Agenda Item #15.1
For Council Meeting of: June 4, 2024
CITY OF SANTA ROSA
CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: JOHN CREGAN, POLICE CHIEF
SUBJECT: POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT AGENDA ACTION: RESOLUTION
RECOMMENDATION
It is recommended by the Police Department that the Council, by resolution: 1) approve the Santa Rosa Police Department Annual Military Equipment Report which complies with the requirements of AB 481; 2) review Ordinance No. ORD-2022-007; and 3) renew Ordinance No. ORD-2022-007, codified as Chapter 2-38 of the Santa Rosa City Code per California Assembly Bill No. 481.
EXECUTIVE SUMMARY
The Santa Rosa Police Department will provide a presentation to summarize the contents of their annual military equipment report as required per Assembly Bill No. 481. Upon approval of a resolution by Council, the Santa Rosa Police Department will be allowed to continue to use the military equipment they possess and make any future purchases they have identified.
BACKGROUND
The passage of Assembly Bill 481 added several new statutes to the Government Code (GC § 7070-7075). These statutes require any state or local law enforcement agency that uses or wants to acquire “military equipment” as defined in the statute to create a written policy detailing the acquisition and use of the equipment which is adopted by ordinance.
Enumerated through the above Government Codes, AB 481 created 15 categories of items deemed military equipment. The Santa Rosa Police Department possesses the following categories of equipment that are deemed military equipment:
Category 1- Unmanned Aerial and Ground Systems
Category 2- Armored Rescue Vehicle
Category 5- Mobile Command Vehicle and Hostage Negotiations/Command and Control Vehicle (Ordered) Category 7- Breaching Shotgun and Kinetic Breaching Tool Category 10- SWAT Sniper and Entry Rifles/Ammunition, Shotgun Launching Cup, HK MP 5 Category 12- Flashbangs, Indoor and Outdoor Chemical Agents (CS and OC), Category 13- Long Range Acoustic Device (LRAD)
Category 14- 40mm Projectile Launchers, 40mm Less Lethal Sponge Rounds None of the items the Santa Rosa Police Department possesses have been obtained from the military.
Additionally, AB 481 details the requirement that the Santa Rosa Police Department shall create an annual military equipment report. The report shall include the following:
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.
The quantity possessed for each type of military equipment.
Any additional military equipment including the quantity we intend to purchase the following year.
This report will be brought to the City Council for annual review along with the policy and ordinance. It requires that the Council determine if the report has complied with the standards of approval set forth in Government Code Section 7071(d). Those standards include the following:
The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the applicable military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
If the Council finds that a specific type of military equipment identified in the annual report has not met the initial standards of approval, they may disapprove a renewal of the authorization of that type of military equipment or require modifications be made to the military equipment use policy in a manner that will resolve the lack of compliance. This report and annual review by City Council will occur every subsequent year once the ordinance is adopted.
On May 5, 2024, in accordance with Government Code Section 7072 (a), the military equipment report was published on the Santa Rosa Police Department website.
On May 16, 2024, in accordance with Government Code Section 7072 (b), a community meeting was held related to the report and military equipment possessed by the police department.
PRIOR CITY COUNCIL REVIEW
On July 26, 2022, The Santa Rosa City Council held a public hearing pertaining to Assembly Bill No. 481 and the adoption of a military equipment ordinance.
On August,9, 2022, The Santa Rosa City Council approved the Santa Rosa Police Department Military Equipment Policy and adopted ordinance ORD-2022-007, codified as Chapter 2-38 of the Santa Rosa City Code. Military Equipment Use Ordinance.
On October 25, 2022, The Santa Rosa City Council approved the purchase of an Armored Rescue Vehicle and amendment of the Santa Rosa Police Department Military Equipment Use Policy which allowed for the purchase of the Armored Rescue Vehicle and language clarification related to mutual aid coordination with other jurisdictions.
On July 10, 2023, The Santa Rosa City Council approved the Santa Rosa Police Department Military Equipment Policy and adopted ordinance ORD-2022-007, codified as Chapter 2-38 of the Santa Rosa City Code. Military Equipment Use Ordinance.
ANALYSIS
Below is a breakdown of the number of times a category of equipment was used outside of training and the total cost from June 1, 2023 - December 31, 2023. A more comprehensive breakdown is available in the annual military equipment report that is attached.
CATEGORY
FIELD DEPLOYMENTS
ANNUAL COST
(6 Months)
Category 1- Unmanned Aerial and Ground Systems
92 $89,665.53
Category 2- Armored Rescue Vehicle
9 $238.00
Category 5- Mobile Command Vehicle
2 $5,546
Category 7- Breaching Shotgun/KBT
0 $13,846.25
Category 10- SWAT Sniper and Entry Rifles/Ammunition, Shotgun Launching Cup, HK MP 5 0 $4,725.25
Category 12- Flashbangs, Indoor and Outdoor Chemical Agents (CS and OC), 0 – Field Deployments
31 – Training Deployments
$0
Category 13- Long Range Acoustic Device (LRAD)
7 $0
Category 14- 40mm Projectile Launchers, 40mm Less Lethal Sponge Rounds 0 – Field Deployments
18 – Training
Deployments
$0
During the next year, the Santa Rosa Police Department is hoping to purchase the following items that fall under a military equipment category dependent on budgetary considerations and operational priorities:
Category 1- Unmanned Aerial and Ground Systems
Drone-Autel EVO II - 2 Drones
Drone-DJI Avata 2 or Similar Drone - 4 Drones
Robot- Skyhero Sigyn MK1 - 1 Robot
Category 10- SWAT Sniper and Entry Rifles/Ammunition, Shotgun Launching Cup, HK MP 5 .308 Hornady 168 Grain- 2000 Rounds
5.56mm Hornady SBR Tap- 2000 Rounds
5.56mm FN15 14.5” Rifle- 5 Rifles
5.56mm Rifle Suppressors Manufacture TBD
Category 14- 40mm Projectile Launchers, 40mm Less Lethal Sponge Rounds Deftech Model 6325 sponge rounds-350 Rounds
The police department has received no complaints related to military equipment during this reporting period.
The purchase of the above items as well as their quantity is dependent on funding as well as recognizing the changing organizational needs and priorities. The Santa Rosa Police Department continually evaluates the effectiveness of all our equipment to achieve community and officer safety. Any questions related to military equipment may be sent to [email protected]
FISCAL IMPACT
Approval of this action does not have a fiscal impact on the General Fund.
ENVIRONMENTAL IMPACT
This action is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) and 15378 in that there is no possibility that the implementation of this action may have significant effects on the environment, and no further environmental review is required.
BOARD/COMMISSION/COMMITTEE REVIEW AND RECOMMENDATIONS
Not Applicable
NOTIFICATION
Not Applicable
ATTACHMENTS
Attachment 1- Santa Rosa City Ordinance ORD-2022-007 Military Equipment Use Ordinance Attachment 2- Santa Rosa Police Department Military Equipment Policy Resolution
Exhibit A – SRPD Military Equipment Procedure
PRESENTERS
John Cregan- Santa Rosa Police Department-Chief
Tommy Isachsen- Santa Rosa Police Department-Lieutenant
ANNUAL MILITARY EQUIPMENT REPORT
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