Ordinance No. 1194 60
ORDINANCE NO. 1194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA APPROVING THE CYPRESS POLICE DEPARTMENT'S
MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law
Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of
military equipment by California law enforcement agencies;
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, or used;
WHEREAS, the Cypress Police Department is in possession of certain items of
equipment that qualify under the broad definition of"military equipment" under AB 481;
WHEREAS, AB 481 requires that a law enforcement agency possessing and using
such qualifying equipment prepare a publicly released and written military equipment use
policy document covering the inventory, description, purpose, use, acquisition,
maintenance, fiscal impacts, procedures, training, oversight, and complaint process,
applicable to the Department's use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the
governing body by ordinance, and reviewed annually;
WHEREAS, the City Council of the City of Cypress, having received the
information required under AB 481 regarding the Cypress Police Department's use of
"military equipment" as defined in said law, deems it to be in the best interest of the City
to approve the Military Equipment Use Policy as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. City Council hereby approves and adopts the following:
Military Equipment Policy
(a) The City Council has made the following determinations:
(1) 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;
(2) This military equipment use policy attached hereto as Exhibit "A" ("Policy")
will safeguard the public's welfare, safety, civil rights, and civil liberties;
(3) The equipment described in the Policy is reasonably cost-effective
compared to available alternatives that can achieve the same objective of
officer and civilian safety (if any);
(4) 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 Policy, corrective action has been taken to remedy
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nonconforming uses and ensure future compliance by way of the adoption
of the Policy by this Ordinance.
(b) The Cypress Police Department has made the Policy available on the Police
Department's website for at least 30 days prior to the public hearing concerning
the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as an agenda item in an open
session of a regular meeting, noticed in accordance with the Ralph M. Brown
Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department's website
for as long as the military equipment is available for use.
(e) The Cypress Police Department shall submit an annual military equipment
report to the City Council, containing the information required in Government
Code Section 7072, and the City Council shall determine whether each type of
military equipment identified in that report has complied with the standards for
approval set forth in (a)(1)-(4) above.
(f) The City Council shall review this Ordinance, and vote on whether to renew it,
on an annual basis at a regular meeting, in accordance with Government Code
Section 7071(e)(2).
(g) The City Council approves the use of the Policy and finds that it satisfies the
requirements of Government Code Section 7070(d).
SECTION 3. The City Council hereby authorizes and directs the Mayor and the
City Clerk to execute this Ordinance on behalf of the City of Cypress forthwith upon its
adoption.
SECTION 4. The Deputy City Clerk shall certify as to the passage of this Ordinance
and shall cause the same to be published and/or posted at the designated locations in
the City of Cypress.
SECTION 5. This ordinance shall become effective thirty (30) days following its
adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of e City of Cypre at a
regular meeting held on the 9th day of May, 2022.
d beleit;MAYOR OF THE CITY OF CYPRESS
ATTEST:
6&91,
CITY CL RK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on
the 9th day of May, 2022, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
4k1M1?ki ti�Ull
CITY CLERK OF HE CITY OF CYPRESS
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Policy Cypress Police Department
708 Cypress Police Department Policy Manual
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting
requirements of military equipment (Government Code § 7070; Government Code § 7071;
Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body—The elected or appointed body that oversees the Department.
Military equipment— includes, but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.
• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
• 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.
• Tracked armored vehicles that provide ballistic protection to their occupants.
• Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
• Weaponized aircraft, vessels, or vehicles of any kind.
• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This
does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns
and standard-issue shotgun ammunition.
• 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 handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise-flash diversionary devices and explosive breaching tools.
• Munitions containing tear gas or OC, excluding standard, service-issued handheld
pepper spray.
• TASER®Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require
additional oversight.
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Military Equipment
708.2 POLICY
It is the policy of the Cypress Police Department that members of this department comply with the
provisions of Government Code § 7071 with respect to military equipment.
708.3 MILITARY EQUIPMENT COORDINATOR
The Support Services Division Lieutenant will act as the military equipment coordinator. The
responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as 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 Cypress Police Department(Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Publicizing 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 ensuring that the report is made available on the department website (Government
Code § 7072).
(g) 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.
708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
708.4.1 FIREARM - PATROL RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use
the energy of the explosive in a fixed metallic cartridge, firing a single projectile through a rifled
bore for every pull of the trigger.
Quantity: 47.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
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Military Equipment
Product Description:.223 caliber Patrol rifle manufactured by Colt, Bushmaster, or Eagle Arms.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can
articulate a reasonable expectation that the rifle may be needed (Policy 311.3.3).
Training Required: 16-hour POST approved course with qualification and additional training
on safe use and deployment and device functionality. Must demonstrate proficiency with
recertification twice per year.
Initial Cost: $48,000
Annual Cost: Approximately$2,400 for maintenance.
708.4.2 KINETIC ENERGY LAUNCHER
Description: Less-lethal weapon which uses a propellant cartridge to launch a kinetic energy
impact projectile.
Quantity: 17
Capabilities: Fires a less-lethal kinetic energy projectile.
Expected Lifespan: 20+ years.
Product Description: 37 MM Defense Technology Single Launcher; LMT 40 MM Single Launcher;
Sage SL-6 37 MM Multi-Role Launcher; Remington 870 Less-Lethal Shotgun
Purpose and Authorized Use: Less-lethal force option (Policy 307.9.1).
Training Required: Less-lethal weapons training from POST-approved instructor.
Initial Cost: $18,000
Annual Cost:Approximately$50 for maintenance of less-lethal shotgun; $150 annual maintenance
for other launchers.
708.4.3 LIGHT SOUND DIVERSIONARY DEVICE (LSDD)
Description: Device used by SWAT members that produces loud noise and bright light intended
to cause disorientation and distraction.
Quantity: 12
Capabilities: Distraction device used to minimize the risks to all parties by the temporary
disorientation or distraction of potentially violent or dangerous suspects.
Expected Lifespan: 5 years.
Product Description: Combined Tactical Systems Flash-Bang Model #7290
Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects.
Training Required: Diversionary device training from POST-approved instructor.
Initial Cost: $675
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Annual Cost: N/A
708.4.4 BREACHING SHOTGUN
Description: Pump-action 12-gauge firearm used by SWAT members to defeat locking
mechanisms.
Quantity: 1
Capabilities: Traditional breaching method that provides for quick breaching of multiple locking
mechanisms.
Expected Lifespan: 30 years.
Product Description: Remington 870 Tactical Shotgun
Purpose and Authorized Use: May be deployed in any circumstance where the SWAT member
needs to breach a door quickly and safely.
Training Required: 40-Hour explosive breaching training with quarterly update training.
Initial Cost: $925
Annual Cost: N/A
708.4.5 FIREARM - SWAT RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use
the energy of the explosive in a fixed metallic cartridge, firing one or more projectiles through a
rifled bore for every pull of the trigger.
Quantity: 12.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: 5.56 MM or.308 caliber rifle manufactured by Heckler& Koch or DPMS.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can
articulate a reasonable expectation that the rifle may be needed.
Training Required: 16-hour POST approved course with qualification and additional training
on safe use and deployment and device functionality. Must demonstrate proficiency with
recertification bi-monthly.
Initial Cost: $27,650
Annual Cost: Approximately$600 for maintenance.
708.4.6 FIREARM - SWAT SUBMACHINE GUN
Description: Firearm designed and intended to be fired from the shoulder and designed to use
the energy of the explosive in a fixed metallic cartridge, firing one or more projectiles through a
rifled bore for every pull of the trigger.
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Military Equipment
Quantity: 13
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: 9 MM or.40 caliber submachine gun manufactured by Heckler&Koch.*Note:
These firearms are not in current use but are in the Department's inventory.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can
articulate a reasonable expectation that the gun may be needed.
Training Required: Training from a department-authorized instructor.
Initial Cost: $27,700
Annual Cost: N/A
708.4.7 FIREARM - SWAT BOLT-ACTION RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use
the energy of the explosive in a fixed metallic cartridge, firing one projectile through a rifled bore
for every pull of the trigger.
Quantity: 1.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: 308 caliber bolt-action rifle manufactured by Remington.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can
articulate a reasonable expectation that the rifle may be needed.
Training Required: 40-hour precision long-rifle training with qualification and additional training
on safe use and deployment and device functionality. Must demonstrate proficiency with
recertification bi-monthly.
Initial Cost: $1,100
Annual Cost: Approximately$50 for maintenance.
708.5 SHARED MILITARY EQUIPMENT
The following constitutes a list of qualifying equipment for the Department that may be deployed
in collaboration with other law enforcement agencies. These items' potential for use within the
City of Cypress comes from the Cypress Police Department's participation in the West County
Special Weapons and Tactics (SWAT)Team, a collaboration of law enforcement personnel from
the Cypress, Fountain Valley, Los Alamitos, Seal Beach, and Westminster Police Departments or
through joint use-agreement with the Los Alamitos and Seal Beach Police Departments:
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708.5.1 SWAT ARMORED RESCUE VEHICLE
Description: An armored rescue vehicle deployed during high-risk incidents, special events, and
community outreach. *Note: This is a regional SWAT asset that is owned and maintained by the
Westminster Police Department.
Quantity: 1.
Capabilities: Mobile armored vehicle to support high-risk deployments.
Expected Lifespan: 25 years.
Product Description: Ballistic Engineered Armored Rescue (BEARCAT) Vehicle, manufactured
by Lenco.
Purpose and Authorized Use: To assist police personnel in enhancing public safety by transporting
first responders and/or community members to/from high-risk situations. Provide a mobile platform
to safely transport and deploy personnel.
Training Required: Formalized in-house driver operation and safety training.
Initial Cost: Refer to Westminster Police Department.
Annual Cost: N/A
708.5.2 MOBILE COMMAND VEHICLE
Description: A customized vehicle used to enhance communication and coordination during
emergency incidents, special events, or community outreach. *Note: This is a shared asset that
is owned by the Cypress Police Department.
Quantity: 1.
Capabilities: On-scene incident command and control functions may be performed from a mobile
command vehicle.
Expected Lifespan: 20 years.
Product Description: Modified command vehicle based on a Freightliner M2 106 chassis.
Purpose and Authorized Use: A mobile command vehicle provides a strategic location for police
personnel during emergency incidents, special events, or community outreach events. Use of this
equipment is also appropriate for large-scale events that require advanced coordination of large
numbers of police and other safety or first responder personnel.
Training Required: Class B driver's license and additional department provided vehicle-specific,
driver and operational training.
Initial Cost: $450,000 *Note: This item was purchased in 2007 using federal grant funding.
Annual Cost: Approximately $1,000. *Note: The maintenance costs for this asset are distributed
evenly between the cities of Cypress, Los Alamitos, and Seal Beach.
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708.5.3 SWAT KINETIC BREACHING TOOL
Description: A hand-held breaching tool engineered to deliver high-impact energy to defeat locking
mechanisms. *Note: This is a regional SWAT asset that is owned and maintained by the Seal
Beach Police Department.
Quantity: 1.
Capabilities: Provides for safer and faster breaching.
Expected Lifespan: 30 years.
Product Description: Powder activated kinetic energy force entry tool.
Purpose and Authorized Use: May be deployed in any circumstance where the member needs
to breach a door quickly and safely.
Training Required: Training on safe use and deployment and device functionality.
Initial Cost: Refer to the Seal Beach Police Department.
Annual Cost: N/A
708.5.4 SWAT LONG RANGE ACOUSTICAL DEVICE
Description: A public address system that delivers live or recorded messages. *Note: This is a
regional SWAT asset that is owned and maintained by the Westminster Police Department.
Quantity: 1.
Capabilities: Provides public address notifications
Expected Lifespan: 10 years.
Product Description: Self-powered communication system that delivers voice messages and alert
tones.
Purpose and Authorized Use: May be deployed in any outdoor circumstances where the member
needs to communicate information to the public.
Training Required: Training on safe use and deployment and device functionality.
Initial Cost: Refer to the Westminster Police Department.
Annual Cost: N/A
708.5.5 SWAT UNMANNED AIRCRAFT SYSTEMS (UAS)
Description:A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient
operation of the aircraft. An unmanned aircraft, a component of a UAS, is defined by law
as an aircraft that is operated without the possibility of direct human intervention from within or
on the aircraft. *Note: This is a regional SWAT asset that is owned and maintained by the Seal
Beach Police Department.
Quantity: Refer to the Seal Beach Police Department.
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Capabilities: Sustained flight controlled by a remote pilot on the ground.
Expected Lifespan: Refer to the Seal Beach Police Department.
Product Description: Refer to the Seal Beach Police Department.
Purpose and Authorized Use: To assist SWAT personnel in enhancing public safety while
protecting the rights and privacy of the general public.
Training Required: Refer to the Seal Beach Police Department. *Note: No Cypress Police
Department personnel are trained to operate UAS.
Initial Cost: Refer to the Seal Beach Police Department.
Annual Cost: N/A
708.5.6 SWAT REMOTE CONTROL ROBOT
Description: A remotely controlled ground vehicle that moves on tracks, manufactured by
Transcend. *Note: This is a regional SWAT asset that is owned and maintained by the Westminster
Police Department.
Quantity: Refer to the Westminster Police Department.
Capabilities: Provides ability for SWAT members to view scenes, deliver items, open doors, and
visually clear buildings.
Expected Lifespan: Refer to the Westminster Police Department.
Product Description: Refer to the Westminster Police Department.
Purpose and Authorized Use: May be deployed in any circumstances where the SWAT
Commander determines remote viewing of a location or item delivery is appropriate and lawful.
Training Required: Refer to the Westminster Police Department. *Note: No Cypress Police
Department personnel are trained to operate this robot.
Initial Cost: Refer to the Westminster Police Department.
Annual Cost: N/A
708.6 APPROVAL
The Chief of Police or the 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 the 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 (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
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(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.
708.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this
jurisdiction unless the military equipment is approved for use in accordance with this policy.
708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
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 the authorized designee should 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.
708.9 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.
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