TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
Jeremy Bestpitch, Administrative Sergeant
DATE: March 27, 2026
SUBJECT: REVIEW OF SAN MARINO POLICE DEPARTMENT
MILITARY EQUIPMENT ANNUAL REPORT AND RENEWAL
OF ORDINANCE NO. O-22-1390 AND APPROVAL OF
RESOLUTION NO. R-26-02
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Engaged and Connected Residents
Efficient, Responsive, and Effective City Services
Safe Community
Fiscally Responsible and Transparent City Government
BACKGROUND
The California Legislature passed Assembly Bill (AB 481) in 2021, which requires law enforcement agencies, after January 1, 2022, to obtain approval from the applicable governing body to adopt a military equipment use policy to require approval for obtaining and continuing use of military equipment within its jurisdiction.
AB481, provides the public a right to know about any funding, acquisition, or use of military-style equipment by a law enforcement organization through the adoption of a policy, by resolution of the governing body.
In May of 2023, the San Marino City Council approved Ordinance No. O-22- 1390, a copy of which is attached hereto, enacting a military equipment use policy that addressed the legislature’s concern for local safeguards, including Tony Chou, Mayor
Calvin Lo, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Grethen Shepherd Romey, Council Member
transparency, oversight, and accountability.
In order to continue the use of the previously acquired military equipment, Government Code §§ 7070, 7071 and 7072 requires each law enforcement agency's governing body to approve an annual report and review and, if acceptable, renew any ordinance it has adopted approving the funding, acquisition, or use of military equipment. The ordinance was reviewed and renewed on November 13, 2024, by the San Marino City Council in compliance with state law.
DISCUSSION
The San Marino Police Department Military Equipment Annual Report is attached to this report and includes the following:
(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 police department has established a concern or complaint process on our website for members of the public may register complaints, and concerns or submit questions about the use of each specific type of military equipment.
The current Military Equipment Inventory has had one change since the last Military Equipment Report (2024). The change was the addition of a 2024 Chevrolet Tahoe to replace the Watch Commander’s vehicle. While this vehicle may not be typically viewed as military equipment, the Watch Commander’s vehicle is equipped for daily patrol use as well as equipment to use the vehicle as a command post as the need arises, thus triggering the requirements to be listed as military equipment per State laws. The Department’s equipment inventory has been updated to reflect this addition, and Policy 705 has been updated to reference the updated inventory.
This item was reviewed by the Public Safety Commission at their January 26, 2026 meeting. It is recommended that the City Council renew Ordinance No.
O-22-1390 as part of its review of this agenda item.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Pursuant to California Public Resources Code § 21065 and the California Environmental Quality Act (“CEQA”) Guidelines § 15378, there is no possibility that this ordinance will have a significant impact on the physical environment and is not a project as defined under CEQA.
FISCAL IMPACT & PROCUREMENT REVIEW
There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Policy Department’s inventory or continuing to collaborate with other law enforcement agencies, including under mutual aid agreements. Maintenance costs of existing equipment are set forth in the attached Policy and are within the Department’s budget.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council to adopt Resolution No. R-26-02, renewing both San Marino Ordinance No. O-22-1390 and San Marino Police Department Policy 705, and finding that the San Marino Police Department Military Equipment Annual Report complies with the standards of approval set forth in Government Code §§ 7070, 7071 and 7072. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-26-02, renewing both San Marino Ordinance No. O-22-1390 and San Marino Police Department Policy 705.”
ATTACHMENTS
1.San Marino Police Department Military Equipment Annual Report 2025
2.San Marino Police Department Policy 705
3.Military Equipment Inventory 2025
4.San Marino Ordinance No. O-22-1390
5.Resolution No. R-26-02 Annual Military Equipment