Agenda Item
City Council
Item #: 9.1. 5/10/2022 File #: 22-0197
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police
1. SUBJECT
Introduction and First Reading of Ordinance No. 03-22 adopting a policy for the acquisition and use of military equipment by the Orange Police Department.
2. SUMMARY
Assembly Bill No. 481 requires law enforcement agencies to adopt a new military equipment use policy by ordinance prior to taking certain actions related to funding, acquisition, and use of military equipment.
3. RECOMMENDED ACTION
1. Introduce and conduct First Reading of Ordinance No. 03-22. An Ordinance of the City Council of the City of Orange Adopting a Policy for the Acquisition and Use of Military Equipment by the Orange Police Department.
2. Set the Second Reading and adoption for June 14, 2022.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
On September 30, 2021, Governor Newsom signed into law eight major peace officer reform bills, including Assembly Bill 481 (AB 481), which was authored by Assembly member David Chiu (D-San Francisco) to address the funding, acquisition, and use of items lawmakers deem to be considered “military equipment.”
Per AB 481, codified as Government Code sections 7070 through 7075, it requires law enforcement agencies to obtain approval from Council, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to funding, acquisition, and use of military equipment, as defined.
Furthermore, AB 481 requires similar approval for the continued use of military equipment acquired by law enforcement agencies prior to January 1, 2022, and allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction only if it determines that the City of Orange Printed on 5/5/2022Page 1 of 4
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Item #: 9.1. 5/10/2022 File #: 22-0197
funding, acquisition, and use of military equipment within its jurisdiction only if it determines that the equipment meets specified standards. AB 481 requires each law enforcement agency’sgoverning body to adopt a written military equipment use policy by ordinance in a public hearing.
The following 15 categories are defined as military equipment and referenced in Government Code 7070.
Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles Category 2: Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers Category 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
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature Category 8: Firearms of .50 caliber or greater, excluding standard issue shotguns Category 9: Ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition
Category 10: Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Penal Code §30510 and Penal Code §30515, with the exception of standard issue service weapons
Category 11: Any firearm or firearm accessory that is designated to launch explosive projectiles
Category 12: Flashbang grenades and explosive breaching tools, tear gas, and pepper balls, excluding service issued handheld pepper spray
Category 13: Taser Shockwave, microwave weapons, water cannons, and long-range acoustic device.
Category 14: Projectile launch platforms and their associated munitions, including 40mm projectile launchers, bean bag, rubber bullet, and special impact munition Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
Items deemed “military equipment” by AB 481 are not necessarily indicative of equipment used by the military. The application in which the military uses equipment in the course of their work is larger in scope and may include tactical transport, surveillance, reconnaissance, and target acquisition.
Whereas law enforcement agencies are minimized to de-escalation, search and rescue, protection, and defense. Such items include, but are not limited to, unmanned aerial vehicle (UAV), armored rescue vehicle (ARV), command and control vehicles, less lethal 40mm projectile launchers, and City of Orange Printed on 5/5/2022Page 2 of 4
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Item #: 9.1. 5/10/2022 File #: 22-0197
pepper balls.
Other items deemed to be “military equipment” by AB 481 include foundational equipment such as rifles. Rifles allow police officers to address lethal threats from a greater distance and with greater precision. In addition, rifles keep police officers from being “outgunned”by suspects who possess higher caliber weapons. A recent example of this occurred in August 2021, near the Plaza, when a suspect fired rounds from an assault rifle in a neighboring residence.
It should be noted the Orange Police Department (OPD) does not participate in the California Department of General Services federal surplus property acquisition from the Department of Defense, commonly referred to as “1033Program.”Furthermore, OPD does not use, or possess, any such surplus property that has been used or acquired from the military. Items currently used and in the possession of OPD deemed to be “militaryequipment”by AB 481 were purchased following the City’s procurement policy through the General (100), Asset Forfeiture (355), and COPS Supplemental Law Enforcement Services (354) funds.
A list of current military equipment in OPD’spossession is defined in the Military Equipment Policy.
Should the Department receive approval from the City Council for a military equipment use policy in compliance with AB 481, OPD will replenish inventory levels as needed, present new equipment items annually for approval, submit an annual report for each type of military equipment used within one year of approval, and annually thereafter.
Certain equipment, such as items listed in Category 1, Unmanned Aerial Systems (UAV), are in a constant state of improvement with advances in technology and battery life. It may not be possible to replace the exact equipment listed in the Military Equipment Policy and approved by the Council due to it no longer being available. In such cases, the Police Department will make every effort to replace the equipment with the upgraded model from the same manufacturer.
In addition to the equipment listed in the Military Equipment Policy, the Department is requesting to add the following equipment not currently in use but in possession of the Police Department:
Equipment type: Unmanned Aerial System (UAS) CA Gov't Code 7070(c)(1) Description: DJI Mini 2; Quad propeller: FAA flight number; Serial Number 5DXCJB61A30B4J
Quantity: 1
Lifespan: 3-5 years
Capabilities: 249 grams: Flight time up to 30 minutes
Manufacturer's Description: DJI Mini 2 is beginner-friendly, powerful, and well, mini.
Impressive performance, stunning image quality, and creative videos are just a few taps away.
Explore an entirely new perspective, capturing the moments that make your life truly yours.
Purpose/Authorized Uses: Utilized to enhance the department’smission of protecting lives and property when other means and resources are not available or are less effective.
Fiscal Impacts: $599.00 inventory
Legal/Procedural Rules Governing Use: Governed by FAA; All applicable State, Federal City of Orange Printed on 5/5/2022Page 3 of 4
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Item #: 9.1. 5/10/2022 File #: 22-0197
and Local laws governing police Search & Seizure.
Training Required: Part 107 FAA Certificate; Authorized department quarterly training Compliance Mechanisms: Department Policy - Unmanned Aerial Systems (UAV) Operations In accordance with the procedures set forth under AB 481, the Orange Police Department’sMilitary Equipment Policy No. 706 was first made available on the OPD website on April 4, 2022, more than 30 days before the public meeting at which time the policy is to be considered by the City Council.
Should proposed Ordinance No. 03-22 be adopted, AB 481 would require the City Council review the ordinance annually and vote on whether to renew the ordinance. This would include a review of whether each type of military equipment identified in the annual report has complied with the standard for approval. The Police Department’s annual report would include the use of military equipment, any complaints received, any internal audits or other information about violations of the Orange Police Department Military Equipment Policy, and the cost of such use and other similar information.
OPD is committed to using the most up-to-date tools and equipment to safeguard the community of Orange. Many items deemed “military equipment” by AB 481 are, in fact, employed by OPD and other law enforcement agencies in Orange County, California and across the country. These items provide police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. Lastly, the items listed in this report and accompanying Military Equipment Use Policy, also provide OPD officers with the vital tools that facilitate compliance to protect the welfare and safety of the community.
The Orange Police Department recommends approval of proposed Ordinance No. 03-22 and Military Equipment Policy.
7. ATTACHMENTS
· Ordinance No. 03-22
· Lexipol Military Equipment Policy
City of Orange Printed on 5/5/2022Page 4 of 4
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