RECOMMENDATION
Introduce an Ordinance of the City of Mountain View Renewing Approval of Mountain View Police Department Military Equipment Use Policy, Adopting Updated Military Equipment Use Policy, and Finding That This Action is Not Subject to the California Environmental Quality Act, to be read in title only, further reading waived, and set a second reading for June 9, 2026 (Attachment 1 to the Council report).
BACKGROUND
On September 30, 2021, Governor Newsom signed a series of police reform bills, including Assembly Bill 481 (AB 481), which stated that the public has a right to know about and participate in the decision-making processes related to the funding, acquisition, or use of military equipment by state or local government officials in an effort to increase transparency, accountability, and oversight. AB 481, codified in Government Code Sections 7070-7075, requires local agencies to develop a policy and prepare an annual report in accordance with the requirements below. In so doing, the legislation encouraged agencies to give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.
The Mountain View City Council adopted Ordinance No. 7.22 on May 10, 2022, which approved Mountain View Police Department Policy 709: Military Equipment (“Policy”), in accordance with AB 481, and Council renewed the ordinance on May 9, 2023 (Resolution No. 18799). Council adopted Ordinance No. 3.2025 on May 27, 2025, which adopted an amended Policy.
In addition to the above requirements, AB 481 also requires, at least annually, that the law enforcement agency:
• Prepare an annual military equipment report (“Annual Report”) with at least one “well- publicized and conveniently located community -engagement meeting” to allow for public discussion of the report; and
DATE: May 26, 2026
CATEGORY: New Business
DEPT.: Police
TITLE: AB 481 Military Equipment Annual
Report and Policy Adoption
AB 481 Military Equipment Annual Report and Policy Adoption May 26, 2026
• Present the Ordinance for review at a Regular Meeting of the governing body. During this review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval. Furthermore, inventory changes to reflect planned or anticipated acquisition or funding of military equipment are considered amendments to the Policy and must be adopted by ordinance.
Required Annual Report Contents
Government Code Section 7072(a) requires that the annual report 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.
The 2025 AB 481 Military Equipment Annual Report (“2025 Annual Report”) (Attachment 2) provides the aforementioned information, and this memorandum summarizes its salient points.
DISCUSSION
AB 481 Definition of Military Equipment
AB 481 defines “military equipment” as listed below and differentiates the equipment by category.
AB 481 does not prohibit law enforcement from obtaining and using military equipment as defined; rather, it creates a public process for obtaining approval for these types of equipment and their authorized uses. The Mountain View Police Department (MVPD) possesses in nine of the 15 categories listed, as noted with an asterisk (*). The 2025 Annual Report includes full descriptions of the equipment in each category.
AB 481 Military Equipment Annual Report and Policy Adoption May 26, 2026
*Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles.
Category 2: Mine-resistant, ambush -protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
*Category 3: High-mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as “Humvees,” two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
*Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Category 6: Weaponized aircraft, vessels, or vehicles of any kind.
*Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
*Category 8: Firearms of .50-caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.
*Category 9: Ammunition of .50-caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision.
*Category 10: Specialized firearms and ammunition of less than .50 -caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard- issue service weapons and ammunition of less than .50-caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.
*Category 12: “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
Category 13: Taser Shockwave, microwave weapons, water cannons, and the Long -Range Acoustic Device (LRAD).
AB 481 Military Equipment Annual Report and Policy Adoption May 26, 2026
*Category 14: The following projectile launch platforms and their associated munitions: 40- millimeter projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight.
Current MVPD Equipment Meeting Military Equipment Definition
The MVPD continues to carefully assess what equipment is needed to protect the public and officers when resolving critical incidents, such as active shooter response, apprehending violent offenders, hostage rescue, and barricaded subjects, among others. Certain equipment is also beneficial for providing information and creating cover, distance, and time that help improve decision -making during critical incidents. This allows responding officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved.
For the most part, the equipment listed in the report is highly specialized and not carried day to day.
Items may be used a few times a year, and their deployment requires departmental notifications. In 2025, the equipment was minimally used, primarily for training and certification. While in certain appropriate circumstances, equipment may be taken into the field, it does not mean that any equipment was used or fired. More information about the frequency and manner of use for various types of equipment is provided in Attachment 2.
Many of the items designated by AB 481 as military equipment have been in MVPD’s equipment inventory for decades. The MVPD’s operating procedures and training program instruct staff in the proper use of this equipment.
The MVPD does not possess any equipment related to the 1033 Department of Defense program. In Fiscal Year 2024-2025, the department returned all AR-15 rifles acquired as part of the program.
Current Policies and Procedures for Equipment Purchase and Use
The MVPD adheres to the City’s budget process and purchasing policies and procedures when procuring its equipment. The acquisition of new or replacement equipment or items meeting the reporting requirements of AB 481 is funded from MVPD’s budget in accordance with MVPD Policy No. 709: Military Equipment and the approval of the City Council.
As noted, and anticipated in the 202 5 AB 481 Annual Report, MVPD purchased an Armored Rescue Vehicle for approximately $3 82,200, which will be delivered in May 2026. Additionally, 200 rounds of .308 caliber ammunition for approximately $643 and 200 rounds of 40mm Sponge Rounds were AB 481 Military Equipment Annual Report and Policy Adoption May 26, 2026
purchased for approximately $2,000. Additional purchases may occur to replace materials used up during the year for training or operational purposes, potentially including ammunition, specialty munitions, noise flash diversionary devices, and breaching equipment.
MVPD Policy No. 300, Use of Force Policy, and Policy No. 308, Control Devices and Techniques, govern the use of equipment. In addition, the State of California Commission on Peace Officer Standards and Training (POST) establishes operational guidelines and training recommendations for certain equipment and tactics, and MVPD’s designated subject matter experts manage compliance with these guidelines.
All MVPD policies and procedures governing safe handling, storage, and qualification of specified equipment remain in effect. This includes, but is not limited to, California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials; and ATF oversight of Noise -Flash Diversionary Devices.
In 2025, the City received no complaints or concerns regarding the use of equipment specified in AB 481.
Proposed Purchases/Changes in Inventory
The Annual Report is required to include new equipment that the City intends to purchase in the next fiscal year that falls within the definition of “military equipment” under AB 481.
In 2026, MVPD plans on purchasing the following:
• MVPD continues to research and evaluate emerging Unmanned Aerial System technologies. MVPD will also research potential funding streams for the possible procurement of updated platforms.
• Approximately 1,000 rounds of .308-caliber ammunition at a cost of $2,000.
• Two hundred (200) 40-millimeter sponge rounds to replace those used in training, operationally, or expiring at a cost of approximately $6,000.
• Chemical munitions to replace munitions used in training, operationally, or expiring, at a cost of approximately $3,000.
• Primacord, Nonel MS (blasting cap), and explosive breaching initiators to replace materials used in training in 2025 at a cost of $1,000.
AB 481 Military Equipment Annual Report and Policy Adoption May 26, 2026
Community Engagement Meeting
The 2025 AB 481 Annual Report was presented at a community meeting on May 6, 2026, at the City Hall Plaza Conference Room to meet the requirement for a public discussion on the MVPD use, funding, and acquisition of military equipment. This community engagement meeting, held in a well- publicized and accessible location, took place within 30 days of the report’s submission to the City Council and publication on the City’s website, as required under AB 481. The Annual Report was submitted and published on April 26, 2026, on the MVPD AB 481 webpage.
The meeting was publicized through MVPD’s social media channels and shared directly with various community groups and stakeholders. These included the leadership and members of the Mountain View Coalition for Police Reform and Accountability (MVCPRA), Cafecito Con Aroma a Justicia (Cafecito), the Faith Leaders Advisory Council, the Latino Community Advisory Committee, Community Service s Agency (CSA), and the Day Worker Center. Spanish services were offered; however, translation services were not requested.
A total of two people attended the public meeting ( both in person). The attendees expressed appreciation for the transparency and notification process and asked the following questions:
• What does a sponge round look like? What material is it made of, and what is its approximate size? What would a person likely experience if struck by a sponge round?
• Who determines which resources or equipment are appropriate to use during a call for service?
• How would you respond to a call involving an armed subject experiencing a mental health crisis?
• What officer wellness resources are available to police officers?
• Why is this equipment referred to as “military equipment”?
FISCAL IMPACT
The MVPD anticipates purchasing ammunition, less -lethal projectiles, explosive breaching equipment, noise flash diversionary devices, and chemical munitions at the estimated total cost of $12,000 to replace those anticipated to be used or to expire in the next fiscal year. The funding source for these items is the General Operating Fund.
AB 481 Military Equipment Annual Report and Policy Adoption May 26, 2026
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $500 from a party, participant, or agent of a party or participant within the last 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and- prohibitions.html
Please see below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
EXEMPT FROM THE LEVINE ACT
☒ General policy and legislative actions
ALTERNATIVES
1. Do not renew approval of MVPD Policy No. 709: Military Equipment, and do not adopt an updated MVPD Policy No. 709: Military Equipment.
2. Provide other direction.
PUBLIC NOTICING—Agenda posting.
Prepared by:
David Wilgus
Senior Assistant City Attorney
Laurina Holt
Police Lieutenant
Approved by:
Michael Canfield Police Chief
Jennifer Logue City Attorney
Kimbra McCarthy City Manager
Attachments: 1. Ordinance and Exhibit A (MVPD Policy 709: Military Equipment)
2. Military Equipment Annual Report