Fremont City Council Meeting: 05/05/26 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5701) DOC ID: 5701
Updated: 5/1/2026 11:27 AM by Dina Lewis Page 1
Military Equipment Annual Report - Annual Review and adopt a resolution approving the military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2025 to March 2026; Approve Additional purchase of a Long Range Acoustic Device and Combined Tactical Systems Baffled Gas Canisters.
Contact Persons:
Name: Veronica Rodrigues Bryan Hollifield
Title: Police Lieutenant Police Lieutenant
Div/Dept: Police Department Police Department
Phone: (510) 790-6779 (510) 790-6934
E-Mail: [email protected] [email protected]
Executive Summary: The Fremont Municipal Code Chapter 8.80, known as the Military Equipment Use Ordinance, requires the Fremont Police Department (FPD) to produce an annual military equipment use report. The Fremont City Council uses the annual report to ensure FPD's compliance with the Military Equipment Use Policy and to determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.
FPD has submitted the required annual report covering the reporting period from April 2025 to March 2026, held the required community engagement event, and now seeks City Council review and approval for the continued use of the approved equipment. FPD is also seeking approval to purchase one Long-Range Acoustic Device (LRAD) and thirty Combined Tactical Systems (CTS) Baffled Gas Canisters.
Background: Government Code sections 7070 through 7075 require 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. On May 3, 2022, the Fremont City Council adopted Ordinance No. 04-2022 establishing Fremont Municipal Code (FMC) Title 8 Health and Safety, Chapter 8.80 Military Equipment Use. FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing the following:
• A summary of how the Military Equipment was used and the purpose of its use.
Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 2
• 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 Use Report. • The quantity possessed for each type of Military Equipment. • If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
In addition, FPD must make the annual Military Equipment Use Report available on its website and hold a community engagement meeting where the public can discuss and ask questions about the report and FPD's military equipment. Once the report is submitted, the City Council shall determine, based on the annual Military Equipment Use Report, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in the FMC and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Use Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
Discussion/Analysis:
Annual Report
With this report, FPD has submitted the required annual report, documenting all information for the reporting period from April 2025 to March 2026. In compliance with the ordinance, the report was posted publicly on March 24, 2026, in the transparency section of FPD’s website, along with an updated draft of Exhibit 1. A well-publicized and conveniently located community engagement event was held on March 25, 2026, from 5:30-7:00 p.m., where all approved military equipment was available for public viewing and discussion. The public event was held in the front parking lot and front lobby of FPD. Approximately 50 community members attended Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 3
the event. No significant community concerns were noted during or after the event regarding any of the equipment on display.
FPD is seeking City Council review and approval for the continued use of all authorized military equipment identified in the annual report, as well as the equipment listed in Exhibit 1 of FPD’s Military Equipment Use Policy (708).
As shown in the annual report, FPD used some but not all of the listed equipment and received no complaints or concerns regarding its use. In addition, FPD had no policy violations associated with the deployment or use of military equipment. Consequently, the FPD has complied with the requirements of FMC Chapter 8.80 and the Military Equipment Use Policy for the period covered in the annual report.
In order to approve the continued use of the currently authorized military equipment by FPD, the ordinance and AB 481 require the City Council to find that the military equipment listed in the policy is necessary because there is no reasonable alternative that can achieve the same objective of community and officer safety and that the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. All of the equipment listed in the policy was designed to enhance law enforcement’s ability to ensure public safety and welfare and was not obtained from the military. The policy ensures that safeguards, including transparency, oversight, and accountability measures, are in place for the use of the listed equipment. Members of the public are provided with directions, according to the policy, on how to register complaints about violations. All items that result in the use of force will be investigated, as is already required by existing FPD policy.
Based on ongoing equipment evaluation and deployment history, FPD has not discovered alternative items that can achieve the same objectives of community and officer safety. Below is information pertaining to items Fremont Police has acquired, utilized, and assessed as being necessary to achieve and support public safety objectives:
Government Code § 7070(c)(1)- Unmanned remotely piloted powered aerial or ground vehicles:
Unmanned aerial systems (UAS) are necessary as they provide real-time situational awareness to responding and/or on-scene first responders. UAS are utilized in Fremont for both Drone as First Responder (DFR) deployments and field deployments. Without the use of a UAS, police officers would have limited overhead observation of high-risk areas, decreased effectiveness of Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 4
detecting missing persons, reduced visual assistance during rescue operations, and would be unable to assess suspicious/dangerous objects from a safe distance. In addition to crime and rescue operations, UAS equipment is used to memorialize and document crime scenes and traffic accident locations. The UAS system can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential areas, open land/wooded areas, and other crowded spaces. Without this equipment, safety risks to the public and law enforcement personnel would increase in the circumstances described.
Therefore, we have found no reasonable alternatives that would allow FPD to achieve public safety objectives.
Unmanned, remotely controlled ground vehicles (robots) are used to gather images and/or video during high-risk operations and critical incidents. The equipment provides visibility in areas where it would be unsafe to send a police officer. This system can also be used to observe potentially hazardous items, such as explosive devices or suspicious chemicals. Lacking access to this item would require police officers or other emergency responders to perform high-risk tasks and could lengthen the mitigation process during dangerous operations. There is no known alternative to this system.
Government Code § 7070(c)(2) and (3) – Armored personnel carriers:
The FPD utilizes two armored vehicles. The armored vehicles are built on commercial truck chassis and have an armored body/shell. Our armored vehicles are equipped with an attachment that allows breaching of structures to conduct rescue operations or apprehend persons who are violent and pose a significant risk to the community and officers. Armored vehicles provide ballistic protection for officers and members of our community during rescue operations, critical incidents, and other hazardous situations. These vehicles allow officers closer access to high-risk situations (gun violence, dangerous objects, etc.) while substantially reducing the physical risk to community members and officers. As such, there are no reasonable alternatives to providing the same level of ballistic protection to community members or police officers during incidents involving gun violence.
Government Code § 7070(c)(5) – Command and control vehicles:
The Mobile Command Vehicle (MCV) is a vehicle similar to a commercial recreational vehicle (RV). It is equipped with emergency dispatching communication, monitors, and command systems to assist in the command and control of a critical incident. This vehicle enables mobile incident Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 5
command and the use of the Incident Command System, facilitating the best possible on-scene decision-making by key leaders. It provides operational, administrative, and logistical support, as well as restroom facilities and mobile power generation. A critical function of the MCV is to serve as an emergency backup dispatch system in case of a failure of our main system in the police building. As a result, given the criticality of the continuity of emergency calls for service, there is no known alternative to the MCV, as this vehicle directly supports public safety efforts during critical incidents.
The Hostage Negotiations Team Van (HNT Van) is a standard Ford Transit (350) van equipped with audiovisual devices to communicate with violent and dangerous people who are not complying with a lawful order to surrender or be arrested. The vehicle is used to assist the command-and- control element in facilitating the safe surrender of subjects who refuse to submit to arrest. This vehicle’s link to the MCV makes it necessary for public safety objectives, and no known alternative has been identified.
Government Code § 7070(c)(7) - Breaching apparatuses and slugs:
FPD utilizes breaching shotguns used to defeat locked, barricaded, or fortified locations, allowing officers to conduct rescue operations or high-risk forceable entries necessary to apprehend a suspect unwilling to submit to a lawful arrest. The equipment is also used during rescue operations to defeat locked doors and swiftly render aid to those in need of immediate medical attention. These items allow police officers rapid entry into a structure when a delay in time could result in severe injury or loss of life to members of our community and/or law enforcement personnel. Examples include active shooter situations, hostage/kidnapping incidents, downed persons inside the dwelling, or high-risk arrest operations. In such situations, time is of the essence, and it would not be feasible to wait for alternative access options to become available. Handheld battering rams and lock picks can be alternatives in non-fortified, lower-level, low-risk situations. When rapid entry is necessary to save lives or prevent injury, the breaching shotgun is necessary. As such, there is no reasonable alternative to these items.
Government Code § 7070(c)(10) – Specialized firearms and ammunition:
When in compliance with FPD’s De-escalation and Use of Force Policy, the currently approved rifles allow officers to address medium to long-distance violent and dangerous threats. This may include persons who are heavily armed or are actively harming or killing others. Further, this equipment allows officers precision shot placement, minimizing the risk to members of Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 6
our community and officers. There are no known alternatives to these weapons that offer a comparable level of effectiveness in preventing harm or loss of life.
Government Code § 7070(c)(12) – Flashbangs, tear gas, pepper balls:
Flashbangs are used as a distraction device in order to divert the suspect’s attention away from officers during high-risk arrest or rescue operations.
The distraction enables officers to gain safer access and provides extra time to assess and analyze existing threats. The intent of utilizing this device is to prevent injury to community members, officers, and suspects. The intended outcome is to achieve a safe resolution and enable officers to conduct high-risk, dangerous arrest operations while using minimal force. Fremont Police have successfully used these devices in the past and are unaware of any reasonable alternatives that would achieve the same objectives.
Tear gas and pepper balls are less lethal methods used to address violent or riotous crowds when there is a risk to physical safety. They are also used to safely extract a violent, dangerous, or uncooperative/resisting suspect from a fixed location or safely detain a suspect who poses a risk to our community or police officers. Tear gas allows officers to deploy a chemical agent (irritant) into a structure where the use of other tools may be impractical or inappropriate. These tools afford law enforcement an additional option to help prevent officers from resorting to a higher level of force to effect an arrest. Based on ongoing reevaluation of these tools and experience, we have found no reasonable alternative.
Government Code § 7070(c)(14) – 40mm projectile launchers:
The use of 40mm projectile launchers is necessary to offer another alternative to lethal force. The projectile, made from a material similar to foam, is less likely to result in death or serious physical injury when used on a suspect who is violently resisting or refusing to comply with a lawful order to surrender to arrest. The device's kinetic energy is intended to be used in accordance with FPD policy and only when no alternative is appropriate. As another less lethal tool, this equipment is necessary, and no reasonable alternative has been identified based on ongoing assessment and experience.
For the above-listed reasons and based on the annual report, the staff recommends that the City Council approve the continued use of the currently authorized military equipment.
Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 7
Request for authorization to purchase a Long-Range Acoustic Device (LRAD)
FPD is seeking City Council approval to purchase one Long Range Acoustic Device (LRAD) with grant funding. 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. LRADs come in a variety of sizes and configurations based on the device's intended use.
The acquisition and deployment of an LRAD will increase FPD’s capabilities during many circumstances, including:
• 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.
As such, there is no reasonable alternative to providing the same level of communications to the required audience during these events.
Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 8
Request for authorization to purchase Combined Tactical Systems (CTS) Baffled Gas Canisters
FPD is seeking City Council approval to purchase thirty Combined Tactical Systems (CTS) Baffled Gas Canisters. These 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 Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The CTS Baffled Canister enables 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. 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. This increases the safety of personnel deploying it and further reduces the risk of fire. This 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. As another less lethal tool, this equipment is necessary, and no reasonable alternative has been identified based on ongoing assessment and experience.
Fiscal Impact:
Annual Military Equipment Discussion:
In compliance with Municipal Code Chapter 8.80, FPD’s annual military equipment report details the total annual cost for each type of Military Equipment. This includes costs for acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs, as well as the source from which funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Use Report.
During this reporting period, FPD spent approximately $31,053.39 on equipment and training specified in AB 481. The total expenditure represents 0.024% of FPD’s operational budget ($127,735,036.61 for FY2025/26).
Council Staff Report (ID # 5701) Meeting of May 5, 2026 Updated: 5/1/2026 11:27 AM by Dina Lewis Page 9
Requested LRAD purchase:
One Long Range Acoustic Device (LRAD), total of $29,841.00 Funding source: Fiscal Year 2026/27 Bay Area Urban Areas Security Initiative (UASI) Grant
Requested CTS Baffled Gas Canisters purchase:
Thirty CTS Baffled Gas Canisters, total of $1,514.00
Funding source: Fiscal Year 2026/27 Proposed General Fund Operating Budget
Grand Total for the above-listed, requested equipment: $31,355.00 Environmental Review: Receiving and approving the Annual Military Equipment Use Report and Exhibit 1 of FPD’s Military Equipment Use Policy and the purchase of an LRAD and 30 CTS Baffled gas canisters are administrative government activities that are exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• 2026.04.01 - Draft Resolution Military Equipment Use Policy Amendment • Exhibit 1 for Military Equipment Policy-2026
• April 2025 - March 2026 Annual Military Equipment Use Report • Military_Equipment_Policy 708
Recommendation: Adopt a resolution approving the Military Equipment Use Policy, the Department’s April 2025 to March 2026 Annual Military Equipment Use Report, and the purchase of an LRAD and thirty CTS Baffled Gas Canisters.