HomeMy WebLinkAbout13 INTRODUCTION AND APPROVAL OF ORDINANCE NO.1579 APPROVING TUSTIN POLICE DEPARTMENT POLICY 706, MIMEETING DATE: SEPTEMBER 15, 2026
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: SEAN THUILLIEZ, CHIEF OF POLICE
SUBJECT: INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1579
APPROVING TUSTIN POLICE DEPARTMENT POLICY 706,
MILITARY EQUIPMENT USE POLICY
SUMMARY:
Assembly Bill 481 requires the Tustin Police Department to seek City Council approval by
ordinance for the funding, acquisition, and use of equipment defined by law as “military
equipment.” This report summarizes the Department's continued compliance with the law
and recommends introduction of an ordinance renewing approval of the Department's
continued use of this equipment and Tustin Police Department Policy 706, Military
Equipment Use Policy.
RECOMMENDATION:
That the City Council:
1.Introduce Ordinance No. 1579 (Attachment 2) approving Tustin Police Department
Policy 706, Military Equipment Use Policy, in compliance with Assembly Bill 481 by
reading the title only and waiving further reading.
FISCAL IMPACT:
The estimated annual cost for the use and maintenance of military equipment in the Tustin
Police Department's current inventory, as well as any equipment anticipated for acquisition
during the upcoming year, is identified within Policy 706 under each appli cable equipment
category. Funding for existing equipment has been appropriated through the current
adopted budget. Any future acquisition of new military equipment will be evaluated and
incorporated into a subsequent annual budget for City Council review a nd consideration.
AGENDA REPORT
Agenda Item _______
Reviewed:
City Manager _______
Finance Director _______
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City Council Agenda Report
Introduction and Approval of Ordinance No. 1579 Approving Tustin Police Department
Policy 706, Military Equipment Use Policy
September 15, 2026
Page 2
CORRELATION TO THE STRATEGIC PLAN:
This item supports the City's Strategic Plan Goal B: Public Safety and Protection of Assets,
specifically Strategy 5, by strengthening emergency preparedness and ensuring the Police
Department maintains the equipment necessary to protect the community, Cit y personnel,
and public facilities during critical incidents. Policy 706 establishes clear requirements
governing the authorized use, training, oversight, reporting, and acquisition of military
equipment, supporting the City's commitment to effective publi c safety while safeguarding
civil rights and civil liberties. The required annual review, public reporting, and community
engagement process further promote transparency, accountability, and responsible
stewardship of public safety resources.
BACKGROUND AND DISCUSSION:
Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8, commencing
with section 7070, to Division 7 of Title 1 of the Government Code. These provisions require
law enforcement agencies to obtain approval from their respective governing bodies,
through adoption of a military equipment use policy by ordinance, before using equipment
defined by the Government Code as military equipment.
On July 19, 2022, the City Council adopted Ordinance No. 1545 approving Tustin Police
Department General Order 708, Military Equipment Use Policy. Following the Department's
transition to Lexipol, the policy was renumbered as Policy 706. Pursuant to Government
Code section 7072, the Department has since provided the City Council and the public with
an annual report addressing the Department's maintenance, acquisition, and use of military
equipment.
For the current annual review, the Department posted its annual Military Equipment Use
Report on July 16, 2026. The Department presented the annual report to the City Council
on July 23, 2026, at which time the City Council directed staff to schedule the r equired
public hearing and first reading of an ordinance renewing approval of the policy. The
Department held a well-publicized and conveniently located community engagement
meeting on August 26, 2026, to answer questions regarding the annual report and th e
Department's funding, acquisition, and use of military equipment.
In accordance with Government Code section 7071, the Department updated Policy 706
and posted the draft policy on the Department's website on July 16, 2026, at least 30 days
before City Council consideration. The Department also caused notice of the public hearing
to be published in the local newspaper at least 10 days before the hearing.
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City Council Agenda Report
Introduction and Approval of Ordinance No. 1579 Approving Tustin Police Department
Policy 706, Military Equipment Use Policy
September 15, 2026
Page 3
The Department seeks renewal of authority to continue using the equipment identified in
the proposed policy and to acquire new or replacement equipment as specified. This
equipment is integral to operational readiness and continued public safety services. It is
necessary because no reasonable alternative can achieve the same objective of officer and
civilian safety. The policy safeguards public welfare, safety, civil rights, and civil liberties.
The equipment is also reasonably cost effective compared with available alternatives
capable of achieving the same objective.
_____________________ _____________________________
SEAN THUILLIEZ ROBERT NELSON, Lieutenant
Chief of Police Strategic Initiatives
Attachments:
1. Tustin Police Department Policy 706, Military Equipment Use Policy
2. Ordinance No. 1579 adopting and approving Tustin Police Department Policy 706,
Military Equipment Use Policy
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Annual Report on Use of Military Equipment
Assembly Bill 481
Reporting Period – Calendar Year 2025
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ATTACHMENT 1
Table of Contents
Introduction: ............................................................................................................................................... 3
Methodology: ............................................................................................................................................. 4
Overview of Military Equipment: ................................................................................................................ 5
Training and Deployment Procedures: ....................................................................................................... 5
Summary of Military Equipment Usage: ..................................................................................................... 5
Summary of Complaints: ........................................................................................................................... 7
Violations of Policy / Internal Audits: .......................................................................................................... 7
Total Annual Costs and Inventory of Military Equipment: ........................................................................... 8
Future Acquisition of Additional Equipment: ............................................................................................... 8
Community Outreach and Transparency: .................................................................................................. 8
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Introduction:
This report provides a comprehensive assessment of the Tustin Police Department's (TPD) use of
military equipment in compliance with Assembly Bill (AB) 481. The purpose of this report is to provide
transparency, accountability, and insights into the department's acquisition, deployment, and use of
military equipment during the reporting period.
On September 30, 2021, the Governor of the State of California approved AB 481 requiring law
enforcement agencies to obtain approval of the agency’s applicable governing body (in this case, the
City Council) by adoption of a military equipment use policy. The department is required to seek City
Council approval of its military equipment use policy via an ordinance at a regular open meeting prior
to taking certain actions relating to the funding, acquisition, or use of “military equipment”, as that
phrase is defined by the Government Code.
The bill allows the governing body to approve the funding, acquisition, and/or use of military equipment
within its jurisdiction only if it determines that the military equipment meets specified standards. The
ordinance is subject to an annual City Council review to determine whether, based on an annual report,
the standards set forth in the approving ordinance have been met. The City Council may renew the
authorizing ordinance, disapprove authorization for particular military equipment where standards have
not been met, or require modifications to the military equipment use procedure to address any
noncompliance with standards.
AB 481 requires a law enforcement agency that receives approval for military equipment use to submit
an annual military equipment use report to City Council in addition to seeking approval for the continued
use of the equipment as outlined in the department’s military use policy (Policy 706 – Military
Equipment). The law enforcement agency shall also make each annual report publicly available on its
internet website if the military equipment is available for use.
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The annual military equipment report shall include the following information for the immediately preceding
calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use
policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel,
training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what
source funds will be provided for the military equipment in the calendar year following
submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to
this section, the law enforcement agency shall hold at least one well-publicized and conveniently
located community engagement meeting, at which the general public may discuss and ask questions
regarding the annual military equipment report and the law enforcement agency’s funding, acquisition,
and/or use of military equipment.
Methodology:
The information presented in this report is based on data provided by the Tustin Police Department.
The data includes inventory records, training documentation, deployment reports, and community
engagement efforts related to the use of military equipment. The reporting period for this analysis is
from January 1, 2025, through December 31, 2025.
.
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Overview of Military Equipment:
Military equipment refers to specialized equipment, typically obtained from surplus military supplies or
federal programs, that law enforcement agencies acquire and utilize to enhance their capabilities in
critical situations. Such equipment may include armored vehicles, tactical gear, riot control equipment,
surveillance technology, and specialized firearms.
Training and Deployment Procedures:
The Tustin Police Department places significant emphasis on training its officers to safely and
effectively utilize military equipment items. Officers receive specialized training on the operation,
maintenance, and deployment procedures specific to each type of equipment. This training includes
scenario-based exercises, de-escalation techniques, and an emphasis on the preservation of life and
the protection of individual rights.
Deployment of military equipment is conducted in accordance with departmental policies and
protocols. The decision to deploy such equipment is carefully evaluated, and a supervisor's approval
is typically required. Situations warranting the use of military equipment include high-risk operations,
acts of terrorism, armed confrontations, and natural disasters where public safety and officer well-
being are at stake.
Summary of Military Equipment Usage:
The summary of military equipment usage is intended to describe specific incidents where the
equipment was deployed, including the nature of the incident, the equipment used, and the outcome
of the deployment. It should be noted that the following usage report does not include any uses of
military equipment that were deployed strictly for training purposes. If a piece of equipment reflected
on the Department’s inventory of military equipment is not referenced in this section, that indicates
that there were no reported uses of that piece of equipment during the reporting period.
During the reporting period, the Tustin Police Department deployed its military equipment during the
following situations:
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40MM Less Lethal Launcher:
• 02/08/25 – Suspect with a knife
• 06/09/25 – Unlawful assembly in Santa Ana, assaulting offices with explosive fireworks
Armored Rescue Vehicle (ARV):
• 01/16/25: Arrest and warrant service for Army Reserve Base thief
• 03/07/25: Reported armed suspects in a parked vehicle
• 03/27/25: Barricaded suicidal subject
• 05/13/25: Special Response Team arrest of stalking suspect
• 05/19/25: Barricade armed suspect resulting in SWAT callout
• 05/24/25: Barricaded DUI driver in vehicle
• 06/09/25: Santa Ana protest
• 06/10/25: Santa Ana protest
• 06/11/25: Santa Ana protest
• 07/10/25: Possible barricaded suspect at residence
• 08/01/25: Barricaded suspect with hammer after assaulting family
• 08/07/25: Warrant service for felon in possession of a firearm suspect
• 08/22/25: Special Response Team warrant service for tire slasher suspect
• 08/24/25: Arrest of Domestic Violence suspect at residence
• 09/05/25: Barricaded Domestic Violence suspect
• 09/09/25: Barricaded armed Parolee at large in vehicle
• 12/11/26: SWAT warrant service for PC Assault with a Deadly Weapon suspect
• 12/16/25: Possible barricaded suspect in motel room after argument heard inside
Drones and Unmanned Aircraft System (UAS):
In 2025, the TPD UAS team carried out 621 flights, amounting to 114 hours of airtime. The UAS team
supported extended operations beyond patrol-based assignments. The team expanded with the
addition of two pilots, bringing the total number of pilots to 20. The UAS team continues to serve as a
collateral assignment within the department.
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The primary purpose of the UAS is to be deployed when its view would assist officers or Incident
Commanders in a variety of situations, including but not limited to search & rescue, situational
awareness during critical incidents, missing persons, fleeing suspect searches, and any other situation
where the UAS would improve officer safety, public safety, and suspect safety. Over the past year, the
UAS has been deployed in numerous operations such as SWAT operations, suspect searches, missing
persons, barricaded suspects, high-risk traffic stops, event planning, training videos, traffic collision
investigations, and crime scene photography.
The UAS team have proven to be indispensable assets in assisting the Orange County Fire Authority
with hotspot mapping, search and rescue missions, and fire abatement efforts. They have been
deployed at every concert to improve situational awareness for staff and officers, thereby enhancing
the effectiveness of responses to calls for service. The UAS also plays a vital role in addressing crime
trends such as residential burglaries, working alongside other units to detect and locate potential
suspects in areas that may be unsafe or impractical for officers to monitor.
Furthermore, the TPD's UAS team bolsters other units' training by assisting in documenting exercises
such as mounted operations, active shooter scenarios, Emergency Vehicles Operation Course
(EVOC), and SWAT. The UAS is deployed alongside the TPD SWAT team and Crisis Negotiation Team
(CNT), allowing for enhanced situational awareness during critical incidents, which in turn increases
the safety of the public, officers, and suspects.
The positive impact of the TPD's UAS team extends beyond our city limits, as they have also provided
assistance to neighboring cities during critical incidents.
Summary of Complaints:
The department did not receive any complaints concerning military equipment use in 2025.
Violations of Policy / Internal Audits:
An internal review regarding the use of the aforementioned equipment revealed no violations
of policy.
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Total Annual Costs and Inventory of Military Equipment:
The estimated annual cost for the use and maintenance of the military equipment in the department’s
current inventory is defined within Policy 706 and listed under each specific category item.
Future Acquisition of Additional Equipment:
The department’s intent to acquire additional military equipment within the next year is outlined within
Policy 706 and listed under each specific category item.
Community Outreach and Transparency:
The Tustin Police Department recognizes the importance of maintaining open lines of communication
with the community regarding the use of military equipment. Efforts to promote transparency and
engage with the community are of the utmost importance. It is important to note that the deployment of
military equipment is subject to continuous review and evaluation to ensure its necessity,
appropriateness, and adherence to departmental policies.
Pursuant to AB 481 and department policy, the Tustin Police Department will be sharing this annual report
at the Tustin City Council Meeting on August 4, 2026.
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ORDINANCE NO. 1579
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 706,
MILITARY EQUIPMENT POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481
(AB 481)
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill
481, relating to the use of military equipment by law enforcement agencies. Assembly Bill 481,
codified at California Government Code sections 7070 through 7075, requires law enforcement
agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military
equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking
certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also
requires that in seeking the approval of the governing body, a law enforcement agency shall
submit a proposed military equipment use policy to the governing body and make those
documents available on the law enforcement agency’s internet website at least 30 days prior to
any public meeting concerning the military equipment at issue. The term “military equipment” is
defined in California Government Code section 7070. Assembly Bill 481 allows the governing body
of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only
if it makes specified determinations.
SECTION 2. Assembly Bill 481 requires that after initial approval of a military equipment policy,
the Department must annually submit a report to the governing body which details the
Department’s use of military equipment, any complaints regarding the Department’s use of military
equipment, any violations of the Department’s policy, and any anticipated acquisition of additional
military equipment by the Department in the coming year.
SECTION 3. In addition, Assembly Bill 481 provides that the governing body shall review any
ordinance that it has adopted to approve the funding, acquisition, or use of military equipment at
least annually and, subject to the requirements of Government Code section 7071, vote on
whether to renew the ordinance at a regular meeting of the governing body.
SECTION 4. On July 23, 2026, the Department submitted its annual military equipment report to
the City Council. As directed by City Council, the annual report was posted on the Department’s
website on July 16, 2026. On August 5, 2026, the Department held a well-publicized and
conveniently located community engagement meeting at which the general public was able to
discuss and ask questions regarding the annual military equipment report and the Department’s
funding, acquisition, or use of military equipment.
SECTION 5. The Tustin Police Department Military Equipment Policy is attached as Exhibit “A”
(the “Policy”). The Policy was published on the City of Tustin internet website, which also serves
as the website for the Tustin Police Department, for not less than 30 days commencing on August
26, 2026. The proposed Ordinance and Policy were presented to City Council at a duly noticed
public hearing held on September 15, 2026, at which time members of the public were provided
an opportunity to comment on the proposed Ordinance and Policy.
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SECTION 6. The Policy complies with the requirements of California Government Code section
7070, subdivision (d).
SECTION 7. Based on the findings above, in addition to information provided to the City Council
at the public hearing, the City Council determines as follows:
A. The military equipment identified in the Policy is necessary because there
is no reasonable alternative that can achieve the same objective of officer and civilian
safety.
B. The Policy will safeguard the public’s welfare, safety, civil rights, and civil
liberties.
C. The military equipment identified in the Policy is reasonably cost effective
compared to available alternatives that can achieve the same objective of officer and
civilian safety.
SECTION 8. Approval of the Policy. The City Council of the City of Tustin approves and adopts
Tustin Police Department Policy 706, “Military Equipment”, attached hereto as Exhibit “A”. In doing
so, the City Council directs that:
A. Staff is authorized to request, seek funding for, acquire, collaborate with
other jurisdictions about the deployment of, and use military equipment consistent with this
Policy.
B. The Policy shall be maintained on the Police Department’s website page.
C. Annually, the Police Department shall hold a well-publicized and
conveniently located community engagement meeting regarding the Police Department’s
Policy and use of military equipment, pursuant to Cal. Government Code section 7072 (b).
D. Annually, the City Council shall review this Ordinance, the Policy and the
annual military equipment report prepared by the Police Department pursuant to Cal.
Government Code section 7072 and determine by ordinance whether to continue the
Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance.
E. Annually, the City Council shall determine, based on the annual military
equipment report submitted pursuant to Cal. Government Code section 7072, whether
each type of military equipment identified in that report has complied with the standards
for approval set forth in this Ordinance.
SECTION 9. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance for any reason is 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 hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
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SECTION 10. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a
summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified
copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk,
in accordance with Government Code Section 36933.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on
this __ day of _______, 2026.
________________________________
AUSTIN LUMBARD,
Mayor
__________________________
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
___________________________
DAVID E. KENDIG,
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify: (1) that the full title of the above and foregoing Ordinance
No. 1580 was included on the City Council’s published agendas for its meetings on the
15th day of September 2026, the day of 2026; (2) that a copy of the full ordinance
was made available to the public online and in print at the meeting prior its passage; (3)
that the whole number of the members of the City Council of the City of Tustin is five; and
(4) that the ordinance was duly and regularly introduced at the regular meeting of the City
Council held on the 15th day of September 2026 and was given its second reading, passed
and adopted at a regular meeting of the City Council held on the day of 2026,
by the following vote:
COUNCILMEMBER AYES: ___________________________________
COUNCILMEMBER NOES: ___________________________________
COUNCILMEMBER ABSTAINED: ___________________________________
COUNCILMEMBER ABSENT: ___________________________________
COUNCILMEMBER RECUSED: ___________________________________
___________________________
ERICA N. YASUDA,
City Clerk
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