federal Awards, the City also missed the federal Single Audit deadline.

Required Supplementary Information
We applied certain limited procedures to the required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the ba sic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

Supplementary Information
We were engaged to report on the combining Ge neral Fund statements, combining and individual nonmajor fund statements, and the budgetary comparison schedules for the Parks and Facilities Capital Improvement Fund and nonmajor governmental funds which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the pr ior period, and the information is appropriate and complete in relation to our audit of the financ ial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

Other Information Included in Annual Comprehensive Financial Reports Pursuant to professional standards, our responsibili ty as auditors for the introductory and statistical sections, whether financial or nonfinancial, included in the City’s annual comprehensive financial report, does not extend beyond the information identified in the audit report, and we are not required to perform any procedures to corroborate such other information. However, in accordance with such standards, we have read the information and considered whether such information, or the manner of its presentation, was materially inconsistent with its presentation in the financial statements.

Our responsibility also includes communicating to yo u any information which we believe is a material misstatement of fact. Nothing came to our attention th at caused us to believe th at such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements.

Substantial Doubt on the CityNet Enterprise Fund and Stormwater Enterprise Fund’s Abilities to Continue as a Going Concern
We believe that the following events or conditions identified during the course of the audit raise substantial doubt about the CityNet Enterprise Fund and Stormwater Enterprise Fund’s abilities to continue as a going concern for a reasonable period of time:

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To the Honorable Mayor and Members
of the City Council of the City of San Bruno
San Bruno, California

The Stormwater Enterprise Fund has had operating loss es due to user fees being too low to meet costs each of the last two fiscal years. In FY2021-22, the General Fund transferred one-time ARPA amounts to subsidize the Stormwater Enterprise Fund’s operations. Management’s plans are not clear on how this fund will become stable in future years. These issues raise substantial doubt about the Stormwater Enterprise Fund’s ability to continue as a going concern. Our auditor’s report and the financial statements disclose this doubt.

The CityNet Enterprise Fund (CityNet) has a deficit net position that amounts to over two years worth of FY2021-22 operating revenues. In addition, operating revenues have been declining in the fund every year, and CityNet is not profitable yet. Management’s plans address the operating losses, but management does not yet have a plan in place to pay back the General Fund for covering CityNet’s lack of cash. These issues raise substantial doubt about Ci tyNet’s ability to continue as a going concern. Our auditor’s report and the financial statements disclose this doubt.

Existence of a Material Misstatement that Affects the Financial Statements of a Prior Period in Which There Was a Predecessor Auditor
We have identified the existence of a material misstatement that affects the prior period financial statements on which the predecessor auditor had previously reported without modification. In May 2020, a resident bequeathed a large sum of money in the form of a trust to the Senior Center. All of the annual net income of the trust and up to $100,000 of the principal may be distributed as cash to the City annually. On February 11, 2060, the trust terminates and the remaining assets are to be distributed to the City of San Bruno Community Services Department for the benefit of San Bruno Senior Center. Per GAAP, this is a City asset, even if most of the principal is not available to the City to spend for a period of time. As this was bequeathed prior to the start of the 2021-22 fiscal year, the City recorded a prior period adjustment to account for the trust asset.

This report is intended solely fo r the information and use of the City Council, and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

Badawi & Associates, CPAs
Berkeley, California
April 26, 2023

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:May 23, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Alex D. McIntyre, Interim City Manager
PREPARED BY: Ryan Johansen, Chief of Police
SUBJECT:Receive Annual Military Equipment Use Report, Review the Military Equipment Use Ordinance, and Adopt a Resolution Renewing the Military Equipment Use Ordinance Number 2022-1910

BACKGROUND:

On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law adding California Government Code Sections 7070, 7071, and 7072. The text of AB 481 is attached to this Staff Report for reference.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, 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 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type 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, that the military equipment does not comply with the above-described standards for approval.

California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481. While the San Bruno Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070. Additionally, the San Bruno Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code.

On March 1, 2022, City Council approved the Military Equipment Use Policy by motion, and introduced the new Ordinance (Chapter 2.52) Regarding Police Department Acquisition and Use of Military Equipment.

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Honorable Mayor and Members of the City Council
May 23, 2023

On April 26, 2022, City Council approved the Military Equipment Use Ordinance No. 2022-1910, as codified in Title 2, Chapter 2.52 of the San Bruno Municipal Code.

California Government Code Sections 7071 and 7072 require that City Council receive an Annual Military Equipment Use Report, review the report for compliance with the Military Equipment Use Ordinance, and vote on whether to renew the ordinance each year.

DISCUSSION:

The Annual Military Equipment Use Report is attached to this Staff Report, and pursuant to AB 481, it includes the following:
•A summary of how the equipment was used and the purpose of its use oAll uses were in compliance with this ordinance
•A summary of any complaints or concerns received concerning the equipment oThere were none
•The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response oNothing to report
•The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the Annual Military Equipment Use Report oSee attached Annual Military Equipment Use Report
•The quantity possessed of each type of equipment
oSee attached Annual Military Equipment Use Report
•If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type
oNo intention to acquire additional equipment at this time It is chiefly important to note that during the reporting period there were no uses of equipment covered by this ordinance that were not compliant with the Military Equipment Use Ordinance and the Military Equipment Use Policy. The Police Department did not acquire any new military equipment during the reporting period, nor does it have any plans to acquire new military equipment in the next calendar year.

AB 481 prescribes an annual process for reviewing the policy and renewing the ordinance.

Specifically, Government Code Section 7072 requires the Police Department to submit to the City Council an annual military equipment report, and to hold at least one “well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.” Then, to renew Ordinance No. 2022-1910, Government Code Section 7071 requires the City Council to determine, based on the annual military equipment report submitted by the Police Department, whether each type of military equipment identified in that report has complied with the standards for approval. The City Council meeting on May 23, 2023 is intended to satisfy all of the requirements of AB 418, including the community engagement meeting on the report.

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Honorable Mayor and Members of the City Council
May 23, 2023

FISCAL IMPACT:

There is no fiscal impact.

ENVIRONMENTAL IMPACT:

There is no environmental impact.

RECOMMENDATION:

Staff recommends that City Council receive the Annual Military Equipment Use Report, review the Military Equipment Use Ordinance, and adopt a Resolution renewing the Military Equipment Use Ordinance No. 2022-1910.

ALTERNATIVES:

1. Request amendments to the Ordinance

2. Request additional information before renewing the Ordinance ATTACHMENTS:

1. Resolution

2. 2022 Annual Military Equipment Use Report

3. San Bruno Military Equipment Use Ordinance No. 2022-1910

4. San Bruno Police Department Military Equipment Use Policy

5. Text of California Assembly Bill 481 (AB 481)

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1 RESOLUTION NO. 2023 - __

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO RENEWING THE MILITARY EQUIPMENT USE ORDINANCE NO. 2022-1910
WHEREAS, in April 2022, the San Bruno City Council Adopted the Military Equipment Use Ordinance No. 2022-1910, pursuant to California Assembly Bill 481 (AB 481); and
WHEREAS, AB 481 requires that City Council receive an Annual Military Equipment Use Report (the “Report””, review the report for compliance with Ordinance No. 2022-1910, and vote on whether to renew the ordinance each year; and WHEREAS, the San Bruno Police Department’s military equipment policy has been posted on the Police Department’s website continuously since April 2022; and WHEREAS, the San Bruno City Council has received and reviewed the Report, and Ordinance No. 2022-1910; and
WHEREAS, during the City Council meeting on May 23, 2023, the San Bruno Police Department provided an opportunity for public to provide feedback and ask questions about the Report and Ordinance No. 2022-1910; and WHEREAS, the Chief of Police has indicated compliance with the Military Equipment Use Ordinance No. 2022-1910 throughout 2022; and WHEREAS, the City Council has reviewed the Report and Ordinance No. 2022- 1910; and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines, based on the Report and in accordance with California Government Code Section 7071 (d), that:
(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 military equipment use policy safeguards 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

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2 equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance: and
AND BE IT FURTHER RESOLVED that the City Council hereby renews the Military Equipment Use Ordinance No. 2022-1910.
---oOo---
I, the undersigned hereby certify that the foregoing Resolution No. 2023 – ___ was duly adopted by the San Bruno City Council at a regular meeting on __________, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________________
Lupita Huerta
City Clerk

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2022 San Bruno Police Department Military Equipment Use Report

Ryan Johansen
Chief of Police CITY OF SAN BRUNO

POLICE DEPARTMENT
1177 Huntington Avenue, San Bruno, CA 94066-1500
Voice: (650) 616-7100 • Fax: (650) 871-6734
http://sanbruno.ca.gov

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072 and San Bruno Municipal Code §2.52, this is 2022 Annual Military Equipment Use Report for the San Bruno Police Department. This report has been submitted to the San Bruno City Council, and is publicly available on the Police Department’s internet website.

The San Bruno Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The San Bruno Police Department also has not acquired any equipment through military surplus programs such as the 1033 Program.

California Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Annual Military Equipment Use Report includes information for any such equipment types that are possessed by the San Bruno Police Department, or reasonably likely to be deployed in San Bruno by its law enforcement partners.

California Government Code § 7070(c) defines Military Equipment as any of the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of 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

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2 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.

This Annual Military Equipment Use Report includes the following information for each type of military equipment utilized by the San Bruno Police Department:

1. A summary of how the military equipment was used and the purpose of its use

2. A summary of any complaints or concerns received concerning the military equipment

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report

5. The quantity possessed for each type of military equipment

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment The San Bruno City Council uses the Annual Military Equipment Use Report as a mechanism to ensure the San Bruno Police Department’s compliance with its 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.

The remainder this Annual Military Equipment Use Report is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the San Bruno Police Department. Section Two lists other qualifying equipment that is not owned or regularly utilized by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the San Bruno Police Department, it could be used in the City of San Bruno if NCR SWAT is deployed, and is therefore included in this report. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

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3 Section One: Qualifying Equipment Owned/Utilized by the San Bruno Police Department

Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned: 2 Quantity Sought: 0
Summary and Purpose of Use: The UAS/Drones were used to enhance the Department’s mission of protecting lives and property when other means and resources were not available or would have been less effective. Uses this reporting period included: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: Approximately $6,900 (Equitable Sharing)

Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned: 78 Quantity Sought: 0
Summary and Purpose of Use: Officers deploy the patrol rifle in circumstances 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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

There were no instances in which the patrol rifles were fired outside of organized range training classes during this reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

Equipment Type: Mobile Command Vehicle - CA Gov’t Code §7070(c)(5) Quantity Owned: 1 Quantity Sought: 0
Summary and Purpose of Use: The MCV was deployed to support command operations for planned and emergency incidents
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $7,000 (IT and Police Budgets)

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4 Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned: 16 Quantity Sought: 0
Summary and Purpose of Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions were deployed into the field but never fired outside of organized range training classes during this reporting period. These launchers and munitions are intended for use as a less lethal force option.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

Section Two: Qualifying equipment which is not owned/possessed by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency

Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1) Quantity Owned: 2 Drones / 4 Robots (Not owned by
SBPD)
Quantity Sought: 0
Summary and Purpose of Use: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

There were no uses of this equipment in San Bruno during the reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2) Quantity Owned: 1 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. There were no uses of this equipment in San Bruno during the reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

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5 Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned: 1 (Not owned by SBPD) Quantity Sought: 0 Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.

Summary and Purpose of Use: Capable of breaching doors, gates, and other points of entry. There were no uses of this equipment in San Bruno during the reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned: 12 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Capable of breaching doors, gates, windows, and other points of entry. There were no uses of this equipment in San Bruno during the reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned: 60 (not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: 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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

There were no instances in which rifles were fired outside of organized range training classes during this reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

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6 Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned: 20 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals. There were no uses of this equipment in San Bruno during the reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned: 1 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others. There were no uses of this equipment in San Bruno during the reporting period.

Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0

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ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BRUNO AMMENDING TITLE 2 (ADMINISTRATION AND
PERSONNEL) TO ADD CHAPTER 2.52: MILITARY EQUIPMENT USE

ORDINANCE

WHEREAS, the City adopted a codification of the general ordinances of the City of San Bruno entitled the “San Bruno Municipal Code Revised and Republished December 1998” (“the Municipal Code” or “the Code”) which was authorized and approved by Ordinance No. 1604 and adopted January 11, 1999, pursuant to Government Code Sections 50022.1-50022.10; and

WHEREAS, since that time, the Municipal Code has been regularly amended and augmented with new ordinances expanding its volume and complexity; and

WHEREAS, on September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law; and

WHEREAS, subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481; and

WHEREAS, AB 481 and California Government Code Sections 7070, 7071 and 7072 require that The City Council of the City of San Bruno approve a Military Equipment Use Policy by ordinance; and

WHEREAS, the amendment of Title 2 (Administration and Pesonnel), to add Chapter

2.52: Military Equipment Use Ordinance, is necessary to comply with the requirements of AB 481 and California Government Code Sections 7070, 7071 and 7072,

The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Editorial guidance. The Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re- order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to work with the Code Publisher to effectuate non- substantive amendments to ensure consistency as to form and style of the Code.

Further, the code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments.

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AMMENDING TITLE 2 TO ADD CHAPTER 2.52: MILITARY EQUIPMENT USE ORDINANCE

SECTION 3. Title 2 is amended and restated to read, as follows:

Chapter 2.52
“MILITARY EQUIPMENT” USE ORDINANCE

Sections:

2.52.010 Name of Ordinance

2.52.020 Definitions

2.52.030 Military Equipment Use Policy Requirement

2.52.040 Use In Exigent Circumstances

2.52.050 Reports on the Use of Military Equipment

2.52.060 Severability

2.52.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

2.100.020 Definitions
A. “Military Equipment” includes all of the following (Per CA Gov. Code §7070):

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

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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.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of San Bruno.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the San Bruno Police Department.

D. “City Council” means the governing body that is the San Bruno City Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

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

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

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

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

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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. For a law enforcement agency, 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.

F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

2.52.030 Military Equipment Use Policy Requirement
A. The San Bruno Police Department shall obtain approval of the City Council, by a resolution adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of San Bruno.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

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6. 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.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the San Bruno Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the San Bruno Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

C. In seeking the approval of City Council, the San Bruno Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. 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.

4. 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.

E. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

F. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

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2.52.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. 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.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

2.52.050 Reports on the Use of Military Equipment.

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military

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Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

2.52.060 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its final passage and adoption.

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SECTION 7. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.

---oOo---

I, Melissa Thurman, City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

AYES: C ouncilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk

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Ryan Johansen
Chief of Police CITY OF SAN BRUNO

POLICE DEPARTMENT
1177 Huntington Avenue, San Bruno, CA 94066-1500
Voice: (650) 616-7100 • Fax: (650) 871-6734
http://sanbruno.ca.gov
2022 San Bruno Police Department Military Equipment Use Policy

California Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. This is further required by San Bruno City Ordinance 2.52.

The San Bruno Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The San Bruno Police Department also has not acquired any equipment through military surplus programs such as the 1033 Program.

California Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the San Bruno Police Department, or reasonably likely to be deployed in San Bruno by its law enforcement partners.

California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

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

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

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

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

California Government Code § 7070(c) defines Military Equipment as any of the following:

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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.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the San Bruno Police Department will submit to the San Bruno City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

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4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The San Bruno City Council will use the Annual Military Equipment Report as a mechanism to ensure the San Bruno 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: (650) 616-7100

3. Via mail sent to: San Bruno Police Department
Attn: Military Equipment Use Coordinator
1177 Huntington Avenue
San Bruno, CA 94066
The San Bruno 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 this Military Equipment Use Policy is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the San Bruno Police Department. Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the San Bruno Police Department, it could be used in the City of San Bruno if NCR SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high- risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

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Section One: Qualifying Equipment Owned/Utilized by the San Bruno Police Department

Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 1 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicle 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:

Matrice 210: 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 $40,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year total, for this and the other two UAS/Drones combined.

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.

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Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 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:

Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

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 $30,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year total, for this and the other two UAS/Drones combined.

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.

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Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 18 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt AR15A3 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Colt AR15A3 features a gas operated semi-auto firing system chambered in 223 Remington/5.56 NATO with a barrel length of 16.1". The rifle is outfitted with carbine length Magpul railed forend
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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $33,282. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

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

Other Notes: These rifles are already well beyond their serviceable lifespan and are in the process of being replaced by the Daniels Defense rifles listed later in this policy. Until we receive shipment of the new rifles, we will continue to use these.

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Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 7 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt M4 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Colt M4 Magpul Carbine features a gas operated semi-auto firing system chambered in 223 Remington/5.56 NATO with a barrel length of 16.1". The rifle is outfitted with carbine length Magpul MOE stock and railed forend 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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $12,943. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

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

Other Notes: These rifles are already well beyond their serviceable lifespan and are in the process of being replaced by the Daniels Defense rifles listed later in this policy. Until we receive shipment of the new rifles, we will continue to use these.

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Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 53 owned Lifespan: Approximately 15 years Equipment Capabilities: The Daniel Defense MK18 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Daniel Defense MK18 features the railed forend Daniel Defense currently provides to USSOCOM, and a 10.3” Cold Hammer Forged Barrel. The MK18 rail system features the patented bolt-up attachment system and has been rigorously tested prior to fielding by USSOCOM. The MK18 SBR by Daniel Defense is unmatched in size, weight, and performance.

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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $168,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

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

Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. We have not yest received shipment of these recently purchased rifles, but we are expecting to do so in May 2022, and which point these rifles will replace the two types of Colt rifles previously listed in this policy.

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Equipment Type: Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Bushmaster AR-10 Sniper Rifle is capable of firing a 7.62mm projectile bullet.

Manufacturer Product Description: Bushmaster MOE 308 Semi-automatic .308 Winchester/7.62 NATO AR-10 Rifle.

1. 16" heavy profile barrel

2. Magpul MOE Hand Guard, accepts rail sections (carbine, mid-length or rifle-length)

3. Magpul MBUS rear flip sight

4. Magpul MOE pistol grip, accepts MIAD storage cores

5. Magpul MOE vertical grip

6. Magpul enhanced trigger guard

7. Magpul MOE adjustable stock with strong A-design and rubber butt pad

8. Mid-length gas system for smoother recoil

Purpose/Authorized Uses: This rifle is authorized for use by a Sniper-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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When the officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: This equipment was donated to the San Bruno Police Department at no cost. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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

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

Other Notes: The San Bruno Police Department does not presently have a SWAT Sniper among its staff, so there are no San Bruno Police personnel presently authorized to use this Military Equipment.

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Equipment Type: Mobile Command Vehicle - CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Mobile Command Vehicle (MCV) provides mobile, remote access to radio, internet, planning and other resources to assist with management of major incidents and planned operations.

Manufacturer Product Description: Not applicable as this unit is custom built onto an ambulance vehicle platform.

Purpose/Authorized Uses: The MCV can be deployed anytime first responders determine that it would be beneficial to operations being conducted.

Fiscal Impacts: The initial cost of this unit, outfitting, and all peripheral equipment was approximately $350,000, which was funded by a grant from the San Bruno Community Foundation and Google/YouTube. Ongoing costs to maintain the MCV and replace failing equipment is approximately $5,000/year.

Legal/Procedural Rules Governing Use: Not applicable.

Training Required: Not applicable.

Other Notes: The MCV is not a tactical vehicle, meaning that it is not armored in any way and does not include any weapon elements. The MCV is simply an ambulance reconfigured with radios, computers, smart screens and other peripherals to facilitate field command.

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Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 16 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

Manufacturer Product Description: Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass filled nylon.

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.

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 $26,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno 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.

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Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency

Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 Drones / 4 Robots (Not
owned by SBPD)
Lifespan: Approximately 15 years
Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.

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

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

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

Other Notes: None.

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Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2) Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.

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

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

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.

Other Notes: None.

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Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.

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

Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.

Other Notes: None.

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Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned/Sought: 0 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.

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

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.

Other Notes: None.

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Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 60 (not owned by SBPD) Lifespan: Approximately 15 years Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards.

Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right- handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

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:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

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

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

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

Other Notes: None.

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Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 20 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.

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

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Other Notes: None.

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Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown.

Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.

Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.

Purpose/Authorized Uses: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others.

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

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

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Other Notes: None.

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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distrib ution 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 of federal 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 agenc y, 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 w ould require a la w enforcement agenc y, defined to include specified entities, to obtain appro val of the applicable go verning body, by adoption of a military equipment use polic y, as specified, by ordinance at a regular meeting held pursuant to specified open meeting la ws, 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 go verning body to appro ve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill w ould 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 polic y if it determines, based on an annual military equipment report prepared by the law enforcement agency, as pro vided, that the military equipment does not comply with the above-described standards for appro val. The bill w ould specify these provisions do not preclude a county or local municipality from implementing

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agenc y’s internet website, and pro vide a cop y of the polic y to the Governor or the Go vernor’s designee, as specified. The bill w ould also require a state agenc y that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill w ould impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deplo yment in our communities adversely impacts the public’s safety and welf are, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deplo yed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are e xperienced most acutely in mar ginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local go vernment officials, as well as a right to participate in an y 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 ci vil liberties, and should be based on meaningful public input.
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(d)  Legally enforceable safe guards, including transparenc y, 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 ha ve with the community , which can be undermined when la w enforcement is seen as an occup ying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that o versees a la w enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a la w enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or an y campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant amb ush-protected (MRAP) v ehicles 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 Humv ees, two and one-half-ton trucks, fiv e-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain v ehicles (A TVs) and motorized dirt bik es are specifically excluded from this subdivision.
(4)  Tracked armored v ehicles that pro vide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control v ehicles that are either b uilt 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 e xplosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 —

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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 e xception 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 e xplosive breaching tools, “tear g as,” and “pepper balls, ” e xcluding standard, service-issued handheld pepper spray.
(13)  Taser Shockw ave, micro wave weapons, w ater cannons, and the Long Range Acoustic Device (LRAD).
(14)  The follo wing projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag, ” rubber b ullet, 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.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a la w enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, e xpected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the la w 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 initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including an y course required by the Commission on Peace Officer Standards and Training, that must be completed before an y officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each 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 92 — 4 — Ch. 406

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authority, and, if applicable, what le gally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, 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 ho w the la w enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the la w enforcement di vision of e very state office, officer, department, division, bureau, board, and commission or other state body or agenc y, e xcept those agencies pro vided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manuf acturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain appro val of the governing body, by an ordinance adopting a military equipment use policy at a re gular meeting of the go verning body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable, prior to eng aging in an y of the following:
(A)  Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, 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 territorial jurisdiction of the governing body.
(E)  Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through an y means not pro vided by this paragraph.
(2)  No later than May 1, 2022, a la w enforcement agenc y seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the go verning body does not appro ve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use polic y submitted pursuant to subdi vision (b), within 180 days of submission of the proposed military equipment use policy to the go verning body, the la w enforcement agenc y shall cease its use of 92 Ch. 406 — 5 —

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the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and mak e those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a re gular meeting and provide for public comment in accordance with the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2) or the Ralph M. Bro wn Act (Chapter 9 (commencing with Section 54950) of P art 1 of Di vision 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(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 polic y will safe guard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to a vailable alternati ves that can achie ve 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. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to rene w the ordinance at a re gular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for appro val set forth in subdi vision (d). If the go verning body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406

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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for la w enforcement services, the city shall ha ve the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the follo wing information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns recei ved concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year follo wing submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the ne xt year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and con veniently located community engagement meeting, at which the general public may discuss and ask questions re garding the annual military equipment report and the la w enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use polic y prior to engaging in any of the following:
(1)  Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
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(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through an y means not pro vided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agenc y that is required to create a military equipment use policy pursuant to this section shall do both of the follo wing within 180 days of completing the policy:
(1)  Publish the military equipment use polic y on the agenc y’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of state wide concern rather than a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede an y inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further e xposes that activity to public scrutin y and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agenc y or school district under this act w ould 92 — 8 — Ch. 406

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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

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92 Ch. 406 — 9 —

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