REPORT TO COUNCIL
SUBJECT
Title
Action to 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
EXECUTIVE SUMMARY
This report presents the annual review of the Police Department’s Military Equipment Use Policy required under California Assembly Bill 481 (AB 481), including a summary of military equipment inventory, use, costs, compliance, and community input during the reporting period.
BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed AB 481, establishing enhanced transparency, accountability, and public oversight requirements related to the funding, acquisition, and use of certain law enforcement equipment defined in the bill as “military equipment” under California Government Code sections 7070-7072. AB 481 requires law enforcement agencies to obtain annual approval from their governing body prior to the acquisition or use of military equipment and to adopt a publicly available Military Equipment Use Policy.
Prior to the enactment of AB 481, decisions regarding the acquisition of equipment were presented to the City Council either at a high level through the regular budget process or, when warranted by factors such as cost or funding source, through a more detailed Report to City Council. In all cases, procurement followed the City’s established purchasing procedures and/or applicable grant requirements.
With the adoption of the Police Department’s Military Equipment Policy (Police Department Policy 706), this prior practice is superseded for items classified as Military Equipment, as defined under State law. For such items, approval must be obtained from the City Council through the annual AB 481 review process before the City proceeds with procurement under its purchasing procedures and/or applicable grant requirements for non-consumable equipment.
The City Council initially approved the Santa Clara Police Department’s Military Equipment Use Policy and adopted Santa Clara City Code section 2.80.080 on March 8, 2022, with subsequent annual renewals on May 23, 2023, April 24, 2024, and March 11, 2025. The proposed action constitutes the required annual review and renewal for calendar year 2025.
On January 13, 2026 (first reading), and January 27, 2026 (second reading), the City Council approved updates to Section 2.80.080 of the City Code (RTC 26-1710 & RTC 26-69) to require renewal of the Ordinance by Resolution.
AB 481 further requires law enforcement agencies to submit an Annual Military Equipment Use Report to the governing body detailing equipment inventory, use, oversight, fiscal impact, and community feedback. Approval of the annual report and renewal of the Ordinance are required for the Police Department to continue to fund, acquire, and use qualifying military equipment.
DISCUSSION
Pursuant to California Government Code section 7072, the Annual Military Equipment Use Report must be submitted to the governing body for approval, published on the Department’s website to ensure public access and transparency, and include the following information for each type of military equipment:
• 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 violations of the Military Equipment Use Policy, and actions taken in response.
• The total annual cost for each type of military equipment, including acquisition, personnel, training, maintenance, and ongoing costs, and the source of funding.
• The quantity possessed for each type of military equipment.
• Any anticipated acquisitions of military equipment in the following year.
It is important that the reporting and review process ensure a high level of transparency, accessibility, and public notice, and that community engagement occurs in a manner that allows the City Council to meaningfully consider public input when evaluating the continued funding, acquisition, and use of military equipment.
Consistent with these objectives, the Santa Clara Police Department published the Annual Report on the City website on January 16, 2026, and shared the information through GovDelivery (subscription email) and Department social media platforms. A summary of the 2025 Annual Military Equipment Use Report was presented at a well-publicized and conveniently located community engagement meeting on January 26, 2026 to allow for public discussion of the report. Public comments included the following:
• Request for additional details regarding Unmanned Aircraft System (UAS) usage within the Department’s published Drone Activity Log.
• Encouragement for the Department to evaluate alternatives to AR-15 rifles to reduce the risk of serious injury while maintaining public safety.
On January 30, 2026, the Police Department posted an updated Annual Military Equipment Use Report with public comment. It should be noted that the Drone Activity Log posted on the Department’s website includes the date, time, location, and purpose of each Unmanned Aircraft System deployment. To protect privacy and sensitive information, locations are documented using non-specific identifiers.
Summary of SCPD Military Equipment
Many items designated as military equipment under AB 481 have been part of the Police Department’s inventory for decades. Their use is integrated into established operating procedures and reflects the intended functionality of each item.
AB 481 does not prohibit law enforcement agencies from obtaining equipment defined as military equipment; it establishes a public approval process governing which types of equipment may be authorized and the purposes for which it may be used. The Police Department currently possesses equipment within seven (7) of the fifteen (15) established categories.
A summary of the types of equipment in the Police Department’s possession, examples of how this equipment has (and can) be used as well as the source for original funding is attached (Exhibit A- Summary of Santa Clara Police Department Military Equipment and Funding). It should be noted maintenance and/or repair costs, as necessary, are paid from the General Fund unless otherwise documented.
Equipment Use and Oversight
In 2025, Santa Clara Police Communications Center received 52,647 Computer Aided Dispatch (CAD) calls for service, including 41,843 that required a police officer response. Military equipment was used in a limited number of incidents, representing a very small percentage of overall police contacts. There were zero reported violations of the Department’s Military Equipment Use Policy and zero complaints or concerns related to the use of military equipment during the reporting period.
The use of military equipment is governed by the Police Department’s Use of Force Policy (Police Department Policy 300) and applicable training standards established by the California Commission on Peace Officer Standards and Training (POST), with oversight provided by SCPD’s Training Unit. Training may include POST certified courses, vendor provided instruction, and/or interagency training as new equipment or legislation is introduced. Deployment authority of military equipment is limited to trained personnel and appropriate supervisory or command-level authorization.
All existing Department policies governing the safe handling, storage, certification, and oversight of specialized equipment remain in effect, including applicable requirements from the California Occupational Safety and Health Administration (OSHA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and SCPD weapons storage and accountability procedures.
Funding and Purchases
While the Department has received funding through various federal grant programs, it has not applied for or received military equipment through the United States Department of Defense 1028 or 1033 excess equipment transfer programs.
Military equipment expenditures represent a minimal portion of the Police Department’s overall budget. For Fiscal Year 2024/25, military equipment costs accounted for approximately 0.18% of the Department’s total operating budget.
In calendar year 2026, the Police Department anticipates completing a zero-cost exchange of obsolete or defective rifles for comparable replacement rifles. The Department also anticipates the following updates to its military equipment inventory.
• Ammunition and other consumables (Category 10, 12 and 14)
• Replacement of lost, damaged or malfunctioning equipment (e.g., warranty)
• Long Range Acoustic Device. Broadcasts audible voice messages with exceptional clarity over long distances and loud background noise. Police Department General Fund - $21,438. (Category 12)
• Additional AR-15 Rifles (Approximately 30) to ensure officers have access to rifles during critical incidents. Police Department General Fund - $76,850. (Category 8)
• DJI Matrice 4 (x2) - Drone offers more reliable flight, ideal for public safety agencies. Police Department General Fund - $8,989 each. (Category 1)
• DJI Avata (x2) - Compact drone designed for indoor or tight spaces. Police Department General Fund - $1,599 each. (Category 1)
• Insta360 Antigravity A1 (x1) - Drone offering 360-degree camera coverage for increased searching capability, particularly during interior searches. Police Department General Fund - $1,999. (Category 1)
• American Robotics Iron Drone (Unmanned Aircraft System Mitigation Equipment) - A non-lethal counter drone system designed to autonomously detect, intercept, and neutralize intruding drones, using computer vision to lock on, capture with a net, and safely lower unauthorized drones with a parachute, protecting large-scale public events. DHS Counter Unmanned Aircraft System Grant - $330,000. (Category 1)
o A rising number of Unmanned Aircraft System (UAS) incidents near U.S. airports and major sporting events, including thousands of sightings and multiple near-collision reports, has alarmed federal officials about the potential for serious public safety and infrastructure disruptions. At the same time, unauthorized drone flights over large civilian gatherings are climbing to unprecedented levels, with lawmakers warning that current protections and authorities are insufficient to counter the growing security risk.
o The Counter-Unmanned Aircraft Systems (C-UAS) Grant Program was established to enhance the ability of state, local, tribal, and territorial governments to detect, identify, track, and mitigate Unmanned Aircraft Systems using non-lethal tools. The program provides federal funding to support public safety agencies in addressing the increasing risks posed by unauthorized or malicious UAS activity, particularly in connection with critical infrastructure, emergency incidents, and large-scale public events. The primary objective is to ensure public safety entities have the resources, training, and operational capacity to detect, track, identify, and where authorized, mitigate UAS threats.
o This fiscal year, $250 million in funding was made available to 11 states hosting FIFA World Cup matches and America 250 national events. The states, in turn, passed on funding to local agencies. In November 2025, the Police Department submitted a grant application for Department of Homeland Security Federal Emergency Management Agency C-UAS funding through California Governor’s Office of Emergency Services (CalOES). On February 6, 2026, the Police Department received a Notice of Award from CalOES in the amount of $6,525,617 to support the acquisition and implementation of C-UAS program. The Police Department was one of five California law enforcement agencies selected to receive this funding. Staff will seek City Council approval to accept the C-UAS grant (RTC 26-86).
o Procurement of C-UAS equipment may occur through either of the following methods: the City’s established procurement process or the California 1122 Public Safety Procurement Program (1122 Program) using vetted vendors available through the Defense Logistics Agency (DLA). The 1122 Program allows state and local governments to purchase equipment for counter-drug, homeland security, and emergency response activities, ensuring that equipment and cost have been vetted by the DLA.
o Only mitigation equipment that complies with AB 481 requirements, and for which Police Department personnel are trained and certified through the FBI National Counter Unmanned Aircraft Systems Training Center (NCUTC), will be approved by the grantor for purchase, ensuring lawful, safe, and best-practice deployment.
Other local, state, and federal grant funding opportunities vary from year to year and are influenced by legislative actions and evolving funding priorities. As new grant opportunities become available, the Police Department evaluates eligibility requirements, alignment with City and departmental mission and goals, whether the funding amount addresses identified operational needs, applicable reporting and compliance requirements, and overall consistency with organizational objectives prior to submitting a grant application. In the normal course of business, the Police Department competes with other law-enforcement agencies for available grant funding. As a result, the likelihood of receiving grant funding, obtaining City Council consideration, and completing the associated procurement process within the current calendar year is minimal. Any grant funding awarded for the purchase of qualifying equipment would be included in the subsequent Annual Report to the City Council.
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 conduct an annual review of the ordinance and, based on the information contained in the Annual Report, make specific findings to support renewal of the ordinance. Those findings include that:
• The military equipment is necessary because there is no reasonable alternative that would achieve the same objective of officer and civilian safety; and
• The Military Equipment Use Policy safeguards the public’s welfare, safety, civil rights, and civil liberties; and
• The military equipment is reasonably cost effective when compared to available alternatives that could achieve the same objective of officer and civilian safety; and
• Prior use of military equipment complied with the Police Department Military Equipment Use Policy in effect at the time, or, if any prior use did not comply, appropriate corrective action has been taken to address noncompliant use and ensure future compliance.
The proposed Resolution incorporates the Annual Report, reflects the required findings, and approves the renewal of Santa Clara City Code Section 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
Ongoing budgeted staff time to document purchases and usage, as well as time to prepare the Annual Report and the 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 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, Chief of Police
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Assembly Bill No. 481
2. Policy #706
3. Draft Resolution
4. 2025 Annual Military Equipment Use Report
5. Exhibit A- Summary of Santa Clara Police Department Military Equipment and Funding