Item No. 2AGENDA ITEM NO.2
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 17, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ORDINANCE NO. 2497 - ADOPTING A MILITARY EQUIPMENT
USE POLICY
RECOMMENDATION:
It is recommended that the City Council adopt 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, California 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 Policy (Exhibit A
to Attachment No. 1), and allowing WCPD to continue to use the vital safety equipment specified therein.
On April 19, 2022, the West Covina City Council, by a 5-0 vote, introduced for first reading Ordinance
No. 2497, which adopts a military equipment policy governing the use of military equipment pursuant to
AB 481.
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" items 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';
. 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
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 conduct the second reading and adopt Ordinance No. 2497. The
Ordinance will take effect on the 31st day following adoption, which is on or about June 17, 2022.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Conduct the second reading and adopt Ordinance No. 2497; or
2. Provide alternative direction.
Prepared by: Lisa Sherrick; Assistant City Clerk
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