Resolution 2026-XX Page 1 of 3
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING THE MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (“AB”) 480, relating to the use of military equipment by law enforcement agencies, codified in Government Code sections 7070 through 7075; and
WHEREAS, on May 3, 2022, the City Council of the City of Fremont (“City Council”) adopted Ordinance No. 04-2022 and established Fremont Municipal Code (“FMC”) Chapter 8.80 Military Equipment Use that requires the City Council to approve and make certain findings during a regular meeting held pursuant to open meeting laws for funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy approved by City Council; and
WHEREAS, FMC Section 8.80.030 authorizes the City Council to approve the funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy if it makes certain specified determinations set forth therein; and
WHEREAS, FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing 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 information about violations of the Military Equipment Use Policy, and any actions taken in response; 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; the quantity possessed for each type of military equipment; and if the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and
WHEREAS, Government Code section 7070 and FMC section 8.80.020 define military equipment to include long-range acoustic device (“LRAD”) and gas canister systems; and
WHEREAS, the LRAD is an audible broadcast system that can be mounted on a vehicle or tripod and can broadcast real-time voice commands, pre-recorded voice commands/public safety messages, and emergency alert tones. The broadcast direction, degree of focus, and decibel level are adjustable based on the situation. LRAD devices are used by law enforcement agencies for a variety of purposes, including special-event communication, tactical operations, search-and-rescue, and evacuation notifications; and
WHEREAS, the LRAD would enhance the Police Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective during many circumstances, including:
Resolution 2026-XX Page 2 of 3
• Pre-Planned Warrant Service: The LRAD will provide clear and effective verbal announcements and orders for people inside structures and at greater distances. • Barricaded Suspects: The LRAD will provide greater verbal communication with subjects inside structures and vehicles.
• Negotiations and De-Escalation: The LRAD will provide an avenue for Hostage Negotiators to communicate clearly with subjects during a vast array of operations. • Crowd Management: During crowd management events, the LRAD will provide a way to clearly communicate over a large area.
• Emergency Notifications or Evacuations: The LRAD can be used to warn the public of emergency events, extreme weather, and evacuations.
• Special Events: The LRAD can be used to communicate information to large crowds at special events, including public safety announcements and missing persons information; and
WHEREAS, the Combined Tactical Systems (“CTS”) Baffled Gas Canisters allow the gas contents to burn within an internal chamber and disperse the agent safely, reducing the risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a dangerous barricaded subject. The purpose of the CTS Baffled Gas Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. This device is specifically approved by the manufacturer for launchable delivery, meaning it can be thrown or launched into a structure without damaging the canister; and
WHEREAS, the Police Departments would utilize the CTS Baffled Gas Canisters to enhance their mission of protecting lives and property when other means and resources are unavailable or are less effective by enabling the delivery of a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness through heat and vaporization while minimizing or eliminating the risk of fire to the structure. The canisters increase the safety of personnel deploying it and further reduces the risk of fire, which differs from other products in its category. These canisters would be used primarily during dangerous barricaded suspect incidents, and also as a less lethal option to assist with the dispersal of a riot and/or arrest of dangerous suspects; and
WHEREAS, on May ___, 2026, the City Council held a duly noticed meeting where members of the public had the opportunity to be heard on this subject, and the City Council considered the information set forth in the staff report and information submitted to the City Council prior to and during the meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Fremont finds that each type of military equipment identified in the Fremont Police Department April 2025 to March 2026 Annual Military Equipment Use Report (“Report”) has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy and approves the Report.
Resolution 2026-XX Page 3 of 3
SECTION 2. The City Council of the City of Fremont approves the amendment to the Military Equipment Use Policy, as identified in Exhibit 1 of the Fremont Police Department’s Military Equipment Use Policy and the purchase of a Long-Range Acoustic Device (LRAD) and thirty (30) Combined Tactical Systems (CTS) Baffled Gas Canisters, finding that: (1) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, (2) the existing Military Equipment Use Policy attached as Exhibit A to this Resolution safeguards the public's welfare, safety, civil rights, and civil liberties; (3) the requested equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of police, fire and public safety; and (4) the prior military equipment use complied with the military equipment use policy that was in effect at the time.
ADOPTED_______________, 2026 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorney