Title
First Reading of an Ordinance of the City of San Leandro City Council to Approve and Renew a Military Equipment, Funding, Acquisition and Use Policy as Stated in San Leandro Municipal Code Chapter 4-42 in Compliance With Assembly Bill 481
Staffreport
COUNCIL PRIORITY
• Public Safety
SUMMARY
The purpose of California Assembly Bill 481 is to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies.
RECOMMENDATIONS
Staff recommends the City Council approve and adopt the Military Equipment Funding, Acquisition and Use Policy and renewing Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” in compliance with California Assembly Bill 481.
BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law required law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy.
Government Code section 7070 defines the term “military equipment” to not necessarily
indicate equipment that has been used by the military or purchased from the federal
government. Rather, the definition includes, but is not limited to, unmanned aerial or
ground vehicles, armored vehicles, command and control vehicles, less lethal projectile launchers, and flashbangs. California 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.
The law also required law enforcement agencies that received approval for a military equipment use policy pursuant to Section 7071 to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency must make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
The annual military equipment report shall, at a minimum, 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.
Analysis
The San Leandro Police Department’s Annual Report on the “Military Equipment Funding, Acquisition and Use Policy,” as well as the proposed “Military Equipment Funding, Acquisition and Use Policy,” and required “Military Equipment Inventory List” are attached to this report.
The policy requires the department to:
• identify equipment the department intends to acquire that requires approval by the governing body.
• conduct an annual inventory of all military equipment.
• collaborate with any allied agency that may use military equipment within the jurisdiction of the San Leandro Police Department (Government Code § 7071).
• schedule an annual community engagement meeting regarding the department’s funding, acquisition, and use of equipment.
• prepare and publish an annual military equipment report on the department website (Government Code § 7072).
• establish a procedure for a person to register a complaint, concern, or question about the use of a type of military equipment, and how the department will respond in a timely manner.
The San Leandro Police Department does not have any equipment obtained from the Law Enforcement Support Officer (LESO) 10-33 program. However, due to the broad definition of “military equipment” in Assembly Bill 481, the Police Department is in possession of equipment that is defined as “military equipment.” Included in the inventory list are:
• Equipment Description
• Capabilities
• Quantity
• Expected Lifespan
• Purpose
• Authorized Use
• Fiscal Impact
• Training
• Legal and Procedural Rules
• Miscellaneous Information
Therefore, for the department to continue to use the equipment, the City Council must renew its approval of the policy and renew Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy”.
Current Agency Policies
• San Leandro Police Lexipol Policy 707
Previous Actions
• May 16, 2022, the City Council adopted Ordinance 2022-006 Military Equipment Funding, Acquisition and Use Policy And Adding Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” To Title 4. “Public Welfare” Of The Municipal Code In Compliance With Assembly Bill 481.
• June 5, 2023, the City Council renewed Ordinance 2022-006 Military Equipment Funding, Acquisition and Use Policy
• April 15, 2024, the City Council renewed Ordinance 2022-006 Military Equipment Funding, Acquisition and Use Policy
Board/Commission Review and Actions
On February 19, 2025, the Department held a Community Meeting at the regularly scheduled Community Police Review Board (CPRB) Meeting, which was publicly noticed. That meeting included a staff presentation updating the department’s inventory to show the discontinued use of personally owned rifles, as well as the Department’s request to replace (4) breaching shotguns with (2) Kinetic Breaching Tools (approx. $28,000). In addition to the presentation, there were public comments as well as robust questions and dialogue facilitated by the CPRB. At the conclusion of the meeting, the CPRB made no recommendations to the department.
Financial Impacts
The acquisition of the (2) Kinetic Breaching Tools is not budgeted and will require an appropriation of approximately $28,000 from the Frontline Grant. The item will be brought before City Council for approval at a subsequent meeting later in the fiscal year. There will be no impact to the General Fund.
ATTACHMENTS:
A: 2024 Annual Military Equipment, Funding, Acquisition and Use Policy Presentation
B: Military Equipment, Funding, Acquisition and Use Policy Ordinance
C: Military Equipment, Funding, Acquisition and Use Policy 707
D: Military Equipment Inventory List
PREPARED BY: Luis Torres, Assistant Police Chief, San Leandro Police Dept.