February 25, 2025
Agenda Item No. 4
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY:
Jonathan Stafford, Deputy Director - 949-644-3650, [email protected] TITLE:
Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport Beach Police Department ABSTRACT:
Assembly Bill (AB) 481, codified as California Government Code §7070, et seq., requires City Council approval of a Military Equipment Use Policy (Policy) authorizing the funding, acquisition and use of “military equipment” by the Newport Beach Police Department. The proposed ordinance presented for City Council approval will update the military equipment inventory, which is an appendix to the Policy, to add two types of unmanned aerial vehicles (drones), add a replacement SWAT command vehicle, and delete an obsolete drone. No changes to the Policy itself are requested.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-2, An Ordinance of the City Council of the City of Newport Beach, California, Updating the Military Equipment Use Policy for the Newport Beach Police Department, and pass to second reading on March 11, 2025.
DISCUSSION:
On June 28, 2022, the City Council approved the second reading of Ordinance No. 2022-15 approving a Military Equipment Use Policy for the Newport Beach Police Department in accordance with AB 481. The Policy includes, as Appendix A, the authorized inventory of “military equipment” as defined in AB 481. City Council approval of an updated ordinance is required to make any changes to the Policy or to add any new “military equipment”.
Requested additions to the approved military equipment inventory are listed below.
North Star 235-4 Command Vehicle - approved for purchase by the City Council on December 10, 2024. The vehicle will replace an existing SWAT truck and is expected to be delivered in July 2026.
Police Department Drone Program – to be considered by the City Council on February 25, 2025. The drone program includes two types of unmanned aerial vehicles: the Responder drone and the Lemur 2 drone.
A DJI Phantom 3 drone that is in the authorized inventory is no longer needed and will be deleted. The drone was purchased in 2016 to test and evaluate the effectiveness of using drones in police operations. It no longer meets FAA transponder requirements so it will be decommissioned. The Police Department posted notice of the changes to the military equipment inventory on its public website 30 days before City Council consideration of this ordinance.
FISCAL IMPACT:
The recommended action is only to update the policy. Funding for the requested additions are addressed through the budget or through a proposed budget amendment for the drone program.:
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Ordinance No. 2025-2
Attachment B – Military Equipment Use Policy (redline) 4-2
4-1
Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport Beach Police Department
February 25, 2025
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