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20. Introduced and waived the first reading of Ordinance No. 2238 approving the Pleasanton Police Department's Military Equipment Use Policy and Equipment List pursuant to requirements of AB 481 Pleasanton Police Department (PPD) Chief David Swing reported Assembly Bill 481 requires police departments to provide a military equipment list and obtain authorization from their governing bodies for its use. He reported the equipment on the PPD's list is widely used across the country in local law enforcement and not in a military setting. PPD Lieutenant Brandon Stocking noted the PPD does not participate in the 1033 military surplus programs unlike some other peer organizations in the State. He confirmed the PPD does not own any equipment previously used by the military. He reported AB 481 has 14 categories of equipment and noted those categories that PPD possesses have no reasonable alternatives available. Lt. Stocking reported in April 2021, there was an incident with a man firing 250 rounds from the second story of his home, striking neighboring homes. He advised the ARV was used in this incident to evacuate neighbors and the City of Livermore assisted with its ARV. He advised this incident shows how the PPD needs to have equipment ready for immediate deployment. He noted AB 481 requires a policy to request to borrow equipment from other agencies. Lt. Stocking reported as part of its AB 481 compliance, the PPD will produce a required annual report to the Council during its regular bi-annual update, and hold a community engagement meeting every February. He reported the proposed policy and equipment inventory was presented to the PPD's Community Advisory Board on May 24 receiving unanimous support. He reported staff recommends introducing and waiving the first reading of the ordinance. In response to Councilmember Arkin, Chief Swing clarified the military equipment policy does not prescribe when the equipment can be used but rather other PPD policies govern those and many are cited in the military equipment policy. He advised there are also state laws governing the use of force regulating when and how such equipment may be used. In response to Councilmember Arkin, Chief Swing reported that the PPD is also requesting permission to acquire 25 new 40-millimeter platforms to replace existing platforms for less lethal projectiles. He confirmed the request would replace old equipment. In response to Councilmember Arkin, Chief Swing advised it would be difficult to identify when every item on the list has been used. He explained the goal is to not use any of the equipment on the list and deploying some of the equipment helps the PPD accomplish the goal of not deploying other items. In response to Councilmember Arkin, Chief Swing reported he does not have lists from other cities but estimated 75-100% of items on Pleasanton's list can also be found on lists of similar cities. In response to Councilmember Arkin, Chief Swing explained in a situation where mutual aid is anticipated or required, the first call from the PPD would go to the Alameda County Sherriff's office which would respond to help the PPD maintain peace. He advised if the policy is not passed and the Sherriff's office cannot bring equipment they have been trained with, they will not come to assist. He explained the item is also about the ability of the PPD to request assistance from other agencies if necessary. Lt. Stocking advised if an ordinance is not approved the PPD would have to stop using all of the equipment on the list. In response to Councilmember Arkin, City Attorney Dan Sodergren confirmed the ordinance as presented complies with AB 481. City Council Minutes Page 7 of 11 June 7, 2022