Agenda packet — City Council and Concurrent Authorities, May 21, 2024 (part 6 of 6)

This Bring-Down Certificate (the “Bring-Down Certificate”) is delivered by [Eight Mile Road Investors, LLC and Holman Investors, LLC] [KB HOME North Bay LLC] [LGI Homes—California, LLC] (the “Property Owner”) pursuant to Section 3.E.23 of the Bond Purchase Agreement.

Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Certificate of __________ dated [PLOM Date] (the “Certificate”) in connection with the distribution of the Preliminary Limited Offering Memorandum relating to the Bonds.

The undersigned certifies that they are familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of the Property Owner and the undersigned. The Property Owner further certifies as follows:
(1) The undersigned has received the final Limited Offering Memorandum relating to the Bonds dated [BPA Date] (the “Final Limited Offering Memorandum”). Each statement made in the Certificate is affirmed and restated as if made on the date hereof; except that all references therein to the Preliminary Limited Offering Memorandum shall be deemed to be references to the Final Limited Offering Memorandum.
(2) To the Actual Knowledge of the Undersigned, no event has occurred since the date of the Preliminary Limited Offering Memorandum that has, in any material way, adversely affected the EXHIBIT 3 1099
H-2
statements and information described in Paragraph 9 of the Certificate (and subject to the limitations and exclusions contained in Paragraph 9 of the Certificate) relating to the Property Owner and its Relevant Entities, the Property, the Property Owner’s development and financing plans, and the Property Owner’s contractual arrangements (but excluding any information cited as coming from a source other than the Property Owner), which should be disclosed in the Final Limited Offering Memorandum for the purposes for which it is to be used in order to make such statements and information contained in the Final Limited Offering Memorandum not misleading in any material respect. (3) For a period of 25 days after the Closing Date, if the Undersigned has actual knowledge of any event relating to or affecting the Property Owner, its Relevant Entities, or the ownership development or sale of the Property which could cause the information under the captions of the Final Limited Offering Memorandum indicated in Paragraph 9 of the Certificate (and subject to the limitations and exclusions contained in Paragraph 9 of the Certificate) to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Property Owner shall notify the City and the Underwriter and if, in the opinion of counsel to the City or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Final Limited Offering Memorandum, the Property Owner shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Final Limited Offering Memorandum in form and substance satisfactory to counsel to the City and to the Underwriter.
(4) The Property Owner has duly executed and delivered the Property Owner Continuing Disclosure Certificate, and the Property Owner Continuing Disclosure Certificate constitutes the legal, valid and binding obligation of the Property Owner, enforceable against the Property Owner in accordance with its terms, except as such enforcement is limited by bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance, and other similar laws relating to or affecting the rights of creditors and certain equitable, legal, or statutory principles affecting the enforcement of contractual rights generally, regardless of whether such enforcement is considered in a proceeding in equity or at law.

The undersigned has executed this Bring-Down Certificate solely in his or her capacity as an authorized officer or representative of the Developer and he or she will have no personal liability, individually or collectively, arising from or relating to this Bring-Down Certificate. Any liability arising from or relating to this Bring-Down Certificate may only be asserted against the Developer.

This Bring-Down Certificate has been executed as of the date first written above.

[EIGHT MILE ROAD INVESTORS, LLC AND
HOLMAN INVESTORS, LLC] [KB HOME North Bay LLC]
[LGI HOMES – CALIFORNIA, LLC]
By:___________________________________________
Authorized Officer

EXHIBIT 3 1100
I-1

APPENDIX I

CITY OF STOCKTON
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(CANNERY PARK II)
SPECIAL TAX BONDS, SERIES 2024
FORM OF PROPERTY OWNER’S COUNSEL OPINION
One or more letters of counsel to Eight Mile Road Investors, LLC and Holman Investors, LLC (together, the "Property Owner"), which may be in-house counsel or an outside law firm engaged by the Property Owner in connection with the issuance of the Bonds, or both, collectively to the effect that:

No information came to the attention of the lawyers in such counsel’s firm or office rendering legal services in connection with its representation of the Property Owner that caused such counsel to believe that, as of the date of the Limited Offering Memorandum and as of the date of such letter, the information in the sections of the Preliminary Limited Offering Memorandum entitled “OWNERSHIP OF PROPERTY WITHIN THE DISTRICT,” and “SPECIAL RISK FACTORS” concerning the Property Owner and its Relevant Entities, the Property, the Property Owner ’s development and financing plans, and the Property Owner’s contractual arrangements (but excluding any information cited as coming from a source other than the Property Owner ) (except that no belief is expressed as to (a) any financial statements and other financial, statistical, economic, or engineering data or forecasts, estimates, projections, assumptions, or expressions of opinion, or (b) any information about valuation, appraisals, market absorption, archaeological, or environmental matters), contained or contain any untrue statement of a material fact or omitted or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

EXHIBIT 3 1101
K-1

APPENDIX J
$_________

CITY OF STOCKTON
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(CANNERY PARK II)
SPECIAL TAX BONDS, SERIES 2024

FORM OF ISSUE PRICE CERTIFICATE
The undersigned, on behalf of Oppenheimer & Co. Inc. (“Oppenheimer”) hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (together the “Bonds”).

1. Sale of the Bonds.
(a) Oppenheimer offered each Maturity of the Bonds to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B.
(b) As set forth in the Bond Purchase Agreement, dated [BPA Date], between the Issuer and Oppenheimer, Oppenheimer agreed in writing that, (i) for each Maturity of the Bonds, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-theoffering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period.

2. Defined Terms.
(a) Holding Period means, for each Maturity of the Bonds, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which Oppenheimer has sold at least 10% of such Maturity of the Bonds to the Public at prices that are no higher than the Initial Offering Price for such Maturity. (b) Issuer means the City of Stockton.
(c) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities.
(d) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter.

EXHIBIT 3 1102
K-2
The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (e) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is [BPA Date]. (f) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).

The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Oppenheimer’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Jones Hall, A Professional Law Corporation, in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.

OPPENHEIMER & CO. INC.

By:_______________________________________
Name:_____________________________________
Dated: [Closing Date]
EXHIBIT 3 1103

SCHEDULE

SCHEDULE A

SALE PRICES
(Attached)

EXHIBIT 3 1104

SCHEDULE

SCHEDULE B

PRICING WIRE OR EQUIVALENT COMMUNICATION
(Attached)
EXHIBIT 3 1105
City of Stockton
Community Facilities District 2019-1
(Cannery Park II)
Special Tax Bonds, Series 2024
City Council Meeting
May 21, 2024
Agenda Item 15.4
1106
History of the District
 District: North Stockton, South of Eight Mile Road and West of Highway 99  District Master Plan: Originally formed in 2005 with 450 Acre Cannery Park  District Split / Formation: 2019 (278+/- Remaining Acres)  Current Status: CFD 2019-1 originally planned for 515 residential units and four parcels for non-residential use
 Issued first series of bonds in 2022 in the amount of $9,915,000 but limited the size of the issuance due to COVID-19 and housing market concerns  Current sale planned as a limited public offering since small amount of bonds to be issued and limited amortization. Will be marketed to a limited number of institutional investors.
 Holman Investors, LLC (“Developer”) recently completed rezoning efforts converting three of the four non-residential properties to residential adding an additional 331 single-family and an additional 250-300 multi-family units. The developer retained

19.7 acres of non-residential for future business park / commercial uses.  Future bond issues are planned
 Current Development Status:
2 Completed Homes (Individuals): 213
Remaining Lots (LGI Homes): 196
Remaining Lots (KB Homes): 106
Total Homes : 515
1107
Boundaries of CFD 2019-1
3 1108
Tax Assessment & Debt Issuance:

CFD 2019-1
 Special Tax A (Capital Infrastructure): The new development will be assessed the Special Tax A to finance the public infrastructure. A portion of Special Tax A converts to a maintenance tax upon final maturity of any bonds. The maintenance tax will then escalate at up to 4.00% per year and remain in perpetuity.
 $1,600 per unit, Single-family residential
 $7,500 per acre multi-family,
 $4,500 per acre commercial
 $4,145 per acre light industrial
 Special Tax B (Services): $520 per year for single-family homes and $343.20 per unit for multi-family units beginning in FY 2019/20. Special Tax B Escalates at up to 4.00% per year and will remain in perpetuity.  Debt Issuance: The current debt capacity is set at “not-to-exceed” $25 million with the term of the indebtedness through July 1, 2059 4 1109
Financing Estimates (VTL 10.4:1)
5 “Not-To-Exceed” Parameters: _
Maximum Issue Size: $2,000,000
Maximum True Interest Cost: 6.25%
Item Estimate
Estimated Par Amount of Bonds $1,590,000 (1)
Estimated Proceeds Available for Construction $1,308,949 (1) Estimated Total Debt Service $3,893,954 (1)
Reserve Fund Deposit (Maximum Annual Debt Service) $89,613 (1)(2) Estimated Average Annual Debt Service $805,239 (3)
Total Estimated Costs to Issue the Bonds $150,000
“All-In” True Interest Cost(4) 6.08%
(1) Assumes market interest rates as of March 12, 2022
(2) Deposited into the reserve fund on parity with the reserve fund for Series 2022 Bonds
(3) Solved around the 2022 Bonds for combined level debt service on both series
(4) Includes all the estimated costs to issue the bonds 1110
6 Proposed Financing Timeline
Timeline Item
Tuesday May 21st City Council Consideration
Week of May 27 Due Diligence Call th
Print and Post Preliminary Official
Statement
Week of June 17th
June 25th and June 26th Pre-Pricing and Pricing
• Print and Post Final Official
Statement • Finalize all Documents
Weeks of July 1st July 8th
July 17th Close the Transaction
6 1111
Documents for Consideration
 Supplemental Agreement No. 1 to Fiscal Agent Agreement: This agreement governs the terms and conditions of the bonds and the role and responsibilities of the Fiscal Agent
 Limited Offering Memorandum (Including Continuing Disclosure Agreement): Will be distributed as the primary marketing document to prospective bond purchasers. The agenda packet includes the Limited Offering Memorandum deemed to be essentially final. A final version of this document, called the Final Offering Memorandum, is estimated to be made available shortly after the bonds are sold and will reflect all the final bond sale information.
 Bond Purchase Agreement: Is a contract between the City and the Underwriter that provides the terms and conditions under which the underwriter will purchase the Series 2024 Bonds
7 1112
Staff Recommendation
Approve resolution authorizing a second issuance of Special Tax Bonds to be issued for and on behalf of the City of Stockton Community Facilities District No. 2019-1 (Cannery Park II), approving and directing the execution of a supplement to fiscal agent agreement, approving the form of limited offering memorandum, approving sale of such bonds, and approving other related documents and actions
8 8
1113
City of Stockton
Legislation Text
File #: 24-0389, Version: 1
PUBLIC HEARING TO ADOPT AN UNCODIFIED ORDINANCE RESCINDING ORDINANCE NO. 2022-04-05-1601; SEEKING APPROVAL FOR STOCKTON POLICE DEPARTMENT POLICY 706 TITLED “MILITARY EQUIPMENT;” AND AUTHORIZINGTHE CONTINUED USE, FUNDING, AND ACQUISITION OF MILITARY EQUIPMENT ESTABLISHED IN THE “MILITARY EQUIPMENT” POLICY, AS MANDATED BY CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY EQUIPMENT

RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council, as governing body of the City of Stockton, adopt an ordinance:

1. Rescinding uncodified Ordinance No. 2022-04-05-1601.

2. Approving Stockton Police Department (SPD) Policy 706, titled “Military Equipment.”

3. Authorizing SPD to continue the use of military equipment as defined by Assembly Bill 481 (AB 481).

4. Approving items acquired during 2023 and the 2024 Intended Acquisitions for the 2024/2025 Fiscal Year, as outlined in the 2024 AB 481 Annual Report, issued April 11, 2024.

It is further recommended that the Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this ordinance.

Summary
On September 30, 2021, California's Governor approved AB 481, requiring law enforcement agencies to obtain approval from the applicable governing body, by the adoption of a military equipment use policy, at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined in the Government Code. Military equipment are items that are designated prohibited or controlled by the Federal Defense Logistics Agency.

AB 481 requires approval on an annual basis for the continued use of military equipment and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either approve the continued use of military equipment; disapprove a renewal of the authorization for a type, as defined, of military equipment; or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with standards for approval.

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File #: 24-0389, Version: 1

DISCUSSION
Background
On April 5, 2022, the City Council adopted an ordinance, 2022-04-05-1601, approving SPD’s General Order F-02a, a policy regarding the acquisition and use of military equipment, as required by AB 481.

Military equipment includes but is not limited to, unmanned, remotely piloted vehicles, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units, noise-flash diversionary devices and explosive breaching tools, kinetic energy weapons and munitions, or any equipment that is designated as prohibited or controlled by the federal Defense Logistics Agency and any other equipment as determined by a governing body or a state agency to require additional oversight. The policy established the Department's designee for creating an annual report to the public on the SPD's military equipment inventory.

Present Situation
AB 481 requires annual review of the ordinance where Council must approve, disapprove, or amend the policy, based on an annual military equipment report prepared by the law enforcement agency.

The 2024 Annual Report and SPD policy 706, titled "Military Equipment," are attached hereto. (Attachment A) The 2024 Annual Report was published on the Stockton Police Department webpage on April 11, 2024.

A review of the policy identified that the existing ordinance, 2022-04-05-1601, is based on the outdated General Order F-02a and necessitates an update to align with the new Policy 706, titled "Military Equipment." This transition to the new policy, prompted by the recent conversion to Lexipol format, incorporated procedural adjustments. Based on this, SPD determined that the current ordinance requires an update to approve the current military equipment policy.

The SPD is also planning for new equipment and other acqusitions, as outlined in the 2024 Annual Report. The majority of the purchase costs will be funded through the 1033 program, the City will only be responsible for expenses related to ongoing maintenance and training. New aqcuisitions include, but are not limted to:
· Two DJI M30t UASs and battery charging stations.
· Two DJI Avala UASs
· M-RAP vehicle (Mine-Resistant Ambush Protected) to provide additional safety for officers and the public when responding to critical incidents such as active shooter events, victim rescue and suspect contact.
· Lenco Bearcat Tactical Armored Vehicle. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, overhead lights, and sirens.
· Humvee (HMMWV) for supply delivery/logistics during emergency and extended duration incidents, and for use during community engagement events. · Armored Critical Incident Vehicle, also known as a Rook. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, mechanical platform, and breaching capabilities.

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File #: 24-0389, Version: 1
· Command-and-control vehicle listed in Category 5 and similar to item 2, the MCP2, to improve our ability to effectively respond to multiple negotiations and/or complex investigations simultaneously.
· Command-and-control vehicle listed in Category 5 to replace item 4, the Bomb Squad Truck.

The replacement vehicle will either be a sprinter van or delivery truck outfitted to house the Bomb Squads tools and equipment.
· Ammunition will need replacement/restocking as they are used throughout the year for training, qualifications, and as they are assigned as duty ammunition. · Munitions will need replacement/restocking as they are used throughout the year in training, authorized deployments, and as expired munitions are replaced. · Gas injector system as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle that was requested for acquisition. The gas injector unit is a device that is mounted to the tactical armored vehicle's ram and enables the safe delivery of a CS or OS canister into a structure, vehicle, or other location where an approach on foot or with another delivery system is too dangerous or impractical.
· LRAD (Long Range Acoustic Device) is a specialized loudspeaker used for communicating at a distance, negotiations with barricaded suspects, mass notifications and natural emergencies.
· Ammunition related to Category 14 will require replacement/restocking as they are used throughout the year in training and authorized deployments.

Publication
The Notice for this public hearing was published in The Record on May 3, 2024.

FINANCIAL SUMMARY
There is no immediate financial impact to the City from the proposed action. Costs noted in the SPD’s 2024 AB481 Annual Report are as follows:
· Annual equipment maintenance and Supply costs - $472,448 · Training costs - $439,504
· Equipment needs - $1,032,562
Corresponding budget for the annual maintenance and supply items for the potential acquired equipment are already included in the proposed FY 2024-25 Police Department’s annual budget in the Other Special Revenue Funds. Funding for equipment is not included in the Department’s FY 2024-25 proposed budget. The Department will seek a grant or other funding opportunities to fund these purchases and support costs for the equipment.

Attachment A - Stockton Police Department 2024 AB 481 Annual Report and SPD Policy 706, titled “Military Equipment”
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STOCKTON

POLICE DEPARTMENT
2024 AB 481 ANNUAL REPORT Military Equipment Used by Law Enforcement
ATTACHMENT A 1117
Contents
History ........................................................................................................................................... 3 Introduction .................................................................................................................................. 4 Military Equipment Categories .................................................................................................. 5 Category 1 – Unmanned Aerial or Ground Vehicles .................................................. 6 Category 2 – Armored Personnel Carriers ................................................................... 9 Category 3 – Vehicles That Have a Breaching or Entry Apparatus Attached ...... 11 Category 4 – Tracked Armored Vehicles .................................................................... 13 Category 5 – Command and Control Vehicles .......................................................... 14 Category 6 – Weaponized Aircraft, Vessels, or Vehicles of Any Kind .................. 17 Category 7 – Battering Rams, Slugs, and Breaching Apparatuses Explosive in Nature .............................................................................................................................. 18 Category 8 – Firearms of .50 Caliber or Greater ........................................................ 21 Category 9 – Ammunition of .50 Caliber or Greater ................................................. 22 Category 10 – Specialized Firearms and Ammunition of Less Than .50 Caliber . 23 Category 11 – Firearm Designed to Launch Explosive Projectiles ......................... 26 Category 12 – Flashbangs, Explosive Breaching, Tear Gas, Pepper Balls.............. 27 Category 13 – TASER Shockwave, Microwave Weapons, Water Cannons, and Long-Range Acoustic Devices ...................................................................................... 31 Category 14 – Kinetic Energy Weapons and Munitions .......................................... 32 Category 15 – Any Other Equipment as Determined to Require Additional Oversight ......................................................................................................................... 35 Externally Hosted Training Costs............................................................................................ 36 Conclusion .................................................................................................................................. 37 Policy – Military Equipment .................................................................................................... 38 ATTACHMENT A 1118
History
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of “military equipment”.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction if the equipment meets specified standards. The Military Equipment Use Policy and an Annual Military Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.

The format of this report was crafted in a manner that conforms to the statutorily required annual report pursuant to California Government Code section 7072(a) to include the following information:

1.) A summary of the “military equipment” uses and the purpose;

2.) A summary of any complaints or concerns concerning the “military equipment”;

3.) The results of any internal audits, information on any violations, and actions taken in response;

4.) The total annual cost for each type of equipment;

5.) The quantity possessed of each type of equipment;

6.) The intent to acquire additional equipment and quantity sought.

The Stockton Police Department recognizes the public’s ongoing interest in how military equipment is used to protect our community and is committed to maintaining our community’s trust in providing professional and responsive police services. As such, the Stockton Police Department has authored the following comprehensive Annual Military Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.

ATTACHMENT A 1119
Introduction
The Stockton Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services.

To accomplish our mission effectively and safely, the Stockton Police Department possesses and utilizes certain specialized equipment (“military equipment”) to safeguard the citizens of Stockton and protect our first responders. While our inventory of “military equipment” varies, the mere possession of this equipment does not guarantee its use. The merits and a totality of the circumstances of each unique incident are considered before “military equipment” is utilized in compliance with department policy and law.

The term "military equipment," as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military. Many items defined as "military equipment" by the bill are more often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Stockton Police Department's use of “military equipment” is consistent with overall best practices employed by police departments throughout the country.

Items used by the Stockton Police Department that are considered “military equipment” under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less-lethal shotguns, lesslethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to, and use of, this equipment is vital in ensuring our officers have the appropriate tools necessary to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties. The City of Stockton approved our current Military Equipment Use policy and report in 2023.

This Annual Military Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2023 (January 1, 2023, through December 31, 2023). Unless stated otherwise, planned acquisition, replacement, and maintenance funding are derived from the department’s operating budget.

ATTACHMENT A 1120
Military Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items defined as “military equipment”:

Category 1 Unmanned, remotely piloted, powered aerial or ground vehicles.

Category 2 Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

Category 3
High mobility multipurpose wheeled vehicles (HMMWV), two and onehalf-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Category 4 Tracked armored vehicles that provide ballistic protection to their occupants.

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. Bolt cutters and handheld rams designed to be operated by one person are excluded.

Category 8 Firearms of .50 caliber or greater, excluding standard-issue shotguns.

Category 9 Ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition.

Category 10
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
Category 11 Any firearm or firearm accessory that is designed to launch explosive projectiles.

Category 12 “Flashbang” diversionary devices, explosive breaching tools, “tear gas” and “pepper balls”, excluding handheld pepper spray
Category 13 TASER® Shockwave, microwave weapons, water cannons, and longrange acoustic devices.

Category 14
The following projectile launch platforms and their munitions: 40mm projectile launchers, “bean bag”, rubber bullets and specialty impact munitions weapons.

Category 15 Any other equipment as determined by a governing body or a state agency to require additional oversight.

ATTACHMENT A 1121
Category 1 – Unmanned Aerial or Ground
Vehicles
Assembly Bill 481 Category 1 reporting requirements - Unmanned, remotely piloted, powered aerial or ground vehicles.

Unmanned Aerial Systems (UAS)
Description and Purpose:

Unmanned Aerial Systems (UAS) are battery powered, remote operated, unmanned aerial devices and the equipment used to control it. Remote controls allow operators to control the UAS and view live feed from UAS-mounted cameras. The UASs are used in search and rescue, preoperational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

Inventory:

1. DJI Matrice 300’s
Acquisition Cost: $25,300 each
Quantity: 2

2. DJI Air 2S
Acquisition Cost: $1,400 each
Quantity: 2

3. DJI Mini
Acquisition Cost: $1,600 each
Quantity: 4

4. DJI Mavic 2 Enterprise
Acquisition Cost: $4,500
Quantity: 1

5. DJI Mavic 3
Acquisition Cost: $3,000
Quantity: 1

6. DJI M30t
Acquisition Cost: $13,000 each
Quantity: 2 (acquired in 2023)
ATTACHMENT A 1122
Hazardous Duty Unmanned Ground Vehicles
Description and Purpose:

Hazardous duty unmanned ground vehicles are remotely operated hazardous duty robotic platforms providing Bomb Technicians with the ability to remotely access, investigate, and render safe suspected hazardous devices and items.

The hazardous duty unmanned ground vehicles are multi-mission platforms which also provide Bomb Technicians with the ability to gain access to and observe the interior/exterior of a structure or other location. This capability increases the safety of community members, public safety personnel, and suspects by providing the robot operator with the ability to observe and locate subjects and hazardous items without the risk of an unnecessary face-to-face confrontation or exposure to those hazards.

The remote, two-way, communication capability allows personnel to de-escalate situations by negotiating the surrender of barricaded subjects. The robot can deliver throw phones or other items during negotiations.

These robots may be controlled wirelessly with two-way radio frequency transceivers or a spooled fiber optic line.

Inventory:

7. Remotec Andros F6A
Acquisition Cost: $250,000
Quantity: 1

8. Remotec Andros HD-SEL
Acquisition Cost: $290,000
Quantity: 1
Number of Authorized Usages of Category 1 Equipment in 2023: 642 Authorized Usages Included:
• Deployments during incidents involving barricaded suspects. • Deployments to search for fleeing/concealed suspects. • Deployments in preparation for and during warrant services. • Deployments in support of SWAT operations.
• Deployments for search and rescue operations.
• Deployments to search for missing persons.
• Deployments during illegal sideshow activity.
• Deployments to investigate suspicious devices.

ATTACHMENT A 1123
Fiscal Impact:

In 2023, Category 1 new equipment acquisitions totaled $26,000.

In 2023, Category 1 equipment training departmentwide consisted of 2,188 hours totaling $121,434.

It is estimated that $15,000 is utilized for the maintenance and software licensing of all Category 1 Equipment.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

No discrepancies noted.
2023 Policy Violations:

No violations.

Category 1 Intended Equipment Acquisition in 2024:

The Stockton Police Department anticipates acquiring two DJI M30t UAS and battery charging stations. These UAS weigh approximately 8.3 pounds, features a radiometric thermal camera with an infrared super-resolution mode, a 48-megapixel camera with up to 200x digital zoom, a wide-angle camera, and a laser rangefinder which can give the precise coordinates of objects up to 1,200 meters away. This UAS has a flight time of approximately 40 minutes and can operate in harsh weather conditions. The estimated purchase cost is $14,000 each.

The Stockton Police Department anticipates acquiring two DJI Avala UASs and additional batteries for those systems. This UAS weights approximately 1 pound, features a super wide field of view camera with powerful video stabilization. It has enhanced safety with a built-in propeller guard that makes it capable of flying indoors.

The estimated purchase cost is $1,300 each.

ATTACHMENT A 1124
Category 2 – Armored Personnel Carriers
Assembly Bill 481 Category 2 reporting requirements - Mine-resistant ambush-protected vehicles or armored personnel carriers.

Armored Personnel Carrier

1. SWAT Armored Personnel Carrier
Description and Purpose:

The SWAT Armored Personnel Carrier is an older model Ford chassis that has been converted into an armored personnel carrier. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass and lights and sirens.

This tactical vehicle may be used to facilitate rescue operations, conduct evacuations, provide emergency medical aid in dangerous environments, during rapidly evolving critical incidents having a potential of injury or death, for high-risk pre-planned events and other approved law enforcement purposes as needed. The vehicle’s ballistic protection provides an environment and opportunity for our officers to de-escalate incidents with potentially armed suspects while minimizing risk to all involved.

Acquisition Cost: $159,000
Quantity: 1
Number of Authorized Usages of Category 2 Equipment in 2023: 1 Authorized Usages Included:
• Deployment on an incident involving a barricaded suspect.

Annual Costs:

It is estimated that $16,292 is utilized for the maintenance of all Category 2 Equipment.

In 2023, Category 2 equipment training departmentwide consisted of 12 hours totaling $666.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

No discrepancies noted.
2023 Policy Violations:

No violations.

ATTACHMENT A 1125
Category 2 Intended Equipment Acquisition in 2024:

The Stockton Police Department anticipates acquiring an M-RAP vehicle (MineResistant Ambush Protected) to provide additional safety for officers and the public when responding to critical incidents such as active shooter events, victim rescue, and contact with armed suspects. The estimated purchase cost of this vehicle would be free through the Law Enforcement Support Program (LESO) and the fiscal impact would be estimated at $16,292 for annual maintenance.

ATTACHMENT A 1126
Category 3 – High Mobility Multipurpose
Wheeled Vehicles (HMMWV) or Vehicles
That Have a Breaching or Entry Apparatus
Attached
Assembly Bill 481 Category 3 reporting requirements - High mobility multipurpose wheeled vehicles (HMMWV), two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Vehicle With Breaching Apparatus

1. Lenco Bearcat Tactical Armored Vehicle
Description and Purpose:

The Lenco Bearcat Tactical Armored Vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, overhead lights, and sirens.

This tactical vehicle may be used to facilitate rescue operations, conduct evacuations, provide emergency medical aid in dangerous environments, during rapidly evolving critical incidents having a potential of injury or death, for high-risk pre-planned events, and other approved law enforcement purposes as needed. The vehicle’s ballistic protection provides an environment and opportunity for our officers to de-escalate incidents with potentially armed suspects while minimizing risk to all involved.

This tactical vehicle has an attachable breaching apparatus that can be used to gain entry into structures or other fortified locations where other breaching methods are impractical or would otherwise be ineffective.

Acquisition Cost: $292,294
Quantity: 1
Number of Authorized Usages of Category 3 Equipment in 2023: 112 Authorized Usages Included:
• Deployments during incidents involving barricaded suspects. • Deployments during calls for service involving armed suspects. • Deployments during the service of search warrants.

ATTACHMENT A 1127
Annual Costs:

It is estimated that $16,292 is utilized for the maintenance of all Category 3 Equipment.

In 2023, Category 3 equipment training departmentwide consisted of 12 hours totaling $666.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

No discrepancies noted.
2023 Policy Violations:

No violations.

Category 3 Intended Equipment Acquisition in 2024:

The Stockton Police Department anticipates acquiring a new Lenco Bearcat Tactical Armored Vehicle. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, overhead lights, and sirens. The estimated purchase cost of this vehicle would be $465,817.00 and the annual fiscal impact would be estimated at $16,292 for maintenance.

The Stockton Police Department anticipates acquiring a Humvee (HMMWV) for supply delivery/logistics during emergency and extended duration incidents, and for use during community engagement events. The estimated purchase cost of this vehicle would be free through the Law Enforcement Support Program (LESO) and the fiscal impact would be estimated at $915 for annual maintenance.

ATTACHMENT A 1128
Category 4 – Tracked Armored Vehicles
Assembly Bill 481 Category 4 reporting requirements - Tracked armored vehicles that provide ballistic protection to their occupants.

The Stockton Police Department did not possess, acquire, or use tracked armored vehicles in 2023.

Category 4 Intended Equipment Acquisition in 2024:

The Stockton Police Department anticipates acquiring an Armored Critical Incident Vehicle, also known as a Rook. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, mechanical platform, and breaching capabilities. Acquisition of this vehicle will be dependent on the availability of adequate grant funding. The estimated purchase cost of this vehicle would be $478,640.00 and the fiscal impact would be estimated at $16,292 for yearly maintenance.

ATTACHMENT A 1129
Category 5 – Command and Control
Vehicles
Assembly Bill 481 Category 5 reporting requirements - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Command and Control Vehicles

1. Mobile Command Post (MCP1)
Description and Purpose:

MCP1 is a tractor-trailer combination vehicle requiring a Class A license to operate.

This vehicle is used on prolonged investigations, natural disasters, or operations requiring command staff or outside agency assistance. The vehicle is broken up into several compartments.

The tractor houses a Negotiations Operation Center (NOC) where Crisis Negotiators may conduct negotiations. This is connected to the trailer via phone and data lines.

There is also a port for the throw phone to connect into the NOC to minimize interruptions to ongoing negotiations.

The trailer has a Command Room with a table and chairs. This area is designated for command staff, city departments heads, or outside agencies to meet. There is a PD workstation in the Command Room.

There are three workstations in the main body of the trailer and four Computer Aided Dispatch (CAD) stations. The CAD stations are set up with foot pedals and headsets to allow multiple dispatchers to operate at the same time.

This vehicle is capable of being run on shore power or the installed generator.

MCP1 is additionally equipped with the following for long-term deployments:
• Cell coverage for internet and phone
• Satellite coverage for internet and phone
• Camera with recording capabilities mounted on a boom
• Bathroom
• Microwave/coffeepot
Acquisition Cost: $509,783
Quantity: 1
ATTACHMENT A 1130

2. Mobile Command Post (MCP2)
Description and Purpose:

MCP2 is a quick response vehicle utilized on smaller callouts and shorter operations. It was built on a Ford E-450 Cutaway chassis, the vehicle features a

7.3L gasoline engine with electronic 6-speed automatic transmission. Bright LED tripod light poles are included for after-hours operations.

Inside, the vehicle features two workstations each with a 32" high-resolution display monitor. A magnetic closure pocket door segregates the rear NOC/interview room from the front work room. A small electronics rack houses the vehicle's equipment. A multi-function printer/copier is also included.

The rear room is utilized for crisis negotiation operations and is available for witness interviews during investigations. There are dual fixed bench seats and a center worktable with access to the CNT equipment. A vandal-resistant dome network camera with audio can be accessed through the network and is installed in this room to record interviews.

This vehicle is capable of being run on shore power or the installed generator.

Acquisition Cost: $219,245
Quantity: 1

3. SWAT Quick Response Vehicle (SWAT1)
Description and Purpose:

SWAT1 is designed as a rapid response vehicle equipped with lockers to hold SWAT operators’ call-out gear (e.g., ballistic vests, helmets, duty belts, etc.), rifles, shotguns, less lethal munitions, and other SWAT equipment.

SWAT1’s purpose is to respond to a critical incident with all required gear and equipment needed for SWAT operators to safely de-escalate or manage rapidly evolving incidents. This enables SWAT operators to respond directly to the scene of a critical incident without having to stop elsewhere to acquire their individual equipment. SWAT1 also acts as a forward tactical command post to aid with command and control over SWAT operations.

Acquisition Cost: $425,897
Quantity: 1

4. Bomb Squad Truck and Trailer:

Description and Purpose:

The Bomb Squad truck and trailer allow Bomb Technicians to store and transport the necessary equipment to calls for service involving suspicions packages or ATTACHMENT A 1131
hazardous devices. The vehicle enables Bomb Squad personnel to maintain command and control over Bomb Squad operations.

Acquisition Cost: $150,000
Quantity: 1

Number of Authorized Usages of Category 5 Equipment in 2023: 148 Authorized Usages Included:
• Deployments to incidents requiring crisis negotiations. • Deployments during SWAT operations to facilitate logistical support. • Deployments to facilitate interviews during homicide investigations. • A deployment to exercise command and control over an officer involved shooting scene.
• Deployments to investigate suspicious devices.

Fiscal Impact:

In 2023, Category 5 equipment training departmentwide consisted of 1,273 hours totaling $66,600.

Annually, it is estimated that $60,762 is utilized for the maintenance of all Category 5 Equipment.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

No discrepancies noted.
2023 Policy Violations:

No violations.

Category 5 Intended Equipment Acquisition in 2024:

The Stockton Police Department anticipates acquiring a command-and-control vehicle similar to item 2, the MCP2, to improve our ability to effectively respond to multiple negotiations and/or complex investigations simultaneously. Acquisition of this vehicle will be dependent on the availability of adequate grant funding. The anticipated acquisition cost is expected to be approximately $220,000 with $10,000 in annual maintenance.

The Stockton Police Department anticipates acquiring a command-and-control vehicle to replace item 4, the Bomb Squad Truck. The replacement vehicle will either be a sprinter van or delivery truck outfitted to house the Bomb Squads tools and equipment.

The anticipated acquisition cost is expected to be approximately $300,000 with annual maintenance expected to be less than the $20,500 used for the current Bomb Squad Truck.

ATTACHMENT A 1132
Category 6 – Weaponized Aircraft,
Vessels, or Vehicles of Any Kind
Assembly Bill 481 Category 6 reporting requirements - Weaponized aircraft, vessels, or vehicles of any kind.

The Stockton Police Department did not possess, acquire, or use weaponized aircraft, vessels, or vehicles in 2023.

ATTACHMENT A 1133
Category 7 – Battering Rams, Slugs, and
Breaching Apparatuses Explosive in
Nature
Assembly Bill 481 Category 7 reporting requirements - Battering rams, slugs, and breaching apparatuses that are explosive in nature. Bolt cutters and handheld rams designed to be operated by one person are excluded.

Breaching Slugs
Description and Purpose:

Ballistic breaching rounds are specially designed rounds made to defeat locking mechanisms, hinges, and other fortifications used to delay or prevent entry into a structure or vehicle. Ballistic breaching rounds are fired using a 12-guage shotgun.

SWAT utilizes ballistic breaching rounds to breach fortified entry points during high-risk situations, where delay poses a great risk to the victims, suspects, or public safety personnel. Ballistic breaching is used for, but not limited to hostage rescue, active shooter incidents, natural disasters, and high-risk warrant service.

Inventory:

1. Royal Arms TESAR 1 Breaching Rounds
Acquisition Cost: $7.95 each
Quantity: 25 (acquired in 2023)

2. Royal Arms TESAR 2 Breaching Rounds
Acquisition Cost: $8.96 each
Quantity: 250 (acquired in 2023)
Explosive Breaching Apparatuses
Description and Purpose:

Explosive breaching apparatuses are explosives designed for specific breaching goals.

SWAT currently utilizes C-1 Flex Sheet, 25GR/FT Det cord, 50GR/FT Det cord, and NONEL 40FT blasting caps for charge construction. Explosives are purpose built for the specific fortification/barrier needing defeat.

SWAT utilizes explosive breaching to defeat fortified entry points during high-risk situations, where delay poses a great risk to the victims, suspects, or public safety personnel. Explosive breaching is used for, but not limited to hostage rescue, active shooter situations, natural disasters, and high-risk warrant service.

ATTACHMENT A 1134
Inventory:

3. Aesflex Sheet C-1
Acquisition Cost: $326/lb
Quantity: 6lbs (acquired in 2023)

4. Primacord 5 (25GR/FT)
Acquisition Cost: $0.64/ft
Quantity: 3000ft (acquired in 2023)

5. Primacord 10 (50GR/FT)
Acquisition Cost: $0.66/ft
Quantity: 1000ft (acquired in 2023)

6. Nonel MS 0 Blasting Caps
Acquisition Cost: $18 each
Quantity: 120 (acquired in 2023)
Battering Rams

7. Aardvark KBT Breaching Tool
Description and Purpose:

The Kinetic Breaching Tool (KBT) is a powder-actuated kinetic energy forced entry tool. The KBT operates using a crimped blank explosive charge that drives a captive steel impact plate. The impact plate extends forward and strikes the targeted door hardware to defeat it. The impact plate automatically retracts and is reset in less than a second. Semiautomatic cycling allows repeated strikes on hardened or multiple targets.

The KBT is used when forced entry into a location is necessary, but other entry tools have failed, are unlikely to facilitate entry, or would otherwise jeopardize the safety of officers or the public and the use of the KBT could mitigate that risk.

Acquisition Cost: $12,500
Quantity: 2 (acquired in 2023)
Number of Authorized Usages of Category 7 Equipment in 2023: 2 Authorized Usages Included:
• Deployments during search warrant services.

ATTACHMENT A 1135
Financial Impact:

In 2023, Category 7 new equipment acquisitions totaled $34,134.

In 2023, Category 7 equipment training departmentwide consisted of 614 hours totaling $34,077.

Annually, it is estimated that $8,395 is utilized for replacement and maintenance of Category 7 equipment.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

No discrepancies noted.
2023 Policy Violations:

No violations.

ATTACHMENT A 1136
Category 8 – Firearms of .50 Caliber or
Greater
Assembly Bill 481 Category 8 reporting requirements - Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns.

The Stockton Police Department did not possess, acquire, or use any firearms of .50 caliber or greater in 2023.

ATTACHMENT A 1137
Category 9 – Ammunition of .50 Caliber
or Greater
Assembly Bill 481 Category 9 reporting requirements - Ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition.

The Stockton Police Department did not possess, acquire, or use any ammunition of .50 caliber or greater in 2023.

ATTACHMENT A 1138
Category 10 – Specialized Firearms and
Ammunition of Less Than .50 Caliber
Assembly Bill 481 Category 10 reporting requirements - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.

Carbine Rifles
Description and Purpose:

Carbine Rifles are firearms, capable of accurately stopping an armed subject at various distances including those that exceed the capabilities of a service pistol. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon.

The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter.

The projectile is capable of penetrating soft body armor being worn by armed subjects.

Inventory:

1. Axelson Tactical AXE-18
Acquisition Cost: $2056 each
Quantity: 60

2. Colt LE6933
Acquisition Cost: $2167 each
Quantity: 67

3. Colt LE6945CQB
Acquisition Cost: $2200 each
Quantity: 28

4. Colt M-4 Carbine
Acquisition Cost: $1900 each
Quantity: 14

5. Colt M-4 Commando
Acquisition Cost: $1900 each
Quantity: 16 (1 acquired in 2023)

6. Daniel Defense MK18
Acquisition Cost: $1577 each
Quantity: 2
ATTACHMENT A 1139

7. Heckler & Koch MP5SD
Acquisition Cost: $0 each
Quantity: 2
Sniper Rifles
Description and Purpose:

The Sniper element of the Stockton Police Department SWAT team deploys bolt action and semiautomatic precision rifles, which enables the stopping of an armed subject at a safe distance. These weapons fire a .308 caliber cartridge that is capable of penetrating soft body armor being worn by armed subjects and is designed to stop violent encounters.

8. GA Precision MCM A5
Acquisition Cost: $8140
Quantity: 2

9. Remington 700
Acquisition Cost: $2200
Quantity: 6

10.LaRue Tactical LT762
Acquisition Cost: $6000
Quantity: 2

11.JP Enterprises LRP-07
Acquisition Cost: $6107 each
Quantity: 3 (2 acquired in 2023)
Ammunition
Description and Purpose:

The department utilizes .223/.566 rounds in the carbine rifles which provide good accuracy within intermediate ranges and yield relatively low recoil. The department utilizes .308 rounds in the sniper rifle which offer longer range that the .223/5.56 rounds and provide greater barrier penetration.

12..223/5.56
Acquisition Cost: $0.57/round
Quantity: 118,500

13..308
Acquisition Cost: $0.86/round
Quantity: 20,000
ATTACHMENT A 1140
Number of Authorized Usages of Category 10 Equipment in 2023: 5 Authorized Usages Included:
• Deployments were during a single event involving an armed suspect who pointed a firearm at a victim in the presence of the officers.

Fiscal Impact:

In 2023, weapons replacement for Category 10 equipment was $14,114.

In 2023, ammunition replacement for Category 10 equipment was $84,736.

In 2023, Category 10 Equipment training departmentwide consisted of 2,862 hours totaling $158,841. This does not include semiannual rifle qualifications for trained personnel.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

Two additional Remington 700 sniper rifles were found to be in the inventory that were not included in the 2023 Annual Report. These sniper rifles were purchased in 2017. 2023 Policy Violations:

No violations.

Category 10 Intended Equipment Acquisition in 2024:

Category 10 ammunition will need replacement/restocking as they are used throughout the year for training, qualifications, and as they are assigned as duty ammunition.

Category 10 ammunition is a part of the overall annual ammunition budget estimated to be $250,000.

The department plans to acquire two JP Enterprises LRP07 sniper rifles to replace older sniper rifles in our inventory. The estimated cost is expected to be $6,107 for each rifle.

The department plans to acquire 20 Daniel Defense DDM V7S A rifles for deployment in the field. The estimated cost is expected to be $1,306 for each rifle.

ATTACHMENT A 1141
Category 11 – Firearm Designed to
Launch Explosive Projectiles
Assembly Bill 481 Category 11 reporting requirements - Any firearm or firearm accessory that is designed to launch explosive projectiles.

The Stockton Police Department did not possess, acquire, or use any firearm or firearm accessory that is designed to launch explosive projectiles.

ATTACHMENT A 1142
Category 12 – Flashbangs, Explosive
Breaching, Tear Gas, Pepper Balls
Assembly Bill 481 Category 12 reporting requirements - “Flashbang” diversionary devices, explosive breaching tools, “tear gas” and “pepper balls”, excluding handheld pepper spray.

Flashbang Diversionary Devices
Description and Purpose:

Noise Flash Diversionary Devices (NFDD), commonly referred to as “flashbangs”, are a non-fragmenting device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDDs are used to distract and temporarily incapacitate suspects by overwhelming their senses of vision and hearing.

The distraction allows officers to seize a moment of opportunity and take control of highrisk situations.

Inventory:

1. NFDD Defense Technology (DT8901) Single bang
Acquisition Cost: $50 each
Quantity: 28

2. NFDD Defense Technology (CTS-7290-9) 9-bang
Acquisition Cost: $153 each
Quantity: 2
Tear Gas
Description and Purpose:

Chemical agent munitions, which are commonly referred to as “tear gas”, are used by the Stockton Police Department as a less-lethal tool to disperse rioting suspects and on barricaded suspects. The Stockton Police Department uses chemical agents commonly used by law enforcement across the United States including OC (Oleoresin Capsicum) and CS (2-Chlorobenzylidenemalononitrile). CS is an irritating agent that irritates the eyes and causes tears to flow. CS has been medically tested in the UK and by the U.S.

Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to members of the public to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes and respiratory inflammation.

The Stockton Police Department uses a variety of munitions that disperse chemical agents including canister, 40mm rounds, and liquid dispersal.

ATTACHMENT A 1143
Inventory:

3. Defense Technology Flameless Tri Chamber OS
Acquisition Cost: $36 each
Quantity: 8

4. Defense Technology Flameless Expulsion OC grenade
Acquisition Cost: $36 each
Quantity: 4

5. Defense Technology 40mm Barricade Penetrator Ferret Rounds CS Powder Acquisition Cost: $25 each
Quantity: 35

6. Defense Technology 40mm Barricade Penetrator Ferret Rounds OS Powder Acquisition Cost: $25 each
Quantity: 35

7. Defense Technology 40mm Barricade Penetrator Muzzle Blast Rounds CS Acquisition Cost: $22 each
Quantity: 9

8. Defense Technology 40mm Barricade Penetrator Muzzle Blast Rounds OS Acquisition Cost: $22 each
Quantity: 65

9. Defense Technology HC Smoke Grenade
Acquisition Cost: $44 each
Quantity: 20

10.Defense Technology Instantaneous Blast OC grenade
Acquisition Cost: $56 each
Quantity: 12

11.Defense Technology Spede-Heat 40 mm CS
Acquisition Cost: $34 each
Quantity: 28

12.Defense Technology Skat Shell 37mm multiple projectile CS round Acquisition Cost: $46 each
Quantity: 69
ATTACHMENT A 1144

13.Defense Technology Triple Chaser Separating Canister CS Acquisition Cost: $60 each
Quantity: 31

14.Defense Technology Riot Control Continuous Discharge Grenade CS Acquisition Cost: $33 each
Quantity: 20

15.Defense Technology Pocket Tactical Grenade CS
Acquisition Cost: $32 each
Quantity: 2

16.Defense Technology 46oz MK46 CS Riot Extinguisher
Acquisition Cost: $642 each
Quantity: 2

17.Defense Technology 46oz MK46 CS Mace Liquid
Acquisition Cost: $109 each
Quantity: 6

18.Defense Technology Spede-Heat CS Grenade
Acquisition Cost: $33 each
Quantity: 12

19.Defense Technology Stinger Rubber Ball CS Grenade
Acquisition Cost: $51 each
Quantity: 7

20.Defense Technology 40mm OC Direct Impact Foam Round
Acquisition Cost: $35 each
Quantity: 37

21.Defense Technology Large Style Maximum HC Yellow Smoke Grenade Acquisition Cost: $62 each
Quantity: 22

22.Defense Technology Large Style Maximum HC Red Smoke Grenade Acquisition Cost: $51 each
Quantity: 5
Number of Authorized Usages of Category 12 Equipment in 2023: 82 Authorized Usages Included:

ATTACHMENT A 1145
• Deployments of flashbangs during search warrant services.

Financial Impact:

In 2023, replacement/restocking cost for Category 12 equipment was approximately $2,422.

In 2023, Category 12 equipment training departmentwide consisted of 273 hours totaling $15,151.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

No discrepancies noted.
2023 Policy Violations:

No violations.

Category 12 Intended Equipment Acquisition in 2024:

Category 12 munitions will need replacement/restocking as they are used throughout the year in training, authorized deployments, and as expired munitions are replaced.

The anticipated cost of annual replacement/restocking is $27,000.

The Stockton Police Department plans to acquire a gas injector system as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle that was requested for acquisition. The gas injector unit is a device that is mounted to the tactical armored vehicle’s ram and enables the safe delivery of a CS or OS canister into a structure, vehicle, or other location where an approach on foot or with another delivery system is too dangerous or impractical. The gas injector system attachment is expected to cost $14,552 with no anticipated annual maintenance costs.

ATTACHMENT A 1146
Category 13 – TASER Shockwave,
Microwave Weapons, Water Cannons,
and Long-Range Acoustic Devices
Assembly Bill 481 Category 13 reporting requirements - TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.

The Stockton Police Department did not possess, acquire, or use any TASER® Shockwaves, microwave weapons, water cannons, and long-range acoustic devices in 2023.

Category 13 Intended Equipment Acquisition in 2024:

The Stockton Police Department plans to acquire a Long-Range Acoustic Device (LRAD) as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle requested acquisition. The LRAD is a specialized loudspeaker used for communicating at a distance such as when negotiating with armed suspects, barricaded suspects, suicidal persons who are in a location that is unsafe to access, and for providing mass notifications during emergencies or natural disasters. The LRAD attachment is expected to cost $41,213 with no anticipated annual maintenance costs.

ATTACHMENT A 1147
Category 14 – Kinetic Energy Weapons
and Munitions
Assembly Bill 481 Category 14 reporting requirements - The following projectile launch platforms and their munitions: 40mm projectile launchers, “bean bag”, rubber bullets and specialty impact munitions weapons.
40mm Projectile Launchers

1. Defense Technology 40 mm Tactical Launcher
Description and Purpose:

The Stockton Police Department possesses single shot 40mm projectile launchers that expel less-lethal munitions. These launchers can deliver both kinetic and chemical munitions. The single shot nature of these launchers requires the officer to assess after every spent munition.

These launchers are used in crowd control situations such as unlawful assemblies and riots as well as with physically resistant suspects where other force options would be inappropriate, less effective, or otherwise unavailable.

Acquisition Cost: $1047 each
Quantity: 4
40mm Kinetic Rounds
Description and Purpose:
40mm kinetic rounds are less-lethal rounds that are deployed from a 40mm projectile launcher. These rounds deliver energy on impact to a target, typically for crowd control/riot situations and actively resistant suspects. These munitions may be point-ofaim, point-of-impact direct fire rounds or skip fire rounds. The kinetic projectiles used by the department are sponge, foam, or rubber.

Inventory:

2. Defense Technology Exact Impact 40 mm Standard Range Sponge Round Acquisition Cost: $33 each
Quantity: 134

3. Defense Technology Stinger 40mm 32-Caliber Rubber Balls Round Acquisition Cost: $64 each
Quantity: 10
ATTACHMENT A 1148

4. Defense Technology Direct Impact 40 mm Marking Crushable Foam Round Acquisition Cost: $24 each
Quantity: 15

5. Defense Technology Foam Baton 40 mm Round
Acquisition Cost: $29 each
Quantity: 10

6. Defense Technology Stinger 37 mm 32-Caliber Rubber Balls Round Acquisition Cost: $23 each
Quantity: 11
Bean Bag Shotguns
Description and Purpose:

Bean bag shotguns are specialized shotguns designated specifically to only be loaded with less-lethal rounds. These shotguns are clearly marked and identified with bright orange buttstocks and foregrips. These shotguns are used to dispense less-lethal rounds at suspects who are armed and/or physically resisting officers attempts to take them into custody.

Inventory:

7. Remmington 870
Acquisition Cost: $700 each
Quantity: 58
Kinetic Shotgun Rounds
Description and Purpose:

Kinetic shotgun rounds are less-lethal rounds that are fired from a 12-gauge shotgun.

These include both bean bag and rubber ball rounds. Bean bag rounds are 40-gram tear shaped bags made from a cotton and ballistic material blend, filled with #9 shot, and loaded into a 12-guage shell. Rubber ball rounds are 12-gauge shells loaded with approximately eighteen 32-caliber rubber balls. These rounds deliver a kinetic impact and pain to suspects with the goal of gaining the subject’s compliance and the cessation of their hostile behavior.

Inventory:

8. 12-guage Bean Bag Rounds
Acquisition Cost: $5.40 each
Quantity: 5,600
ATTACHMENT A 1149

9. Defense Technology Stinger 12-gauge 32-Caliber Rubber Balls Round Acquisition Cost: $7.10
Quantity: 10
Number of Authorized Usages of Category 14 Equipment in 2023: 15 Authorized Usages Included:
• Deployments to apprehend armed suspects.
• Deployments during the service of search warrants.

Financial Impact:

In 2023, ammunition replacement for Category 14 equipment was $31,692.

Category 14 equipment training departmentwide consisted of 758 hours totaling $42,069. This does not include semiannual bean bag shotgun qualifications for trained personnel.
2023 Summary of Complaints or Concerns:

No complaints or concerns received.
2023 Internal Audits:

Item 1, the 40mm launchers employed by the department were found to be Defense Technology brand rather than Penn Arms as reported in the 2023 AB481 Report.

Item 4, the Defense Technology Direct Impact 40 mm Marking Crushable Foam Rounds were found to be already in inventory (acquired prior to 2023). 2023 Policy Violations:

No violations.

Category 14 Intended Equipment Acquisition in 2024:

Category 14 ammunition will need replacement/restocking as they are used throughout the year in training and authorized deployments. The anticipated cost of annual replacement/restocking is $32,740.

ATTACHMENT A 1150
Category 15 – Any Other Equipment as
Determined to Require Additional
Oversight
Assembly Bill 481 Category 15 reporting requirements - Any other equipment as determined by a governing body or a state agency to require additional oversight.

The Stockton Police Department did not possess, acquire, or use any other equipment as determined by a governing body or a state agency to require additional oversight in 2023.

ATTACHMENT A 1151
Externally Hosted Training Costs
The personnel cost of training is absorbed into the Department’s operating budget.

Except where noted here, training was completed internally by the Department. The cost for staff to attend externally hosted training for military equipment usage in 2023 was approximately $33,221.

Training for Military Equipment Usage in 2023

COURSE COURSE
COST

PERSONNEL
HOURS

PERSONNEL COST
($55.50 per hour)
Basic Firearms Instructor
Course
$129 40 $2,220
Firearms/Tactical Rifle
Instructor
$332 160 $8,880
SWAT school $4000 320 $17,760
TOTAL $4,461 520 $28,860
ATTACHMENT A 1152
Conclusion
The equipment, resources, and training outlined in this report allows the Stockton Police Department to protect our community by enhancing both public and officer safety. The use of “military equipment” aids us in resolving critical incidents safely and effectively by providing us with sufficient engagement options to minimize the risk of serious injury or death that may be sustained by community members, officers, and suspects. Although “military equipment” is utilized infrequently, it is crucial that the equipment be readily available to deploy in rapidly evolving and dynamic situations where such equipment can be used to effectively respond to threats to public safety.

When deciding what “military equipment” is funded, acquired, or used, the Stockton Police Department seriously considers the public's welfare, safety, concerns, and civil liberties. This annual “military equipment” report was designed to reinforce the department's commitment to inform and provide transparency to our community and elected officials in addition to ensuring compliance with the law.

The department welcomes meaningful public input regarding the possession and use of “military equipment” within our community. Inquiries, complaints, or concerns can be submitted to the Stockton Police Department's Military Equipment Coordinator, Lt.

Anabel Morris at [email protected].

Published with permission by Stockton Police Department Military Equipment - 1
Military Equipment
Effective Date: April 11, 2024
Revised Date:

Issuing Authority:

Chief Stanley McFadden
706.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
State MODIFIED
Definitions related to this policy include (Government Code § 7070):

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

Published with permission by Stockton Police Department Military Equipment - 2
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council or a state agency to require additional oversight.
706.2 POLICY
State
It is the policy of the Stockton Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Chief of Police should designate the Research and Development Manager as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(b) Conducting an inventory of all military equipment at least annually. (c) Collaborating with any allied agency that may use military equipment within the jurisdiction of Stockton Police Department (Government Code § 7071). (d) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(e) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(f) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT REPORTING
Agency Content
The Chief of Police should designate the Training Section Manager as the liaison to the City Council.
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.

Published with permission by Stockton Police Department Military Equipment - 3

1. A list of each request and authorized budget item will be maintained within Research and Development.
706.5 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The attached annual report includes a list of qualifying equipment for the Department. 706.6 APPROVAL
State MODIFIED
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.7 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.8 ANNUAL REPORT
State MODIFIED
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment ATTACHMENT A 1156
Stockton Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/25, All Rights Reserved.

Published with permission by Stockton Police Department Military Equipment - 4
approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.9 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.10 ACQUISITION OF MILITARY EQUIPMENT
Agency Content
706.10.1 PROGRAM MANAGER RESPONSIBILITIES
Agency Content
Program Managers who utilize or wish to acquire military equipment shall:
(a) Confirm the item requested is authorized via the department's current Assembly Bill 481 Annual Report prior to acquisition.
(b) Complete the Military Equipment Acquisition Request Form and submit it to Research and Development via email. The form can be found in the Police SharePoint folder. (c) Update Research and Development on any budget changes, which may prevent the acquisition of an authorized item.
(d) Annually provide the Military Equipment Coordinator with a list of planned acquisitions and the related budgets for the following year.
(e) Ensure the use of authorized equipment is tracked including:

1. Number of deployments of each category of military equipment.

2. General nature of those deployments.

3. Hours of in-house training on each category of military equipment.

4. Names of outside schools that train the use or administration of military equipment, tuition costs, and number of hours.

5. The maintenance costs associated with possessed military equipment. 706.10.2 MILITARY EQUIPMENT COORDINATOR
Agency Content
The Military Equipment Coordinator or designee will review the applicable Program Manager's request and respond within 10 working days.

Published with permission by Stockton Police Department Military Equipment - 5
706.10.3 DEPARTMENTAL SCREENERS
Agency Content
Screeners are responsible for tracking the availability of and acquiring authorized military equipment from the Law Enforcement Support Program (LESO). In order to requisition equipment, screeners shall:
(a) Obtain authorization from the Military Equipment Coordinator or designee before submitting a request via Reutilization, Transfer, and Donation (RTD) for the following items:

1. Vehicles

2. Vessels

3. Aircraft

4. Weapons

5. Weaponized equipment
(b) Be familiar with requests and specifications of each item, ensuring the item for requisition meets the specifications submitted by the requesting Program Manager. (c) Verify the budget for each item provided by the requesting Program Manager. (d) Obtain the fiscal impact for the acquisition of each item which may include transportation, delivery, or repairs.
(e) Contact the Military Equipment Coordinator or designee if the fiscal impact for the item supersedes the budgeted amount.

1. The Military Equipment Coordinator or designee will contact the affected Program Manager to verify if a budget increase is authorized. (f) Send an email message to the Military Equipment Coordinator within 24 hours of submitting the requisition via RTD or at a Defense Reutilization Marketing Office (DRMO).

The Military Equipment Coordinator or designee will monitor the acquisition and ensure that all requirements are met.
706.11 AUDIT OF MILITARY EQUIPMENT
Agency Content
In addition to the annual audit performed by the Military EquipmentCoordinator, Division Commanders will ensure that the use of military equipment by their assigned personnel is audited to ensure compliance.

Any misuse of equipment discovered in this process shall be addressed by the responsible Division Commander or designee.

Published with permission by Stockton Police Department 481 Final report 2024.pdf - 7
481 Final report 2024.pdf
481 Final report 2024.pdf
ATTACHMENT A 1160
ORDINANCE NO. _____________

AN UNCODIFIED ORDINANCE OF THE CITY OF STOCKTON APPROVING A POLICY

REGARDING THE ACQUISITION AND USE OF MILITARY EQUIPMENT ADOPTED PURSUANT TO SECTION 770, et seq., OF THE CALIFORNIA GOVERNMENT CODE (AB481)
Findings
The California Legislature has found that the acquisition of military equipment (as defined) and its deployment in local communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and the potential to incur significant financial costs.

The California Legislature has also found that military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.

The California Legislature has further found that the public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment; that decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input; that legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used; and that a lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

The City Council of the City of Stockton previously approved the Stockton Police Department’s military equipment policy General Order F-02a, titled “Military Equipment Usage,” by uncodified Ordinance No. 2022-04-05-1601.

As part of the Stockton Police Department's review of general orders and transition to updated policies with Lexipol, General Order F-02a has transitioned to Policy 706, titled “Military Equipment,” effective April 11, 2024. The updated policy includes procedural changes to the previous General Order F-02a. As a result, a new ordinance approving the updated military equipment policy is required. Ordinance 2022-04-05-1601 is no longer current given these changes.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. RESCINDING ORDINANCE 2022-04-05-1601.

City Council uncodified Ordinance No. 2022-04-05-1601 approving General Order F-02a and requiring annual review of General Order F-02a is hereby rescinded. 1161
SECTION II. FINDINGS MADE PURSUANT TO GOVERNMENT CODE SECTION 7071(d).

The City Council of the City of Stockton does hereby find:

The military equipment used by the Stockton Police Department 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.

Purchasing this 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 accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

SECTION III. APPROVAL OF MILITARY EQUIPMENT POLICY.

Stockton Police Department Policy 706, titled “Military Equipment,” effective April 11, 2024 (attached hereto as Attachment A) is hereby approved.

SECTION IV. ANNUAL REVIEW.

Stockton Police Department Policy 706, titled “Military Equipment,” shall be reviewed annually by this Council pursuant to Government Code section 7071 (e), and the City Manager shall provide an annual military equipment report to this Council pursuant to Government Code section 7072.

SECTION V. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the acts which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION VI. EFFECTIVE DATE.

This ordinance shall take effect and be in full force and effect thirty (30) days after its passage.

ADOPTED: ________________
EFFECTIVE: ________________
1162
________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
__________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1163
Policy
706
Stockton Police Department
Policy Manual
Copyright Lexipol, LLC 2024/04/25, All Rights Reserved.

Published with permission by Stockton Police Department Military Equipment - 1
Military Equipment
Effective Date: April 11, 2024
Revised Date:

Issuing Authority:

1. Publicizing the details of the meeting.

Published with permission by Stockton Police Department Military Equipment - 3

1. A list of each request and authorized budget item will be maintained within Research and Development.
706.5 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The attached annual report includes a list of qualifying equipment for the Department. 706.6 APPROVAL
State MODIFIED
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.7 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.8 ANNUAL REPORT
State MODIFIED
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment ATTACHMENT A 1166
Stockton Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/25, All Rights Reserved.

1. Number of deployments of each category of military equipment.

2. General nature of those deployments.

3. Hours of in-house training on each category of military equipment.

4. Names of outside schools that train the use or administration of military equipment, tuition costs, and number of hours.

1. Vehicles

2. Vessels

3. Aircraft

4. Weapons

Any misuse of equipment discovered in this process shall be addressed by the responsible Division Commander or designee.

Published with permission by Stockton Police Department 481 Final report 2024.pdf - 7
481 Final report 2024.pdf
481 Final report 2024.pdf
ATTACHMENT A 1170

CITY COUNCIL MEETING
MAY 21, 2024
AGENDA ITEM 16.1
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1171

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
Assembly Bill 481 established the following requirements to ensure the responsible use of military equipment for the safety of our community and our police officers
1 Requires Stockton Police
Department to create a
Military Equipment Use
Policy
2 City Council Approval of policy
and the use, funding,
acquisition and continued use
of already approved
equipment.
3 Annual Report including
the purpose, complaints,
annual costs, quantity
possessed and intended
acquisitions.
1172

CITY OF STOCKTON
ASSEMBLY BILL 481
MILITARY EQUIPMENT USE 1
Requires Stockton Police
Department to create a Military
Equipment Use Policy (created
February 2022)
Stockton Police Department Policy 706: Military Equipment • Military equipment includes, but is not limited to: • Unmanned, remotely piloted vehicles • Command and control vehicles
• Noise-flash diversionary devices
• Kinetic energy weapons and munitions
• All items in this policy are currently in use at the Stockton Police Department and have use policies in place. • This policy is available to the public through the Stockton Police Department website.
1173
2 City Council Approval for the use,
funding, acquisition and
continued use of already
approved equipment.

The Stockton Police Department recognizes the public’s ongoing interest in how military equipment is used to protect our community and our officers. We are committed to maintaining our community’s trust in providing professional and responsive police services effectively and safely for all involved.

The term “military equipment” as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military.

Many items defined as “military equipment” by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various challenges facing our communities. The Stockton Police Department’s use of “military equipment” is consistent with overall best practices employed by the police departments throughout the country.

Assembly Bill 481 establishes oversight for the responsible use, funding and acquisition of “military equipment”.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1174
The Stockton Police Department Military Equipment Annual Report is available to the public and can be found online through the Stockton Police Department website.

CITY OF STOCKTON
ASSEMBLY BILL 481 3 MILITARY EQUIPMENT USE
Annual Report including the
purpose, complaints, annual
costs, quantity possessed and
intended acquisitions.
1175
2024 AB 481 Annual
Report highlights

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1176
Annual Report Summary
CATEGORY 1 – Unmanned aerial or ground vehicles
The Stockton Police Department currently has twelve (12) UAS (drones) in service and two (2) EOD hazardous duty robots.

These vehicles are used for search and rescue, tactical situations and bomb defusal.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1177
Annual Report summary
CATEGORY 2 – Armored Personnel Carriers
CATEGORY 3 – Vehicles that have a breaching or entry
apparatus attached
The Stockton Police Department has two (2) armored vehicles (one with breaching capabilities). These vehicles are used for emergency operations and provide officers and the public with a level of ballistic protection during critical incidents and rescues.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1178
Annual Report summary
CATEGORY 5 – Command and Control Vehicles
The Stockton Police Department has (4) command and
control vehicles. Two (2) are dedicated as mobile command posts and crisis negotiation vehicles. One (1) as a tactical command post for emergency response and one (1) as a
command vehicle for our Explosive Ordinance Disposal team.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1179
Annual Report summary
CATEGORY 7 – Battering Rams, Slugs, and Breaching
Apparatuses Explosive in Nature
The Stockton Police Department is currently equipped with Breaching Slugs, Explosive Breaching Apparatuses, and Battering Rams. Each of these tools is utilized for extremely dangerous situations where failure to gain entry is not an option. The breaching slugs and explosives are only used by the SWAT team. The Battering Ram will be utilized by both patrol and the SWAT team.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1180
Annual Report summary

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
CATEGORY 10 – Specialized firearms and ammunition of less than 50 caliber
CATEGORY 12 – Flashbangs, explosive breaching, tear gas, pepper balls CATEGORY 14 – Kinetic energy weapons and munitions
The Stockton Police Department utilizes a variety of tools and equipment to safely response to rapidly evolving critical incidents with the goal of a peaceful resolution and safety for all parties involved.

These tools and equipment consist of, but are not limited to, less lethal munitions (bean bag rounds, 40 mm sponge rounds, tasers, etc.), patrol rifles, precision rifles, flashbangs, and chemical munitions. These tools are industry standard and commonly used by law enforcement across the nation. They provide capabilities and options while prioritizing the sanctity of life.
1181
Anticipated Acquisitions

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
The MRAP is an armored rescue vehicle for emergency
operations that the department anticipates acquiring free through the 1033 program and the fiscal impact would be yearly maintenance.

The LRAD is a specialized loudspeaker used
for communicating at a distance,
negotiations with barricaded suspects,
mass notifications, and natural
emergencies.
1182
Anticipated Acquisitions
The Bearcat is utilized for preplanned operations, critical incidents, and rescues. We have had the original since 2012 and we are beginning to utilize it more on patrol. Recent example of armed suspect on charter way pointing gun at passing vehicles.

The armor provides protection for us, which affords the opportunity for De-escalation and communication.

The “Rook” is an armored tracked vehicle. The protection and size of the vehicle allow for access to scenes not feasible by the Bearcat.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1183
Anticipated Acquisitions

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
The Stockton Police Department is anticipating acquiring a command-and-control vehicle to improve our ability to effectively respond to multiple negotiations and / or
complex investigations occurring simultaneously. The
initial cost is approximately $220,000 and the annual
fiscal impact would be yearly maintenance.
1184

APPROVAL NEEDED FROM COUNCIL
• Adopt an ordinance approving SPD Policy 706: Military Equipment.

Successor to General Order F-02a
• Continue the use of the equipment currently used by the Stockton Police Department in accordance with the current policy
• Approval for the acquisition of the MRAP (Rescue Vehicle), LRAD (Long Range Acoustic Device), second Bearcat, and Rook (armored tracked vehicle)

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1185

THANK YOU
Stockton Police Department
1186

City Council and Concurrent AuthoritiesMay 21, 2024

City Council and Concurrent Authorities
May 21, 2024