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PUBLIC HEARING AUTHORIZING THE CONTINUED USE, FUNDING, AND ACQUISITION OF MILITARY EQUIPMENT ESTABLISHED IN THE “MILITARY EQUIPMENT” POLICY, AS MANDATED BY CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY EQUIPMENT
recommended action
RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council, as governing body of the City of Stockton, by motion:
1. Authorize Stockton Police Department (SPD) to continue the use of military equipment as defined by Assembly Bill 481 (AB 481) and approved via City Ordinance 2024-05-21-1601.
2. Approving 2025 Intended Acquisitions, as outlined in the 2025 AB 481 Annual Report, published April 2, 2025.
It is further recommended that the Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this ordinance.
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Summary
On September 30, 2021, California's Governor approved AB 481, requiring law enforcement agencies to obtain approval from the applicable governing body, by the adoption of a military equipment use policy, at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined in the Government Code. Military equipment are items that are designated prohibited or controlled by the Federal Defense Logistics Agency.
AB 481 requires approval on an annual basis for the continued use of military equipment and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either approve the continued use of military equipment; disapprove a renewal of the authorization for a type, as defined, of military equipment; or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with standards for approval.
DISCUSSION
Background
On April 5, 2022, the City Council adopted an ordinance, 2022-04-05-1601, approving SPD’s General Order F-02a, a policy regarding the acquisition and use of military equipment, as required by AB 481. Military equipment includes but is not limited to, unmanned, remotely piloted vehicles, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units, noise-flash diversionary devices and explosive breaching tools, kinetic energy weapons and munitions, or any equipment that is designated as prohibited or controlled by the federal Defense Logistics Agency and any other equipment as determined by a governing body or a state agency to require additional oversight. The policy established the Department's designee for creating an annual report to the public on the SPD's military equipment inventory.
Subsequently, SPD transitioned its policies from general orders to the Lexipol policy system. Ordinance 2022-04-05-1601 was based on the outdated General Order F-02a and required an update to align with the new Lexipol Policy 706 to be in compliance with Government Code requirements. On May 21, 2024, the City Council adopted ordinance 2024-05-21-1601, authorizing the transition from General Order F-02a to Lexipol policy 706 titled “Military Equipment”, attached hereto (Attachment A). The 2025 Annual report was published on the Stockton Police Department webpage on April 2, 2025 (Attachment B).
Present Situation
In 2025 the state of California ammended the title of Category 13 from “TASER Shockwave, Microwave Weapons, Water Cannons, and Long-Range Acoustic Devices” to include “Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices, acoustic hailing devices, and sound cannons”. Based on this, SPD determined that the current ordinance requires an update to approve the current military equipment policy.
The SPD is also planning for new equipment and other acqusitions, as outlined in the 2025 Annual Report. A portion of the purchase costs will be funded through the 1033 program, the City will only be responsible for expenses related to ongoing maintenance and training. New acquisitions include, but are not limited to:
• Two DJI M30t UASs and battery charging stations.
• One DJI Avata UASs
• Lenco Bearcat Tactical Armored Vehicle. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet-resistant glass, overhead lights, and siren.
• Humvee (HMMWV) for supply delivery/logistics during emergency and extended duration incidents, and for use during community engagement events.
• Armored Critical Incident Vehicle, also known as a Rook. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet-resistant glass, mechanical platform, and breaching capabilities.
• Command-and-control vehicle listed in Category 5 and similar to item 2, the MCP2, to improve our ability to effectively respond to multiple negotiations and/or complex investigations simultaneously.
• Command-and-control vehicle listed in Category 5 to replace item 4, the Bomb Squad Truck. The replacement vehicle will either be a sprinter van or delivery truck outfitted to house the Bomb Squad’s tools and equipment.
• Ammunition will need replacement/restocking as they are used throughout the year for training, qualifications, and as they are assigned as duty ammunition.
• Munitions will need replacement/restocking as they are used throughout the year in training, authorized deployments, and as expired munitions are replaced.
• Gas injector system as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle that was requested for acquisition. The gas injector unit is a device that is mounted to the tactical armored vehicle's ram and enables the safe delivery of a CS or OS canister into a structure, vehicle, or other location where an approach on foot or with another delivery system is too dangerous or impractical.
• LRAD (Long Range Acoustic Device) is a specialized loudspeaker used for communicating at a distance, negotiations with barricaded suspects, mass notifications and natural emergencies.
• Ammunition related to Category 14 will require replacement/restocking as they are used throughout the year in training and authorized deployments.
Publication
The Notice for this public hearing was published in The Record on April 17, 2025.
FINANCIAL SUMMARY
There is no immediate financial impact to the City from the proposed action. Costs noted in the SPD’s 2025 AB481 Annual Report are as follows:
• Annual equipment maintenance and Supply costs - $433,627
• Training costs - $669,059
• Equipment needs - $2,008,405
Budget for these items is included in the Police Department’s annual budget in the General and Other Special Revenue Funds. The Department will seek grants or other funding opportunities to fund equipment needs.
Attachment A - Ordinance 2024-05-21-1601
Attachment B - Stockton Police Department 2025 AB 481 Annual Report and SPD Policy 706, titled “Military Equipment”