CITY COUNCIL STAFF REPORT
Meeting Date: April 7, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: REINTRODUCE ORDINANCE NO. 954 REGARDING THE
SPECIAL OR MILITARY EQUIPMENT USE POLICY PURSUANT
TO AB 481 AND ACCEPTING THE ANNUAL REPORT FOR ALL
SPECIALIZED OR MILITARY EQUIPMENT AVAILABLE FOR
USE BY THE PLEASANT HILL POLICE DEPARTMENT.
SYNOPSIS
The Military Equipment Use ordinance and policy approved by City Council in March 2022 established guidelines for the acquisition, funding, use, and reporting of special or “military equipment,” as the term is defined in Government Code section 7070, within the City of Pleasant Hill. The ordinance and policy fulfilled the obligations set forth in AB 481. These obligations include, but are not limited to, seeking annual approval on specific items deemed to be military equipment and requirements related to compliance, cataloging, and accepting complaints regarding these items.
DISCUSSION
Background
In September 2021, the California State Legislature passed AB 481 titled, “Law enforcement and state agencies: military equipment: funding, acquisition, and use.” Governor Newsom signed it into law on September 30, 2021, to amend California Government Code sections 7070 – 7075, effective January 1, 2022. As amended, California Government Code section 7071(b) now requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. Once this policy is approved, annual approval of all specialized or military equipment available for use is required.
California Government Code section 7070(d) describes a military equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
Analysis
In March 2022, the City Council approved Ordinance No. 954 and adopted the City’s Specialized or Military Equipment Use Policy (Exhibit A) allowing the department to continue to use the vital equipment specified therein. Many of the items deemed to be military equipment by AB 481 are standard law enforcement equipment utilized throughout the state and the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety. Loss of these items would jeopardize the safety and welfare of citizens and police officers within the City of Pleasant Hill.
The term “military equipment,” as defined in AB 481, does not necessarily indicate equipment that has been used by or obtained from the United States military. In fact, PHPD does not own any equipment obtained from the military. An exhaustive list of military equipment, as defined in California Government Code § 7070(c), can be found in Exhibit C. Furthermore, the Police Department has no intention of acquiring any new specialized or military equipment this year.
These specialized or military items provide police officers with a greater ability to safely resolve volatile situations that might otherwise rise to the level of a lethal force encounter. To this end, the items in the accompanying Specialized or Military Equipment Use Policy provide the City’s police officers vital tools that facilitate compliance within the confines of the department’s existing stringent use of force policy.
Assembly Bill 481 requires agencies to submit an annual military equipment report to their governing body for as long as the equipment is available for use and whenever new equipment is purchased. The Pleasant Hill City Council may use the annual military equipment report as a mechanism to ensure the department’s compliance with the proposed Military Equipment Use Policy. In addition, the bill requires agencies must hold at least one community engagement meeting within 30 days of submitting and publicly releasing an annual report. To encourage as much transparency as possible, the department intends on accomplishing this requirement via an annual Special and Military Equipment Use staff report. Further, the bill requires posting the military equipment inventory and policy to the department’s website, which staff will include on the department’s Transparency Portal. Lastly, agencies are required to establish procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment. Again, the department will post the following information on the Police Department’s Transparency Portal. • Via email to: [email protected]
• Via phone call to: (925) 288-4600
• Via mail sent to: Pleasant Hill Police Department
Attn: Military Equipment Use Coordinator
330 Civic Drive
Pleasant Hill, CA 94523
FISCAL IMPACT
There are no financial considerations for the Pleasant Hill Police Department’s existing special or military equipment and munitions.
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council renew the AB 481 Ordinance No. 954 and approve the 2024 Annual Report on Specialized or Military Equipment for the Pleasant Hill Police Department.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may decide not to approve all or part of the special or military equipment list, prohibiting use of some or all items. However, staff is not aware of alternative equipment that will achieve the same objectives of safeguarding community and officer safety. There are no reasonable alternatives that will allow the department to continue to utilize legally the numerated military equipment without Council approval.
ATTACHMENT(S)
A) AB 481 Ordinance No. 954
B) 2024 Annual Report on Specialized or Military Equipment C) PHPD Specialized and Military Equipment Inventory List D) California Government Code section 7070(c) Military Equipment List Prepared by: Brian Leonard, Police Lieutenant
Reviewed by: Scott Vermillion, Chief of Police
Approved by: Ethan Bindernagel, City Manager