Consent Item 4e
STAFF REPORT
City Council Consent Item
DATE: June 3, 2024
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THROUGH: Merritt Perry, City Manager
SUBJECT: Annual Military Equipment Report; Assembly Bill 481 STAFF RECOMMENDATION:
Receive staff report and file as an informational item.
BACKGROUND:
On September 30, 2021, Assembly Bill 481 (AB-481) required all law enforcement agencies to adopt a military use policy by ordinance. The City of Fortuna adopted Ordinance No. 2022-753 in compliance with AB-481 in 2022.
AB-481 requires law enforcement agencies to submit to the City Council, an annual Military Equipment Report on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency and the intention to purchase additional equipment in the following budget year. In addition, within 30 days of submitting and publicly releasing the report, a “well-publicized community engagement meeting” must be held to allow for public comments, questions, or concerns.
EXECUTIVE SUMMARY:
On May 2, 2022, the Fortuna City Council adopted Ordinance No. 2022-753 approving a Military Equipment Use Policy pursuant to Assembly Bill 481 (AB-481). In accordance with AB-481 and the Fortuna Police Department’s policy, a military equipment report shall be submitted to the City Council annually for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. The inventory and reporting requirement was repeated and submitted to Council in calendar year 2023. Outlined below is the 2024 Annual Military Equipment Report.
ACTION(S):
To meet the original requirements of AB-481 a review of inventory designated as “Military Equipment” was conducted prior to the adoption of Ordinance No. 2022-753. In 2023, the inventory was updated and a report was provided to the City Council. The Fortuna Police Department’s current military equipment inventory was memorialized and documented in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report.
During the most recent reporting period, the Fortuna Police Department acquired the Consent Item 4e
following equipment:
1. One, Unmanned Aerial Vehicle (UAV). The brand, make, and model are as follows: DJI, Avata 2. Cost: $1,886.01. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.
2. 5000 rounds of ammunition was purchased for patrol rifles to maintain the department’s inventory. 5000 rounds of Hornady brand, 5.56mm, 55 grain, NATO, TAP, training rounds: Cost: $2,917.00. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.
3. 500 rounds of ammunition was purchased for patrol shotguns to maintain the department’s inventory. 500 rounds of Hornady, 12ga, OO Buck. Cost: $621.50. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.
4. 250 rounds of ammunition was purchased for patrol shotguns to maintain the department’s inventory. 250 rounds of Hornady, 12ga, Slug TAP. Cost: $471.00. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.
5. Two (2) Daniel Defense, 02-088-MK 18, short barrel patrol rifles (223 caliber). Cost:
$3357.68. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.
6. Four (4) Surefire brand, patrol rifle sound suppressors (cans). Cost: $4,052.01. The description, quantity, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4.
COMPLAINTS OR CONCERNS:
No citizen complaints or public concerns were reported regarding the inventory or use of military equipment in 2023. The department maintains an AB-481 Military Equipment Transparency website link as well as a dedicated email address and telephone number for any member of the public wishing to contact the department’s Military Equipment Coordinator regarding complaints or concerns. The link, email address, and telephone number are available to the public in both English and Spanish on the department’s website, under the sub-link, “California Assembly Bill 481 Agency Transparency” and are contained in the department policy manual under the sub-link, “California Senate Bill 978 Agency Transparency”.
INTERNAL AUDIT:
There were no violations of the Military Use Equipment Policy in 2023.
INTENT TO PURCHASE IN 2024:
The Fortuna Police Department intends on purchasing and procuring two (2) to four (4) additional patrol rifles in 2024 as defined in Fortuna Police Department Policy No. 709, § 709.4, subsection (c). The department patrol rifles comply with Fortuna Police Department Policy No. 312 and are specified in § 312.3.3 as AR-15 style nomenclature - .223 caliber / 5.56mm (NATO) semi-auto or select fire (auto) carbine rifles. The Fortuna Police Department also plans to purchase two (2) to four (4) sound suppressors (cans) for use with the aforementioned patrol rifles.
Consent Item 4e
The Fortuna Police Department intends on making purchases, which maintain the current inventory of practice and duty ammunition for duty firearms including side arms, patrol rifles, and shotguns. The department also maintains an inventory of PepperBall and less-lethal munitions.
The approximate quantity, description, capabilities, and purchase cost are contained in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report. The department budgets approximately $15,000 per fiscal year for all range and firearm supplies including ammunition (100-2000-5515).
PUBLICIZED COMMUNITY ENGAGEMENT MEETING:
The required community engagement meeting is scheduled for Friday, July 12th 2024 from 5:30 PM to 6:00 PM and will be facilitated by the Chief of Police. The meeting will be held in the City Council Chambers located at 621 11th St., Fortuna, CA and will allow for a review of the annual report and community questions and input. The meeting was posted on the City of Fortuna’s webpage on May 28th 2024.
FISCAL IMPACT:
There is no fiscal impact related to the production of the annual report. In addition, all purchases past and present derive from the department’s allotted budget (100-2000-5515). Individual equipment costs can be found in Fortuna Police Department Policy No. 709, § 709.4 which is attached to this staff report.
RECOMMENDED COUNCIL ACTION:
1. Receive Report and File as an Informational Item.
2. Hold a Review 30 Days After the Report Has Been Publicly Released.