Westminster City Council
SUBJECT
Title
Public Hearing - Introduce for First Reading an Ordinance Amending the City’s Policy Regarding the Use of “Military Equipment” and present the 2025 Military Equipment Annual Report.
End
publichearing
• Staff Report
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
End
From: Darin Lenyi, Chief of Police
Requested by: Administration
Prepared by: Scott Gump, Police Commander
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RECOMMENDED ACTION
Recommendation
A. Introduce an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING THE CITY’S POLICY REGARDING THE USE OF MILITARY EQUIPMENT,” read by title only and waive further reading; and
B. Receive and file the 2025 Military Equipment Annual Report.
end
BACKGROUND
AB 481 became law as of January 1, 2022. Per AB 481, law enforcement agencies are required to obtain approval by ordinance adopting a military equipment use policy from their respective governing body regarding the use of "military equipment." Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies must also hold at least one community engagement meeting within 30 days of submitting and publicly releasing the annual report. Westminster Police Department held the community meeting on August 19, 2026.
After the adoption of the current policy, the WPD determined that there was a need to amend the policy with respect to certain equipment; specifically, the policy should account for the potential future acquisition of additional UAS (drones). Any amendment to the policy requires reinitiating the approval process, and the passage of a new ordinance adopting the amended Military Equipment Use Policy.
The WPD seeks City Council adoption of the attached Amended Military Equipment Use Policy - Policy § 706 (Attachment 2), to allow WPD to continue to use the vital equipment specified therein. The proposed Ordinance, Amended Military Equipment Use Policy, and the 2025 Military Equipment Annual Report were posted on the WPD website on August 11, 2026 for public access and review for the requisite 30 days.
If the city council approves the introduction (first reading) of the ordinance at the August 26 meeting, the second reading and adoption of the Ordinance could occur at the September 9, 2026 meeting. The Ordinance and amended policy would go into effect 30 days later.
Items deemed to be "military equipment" by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been field tested and are used by law enforcement agencies nationwide to enhance public and officer safety. Loss of these items would jeopardize the welfare of peace officers and the citizens of Westminster, whom they serve.
The term "military equipment", as used in AB 481, does not necessarily indicate equipment that has been used by or purchased from 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, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, certain firearms, long range acoustic devices (LRAD), and flashbangs.
WPD is committed to using the most up to date tools and equipment to safeguard the citizens of Westminster. Many of the items deemed to be "military equipment" by AB 481 are in fact deployed by WPD, and law enforcement agencies across the country, specifically to reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide WPD's peace officers with vital tools that facilitate compliance with its stringent use of force policy.
There is significant interest in law enforcement's continued access to equipment that will provide peace officers with as many viable options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to WPD's mission and will continue to be strictly regulated through internal processes and oversight.
The attached ordinance seeks to amend the existing WPD Policy § 706, which constitutes WPD's Military Equipment Use Policy. Policy § 706 outlines each item identified in Government Code section 7070, that is currently owned by the City. Policy § 706 also includes the current use and cost of each item. These items, and their stated uses, have been in place prior to the implementation of AB 481.
There are no reasonable alternatives to the items listed in Policy § 706. WPD has not discovered alternative items that can achieve the same objectives of civilian and officer safety.
FISCAL IMPACT
No additional budget appropriation is requested at this time.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Recommendation is to introduce the first reading of the proposed Ordinance and receive and file the 2025 Annual Report.
ATTACHMENTS
1. Ordinance
2. Proposed Policy § 706 and 2025 Military Equipment Annual Report
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager