Item 4AGENDA ITEM NO.4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 19, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE
POLICY
RECOMMENDATION:
It is recommended that the City Council introduce for first reading, by title only, further reading waived,
the following ordinance:
ORDINANCE NO. 2497 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT POLICY GOVERNING THE USE
OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
BACKGROUND:
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481 "), relating
to the use of "military equipment" by law enforcement agencies in California. AB 481 seeks to provide
transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether
and how military equipment is funded, acquired, and used by law enforcement agencies. AB 481,
codified at California Government Code sections 7070 through 7075, requires a law enforcement agency
to obtain authorization from its governing body, via adoption of a military equipment use policy via
ordinance, approving the use of military equipment.
Pursuant to AB 481, the ordinance adopting the military equipment use policy must be adopted at a
regular meeting of the City Council. For law enforcement agencies that seek to continue use of military
equipment acquired prior to January 1, 2022, the approval process must commence by May 1, 2022. AB
481 requires that the proposed policy be provided to the City Council and posted on the Police
Department's website for at least 30 days prior to the public meeting at which the policy is considered.
Pursuant to AB 481, the City Council may only approve the military equipment use policy if it makes the
following determinations:
(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 policy will safeguard 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 equipment use
policy, corrective action has been taken to remedy nonconforming uses and ensure future
compliance.
Once adopted, AB 481 requires annual review and renewal of the ordinance, annual reporting on the
military equipment identified in the policy, and an annual community engagement meeting regarding the
annual report.
The West Covina Police Department (WCPD) seeks the City Council's adoption of the attached
Ordinance No. 2497 (Attachment No. 1), approving the Department's Military Equipment Use Policy
(Exhibit A to Attachment No. 1), and allowing WCPD to continue to use the vital safety equipment
specified therein.
DISCUSSION:
The term "military equipment," as used in AB 481, in fact does not necessarily indicate equipment has
been used by the military. Pursuant to AB 481, items deemed to be "military equipment" include, but are
not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles,
less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs. Other items deemed to be
"military equipment" by AB 481 include foundational equipment such as rifles, which allow peace officers
to address lethal threats from a greater distance and with greater precision. These items are discussed
in further detail below. and in the attachments.
The West Covina Police Department is committed to using the most up-to-date tools and equipment to
reduce risk, protect the safety of police officers, and safeguard the citizens of West Covina. Many of the
items deemed "military equipment" by AB 481 have in fact been employed by WCPD, and other law
enforcement agencies across the country, for years. Nationwide, these tools have been tested in the
field, and provide peace officers with the ability to safely resolve volatile situations which otherwise might
rise to the level of a lethal force encounter. Many of these items were obtained using special funds,
including state and federal grants, via purchases previously approved by the City Council, and a few
items were obtained for free from the federal government. The loss of these items would jeopardize the
welfare of community members and peace officers in West Covina.
The City Council's approval of proposed Ordinance No. 2497 and WCPD's Military Equipment Policy
(Department Policy 715) will bring West Covina in compliance with the new State requirements. The
inventory that is attached to the policy specifically identifies "military equipment" item currently possessed
by WCPD, a description of the equipment, quantity, capabilities, expected lifespan, purposes and
authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training,
and mechanisms to ensure compliance with the WCPD's proposed use policy, as required by AB 481.
These particular items, and their stated uses, have been in place for years prior to the implementation of
AB 481. The City Council previously approved the purchase of the unmanned aircraft systems (drones),
armored vehicle, and mobile command post. Pursuant to AB 481, future acquisitions of any item deemed
to be "military equipment" but not referenced in the policy will require a further public meeting, policy
update, and City Council approval.
WCPD's Department Policy 715 aims to safeguard the public's welfare, safety, civil rights, and civil
liberties. The policy ensures that there are safeguards, including transparency, oversight, and
accountability measures in place. These include the following:
. The designation of a Department Military Equipment Coordinator, tasked with the duty to ensure
that WCPD complies with the terms of AB 481, correcting any violations if necessary;
. The preparation of annual reports regarding the "military equipment';
b. Purpose
Used to provide officers a way to safely gain entry into a structure.
c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Department -
approved training may be issued or use breaching shotguns. The breaching rounds can also
be used for training exercises or approved demonstrations.
d. Expected Lifespan
i. Breaching Shotguns: 25 years
ii. Royal Arms Tesar-2 black cap 425-grain copper breaching round: 5 years
iii. Royal Arms Tesar-4 yellow cap 750-grain copper frangible breaching round: 5 years
e. Fiscallmpact
i. Breaching Shotguns: Annual maintenance approximately $0 to $50
ii. Breaching Round: Expected annual cost between $0 to $300 to replenish used stock
f. Training
Sworn members utilizing a breaching shotgun must be certified to do so by a certified
breaching instructor during Department -approved training. Additionally, members of the SPD
SWAT Team will receive training on breaching shotguns bi-yearly and that training will be
conducted by a certified breaching instructor in two-hour blocks.
g. Legal and Procedural Rules
It is the policy of the Department to utilize breaching shotguns and the associated munitions
only for official law enforcement purposes, according to State and Federal law.
6. Firearms of .50 Caliber and Ammunition: A .50 caliber bolt -action rifle is defined as a centerfire
rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun as
defined by Penal Code section 16880. A ".50 BMG cartridge" means a cartridge that is designed
and intended to be fired from a centerfire rifle and that meets all of the following criteria: It has
an overall length of 5.54 inches from the base to the tip of the bullet, the bullet diameter for the
cartridge is from .510 to, and including, .511 inch, the case base diameter for the cartridge is
from .800 inch to, and including, .804 inch, and the cartridge case length is 3.91 inches. (Penal
Code §§ 30525, 30530.)
a. Description, quantity, capabilities, and purchase cost
i. McMillian TAC-50 Bolt Action Sniper Rifle I Cost: $7,100 each I Quantity: 11 The McMillan
TAC-50 is a manually operated, rotary bolt -action rifle. The large bolt has dual front
locking lugs, and its body has spiral flutes to reduce weight. The heavy match -grade
barrel is also fluted to dissipate heat quickly and reduce overall weight, and fitted with an
effective muzzle brake to reduce recoil. The rifle is fed from detachable box magazines,
holding 5 rounds each. The stock is made from fiberglass by McMillan Stocks and is
designed to be used from a bipod only. The buttstock is adjustable for the length of pull
with rubber spacers and can be removed for compact storage. The rifle has no open
sights; it can be used with a variety of telescopic or night sights. The rifle can be also
used to hit subjects that are hiding behind cover and walls, as its powerful ammunition
can penetrate through bricks and concrete.
ii. Hornady .50 Caliber BMG 750 Grain A -Max Ammunition Cartridge I Cost: $67 (per box
of 10) 1 Quantity: Not to exceed 1,000 1 Loaded to exacting specifications to provide
pinpoint accuracy. Each cartridge is loaded with either Hornady® A -MAX® bullets, high-
performance boat tail hollow points, or the new, radically superior ELD® Match bullets.
Stringent quality control ensures proper bullet seating, consistent charges and pressures,
optimal velocity, consistent overall length, and repeatable accuracy.
Military Equipment Inventory Attachment Page 5
b. Purpose
The rifle provides authorized personnel with the capability to pierce hard armor, multiple
layers of mild steel, or substantial brick, concrete, and other materials that may give hard
cover to armed and/or dangerous suspects. It can also be used to disable vehicles, disrupt
homemade explosives, provide over -watch protection, and for tactical porting. Tactical
porting is the use of a projectile fired from a hard target rifle to create a port or hole.
c. Authorized Use
The use of the rifle is restricted to designated and authorized members of the SPD SWAT
Team. Operators must attend an approved 40-hour training course provided by a certified
instructor. Once certified authorized users must qualify with the rifle every year.
d. Expected Lifespan
i. McMillian TAC-50 Bolt Action 50. Caliber Rifle: 20 years
ii. Hornady .50 Caliber BMG 750 Grain A -Max ammunition: No expiration
e. Fiscallmpact
i. Rifle: Annual maintenance is approximately $0 to $200 per rifle
ii. Ammunition: Expected annual cost between $0 to $500 to replenish used stock
f. Training
Before deploying the rifle, designated SPD SWAT Team members must attend an approved
40-hour training course provided by a certified instructor. Once certified, authorized users
must qualify with the rifle every year.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Firearms). It is the policy of the
Department to utilize the rifle only for official law enforcement purposes, and according to
State and Federal law including those regarding the use of force.
7. Specialized Firearms and Ammunition: Firearms that are fired from shoulder level, having a
long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy
over a long distance.
a. Description, quantity, capabilities, and purchase cost
i. Colt M4 Carbine 5.56MM Rifle, Model: LE6920MPS B I Cost: $636.55 each I Quantity:
Not to exceed 80 1 The carbine rifle is a firearm, capable of accurately stopping an armed
subject at various distances. The carbine rifle is a lightweight, air-cooled, gas operated,
magazine fed, shoulder fired weapon, designed for semi -automatic & selective fire. The
projectile is capable of penetrating soft body armor being worn by armed subjects.
ii. DPMS Panther Arms AR-10 .308 Caliber Rifle, Model: LR-308 I Cost: $1,500 each
Quantity: 4 1 The DPMS with a 16" customized barrel, AR-10, is a precision style rifle. The
firearm is chambered in .308 Winchester/7.62 NATO Rifle and has a 16" customized
precision barrel. The magazine holds 20 rounds of ammunition and the rifle has a
collapsible stock. This rifle is primarily used in an over -watch capacity to protect the
community and SPD SWAT Team members during large events and critical incidents.
The projectile is capable of penetrating soft body armor being worn by armed subjects.
iii. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition
Cartridge I Cost: $319 (per case of 500) 1 Quantity: Not to exceed 10,000 1 The Tactical
Bonded Rifle Ammunition is a Federal product made exclusively for law enforcement. It
achieves accuracy and terminal performance unmatched by any other ammunition.
Designed to defeat the toughest barriers with minimal deflection or deviation for the most
intense situations.
Military Equipment Inventory Attachment Page 6
iv. Colt 5.56MM, M4 Commando Carbine Lower Receiver with Daniel Defense MK18 Upper
Receiver Group I Cost: $1,900 each I Quantity: Not to exceed 30 1 The carbine rifle is a
firearm, capable of accurately stopping an armed subject at various distances. The
carbine rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired
weapon, designed for semi -automatic and selective fire. The projectile is capable of
penetrating soft body armor being worn by armed subjects.
v. Sig Sauer MPX Suppressed 9MM Sub -gun I Cost: $1,400 each I Quantity: Not to exceed
20 1 The MPX is a firearm, capable of accurately stopping an armed subject at various
distances. It is compact and designed to match firepower while also having the capability
to clear enclosed or close combat spaces.
vi. Heckler & Koch MP5 9MM Sub -gun I Cost: $2,500 each I Quantity: Not to exceed 20
The MP5 is a firearm, capable of accurately stopping an armed subject at various
distances. It is compact and designed to match firepower while also having the capability
to clear enclosed or close combat spaces.
b. Purpose
To be used as precision weapons to address a threat with more accuracy and/or greater
distances than a handgun, if present and feasible. These firearms can also be used to match
the firepower of the threat being faced, as well as to penetrate barriers or barricades in critical
incidents.
c. Authorized Use
Use of all of the listed firearms are guided by the Manual. The Colt M4 Carbine is authorized
to be carried by all officers regardless of assignment. The AR-10 and M4 Commando carbine
rifles are specifically used by SWAT. The MPX and MP5 are specifically used by SWAT and
the Special Enforcement Team (SET). All of these firearms are only authorized for use by an
officer after attending an approved training with annual training and qualifications thereafter.
d. Expected Lifespan
i. Colt M4 Carbine 5.56MM Rifle: 20 years
ii. DPMS Panther Arms AR-10 .308 Caliber Rifle, Model: LR-308: 20 years
iii. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition
Cartridge: No expiration
iv. Colt 5.56MM, M4 Commando Carbine Lower Receiver with Daniel Defense MK18 Upper
Receiver Group: 20 years
v. Sig Sauer MPX Suppressed 9MM Sub -gun: 20 years
vi. Heckler & Koch MP5 9MM Sub -gun: 20 years
e. Fiscallmpact
i. Rifles: Annual maintenance is approximately $0 to $100 per rifle
ii. Ammunition (.308 Winchester): Expected annual cost between $200 and $1,000 to
replenish used stock
f. Training
The officers receive training during orientation and conduct continual annual training. The
AR-10 and M4 Commando carbine rifles are specifically used by SWAT. The MPX and MP5
are specifically used by SWAT and the Special Enforcement Team (SET). Before deploying
specialty rifles, designated SET and/or SWAT Team members must attend an approved
training course provided by a certified instructor. Once certified, authorized users must qualify
with the rifle every year.
g. Legal and Procedural Rules
Military Equipment Inventory Attachment Page 7
Use is established under Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy
of the Department to utilize these rifles and the associated munitions only for official law
enforcement purposes, according to State and Federal law.
8. Diversionary Devices (Flashbangs): A diversionary device is ideal for distracting dangerous
suspects during assaults, hostage rescue, room entry, or other high -risk arrest/search warrant
situations.
a. Description, quantity, capabilities, and purchase cost
i. Defense Technology Low Roll Reloadable Flashbang (#8933) with 12-Gram Reload
(#8901) 1 Cost: $33.23 each I Quantity: Not to exceed 60 1 The Low Roll Reloadable
Flashbang is an explosive device that produces a flash of light and a sudden, loud noise
intended to temporarily stun, distract, and disperse people. It is thrown by hand or
projected and produces 175 dB of sound output at 5 feet and 6-8 million candelas for 10
milliseconds.
ii. Combined Tactical Systems, 7290m Mini Flashbang I Cost: $38 each I Quantity: Not to
exceed 60 1 The 7290M Flashbang is an explosive device that produces a flash of light
and a sudden, loud noise intended to temporarily stun, distract, and disperse people. It
produces 175db of sound output and produces 6-8 million candelas of light.
iii. Combined Tactical Systems, 7290-9 Flashbang I Cost: $138.70 each) Quantity: Not to
exceed 60 1 The 7290-9 Flashbang is an explosive device that produces a flash of light
and a sudden, loud noise intended to temporarily stun, distract, and disperse people.
b. Purpose
The proper use and deployment of diversionary devices can increase officer safety and assist
officers with the successful completion of a tactical situation. This includes, but is not limited
to barricaded suspects, hostage situations, high -risk warrant service, or any life -threatening
situation.
c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Department -
approved training by a certified Department -approved trainer may be issued, use, or carry
diversionary devices. The devices shall be stored and carried within Federal regulations.
These devices can also be used for training exercises or approved demonstrations.
d. Expected Lifespan
i. Defense Technology Low Roll Flash -Bang Body 8933: Approximately 26 deployments
ii. Defense Technology Distraction Device Reload 12-Gram 8901: Until used
iii. Combined Tactical Systems 7290M Mini Flash -Bang: Until used
iv. Combined Tactical Systems 7290-9 Flash -Bang: Until used
e. Fiscallmpact
Expected annual cost of $500 to $4,000 to replenish used stock (including training
deployments)
f. Training
Before use, officers must attend diversionary device training that is conducted by a certified
Department approved instructor. Additionally, members of the SPD SWAT Team will conduct
two two-hour training blocks on the use of diversionary devices yearly.
g. Legal and Procedural Rules
Use is established in the Manual (Use of Force and Diversionary Devices - Flashbangs). It is
the policy of the Department to utilize diversionary devices only for official law enforcement
purposes, and according to State and Federal law regarding the use of force.
Military Equipment Inventory Attachment Page 8
9. Chemical Agents: Canisters that contain chemical agents (such as CS (2-
chlorobenzalmalononitrile), OC (Oleoresin Capsicum) and CN (Chloroacetophenone)) that are
released when deployed.
a. Description, guantity, capabilities, and purchase cost
i. Defense Technology Pocket Tactical Grenade, CS, #1016 1 Cost: $29.77 each I Quantity:
Not to exceed 30 1 The Pocket Tactical Grenade is a small, lightweight, easily carried
device that provides a medium volume of a chemical agent (CS) or smoke for certain
situations. It was designed with the tactical team in mind for distraction, concealment,
rescue, or signaling. The pocket grenade is not specifically intended as a crowd
management device; however, it can be used in chemical configurations in conjunction
with larger smoke canisters to "piggyback" chemical agents into a predominately smoke
environment.
ii. Defense Technology Pocket Tactical Grenade, Saf-Smoke, #1017 1 Cost: $29.77 each
Quantity: Not to exceed 30 1 The Pocket Tactical Grenade is a small, lightweight, easily
carried device that provides a medium volume of a chemical agent or smoke for certain
situations. It was designed with the tactical team in mind for distraction, concealment,
rescue, or signaling. The pocket grenade is not specifically intended as a crowd
management device; however, it can be used in chemical configurations in conjunction
with larger smoke canisters to "piggyback' chemical agents into a predominately smoke
environment.
iii. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS, #1072
1 Cost: $30 each I Quantity: Not to exceed 30 1 The Spede-HeatTm Grenade is designed
specifically for outdoor use in crowd control situations. It is a high -volume continuous burn
device that expels its CS payload in approximately 20 - 40 seconds from a single source.
iv. Defense Technology Large Style Maximum Smoke, #1073, 1 Cost: $38.29 each
Quantity: Not to exceed 30 1 The Large Style Maximum Smoke Grenade is a designed
specifically for outdoor use in crowd management situations. It is a high volume, slow -
burning device that deploys large quantities of grey -white colored smoke for
approximately 1.5 to 2 minutes. It can be utilized as a carrying agent (multiplier) for
smaller OC, CN, or CS munitions, or for concealing the movement of agency personnel.
It may also be used as a distraction to focus attention away from other activities.
v. Defense Technology Maximum HC Smoke Military -Style Canister, #1083, 1 Cost: $35.62
each I Quantity: Not to exceed 30 1 The Military -Style Maximum Smoke Grenade comes
from the Defense Technology@ #3 smoke grenade. It is a slow -burning, high -volume,
continuous discharge grenade designed for outdoor use in crowd management situations.
Emits grey -white smoke only for approximately 1.5 to 2 minutes.
vi. Defense Technology Stinger CS Rubber Ball Grenade, #1088 1 Cost: $50.62 each
Quantity: Not to exceed 30 1 The Stinger@ Grenade is a combination of a Less Lethal
Impact Munitions and a Distraction Device@ that may incorporate optional CS or OC
laden powder if desired. The Stinger@ Grenade is a maximum effect device as it delivers
up to four stimuli for psychological and physiological effect: rubber pellets, light, sound,
and optional chemical agent or OC. The blast is sufficient to project the rubber balls and
optional chemical agent in a 50-foot radius. The Stinger@ Grenade is most widely used
as a crowd management tool by law enforcement and corrections in indoor and outdoor
operations. As a pain compliance, distraction, and disorientation device for crowd
management, it may be hand thrown or launched in the general direction of the crowd. It
may be deployed for ground bursts or aerial bursts at the discretion of the operator. It is
Military Equipment Inventory Attachment Page 9
generally reserved as the last selection when chemical agents and less lethal impact
munitions have not resolved the disorder or routed the crowd.
vii. Defense Technology Han -Ball Rubber Ball Grenade, CS, #1092 1 Cost: $37.10 each
Quantity: Not to exceed 301 The Han-BallTm Rubber Ball Grenade is a fast -burning, high -
volume continuous discharge grenade available in OC, CN, CS, and Saf-Smoke TM"
Designed specifically for outdoor use in crowd management situations. It is excellent for
the rapid delivery of a chemical agent or smoke in quickly changing tactical situations.
viii. Defense Technology Han -Ball Grenade, Saf-Smoke, #1093 1 Cost: $37.10 each
Quantity: Not to exceed 30 1 The Han-BallT Rubber Ball Grenade is a fast -burning, high -
volume continuous discharge grenade available in OC, CN, CS, and Saf-Smoker"". It is
excellent for the rapid delivery of a chemical agent or smoke in quickly changing tactical
situations. Hand throw or launch use only. Launching of grenades will provide deploying
officers with additional standoff distances. This grenade offers coverage for large outdoor
areas. In the Saf-SmokeTM configuration, it can be utilized for concealing the movement
of agency personnel. It may also be used as a distraction to focus attention away from
other activities.
ix. Defense Technology OC Aerosol Grenade Fogger, 1 OZ., #56814 1 Cost: $13.75 each
Quantity: Not to exceed 30 1 The Aerosol Grenade Fogger is a non -pyrotechnic that
contains no chlorofluorocarbons (CFCs), is not a fire hazard, and requires minimal
decontamination. It is designed for use in tactical indoor operations by law enforcement.
The purpose of the Aerosol Grenade Fogger is to minimize the risks to all parties through
pain compliance, temporary discomfort, and/or incapacitation of potentially violent or
dangerous subjects. The 1.3% Major Capsaicinoids provide sufficient effects in confined
areas of up to 6,000 cubic feet such as attics, crawl spaces, garages, and interior rooms.
x. Defense Technology OC Aerosol Grenade Fogger, 6 OZ., #56854 1 Cost: $18.35 each
Quantity: Not to exceed 30 1 The Aerosol Grenade Fogger is a non -pyrotechnic that
contains no CFCs, is not a fire hazard, and requires minimal decontamination. It is
designed for use in tactical indoor operations by law enforcement. The purpose of the
Aerosol Grenade Fogger is to minimize the risks to all parties through pain compliance,
temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.
The 1.3% Major Capsaicinoids provide sufficient effects in confined areas of up to 25,000
cubic feet such as attics, crawl spaces, garages, and interior rooms.
A. Combined Tactical Systems (CTS) 5230B CS Baffled Canister Grenade, Pyro, Low
Flame I Cost: $45.20 each I Quantity: Not to exceed 100 1 Pyrotechnic grenade designed
for indoor/outdoor use delivering a maximum amount of irritant smoke throughout multiple
rooms with minimal risk of fire.
xii. Combined Tactical Systems (CTS) 6340 OC Vapor Grenade I Cost: $45.25 each
Quantity: Not to exceed 30 1 This unique grenade delivers an invisible OC vapor and
renders an intense respiratory effect to a non -compliant subject. The CTS 6340 has a 1-
5 second discharge time and discharges OC vapor through three emission ports.
xiii. Defense Technology First Defense 1.3% MK-9 Stream, Gel, or Foam OC Aerosol,
#56895, 56591, 56891, 56792 1 Cost: $47.32 each I Quantity: Not to exceed 12 1 The
MK-9 features an easy to use trigger handle, is intended for use in crowd management,
and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC
aerosol product utilizes a stream delivery method providing a target -specific, strong
concentrated stream for greater standoff.
xiv. Defense Technology 1.3% MK-46V Stream OC Aerosol, #43046 1 Cost $380.85 each
Quantity: Not to exceed 6 1 The MK-46 features a trigger handle, is intended for use in
Military Equipment Inventory Attachment Page 10
crowd management, and will deliver 26 short bursts of OC at an effective range of 25-30
ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target -
specific, strong concentrated stream for greater standoff.
b. Purpose
Chemical agents may be used for crowd control, crowd dispersal, or against barricaded
suspects based on the circumstances. This is done to limit the escalation of conflict where
employment of lethal force is prohibited or undesirable.
c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Department -
approved training may be issued, use or carry chemical agents. These chemical agents can
also be used for training exercises or approved demonstrations.
d. Training
Sworn members utilizing chemical agent canisters must be certified by a Department
chemical agent instructor during orientation and during reoccurring Department in-service
training. Additionally, members of the SPD SWAT Team will receive training on chemical
agents bi-yearly and that training will be conducted by a certified chemical agent instructor in
two-hour blocks.
e. Expected Lifespan
i. Defense Technology Pocket Tactical Grenade, CS, #1016: 5 years
ii. Defense Technology Pocket Tactical Grenade, Saf-Smoke: #1017: 5 years
iii. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS:
#10725: 5 years
iv. Defense Technology Large Style Maximum Smoke: #1073: 5 years
v. Defense Technology Maximum HC Smoke Military -Style Canister: #1083: 5 years
vi. Defense Technology Stinger CS Rubber Ball Grenade: #1088: 5 years
vii. Defense Technology Han -Ball Rubber Ball Grenade, CS: #1092: 5 years
viii. Defense Technology Han -Ball Grenade, Saf-Smoke: #1093: 5 years
ix. Defense Technology OC Aerosol Grenade Fogger, 1 OZ: #56814: 5 years
x. Defense Technology OC Aerosol Grenade Fogger, 6OZ: #56854: 5 years
A. Combined Tactical Systems (CTS) CS Baffled Canister Grenade, Pyro, Low -Flame:
5230B: 5 years
xii. Combined Tactical Systems (CTS) OC Vapor Grenade: 6340: 5 years
xiii. Defense Technology First Defense 1.3% MK-9 Stream, Gel, or Foam OC Aerosol:
#56895, 56591, 56891, 56792: 5 years
xiv. Defense Technology 1.3% MK-46V Stream OC Aerosol: #43046: 5 years
f. Fiscallmpact
Expected annual cost of $2,500 to $10,000 to replenish used stock (including training
deployments)
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force, Chemical Agents, and Oleoresin
Capsicum - OC). It is the policy of the Department to utilize chemical agents only for official
law enforcement purposes, and according to State and Federal law, including those regarding
the use of force.
10. Chemical Agent Launcher: Cups that attach to 12 gauge less -lethal shotguns which allow
officers to launch canisters of chemical agents or smoke.
a. Description, quantity, capabilities, and purchase cost
Military Equipment Inventory Attachment Page 11
i. Combined Tactical Systems (CTS) LC5 Launching Cup I Cost: $302 each I Quantity:
Quantity: Not to exceed 6 1 The CTS LC5 Launching Cup is designed for the 5200 series
chemical agent grenades. The cup can be attached to virtually any 12 gauge shotgun
and it launches cartridges for crowd management or as a diversionary device.
ii. Defense Technology 12-Gauge Muzzle Bang/Launching Cartridge, #1210 1 Cost: $6.64
each I Quantity: Not to exceed 160 1 The 12-Gauge Muzzle Bang Launching Cartridge
incorporates an opaque shell and utilizes black powder as the propellant. The 12-Gauge
Muzzle Bang Launching Cartridge is designed to be launched from a launching cup and
produces 170 dB of sound output. It is designed to be aimed at the floor or wall at a 45
degree angle. It is used as a crowd management tool by law enforcement and corrections
in crowd control situations as a means of warning, intimidation, or diversion. It may be
deployed in the air over crowds or to the side for dissuading movement in a given
direction. It may also be deployed to the far side of buildings to divert the attention away
from an approach or entry.
b. Purpose
May be used for crowd control, crowd dispersal, riots, or against barricaded suspects based
on the circumstances. It can also be used in circumstances where a tactical advantage can
be obtained or during civil unrest incidents. This is done to limit the escalation of conflict
where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Absent exigent circumstances, only sworn members who have completed Department -
approved training may be issued or use CTS LC5 Launching Cups.
d. Expected Lifespan
i. CTS LC5 Launching Cup: 25 years
ii. 12-Gauge Muzzle Bang / Launching Cartridge: Until used
e. Fiscallmpact
i. Launching Cups: Expected annual cost of $0 to $100 for maintenance
ii. Cartridges: Expected annual cost of $100 to $300 for training and to replenish used stock
(including training deployments)
f. Training
Sworn members utilizing CTS LC5 Launching Cups and 12-Gauge Muzzle Bang / Launching
Cartridges must be certified by a certified chemical agent/diversionary device instructor.
Additionally, members of the SPD SWAT Team will receive training on CTS LC5 Launching
Cups bi-yearly and that training will be conducted by a POST -certified chemical
agent/diversionary device instructor in two-hour blocks.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Chemical Agents). It is the policy of
the Department to utilize CTS LC5 chemical agent launching cups only for official law
enforcement purposes, and according to State and Federal law, including those regarding
the use of force.
11. Specialty Impact Munitions (SIMs) - 40mm Launchers and Munitions: These devices are
considered less lethal and are used to gain compliance from an individual who is violently or
actively resisting. The use of such a device is intended to mitigate the number of serious injuries
to officers, the subject, and other individuals.
a. Description, guantity, capabilities, and purchase cost
i. 40MM LMTTm Tactical Single Launcher 1425, Expandable Stock I Cost: $1,200 each
Quantity: Not to exceed 40 1 The 40LMT is a tactical single -shot launcher that features
Military Equipment Inventory Attachment Page 12
an expandable Rogers Super Stock and an adjustable Integrated Front Grip (IFG) with
light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow
both a single and two -point sling attachment. The 40LMT will fire standard 40mm less -
lethal ammunition, up to 4.8 inches in cartridge length.
ii. Penn Armas 40MM Multi -Shot, Pump Advance Launcher - 5' Cylinder I Cost: $3,336 each
Quantity: Not to exceed 6 1 A 40mm pump -action advance magazine drum launcher with
a fixed stock and combo rail. It has a six -shot capacity 5' cylinder and a 10.75" rifled
barrel. The PGL-65 features include a Double -action trigger, trigger lock push button, and
hammerlock safeties.
iii. Defense Technology 40MM eXact iMpactM Sponge Round: #6325 1 Cost: $20.79 each
Quantity: Not to exceed 1,000 1 The 40 mm exact iMpactM Sponge Round is a "point -of -
aim, point -of -impact" direct fire round that is most commonly used by tactical teams in
situations where maximum deliverable energy is desired for the incapacitation of an
aggressive, non -compliant subject. The 40 mm exact iMpactT Sponge Round is intended
for direct fire deployment. These areas provide sufficient pain stimulus, while greatly
reducing serious or life -threatening injuries. The 40 mm exact iMpactTM Sponge Round
can also be deployed in crowd control situations to protect the riot line, cover or enhance
chemical munitions, or target specific agitators and organizers of the crowd. When used
in this fashion, it is primarily both a psychological deterrent and physiological distraction
serving as a pain compliance device to either get the crowd or subject moving or keep
them at a designated distance.
iv. Defense Technology 40MM eXact iMpactTm LE 40MM Extended Range Sponge Round:
#6325LE I Cost: $23.52 each I Quantity: Not to exceed 150 1 The eXact iMpactT 40 mm
Sponge Round is a point -of -aim, point -of -impact direct -fire round. This lightweight, high-
speed projectile consists of a plastic body and sponge nose. It can be launched at a
greater distance to provide further separation from officers. Used for crowd control, patrol,
and tactical applications.
v. Defense Technology 40MM Direct Impact® OC Round: #6320 1 Cost: $20.79 each
Quantity: Not to exceed 1,000 1 A less lethal 40 mm lightweight plastic and crushable
foam projectile fired from a single or multi -round purpose-built 40 mm grenade launcher
with a rifled barrel at 295 feet per second (FPS). The 39-gram crushable foam projectile
delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of OC
irritant. The 40 mm Direct Impact OC round provides accurate and effective performance
when fired from the approved distance of not less than five (5) feet and as far as 120 feet
from the target.
vi. Defense Technology 40MM Direct Impact® OC Adjustable Range Round: #6320A I Cost:
$37.95 each I Quantity: Not to exceed 150 1 The 40mm Direct Impact® Adjustable Range
Round consists of a plastic body and a crushable foam nose that contains a powder
payload. This payload contains an OC powder. The crushable foam nose dissipates
energy upon impact while releasing the powder payload. The projectile design has a
unique user -adjustable patented gas -bleed feature, which allows kinetic energy to be
adjusted for two design points addressing close -in and extended range engagements. In
the opened position, the standard range velocity allows for engagements of 1.5 — 40
meters. In the closed position, the extended range velocity allows for engagements of 40
— 70 meters.
vii. Defense Technology 40MM Direct Impact® CS Round: #6322 1 Cost: $20.79 each
Quantity: Not to exceed 1,000 1 A less lethal 40 mm lightweight plastic and crushable
foam projectile fired from a single or multi -round purpose-built 40 mm grenade launcher
Military Equipment Inventory Attachment Page 13
I
C.
with a rifled barrel at 295 feet per second (FPS). The 39-gram crushable foam projectile
delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of CS
irritant. The 40MM Direct Impact CS round provides accurate and effective performance
when fired from the approved distance of not less than five (5) feet and as far as 120 feet
from the target.
viii. Defense Technology Direct Impact@ 40MM Adjustable Range Round, CS Marking:
#6322A I Cost: $37.95 each I Quantity: Not to exceed 150 1 The 40mm Direct Impact@
Adjustable Range Round consists of a plastic body and a crushable foam nose that
contains a powder payload. This payload is a marking and CS powder. The crushable
foam nose dissipates energy upon impact while releasing the powder payload. The
projectile design has a unique user -adjustable patented gas -bleed feature, which allows
kinetic energy to be adjusted for two design points addressing close -in and extended
range engagements. In the opened position, the standard range velocity allows for
engagements of 1.5 — 40 meters. In the closed position, the extended range velocity
allows for engagements of 40 — 70 meters.
ix. Defense Technology Ferret 40MM CS Liquid Barricade Penetrator Round, #2262 1 Cost:
$22.84 each I Quantity: Not to exceed 500 1 The Ferret@ 40mm Round is non -burning
and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate
barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon
impacting the barrier, the nose cone ruptures and instantaneously delivers a small
chemical payload inside of a structure or vehicle. In a tactical deployment situation, the
40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its
purpose is to minimize the risks to all parties through pain compliance, temporary
discomfort, and/or incapacitation of potentially violent or dangerous subjects.
x. Defense Technology Ferret 40MM CS Powder Barricade Round, #2292 1 Cost: $22.15
each I Quantity: Not to exceed 500 1 The Ferret@ 40 mm Barricade Penetrating Round is
filled with a CS powder chemical agent. It is a frangible projectile that is spin -stabilized
utilizing barrel rifling. It is non -burning and designed to penetrate barriers. Primarily used
to dislodge barricaded subjects, it can also be used for area denial. Primarily used by
tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors,
wallboard, and thin plywood. Upon impact, the nose ruptures and instantaneously
delivers the agent payload inside a structure or vehicle.
Purpose
The use of these devices is intended to mitigate the number of serious injuries to officers, the
subject, and other individuals. The devices limit the escalation of conflict where employment
of lethal force is prohibited or undesirable.
Authorized Use
Approved SIM projectiles may be used in any of the following circumstances when the
circumstances perceived by the officer at the time indicate that such application is reasonably
necessary to:
i. Control a subject who is violent or is actively resisting
ii. Control a subject who has demonstrated, by words or action, an intention to be violent or
to physically resist, and reasonably appears to present the potential to harm officers,
him/herself or others
iii. Disarm a suspect or control a subject who is reasonably believed to be armed
iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing
officer, without other known circumstances or factors, is not good cause for the use of a
SIM to apprehend an individual)
Military Equipment Inventory Attachment Page 14
. The coordination of annual community engagement meetings regarding the Department's funding,
acquisition and use of "military equipment"; and
. The provision of written directions to members of the public concerning how to register complaints
for any violations;
Additionally, all incidents where the "military equipment" is deployed that result in a use of force will be
investigated. This is an existing requirement in the Police Department's current policy manual.
Below are the WCPD's "military equipment" items. WCPD has not discovered alternative items that can
achieve the same objectives of officer and resident safety.
. Unmanned remotely piloted powered aerial vehicles: Unmanned Aerial Systems (UAS) are
necessary as they provide visibility to high risk locations, remotely from a safe distance. Without the
use of a UAS, peace officers would have to deploy to high risk locations in person with less
information, which would increase the risk to the officers and members of the public. The UAS
system is designed to enter small spaces, such as enclosed structures, as well as to provide
overhead observations of wooded areas and other structures located in spaces that are often
crowded. The City Council previously approved the purchase of WCPD's unmanned aerial system
at the November 7, 2017 City Council meeting (Item #11). There are no known alternatives which
could be used to safely access these locations.
. Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for
reconnaissance during critical incidents to assist in providing visibility in areas where it would be
unsafe to send a peace officer. This system can also be used to defuse or move potentially
hazardous items. Not having access to this item would require the use of peace officers to engage
in high risk tasks. There is no known alternative to this system.
. Wheeled armored personnel carriers with breaching or entry apparatus: Armored vehicles are
used to provide ballistic protection to officers and citizens during rescue, critical incidents, and other
hazardous situations. These vehicles allow officers closer access to high risk situations while
substantially reducing the physical risk to the officers and citizens. The City Council approved the
purchase of WCPD's newest armored vehicle (a Bearcat") at the September 15, 2015 City Council
meeting (Item #10), separately, the U.S. Department of Justice approved WCPD's Bearcat
purchase via written correspondence on January 14, 2016. Vehicles in this category are often but
not always built on commercial, civilian vehicle chassis. There are no reasonable alternatives to
these vehicles that provide the same level of ballistic protection.
. Command and control vehicles: The Mobile Command Post (MCP) vehicle is an unarmored
vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication
and audio-visual devices to assist in command and control of a critical incident. This vehicle allows
for mobile incident command and use of the Incident Command Systems facilitating the best
possible on -scene decision -making by key leaders. It provides for mobility, sheltering, logistical
support, dispatching, restroom facilities, and power. The City Council approved the purchase of
WCPD's MCP vehicle at the September 17, 2013 City Council meeting (Item #7). There is no
known alternative for the MCP which provides the same amount of mobility and support at one
location in a quick deploying package.
. Specialized firearms and ammunition including assault weapons: Patrol rifles, Special Weapons
and Tactics (SWAT) rifles, Special Enforcement Team (SET) rifles, and sniper rifles enable officers
when in compliance with the WCPD's Use of Force Policy, to address medium to long distance
threats, or those threats who are heavily armed, armored or both. Further, in both short and
long-distance deployments, they allow officers the ability for precision shot placement, minimizing
the risk to officers and innocent people. There are no known alternatives to these weapons that will
provide the same level of distance or precision.
. Flashbangs: Flashbangs are used as a diversionary device in order to disorient or divert the
suspect's attention away from officers in critical incidents. This can allow officers to gain safer
access to a high -risk situation, giving extra time to assess and analyze existing threats. This can
v. Gain compliance during tactical situations that include but are not limited to a riot or civil
unrest
vi. Control dangerous animals
vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.)
viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. LMT 40mm Launchers: At least 15 years
ii. Penn Arms 40 mm Multi -Shot, Pump Advance Launcher, 5 Cylinder: At least 15 years
iii. Defense Technology 40MM eXact iMpactM Sponge Round: #6325: 5 years
iv. Defense Technology 40MM eXact iMpactTm LE 40MM Extended Range Sponge Round:
#6325LE: 5 years
v. Defense Technology 40MM Direct Impact® OC Round: #6320: 5 years
vi. Defense Technology 40MM Direct Impact® OC Adjustable Range Round: #6320A: 5
years
vii. Defense Technology 40MM Direct Impact® CS Round: #6322: 5 years
viii. Defense Technology Direct Impact® 40MM Adjustable Range Round, CS Marking:
#6322A: 5 years
ix. Defense Technology Ferret 40MM CS Liquid Barricade Penetrator Round, #2262: 5 years
x. Defense Technology Ferret 40MM Powder Barricade Round, #2292: 5 years
e. Fiscallmpact
i. Launchers: Annual maintenance is approximately $0 to $100 for each launcher
ii. Munitions: Expected annual cost of $2,000 to $5,000 to replenish used stock (including
training deployments)
Training
All officers receive training on the use of the 40mm LMT launcher with the sponge (#6325)
and OC round (#6320). This training occurs during orientation and through reoccurring in-
service training taught by Department instructors. SWAT personnel receive additional training
internally when they transfer to the unit to include the Penn Arms launcher, CS rounds,
barricade rounds, and the other rounds listed. SWAT operators who utilize these munitions
have completed an approved chemical agent school and/or training facilitated by a
Department -certified chemical agent instructor.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force, Specialty Impact Munitions (SIM) Less -
Lethal, Chemical Agents, and Oleoresin Capsicum — OC). It is the policy of the Department
to utilize the SIM launchers and munitions only for official law enforcement purposes and
according to State and Federal law, including those regarding the use of force.
12. Specialty Impact Munitions (SIMs) - 12 Gauge "Bean Bag" Launchers and Munitions:
These devices are considered less lethal and are used to gain compliance from an individual
who is violently or actively resisting. The use of such a device is intended to mitigate the number
of serious injuries to officers, the subject, and other individuals.
a. Description, quantity, capabilities, and purchase cost
i. Mossberg 590 12-Gauge Shotgun (Standard Department -issued with color marking to
signify its use as less -lethal) I Cost: $645 each I Quantity: Not to exceed 30 1 The
Mossberg 590 Less Lethal Shotgun is used to deploy the 12-Gauge Drag Stabilized
Round up to 75 feet. The range of the weapon system helps to maintain space between
officers and an individual, reducing the immediacy of the threat which is a principle of de-
escalation.
Military Equipment Inventory Attachment Page 15
Defense Technology 12-Gauge Drag Stabilized Round, #3027 1 Cost: $5.34 each
Quantity: Not to exceed 1,000 1 The Drag Stabilized TM 12-Gauge Round is a translucent
12-Gauge shell loaded with a 40-Gram tear -shaped bag made from a cotton and ballistic
material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes
smokeless powder as the propellant. This round has a velocity of 270fps with a maximum
effective range of 75 feet.
b. Purpose
The use of such a device is intended to mitigate the number of serious injuries to officers, the
subject, and other individuals. The devices limit the escalation of conflict where employment
of lethal force is prohibited or undesirable.
c. Authorized Use
Approved SIM projectiles may be used in any of the following circumstances when the
circumstances perceived by the officer at the time indicate that such application is reasonably
necessary to:
i. Control a subject who is violent or is actively resisting
ii. Control a subject who has demonstrated, by words or action, an intention to be violent or
to physically resist, and reasonably appears to present the potential to harm officers,
him/herself or others
iii. Disarm a suspect or control a subject who is reasonably believed to be armed
iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing
officer, without other known circumstances or factors, is not good cause for the use of a
SIM to apprehend an individual)
v. Gain compliance during tactical situations that include but are not limited to a riot or civil
unrest
vi. Control dangerous animals
vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.)
viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. Mossberg 590 Shotgun (Standard department -issued): At least 15 years
ii. Defense Technology 12-Gauge Drag Stabilized Round: 5 years
e. Fiscallmpact
i. Shotgun: Annual maintenance is approximately $0 to $50 for each shotgun
ii. Ammunition: Expected annual cost of $200 to $1,000 to replenish used stock
f. Training
All officers are trained in the 12-gauge Mossberg 590 less -lethal shotgun with the 12-gauge
drag -stabilized round. This training occurs during orientation and through reoccurring in-
service training taught by Department instructors.
g. Legal and Procedural Rules
Use is established under the Manual (Use of Force and Specialty Impact Munitions (SIM)
Less -Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only
for official law enforcement purposes and according to State and Federal law, including those
regarding the use of force.
Military Equipment Inventory Attachment Page 16
prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow
officers to take a citizen into custody without force. There is no known alternative to a flashbang
when it is necessary.
. Explosive breaching tools: Explosive breaching tools are used by the SWAT team in order to enter
fortified or hardened structures to allow for rescue or other high -risk police entries. They are used
when there are no other reasonable alternatives to rapidly breach a location. They are only used
when time is of the essence in order to preserve life. Without these items, peace officers may not
be able gain access to a location in a safe and timely manner to engage in necessary police
operations during critical incidents. There is no known reasonable alternative to these items when
they are necessary as stated.
. Chemical agents: Chemical agents such as tear gas or oleoresin capsicum (OC) are less lethal
methods used to address violent or riotous crowds when there is a risk of physical safety. They are
also used to safely gain compliance of a suspect from a fixed location or safely detain a suspect
who poses a risk of violence to officers. Tear gas allows peace officers to deploy a less lethal
chemical agent into a structure where other weapons would not be capable of doing so. These
weapons are less lethal and afford peace officers an added option to avoid lethal force encounters.
When these items are reasonable and necessary for use, there is no other alternative.
. Specialty Impact Munitions (SIMs), 40mm projectile launchers, and bean bag shotguns: The 40mm
launcher affords the ability to use less lethal chemical agents and impact munitions. This allows
officers to address a threat from a greater distance and provides an alternative option for deadly
force when reasonable. The bean bag shotgun also allows officers to confront a potentially armed
or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter.
When necessary, there is no alternative to these less lethal weapon systems.
These items provide trained WCPD officers with vital tools that facilitate compliance with its stringent use
of force policy. It is essential that WCPD officers continue to have access to equipment that will provide
as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of
these tools are vital to WCPD's mission and will continue to be strictly regulated through internal
processes and oversight. Again, the loss of these items would jeopardize the welfare of police officers
and community members in West Covina.
The proposed policy was posted on WCPD's website on March 16, 2022.
Staff recommends that the City Council introduce for first reading, by title only, further reading waived,
the proposed ordinance adopting the military equipment use policy.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and proposed policy and approved them as to
form.
Prepared by: Brandon Karmann, Lieutenant
Additional Approval: Richard Bell, Chief of Police
Fiscal Impact
FISCAL IMPACT:
There is not a fiscal impact associated with this administrative item.
Attachments
Attachment No. 1 - Ordinance No. 2497 (Adopting Military Equipment Policy)
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
ATTACHMENT NO. 1
ORDINANCE NO.2497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADOPTING A
MILITARY EQUIPMENT POLICY GOVERNING THE USE
OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law
Assembly Bill 481 ("AB 481"), relating to the use of military equipment by California law
enforcement agencies; and
WHEREAS, AB 481 became effective January 1, 2022 and is codified at Sections 7070
through 7057 of Chapter 12.8 of Division 7 of Title 1 of the California Government Code; and
WHEREAS, the term "military equipment" is defined in California Government Code
Section 7070; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for
meaningful public input on decisions regarding whether and how military equipment is funded,
acquired, and used; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency
obtain approval of the governing body, by an ordinance adopting a military equipment use
policy that includes a description of the equipment, quantity, capabilities, expected lifespan,
purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized
uses, required training, and mechanisms to ensure compliance with the agency's use policy,
prior to taking certain actions relating to the funding, acquisition or use of military equipment,
including military equipment acquired prior to January 1, 2022; and
WHEREAS, the West Covina Police Department is in possession of certain items of
equipment that qualify as "military equipment" under AB 481 and further intends to acquire
other items of military equipment; and
WHEREAS, the West Covina Police Department has prepared a proposed Military
Equipment Policy, attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS, the Police Department made the proposed Military Equipment Policy
available on the Police Department's website for at least 30 days prior to the first public
meeting concerning the proposed Military Equipment Policy on April 19, 2022; and
WHEREAS, as required by AB 481, the City Council determines as follows:
(a) the military equipment inventoried and presented to the City Council is
necessary because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public's health,
welfare, safety, civil rights, and civil liberties; and
(c) the equipment is reasonably cost effective compared to available alternatives
that can achieve the same objective of officer and civilian safety; and
(d) prior military equipment use complied with the applicable equipment use policy
(which included equipment now defined as military equipment) that was in
effect at the time, or if prior uses did not comply with the accompanying
Military Equipment Policy, corrective action has been taken to remedy
nonconforming uses and ensure future compliance; and
WHEREAS, the proposed Military Equipment Policy satisfies the requirements of
California Government Code Section 7070(d); and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and
conclusions set forth above in the preamble of this Ordinance are true and correct.
SECTION 2. Approval of MilitM Equipment Policy. The City Council, having
received the information required under AB 481 regarding the West Covina Police
Department's use of military equipment as defined in said law, deems it to be in the best interest
of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit
"A." The Military Equipment Policy shall govern the approval, acquisition, use and reporting
of military equipment by the West Covina Police Department.
SECTION 3. Environmental Compliance. The City Council hereby finds that it can
be seen with certainty that there is no possibility the adoption and implementation of this
Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt
from the environmental review requirements of the California Environmental Quality Act
pursuant to Section 15061(b)(3) (General Rule) of Title 14 of the California Code of
Regulations.
SECTION 4. Inconsistencies. Any provision of the West Covina Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the West
Covina Municipal Code unless and until the City Council so ordains.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of West Covina hereby
declares that it would have adopted this Ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its
final passage.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published or posted as required by law.
PASSED, APPROVED AND ADOPTED this day of 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Ordinance No. 2497 was introduced at a regular meeting of
the City Council held on the 19th day of April, 2022, and adopted at a regular meeting of the
City Council held on the day of , 2022, by the following vote of the City
Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
EXHIBIT A
MILITARY EQUIPMENT POLICY
West Covina Police Department
West Covina PD Policy Manual
Military Equipment
716.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, use, and reporting
requirements of military equipment, as defined in Government Code § 7070, in accordance with
Assembly Bill No. 481 of 2021 (codified at Government Code §§ 7070-7075).
716.1.1 DEFINITIONS
Definitions related to this policy include:
Governing body — The elected or appointed body that oversees the Department.
Military equipment — The meaning set forth in Government Code § 7070(c), as amended from
time to time, and includes the following:
(a) Unmanned, remotely piloted, powered aerial or ground vehicles.
(b) Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers.
(c) High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks,
five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
(d) Tracked armored vehicles that provide ballistic protection to their occupants and utilize
a tracked system instead of wheels for forward motion.
(e) Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
(f) Weaponized aircraft, vessels, or vehicles of any kind.
(g) Battering rams, slugs, and breaching apparatuses that are explosive in nature. Items
designed to remove a lock, such as bolt cutters, or a handheld ram designed to be
operated by one person, are specifically excluded.
(h) Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
and standard -issue shotgun ammunition.
(i) Specialized firearms and ammunition of less than .50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §
30515, with the exception of standard -issue firearms and ammunition.
0) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(k) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls,"
excluding standard, service -issued handheld pepper spray.
(1) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
(m) The following projectile launch platforms and their associated munitions: 40mm
projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM)
weapons.
Copyright Lexipol, LLC 2022104/12, All Rights Reserved. ***DRAFT*** Military Equipment -1
Published with permission by West Covina Police Department
West Covina Police Department
West Covina PD Policy Manual
Military Equipment
(n) Any other equipment as determined by a governing body or a state agency to require
additional oversight.
(o) Notwithstanding paragraphs (a) through (n), "military equipment" does not include
general equipment not designated as prohibited or controlled by the federal Defense
Logistics Agency.
716.2 POLICY
It is the policy of the West Covina Police Department that members of this Department comply
with the provisions of Government Code §§ 7071-7072 with respect to military equipment.
716.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this Department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as a liaison to the governing body for matters related to the requirements of
this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the
jurisdiction of West Covina Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Coordinating with the City Clerk's Office to publicize the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition,
and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police
and governing body.
(g) Ensuring the annual report is made available on the Department website (Government
Code § 7072).
(h) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
716.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
WCPD Military Equipment Inventory
Copyright Lexipol, LLC 2022104/12, All Rights Reserved. ***DRAFT*** Military Equipment - 2
Published with permission by West Covina Police Department
West Covina Police Department
West Covina PD Policy Manual
Military Equipment
716.5 APPROVAL
The Chief of Police or their authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment policy. As part of the approval process, the
Chief of Police or their authorized designee shall ensure the proposed military equipment policy
is submitted to the governing body and is available on the Department website at least 30 days
prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
The military equipment policy must be approved by the governing body prior to engaging in any
of the following, as outlined in Government Code § 7071:
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
(b) 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.
(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 jurisdiction of this Department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
(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 any means not provided above.
716.6 COORDINATION WITH OTHER JURISDICTIONS
As established through past practice and mutual aid agreements, any jurisdiction through
contract, mutual aid agreement, or request must accept the Department's policies and procedures
governing the deployment of equipment utilized by West Covina Police Department employees.
This is reciprocal to other law enforcement agencies.
Military equipment used by any member of this Department shall be approved for use and in
accordance with this Department policy. Military equipment used by other jurisdictions that are
providing mutual aid to this jurisdiction shall comply with their respective military equipment use
policies in rendering mutual aid.
The West Covina Police Department hereby adopts the military equipment use policy as is
approved and may be amended from time to time, under Government Code § 7070 et seq., for
jurisdictions that the West Covina Police Department may engage with to provide mutual aid. This
section is in no way a limitation to the ability of the West Covina Police Department to deploy or
use the military equipment of another jurisdiction.
Copyright LeApol, LLC 2022104/12, All Rights Reserved. ***DRAFT*** Military Equipment - 3
Published with permission by West Covina Police Department
West Covina Police Department
West Covina PD Policy Manual
Military Equipment
716.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or their authorized designee
shall submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
The Chief of Police or their authorized designee shall also make each annual military equipment
report publicly available on the Department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072
for the preceding calendar year for each type of military equipment in Department inventory.
716.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold
at least one well -publicized and conveniently located community engagement meeting, at which
the Department should discuss the report and respond to public questions regarding the funding,
acquisition, or use of military equipment.
716.9 COMPLIANCE PROCEDURE
This procedure is to ensure compliance with the military equipment use policy. All complaints,
concerns, or questions submitted regarding this policy will be handled pursuant to the
Department's normal complaint process and be handled in a timely manner.
Copyright Lexipol, LLC 2022104/12, All Rights Reserved. ***DRAFT*** Military Equipment - 4
Published with permission by West Covina Police Department
West Covina PD Policy Manual
Attachments
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved. ***DRAFT*** Attachments - 5
Published with permission by West Covina Police Department
West Covina PD Policy Manual
WCPD Military Equipment Inventory.pdf
Copyright Lexipol, LLC 2022104/12, All Rights Reserved. ***DRAFT*** WCPD Military Equipment Inventory.pdf - 6
Published with permission by West Covina Police Department
Military Equipment Inventory
Attachment to Policy 715
Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment
necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost
i. DJI MAVIC MATRICE 210 1 Cost: $16,910 each I Quantity: 2 1 UAS weighing
approximately 13.5 lbs., approximately 30 minutes of flight time, and attachments
including FUR camera, spotlight, optical zoom camera, and ability to record video.
ii. DJI SPARK I Cost: $500 each I Quantity: 3 1 UAS with a single -color camera, weighs
approximately 0.6 lbs., approximately 15-20 minutes of flight time, and has video
recording capabilities.
iii. DJI PHANTOM 4 Pro I Cost: $3,500 each I Quantity: 2 1 UAS that weighs approximately
3 lbs., approximately 30 minutes of flight time, and is capable of video recording.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following
situations, which include but are not limited to:
i. Major collision investigations
ii. Search for missing persons
iii. Natural disaster management
iv. Crime scene photography
v. Special Problems Detail [Special Weapons and Tactics (SWAT)/Hostage Negotiations
Team (HNT)], tactical, or other public safety and life preservation missions
vi. In response to specific requests from local, state, or federal fire authorities for major
incidents
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to
operate any UAS during approved missions.
d. Expected Lifespan
All UAS Equipment: 3 to 7 years
e. Fiscallmpact
All UAS Equipment: Annual maintenance and battery replacement cost are approximately $0
to $3,000
f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS
operation. In addition, each operator must attend a basic UAS operator course and ongoing
bi-monthly unit training.
g. Legal and Procedural Rules
Use is established in FAA Regulation 14 CFR Part 107, and the Department's UAS policy
(Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS
only for official law enforcement purposes and according to State and Federal law.
2. Unmanned, Remotely Piloted, Ground Vehicles (Robots): A remotely controlled unmanned
machine that operates on the ground, which is utilized to enhance the safety of the community
and officers.
a. Description, quantity, capabilities, and cost
Military Equipment Inventory Attachment Page 1
i. iRobot PacBot Model BB2590 I Cost: $0 each I Quantity: 3 1 The PacBot is a heavy-duty
battery -powered robot. It has a stair -climbing ability and an arm capable of lifting several
pounds. The PacBot is also equipped with a camera that can provide a live video and
audio feed to the operator.
ii. iRobot PacBot PCC I Cost: $0 each I Quantity: 3 1 The PacBot PCC is a suitcase -style
monitor and controller that the operator uses to operate the iRobot PacBot robot. The
suitcase is rugged and robust and utilizes 110 volts to operate.
b. Purpose
To be used to remotely gain visual data, deliver an HNT phone, open doors, and clear
buildings without requiring an officer to enter.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to
operate the robots.
d. Expected Lifespan
All robots: 3 to 5 years
e. Fiscallmpact
All robots: Annual maintenance and battery replacement cost are approximately $0 to $5,000
f. Training
All robot operators must complete an 8-hour Department training to operate the robots during
live operations. Operators also complete reoccurring training throughout the year.
g. Legal and Procedural Rules
It is the policy of the Department to utilize a robot only for official law enforcement purposes
and according to State and Federal law.
3. Armored Vehicle: Commercially produced wheeled armored personnel vehicle utilized for law
enforcement purposes.
a. Description, quantity, capabilities, and purchase cost
i. 2012 BAE Systems Tactical Vehicle Systems Mine Resistant Ambush Protected (MRAP)
Vehicle I Cost: $0 each (Obtained through the Federal 1033 Program) I Quantity: 1 1 The
Mine Resistant Ambush Protected Vehicle is an armored vehicle that seats 10 personnel
with an open floor plan that allows for rescue of down personnel. It can stop various
projectiles, which provides greater safety to citizens and officers beyond the protection
level of shield and personal body armor. Provides greater levels of survivability and
mobility to navigate challenging and unpredictable environments. Greater survivability is
achieved through an enhanced monolithic floor, a strengthened chassis frame, and highly
effective blast absorbing seats.
ii. Cadillac Gage Commando Ranger, Peacekeeper I Cost: $0 each (Obtained through the
Federal 1033 Program) I Quantity: 1 1 The Peacekeeper is an armored vehicle that seats
8 personnel with an open floor plan that allows for rescue of down personnel. It can stop
various projectiles, which provides greater safety to citizens and officers beyond the
protection level of shield and personal body armor.
iii. Lenco Bearcat, G2 I Cost: $304,630 each I Quantity: 1 1 The Bearcat is an armored
vehicle that seats 10 to 12 personnel with an open floor plan that allows for rescue of
down personnel. It can stop various projectiles, which provides greater safety to citizens
and officers beyond the protection level of shield and personal body armor.
b. Purpose
i. The MRAP has been exclusively designated as a Rescue Vehicle and will be referred to
as the Rescue Vehicle or RV-1. The primary purpose of the Rescue Vehicle (RV-1) is to
Military Equipment Inventory Attachment Page 2
perform high -risk rescues or rapid extractions of persons during times of crisis. RV-1 is
also designed to safely transport officers into positions of tactical advantage during critical
incidents. RV-1 will be utilized when other Department resources are impractical. RV-1
provides greater safety to citizens and officers beyond the protection level of shield and
personal body armor and can protect the occupants from IEDs or other explosive devices.
ii. The primary purpose of the Peacekeeper and Bearcat is to protect employees during
high -risk incidents. They are also designed to safely transport officers into positions of
tactical advantage or to evacuate civilian personnel during critical incidents. Both vehicles
provide greater safety to citizens and officers beyond the protection level of shield and
personal body armor.
c. Authorized Use
An armored vehicle may be used if one or more of the following criteria are present:
i. Incidents where human lives may be in immediate peril
ii. Incidents where a threat of confrontation by gunfire or other weapons exists
iii. Incidents involving a significant threat of violence
iv. Rapid response deployments
v. Acts of terror (violent attacks upon populated areas such as schools, community events,
government buildings, shopping malls, and places of worship)
vi. Natural disasters (significant earthquakes, major fires, floods, etc.)
vii. Incidents deemed appropriate by the Chief of Police or their designee
viii. Training exercises or approved demonstrations
d. Expected Lifespan
i. MRAP: Approximately 25 years
ii. Peacekeeper: Approximately 25 years
iii. Lenco Bearcat G2: Approximately 25 years
e. Fiscallmpact
i. MRAP: Annual maintenance cost of approximately $0 to $1,000
ii. Peacekeeper: Annual maintenance cost of approximately $0 to $2,000
iii. Bearcat: Annual maintenance cost of approximately $0 to $5,000
f. Training
Armored vehicles may only be operated by employees who possess the proper licensing and
have been trained in the proper use of the vehicle. Employees designated as operators of
one or more armored vehicles shall receive training in the safe operation and care for each
vehicle and show competence before operating any of the listed armored vehicles.
g. Legal and Procedural Rules
Use is established in the Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle
Deployment). It is the policy of the Department to utilize armored vehicles for official law
enforcement purposes, according to State and Federal law.
4. Command and Control Vehicles: The mobile command post (MCP) is a vehicle used as a
mobile office that provides shelter, access to Department computer systems, dispatch
communication consoles, radio communications, and restroom facilities during extended events.
a. Description, quantity, capabilities, and purchase cost
2014 Mobile Specialty Vehicles (custom-built, using a Lone Star chassis) 40 LS Lone Star
Cost: $471,806 1 Quantity: 1 1 A Class A RV outfitted with radio communications, computers,
computer -aided dispatch (CAD) capabilities, monitors, and restroom to function as a mobile
office for members of the department during department -approved functions.
b. Purpose
Military Equipment Inventory Attachment Page 3
The purpose of the Mobile Command Post is to provide a safe and private location for
employees to conduct Department business or to act as the Command Center as needed.
c. Authorized Use
Only officers trained in their deployment and operations in a manner consistent with
Department policy and training are authorized to operate the MCP. The Mobile Command
Post may be deployed for the following:
i. Major Criminal Investigations
ii. Major Traffic Investigations
iii. Critical Incidents
iv. Natural Disasters
v. Special Problems Detail (SPD) Call -outs or Pre -Planned Events
vi. Community Events
vii. Supporting or Replacing the Command Center (e.g., outages, repairs)
viii. Requests of use by outside law enforcement agencies with the approval of the Chief of
Police or their designee
d. Expected Lifespan
MCP: 20 years on chassis and vehicle structure
e. Fiscallmpact
MCP: Annual maintenance cost is approximately $0 to $5,000
f. Training
The MCP may only be operated by employees who possess the proper licensing and have
been trained in the proper care and use of the vehicle.
g. Legal and Procedural Rules
Use is established under the Manual (Vehicle Use, Vehicle Maintenance, and Specialty
Vehicle Deployment). It is the policy of the Department to use the MCP only for official law
enforcement purposes and following California State law regarding the operation of motor
vehicles.
5. Breaching Apparatuses Explosive in Nature: Tools that are used to conduct an explosive
breach.
a. Description, quantity, capabilities, and purchase cost
i. Remington Model 870 BRS Breaching 12 Gauge, 11-Inch Stand -Off Barrel I Cost: $645
each I Quantity: 2 1 This weapon allows for breachers to safely utilize shotgun breaching
round to destroy deadbolts, locks, and hinges. The breaching stand-off device that is
attached to the end of the barrel allows for positive placement of the gun into the correct
position and vents gases to prevent overpressure.
ii. Mossberg 590 12 Gauge Shotgun with an Affixed 18.5' Security Breaching Barrel I Cost:
$583 each I Quantity: 2 1 This weapon allows for breachers to safely utilize shotgun
breaching round to destroy deadbolts, locks, and hinges. The breaching stand-off device
that is attached to the end of the barrel allows for positive placement of the gun into the
correct position and vents gases to prevent overpressure.
iii. Royal Arms Tesar-2 Black Cap 425 Grain Copper Frangible Breaching Round I Cost: $5
each I Quantity: Not to exceed 75 1 The round is fired from a breaching shotgun and is
used to destroy deadbolts, locks, and hinges.
iv. Royal Arms Tesar-4 Yellow Cap 750 Grain Copper Frangible Breaching Round I Cost:
$5 each I Quantity: Not to exceed 75 1 The round is fired from a breaching shotgun and
is used to destroy deadbolts, locks, and hinges.
Military Equipment Inventory Attachment Page 4