PREPARED BY: james laughter DATE OF MEETING: 03/03/2025
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION (1) ACCEPTING THE 2024 ANNUAL MILITARY EQUIPMENT REPORT; (2) DETERMINING THAT THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN 2024 COMPLIED WITH THE DEPARTMENT’S MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY 709 AND APPLICABLE STATE LAW; AND (3) DETERMINING POLICY 709 WILL BE CONTINUED WITHOUT CHANGE
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Improve Public Safety is one of the top City Council priorities and is listed as an adopted policy item under the FY 2023-25 City of San Pablo City Council Priority Workplan, effective May 1, 2023.
BACKGROUND
Assembly Bill 481 (AB 481), approved on September 30, 2021 by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with Section 7070 et seq.), requires the San Pablo Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment.
On May 2, 2022, the City Council adopted Ordinance 2022-002 approving Police Department’s Policy 709: Military Equipment Funding, Acquisition, and Use. Policy 709 adheres to the requirements of California Government Section 7070 et seq. with respect to the funding, acquisition, and use of military equipment.
Annual Military Equipment Report
Policy 709, Ordinance 2022-002, and Government Code Section 7072 require the Police Department to do both of the following:
• Publish annually a military equipment report for the prior calendar year (1) summarizing the use of each type of military equipment approved by Policy 709, (2) summarizing any complaints or concerns received about the military equipment, (3) providing the results of any internal audits and information about violations of Policy 709, and any actions taken in response, (4) providing the total annual cost for each type of approved military equipment and the source of funds for military equipment in the upcoming year, and (5) inventorying the quantity of each type of military equipment possessed and listing the quantity to be acquired in the upcoming year.
• Hold annually at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the military equipment annual report.
The Police Department complied with both of these requirements. On January 6, 2025, the Police Department published its 2024 Military Equipment Annual Report to its website (https://www.sanpabloca.gov/2831/2024-Military-Equipment-Annual-Report#liveEditTab_widgets <https://www.sanpabloca.gov/2831/2024-Military-Equipment-Annual-Report>). On February 5, 2025, the Police Department presented the findings of the 2024 Annual Military Equipment Report to the City of San Pablo Public Safety Standing Committee. Notice of the Committee meeting was publicized on the City’s and Police Department’s websites beginning January 13, 2025.
Council Annual Review of the Military Equipment Annual Report and Policy 709
Under Government Code Section 7071(e)(1-2), annually the City Council must review Policy 709 and the Annual Military Equipment Report and determine whether each type of military equipment identified in the report has complied with all of the following standards:
• The military equipment identified in Policy 709 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
• Policy 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
• If purchasing the equipment identified in Policy 709, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
• The Police Department’s prior military equipment use complied with the military equipment policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Additionally, after reviewing the Annual Military Equipment Report and Policy 709, under Government Code Section 7071(e)(1), the City Council must vote annually whether to continue Policy 709 without change or direct staff to return at a future City Council meeting with a proposed ordinance for the City Council’s consideration to amend or repeal Policy 709 and Ordinance 2022-.
Staff recommends that Council determine that Policy 709 be continued without change for the following reasons:
• The Police Department retains and employs limited military equipment to safeguard the safety of the public and staff. There are no tools or resources that are reasonable alternatives to achieve the same safety objectives than use of the military equipment listed in Policy 709 and the 2024 Annual Military Equipment Report.
• Policy 709 safeguards the public’s welfare, safety, civil rights and civil liberties.
• The Police Department adheres to the City’s purchasing policies when military equipment is purchased.
• On December 19, 2024, the Police Department Support Services Division Captain completed an audit of the Department’s use of military equipment in 2024 and determined that the use of military equipment fully complied with Policy 709.
Staff recommends that Council adopt the proposed resolution (1) accepting the 2024 Annual Military Equipment Report, (2) determining that the Police Department’s use of military equipment in 2024 complied with Policy 709 and applicable state law, and (3) determining that Policy 709 should be continued without change. The Police Department’s continued use of military equipment in the manner set forth in Policy 709 safeguards public and staff safety, and the public’s welfare, civil rights and civil liberties.
STANDING COMMITTEE REVIEW
On February 5, 2025, staff presented the Department’s 2024 Annual Military Equipment Report to the Public Safety Standing Committee (Vice Mayor Pabon-Alvarado & Councilmember Xavier). Upon completion of the presentation, the Committee recommended that the City Council formally (1) accept the 2024 Annual Military Equipment Report, (2) determine that the Police Department’s use of military equipment in 2024 complied with Policy 709 and applicable state law, and (3) determine that Policy 709 be continued without change.
FISCAL IMPACT
Military equipment purchased in 2024 totaled $24,830 using identified funds from the Police Department safety equipment account (100-2110-42000). The projected cost of 2025 military equipment purchases is approximately $10,000 and will be funded from the Police Department’s approved operating budgets for FY 2024-25 and FY 2025-26.
ATTACHMENTS:
Att A- Resolution
Att B- Ordinance 2022-002 Military Equipment Police Policy 709
Att C- 2024 Annual Military Equipment Report