REPORT TO CITY COUNCIL
SUBJECT
Title
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning restraint techniques, and creating a public forum for the approval of the purchase of military equipment. Assembly Bill (AB 481, Assembly Member David Chiu, Democrat, San Francisco) (Attachment 1) codified law enforcement’s acquisition, use, and funding of “military equipment.”
In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment. Furthermore, the State legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.
The City Council approved the required Military Equipment Use Policy and adopted the required Ordinance (SCCC 2.80.080) on March 8, 2022, with subsequent annual re-approvals on May 23, 2023, and April 24, 2024. The present proposed action constitutes the required reapproval process for 2025.
The law also requires law enforcement agencies to provide their governing body and the public with an Annual Report detailing equipment inventory, uses, complaints, etc. The City Council is then required to review the Annual Report for approval and review the Ordinance for renewal. Such renewal is required in order for the department to continue to use its existing (and to acquire new) qualifying equipment.
DISCUSSION
At least annually after the adoption of a Military Equipment Use Policy, each law enforcement agency is required to prepare a yearly military equipment report to include the following categories of information, and to submit that report to the governing body (City Council) for approval, and to publish that Annual Report on the City’s website:
• A summary of how the military equipment was used and the purpose of its use;
• A summary of any complaints or concerns received concerning the military equipment;
• The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
• 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;
• The quantity possessed for each type of military equipment; and,
• If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
It is important to ensure the community receives a high degree of transparency, convenience, and publicity, and also to ensure that the meeting occurs in such a manner that the City Council can most directly benefit from community input in its decision-making.
On January 27, 2025, staff presented a summary of the 2024 AB 481 Annual Report to the Chief’s Advisory Committee (CAC). Comments and suggestions from the CAC members included the following:
• CAC members emphasized calling out the original purchase date of the majority of equipment in future reports
• Members would like attention brought to the majority of perishable purchases being a result from use through training (versus in the field)
• Recommendation that social media and City-wide special events be utilized to highlight equipment designated as military equipment with an emphasis on the way it is used by our department
• In future reports, highlight what item(s) are being replaced due to end of life
On February 4, 2025, the Police Department posted the calendar year 2024 Annual Report on its website along with the tentative date City Council will consider this item (March 11, 2025) to serve as its “well-publicized and conveniently located community engagement meeting,” to allow for public discussion of the report.
The Police Department began advertising the Annual Report location and tentative public meeting via the Police Department’s website and social media platforms (e.g., Facebook, Instagram, Nextdoor, Nixle and Twitter) encouraging public participation in the City Council meeting on March 11, 2025.
Summary of SCPD’s Equipment
Many of the items designated by AB 481 as military equipment have been in our Police Department’s equipment inventory for decades. Use of this equipment is built into the Police Department’s operating procedures and provides a snapshot of their respective functionality.
A summary of the types of equipment in the Police Department’s possession, examples of how this equipment has (and can) be utilized as well as the source for original funding is below. It should be noted, maintenance and/or repair costs as necessary are paid from the General Fund unless otherwise documented.
|
Equipment |
Purpose |
Authorized Use |
Example of Types of Law Enforcement Uses |
Purchase Funding Source |
In Use by SCPD Since |
|
Robot and Unmanned Aircraft (Equipment Category 1) |
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings. Could be utilized in major collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life preservation missions, in response to specific requests from local, state or federal fire authorities for fire response and/or prevention |
Only assigned operators who have completed the required training shall be permitted to operate either piece of equipment. Use is established by the Incident Commander |
Robot • Highly mobile way to conduct sophisticated, live audio and video surveillance to prevent, investigate or fight crime • Deliver item(s) to a suspect Unmanned Aircraft • Disaster response and damage assessment • Locate missing persons and rescue events • Identify, locate and apprehend non-compliant, threatening or combative persons who pose a threat of injury or death to themselves, others or officers • Suspected explosive device • Dangers that would benefit from situational intelligence exposed from an aerial perspective • Video / photographic documentation of crime |
Robot Grant Unmanned Aircraft Grant* |
2005 |
|
Armored Rescue Vehicle (Equipment Category 2) |
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents |
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training |
• Evacuation of innocent individual(s) • Functions as a rolling shield to allow law enforcement personnel to safely get closer to a location and/or gain access to a location • Send message or warning tone over significant distance • Hail a suspect from being barricaded |
Grant** |
2010 |
|
Command and Control Vehicles (Equipment Category 5) |
To be utilized for critical incident callouts |
The CNT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license |
• Serve as a safe, secure workspace for staff on scene of a crime scene or critical incident • Tool to carry equipment associated with work |
Grant, General Fund and City’s disposal/reuse program |
2002 |
|
Breaching equipment (Equipment Category 7) |
To safely gain entry into a structure |
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises |
• Force open closed and/or locked doors • Diversionary tactic when trying to take a dangerous suspect into custody |
Grant, General Fund and Asset Forfeiture Program |
2007 |
|
Specialized Firearms and Ammunition (Equipment Category 10, 12 and 14) |
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible |
Only members that are POST certified are authorized to use a rifle |
• Non-lethal tool to stop an armed subject at various distances • Device to create a temporary diversionary tactic when trying to take a dangerous suspect into custody |
Grant, General Fund and Asset Forfeiture Program |
1975 - 2000 depending on the item |
*Purchase and corresponding policy approved however item not yet acquired.
**This item was purchased with UASI funds and therefore is a regional law enforcement asset.
As a reminder, nothing in this bill prohibits law enforcement from obtaining any of the items deemed as military equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment. The Police Department possesses equipment in 7 of the 15 established categories.
Funding and Purchases
While the department is the recipient of a variety of federal grants, the department has not applied for or received designated military equipment through the United States Department of Defense 1028 or 1033 excess equipment transfer programs.
Prior to the implementation of AB 481, decisions surrounding the acquisition of equipment were presented to the City Council at a high-level during consideration of the standard budget process or in a more detailed manner through a Report to City Council, depending on the circumstances (e.g., financial threshold, funding source, etc.), and procurement of such equipment adheres to the City’s purchasing processes and/or grant guidelines (depending on the funding source). The addition of the Police Department’s Military Equipment Policy (Lexipol Policy 706, Attachment 2) overrides past practice if the item being purchased is designated as Military Equipment. In these cases, the item will be brought forth to City Council for consideration through this annual AB 481 process prior to proceeding through the City’s purchasing process and/or grant purchasing requirements for non-consumable items.
The use of such equipment is governed by the Police Department’s Use of Force Policy #300. In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by SCPD’s Training Unit. In many cases, POST, vendor provided trainings or cross-training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.
All Police Department policies and procedures that govern safe-handling, storage, and qualification on specified equipment remain in effect. This includes but is not limited to California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials, SCPD weapons storage procedures, and ATF oversight of Noise Flash Diversionary Devices.
Annual Report & Ordinance Renewal
AB 481 requires law enforcement agencies to prepare a Resolution (Attachment 3) and Annual Report (Attachment 4) by calendar year to include the use of military equipment, any complaints received, any internal audits or other information about violations of the Police Department’s Lexipol Policy 706, the cost of such use, and other similar information.
As is noted in the Annual Report Executive Summary, the Police Department did not have any unauthorized uses during the reporting period, nor did it receive any complaints associated with the use of AB 481 equipment. In the interest of full transparency, the City conducted a zero-cost trade of obsolete or defective rifles resulting in a reduction of reported inventory (Category 10). The report does not address routine purchases for equipment not designated as military equipment, such as mechanical breaching apparatuses non-explosive in nature (e.g., hoolie bar, picks, sledgehammers and rams). This updated version also addresses equipment trades, if any, in 2024, and anticipated changes to the equipment inventory in 2025.
In calendar year 2025, the Police Department anticipates the following changes to the military equipment inventory:
• Ammunition and other consumables (Category 10, 12 and 14)
• Replacement of lost, damaged or malfunctioning equipment (e.g., warranty)
• Specialized Vehicles - Special Response Team van and Hostage Negotiation Team mobile command center reduced to one vehicle with multiple functions, plus an equipment vehicle. Combination of grant funding (COP 21 $45,000 and COP 22 $110,000), Police Department General Fund budget ($196,917), and equipment replacement funds ($292,917) to be utilized to fund this purchase. This was approved by City Council on January 28, 2025 (Category 5)
• Unmanned Aircraft - Application in the amount of $456,000 for Bay Area UASI Grant funding to purchase 4 tethered unmanned aircraft for mobile intelligence and surveillance tools as an emerging counter-terrorism tool and 1 mobile control center used to manage surveillance of high-risk areas, critical infrastructure, crowd monitoring and public events (Category 1)
• Lenco Armored Bearcat Medevac paid for with the Police Department’s Operating Budget ($491,998) (Category 4)
• Additional Drone funding is being sought, particularly for a DJI Matrice 350 model to enhance flight capabilities during inclement weather (Category 1)
Local, State and Federal grant funding opportunities vary from year to year, often influenced by legislation and funding priorities. As new grant opportunities
present themselves, the Police Department will evaluate eligibility criteria, whether the opportunity aligns with organization’s mission and goals, funding amount meets identified needs, understand reporting requirements and expectations, and determine if the opportunity meets our organization’s objectives prior to submitting a grant application. In the normal course of business, the Police Department competes among fellow law enforcement agencies for grant funding. The likelihood of receiving grant funding, having it considered by Council and completing the procurement process within this calendar year is minimal, however, any funding awarded for the purchase of qualifying equipment would be included in the following Annual Report.
At the writing of this report, the Police Department is also awaiting notification on grant applications and/or has received grant funding for the following military equipment:
• Unmanned Aircraft - Application in the amount of $456,000 for Bay Area UASI Grant funding to purchase 4 tethered unmanned aircraft for mobile intelligence and surveillance tools as an emerging counter-terrorism tool and 1 mobile control center used to manage surveillance of high-risk areas, critical infrastructure, crowd monitoring and public events (Category 1)
A governing body that has adopted a Military Equipment Use Policy by Ordinance pursuant to AB 481, as the City of Santa Clara has done, is required to annually review that Ordinance and, based upon the information provided in the Annual Report, make the following findings to support a renewal of the Ordinance:
• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
• The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
• The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and,
• 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.
The proposed Resolution incorporates the Annual Report, reflects the required findings, and approves renewal of SCCC 2.80.080 for an additional year.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
On-going staff time to document purchases and usage, as well as time to prepare the Annual Report and corresponding Report to Council is significant. However, the equipment referenced in the Annual Report has already been funded.
COORDINATION
This report has been coordinated with the Finance Department, Police Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481.
Staff
Reviewed by: Cory Morgan, Police Chief
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Assembly Bill 481
2. Policy #706
3. Resolution
4. 2024 AB 481 Annual Report