September 8, 2026
Agenda Item No. 3
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. 2026-16: 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 would update the Policy in accordance with changes to state law and update the military equipment inventory, which is an appendix to the Policy. Minor changes to the definitions of military equipment in the Policy are requested to comply with AB 2546 (2024) and the update would add two types of unmanned aerial vehicles (drones) and delete two types of drones and a decommissioned Special Weapons and Tactics (SWAT) van. Also presented for City Council receipt is the 2024/2025 Military Equipment Use Report.
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) Introduce Ordinance No. 2026-16, 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 September 22, 2026; and c) Receive and file the 2024/2025 Military Equipment Use Report.
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 (Attachment B) includes 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 changes to the Policy and additions and deletions to the approved military equipment inventory include:
Aligning the definitions of military equipment with the definitions in AB 2546.
Adding the Skydio X10 and Skydio R10 drones to the authorized list of military equipment.
Deleting a decommissioned SWAT van from the authorized inventory. The vehicle was replaced by a new North Star 235-4 Command Vehicle that was approved for purchase by the City Council on December 10, 2024.
Deleting the BRINC Responder drones and the BRINC Lemur 2 drones from the authorized list of military equipment.
The Newport Beach Police Department posted notice of the changes to the Policy and 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 and receive and file the annual military equipment use reports. Funding for the requested additions is 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. 2026-16
Attachment B – Military Equipment Use Policy (redline) Attachment C – 2024/2025 Military Equipment Use Report
Ordinance No. 2026-16: Updating the Military Equipment Use Policy for the Newport Beach Police Department September 8, 2026
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