15 Staff Report. AB 481 reporting 2024 with attachments
PREPARED BY: Rebecca Albin
Operations Captain
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024 ITEM NO: 15
DATE: September 17, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Adopt a Resolution to Renew an Ordinance Approving a Military Equipment
Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481
RECOMMENDATION:
Adopt a resolution (Attachment 5) to renew an ordinance approving a military equipment
funding, acquisition, and use policy pursuant to Assembly Bill 481.
BACKGROUND:
On September 30, 2021, Governor Newsom signed into law several major peace officer reform
bills, including Assembly Bill 481 (AB 481). AB 481 (Attachment 1) was authored by
Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition, and use of
items deemed to be “military equipment.” This bill requires law enforcement agencies,
including the Los Gatos-Monte Sereno Police Department, “to obtain approval of the applicable
governing body, by adoption of a military equipment use policy, as specified, by ordinance 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.” Furthermore, AB
481 requires similar approval for the continued use of “military equipment” acquired by the Los
Gatos-Monte Sereno Police Department prior to September 17, 2024, 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.
DISCUSSION:
AB 481 requires the governing body that oversees a law enforcement agency to approve and
renew an ordinance adopting a military equipment use policy at a regular meeting of the
governing body held in accordance with the Brown Act. The Assembly Bill has designated
PAGE 2 OF 3 SUBJECT: Adopt a Resolution to Renew Ordinance Approving Military Equipment Use Policy DATE: September 17, 2024
certain types of law enforcement equipment as "military equipment." Out of the fifteen
categories of “military equipment” listed under AB 481, Los Gatos-Monte Sereno Police
Department has items in four of the categories. These items include: a robot; an unmanned
aerial vehicle (UAV); rifles and ammunition; noise flash diversionary devices; tear gas and
munitions; and 40mm less lethal weapon and munitions.
The resolution proposed for adoption would renew the Town’s existing ordinance approving
the military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481. A
resolution renewing the ordinance must be adopted before Los Gatos-Monte Sereno Police
Department may request, seek funds, acquire, collaborate to deploy, use, or solicit a proposal
for any type of military equipment. AB 481 requires that the resolution renewing the ordinance
be adopted annually. AB 481 outlines the requirements of the Police Department so that
ongoing access to the items mentioned can continue and for future acquisition process and the
transparency requirements. Los Gatos-Monte Sereno Police contracts with Lexipol, a public
safety policy and training organization, for policy development and implementation. Lexipol
policy 704-Military Equipment outlines purpose, scope, definitions, and categories deemed as
military equipment (See Attachment 2). Each type of military equipment identified in the
military equipment use report continues to meet the following standards for approval
contained in Government Code Section 7071:
A. The “military equipment” identified in Los Gatos-Monte Sereno Police Department
Lexipol Policy 704 is necessary because there are no reasonable alternatives that can
achieve the same objectives of officer and civilian safety.
B. Los Gatos-Monte Sereno Police Department Lexipol Policy 704 will safeguard the
public’s welfare, safety, civil rights, and civil liberties.
C. The “military equipment” identified in Los Gatos-Monte Sereno Police Department
Lexipol Policy 704 is reasonably cost effective compared to available alternatives that
can achieve the same objectives of officer and civilian safe.
D. Prior military equipment use has complied with the Town’s military equipment use
policy.
In addition to posting the “military equipment” use policy on the law enforcement agency’s
website, each agency must submit an annual “Military Equipment” Report to the governing
body detailing the equipment used in the preceding year. This report must include a summary
of how the equipment was used, a summary of complaints received, the result of any internal
audit and actions taken in response, the total annual cost and the quantity possessed of each
type of “military equipment,” and any additional equipment the agency intends to acquire in
the next year. This “Military Equipment” report is attached as Attachment 3.
Each year the governing body must review the annual report and determine whether each type
of military equipment identified in that report has complied with the standards for approval set
PAGE 3 OF 3 SUBJECT: Adopt a Resolution to Renew Ordinance Approving Military Equipment Use Policy DATE: September 17, 2024
forth above and vote on whether to renew it, in accordance with Government Code Section
7071 (e)(2).
Los Gatos-Monte Sereno Police Department will be holding a community outreach meeting to
discuss AB 481 on September 25, 2024. Lexipol policy 704 and the detailed list of our military
equipment is posted on the Police Department website.
CONCLUSION:
Staff recommends adopting a resolution (Attachment 5) renewing Ordinance 2329 (Attachment
4) adopting the military equipment use policy as set forth in the Los Gatos Police Department’s
Lexipol Policy 704.
ALTERNATIVES:
If the resolution (Attachment 5) is not approved, Los Gatos-Monte Sereno Police Department
will cease the use of equipment designated by AB 481 as military equipment. Los Gatos-Monte
Sereno Police Department will be required to redesign policies, procedures, and operations for
critical incident response; this includes our ability to provide and receive mutual aid, address an
immediate threat, or have a more expansive de-escalation option. Public safety may be
negatively impacted with diminished access to the resources currently in the Police
Department’s inventory.
FISCAL IMPACT:
There is no fiscal impact in renewing this ordinance and the military equipment use policy.
Attachments:
1. Assembly Bill 481
2. LGMSPD Lexipol Policy 704 inclusive of a hyperlink to AB 481 Defined list of Military
Equipment in LGMSPD possession
3. LGMSPD Military Equipment Inventory 2024
4. Ordinance
5. Resolution to Renew Ordinance
92
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use. Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance 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. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow 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. The bill would require the governing body to annually review the ordinance and to either 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 the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
ATTACHMENT 1
92
Ch. 406 — 2 —
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following: (a) The acquisition of military equipment and its deployment in our 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 incurment of significant financial costs. 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. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) 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.
— 3 — Ch. 406
92
(d) 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. (e) The 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. SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply: (a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following: (1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department. (3) A district attorney’s office. (4) A county probation department. (c) “Military equipment” means the following: (1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters,
Ch. 406 — 4 —
92
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight
— 5 — Ch. 406
92
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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 territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of
Ch. 406 — 6 —
92
the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) 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. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications
— 7 — Ch. 406
92
to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
Ch. 406 — 8 —
92
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would
— 9 — Ch. 406
92
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
Policy
704
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police
Department
Military Equipment - 1
Military Equipment
704.1 PURPOSE AND SCOPE
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).
704.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
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.
•TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
•Kinetic energy weapons and munitions.
•Any other equipment as determined by a governing body or a state agency to require
additional oversight.
ATTACHMENT 2
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police
Department
Military Equipment - 2
704.2 POLICY
It is the policy of the Los Gatos-Monte Sereno Police Department that members of this department
comply with the provisions of Government Code § 7071 with respect to military equipment.
704.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b)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 governing body.
(c)Conducting an inventory of all military equipment at least annually.
(d)Collaborating with any allied agency that may use military equipment within the
jurisdiction of Los Gatos-Monte Sereno Police Department (Government Code §
7071).
(e)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.
(f)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).
(g)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.
704.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here] See attachment: Military equipment inventory 2023 reporting.pdf
704.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body 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 governing body 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 governing body prior to engaging in any of the
following (Government Code § 7071):
Los Gatos-Monte Sereno Police Department
Los Gatos-Monte Sereno Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police
Department
Military Equipment - 3
(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 governing body.
(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.
704.6 COORDINATION WITH OTHER JURISDICTIONS
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.
704.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
submit a military equipment report to the governing body for each type of military equipment
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.
704.8 COMMUNITY ENGAGEMENT
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.
Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police
Department
Attachments - 4
Attachments
Attachment
Los Gatos-Monte Sereno Police Department Policy Manual
Copyright Lexipol, LLC 2024/08/22, All Rights Reserved.
Published with permission by Los Gatos-Monte Sereno Police
Department
Military equipment inventory 2023
reporting.pdf - 5
Military equipment inventory 2023 reporting.pdf
Military equipment inventory 2023 reporting.pdf
MILITARY EQUIPMENT INVENTORY
1. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:
This equipment is a battery powered, remote operated device. Equipped with two
cameras and two-way radio capabilities. This equipment is for (potential) use during
high-risk incidents. Use is limited to members of the Departments Crisis Response Unit.
Incidents that may qualify for its use include, but are not limited to, a high-risk warrant
service, barricaded subject, and hostage negotiation/rescue. Before entering a
structure, particularly in a tactically compromised and dangerous situation, knowledge
of a subject’s location is very important, and the robot can provide that without placing
anyone at risk. Cameras can also help determine if a subject is armed and if there are
other subjects inside that need assistance. The two-way speakers can be used to de-
escalate and determine resistance level.
I. Robotex Avatar Tactical Robot, cost: $12,389.21 quantity: 1.
b. Purpose:
To be used to remotely gain visual/audio data, deliver Crisis Negotiation Team (CNT)
phone, disrupt packages, and clear buildings.
c. Authorized Use:
Only assigned operators who have completed the required training shall be permitted to
operate the robot. Use is established by the Incident Commander. All other applicable
LGMSPD policies remain in effect, to include, but not limited to, LGMSPD Policy 309 –
Search and Seizure, LGPD Policy 404 – Crisis Response Unit (CRU) Team.
d. Expected Lifespan:
10-15 years
e. Fiscal Impact:
No known annual maintenance cost.
2. Unmanned Aerial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Skydio 2 pro is a small non- commercial grade UAV. This UAV is a battery powered,
remote operated device. Controller: Apple I pad. The controller allows the operators to
control UAV and view live feed from UAV-mounted camera. Camera: Sony IMX577
camera. The camera provides operators ability to switch between standard Flight time
of approximately 25-30 minutes per battery, depending on weather and flight
conditions. The UAV has also proven to be useful to public safety agencies in firefighting,
search and rescue, pre-operational surveillance, and other tactical situations where
aerial views enhance the safety and efficiency of law enforcement and fire personnel.
I. Skydio 2 Pro unmanned aerial vehicle (UAV), cost: $6,902.35 quantity: 1.
b. Purpose:
To be deployed when its view would assist officers or incident commanders with the
following situations, which include but are not limited to:
I. major collision investigations.
II. search for missing persons.
III. natural disaster management.
IV. crime scene photography.
V. CRU, tactical or other public safety and life preservation missions.
VI. In response to specific requests from local, state or federal fire
authorities for fire response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training shall be
permitted to operate the Skydio 2 pro during approved missions. All other
applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD
Policy 309 – Search and Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis Response
Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:
No known annual maintenance cost.
3. Specialized Firearms and Ammunition (Equipment Category 10)
a. Description, quantity, capabilities, and purchase cost:
The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at
various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine
fed, shoulder fired weapon, designed for semi-automatic & selective fire. The
Carbine Rifle does not have an expiration and will need to be serviced or replaced when
the rifle fails or breaks. 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.
I. Colt AR-15/M4, Lewis Machine & Tool AR-15, and Aero Precision AR-15, cost: $54,635
quantity:49
The Speer .223 Remington, 62 grain, GDSP cartridge is the primary duty ammunition
deployed during potential lethal encounters.
II. Speer .223 Remington, 62 grain GDSP cartridge, cost: $4,182.64, quantity: 7,000.
The Federal .223 Remington, 55 grain cartridge is the primary training ammunition for
the Department.
III. Federal .223 Remington, 55 grain cartridge, cost: $3,913.11, quantity: 9,000.
The Los Gatos-Monte Sereno Police Department Crisis Response Unit (CRU)
was formed in 1985, in response to very dangerous or violent tactical encounters. The
Sniper element deploys with precision rifles, which enables the stopping of an armed
subject at a safe distance. The Sniper Rifle does not have an expiration and will need to
be serviced or replaced when the Rifle fails or breaks. The .308 Winchester cartridge: is
a rimless, bottlenecked rifle cartridge. The .308 WIN. 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.
IV. Aero Precision 308 Rifle, cost: $5,362.80, quantity: 2.
The Federal .308 WIN., 168 grain tactical tip, cartridge is ammunition deployed during
potential lethal encounters at longer distances. The 168-grain projectile maintains
accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more
energy on target.
V. Federal .308 WIN., 168 grain tactical tip, cost: $1,716.00, quantity: 2,000.
The Federal .308 WIN., 168 grain tactical bonded cartridge is ammunition deployed
during potential lethal encounters, when shooting through barriers. The 168-grain
Tactical Bonded projectile is capable of accurately striking targets behind an angled
window or windshield, without the risk of unpredictable bullet deflection. Conventional
bullets break apart or fragment when penetrating glass, which does not allow an
accurate impact.
VI. Federal .308 WIN., 168 grain tactical bonded cartridge, cost: $1,520.00, quantity:
1,000.
b. Purpose:
To be used as precision weapons to address a threat with more precision and/or
greater distances than a handgun, if present and feasible.
c. Authorized Use:
Only members that are POST certified are authorized to use a particular rifle. All other
applicable LGMSPD policies remain in effect, to include, but not limited to, LGMSPD
Policy 300 – Use of Force, LGMSPD Policy 305 – Firearms Training and
Qualifications, LGMSPD Policy 404 – Crisis Response Unit (CRU)
d. Expected Lifespan:
I. Carbine Rifle – No expiration
II. The Speer .223 Remington, 62 grain, – No expiration
III. The Federal .223 Remington, 55 grain, – No expiration
IV. Sniper Rifles – No expiration
V. The Federal .308 WIN. Tactical Tip, 168 grain – No expiration
VI. The Federal .308 WIN Tactical Bonded Tip, 168 Grain- No expiration
e. Fiscal Impact:
I. Carbine Rifle – Annual cost between $0-$3,000
II. The Speer .223 Remington, 62 grain- Annual cost between $0-$6,000.
III. The Federal .223 Remington, 55 grain – Annual cost between $0 -$9,000.
IV. Sniper Rifle – Annual cost between $0-unknown for maintenance.
V. The Federal .308 WIN. Tactical Tip, 168 grain – Annual cost between $0 - $2,000.
VI. The Federal .308 WIN Tactical Bonded Tip, 168 Grain-Annual cost between $0-$2000.
4. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:
A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and
loud sound to temporarily divert the attention of subjects in the immediate area. NFDD
are used to distract and temporarily incapacitate dangerous suspects by overwhelming
their senses of vision and hearing. The distraction allows officers to seize a moment of
opportunity to take control of high-risk situations. Def Tech 11 Gr mini NFDD emits a
loud “bang” and a flash of light
I. Def Tech 11 Gr mini NFDD, cost: $2,612.50, quantity: 50
b. Purpose:
To produce atmospheric over-pressure and brilliant white light and, as a result,
can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to
give officers a tactical advantage.
c. Authorized Use:
Diversionary Devices shall only be used:
I. By CRU officers who have been trained in their proper use.
II. In hostage and barricaded subject situations.
III. In high-risk warrant (search/arrest) services where there may be extreme
hazards to officers.
IV. During other high-risk situations where their use would enhance officer safety.
V. During training exercises.
All other applicable LGMSPD policies remain in effect, to include, but not limited to,
LGMSPD Policy 300 – Use of Force, LGMSPD Policy 404 – Crisis Response Unit.
d. Expected Lifespan:
Def Tech 11-gram mini NFDD – 5 years
e. Fiscal Impact:
Def Tech 11 Gram mini NFDD – Annual cost between $0 - $2,612.50
5. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas,” are
used by the Los Gatos-Monte Sereno Police Department as a non-lethal tool to disperse
rioting subjects and on barricaded suspects. The Los Gatos-Monte Sereno Police
Department uses chemical agents which are used by law enforcement across the United
States: CS (2-Chlorobenzylidenemalononitrile)and OC (Oleoresin Capsicum)CS is an
irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has
been medically tested in the UK and US, specifically 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 civilians to legally possess (2.5oz or less). OC is an
inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and
respiratory inflammation (subsides in approximately 2 minutes).
I. Def Tech handheld OC/CS canisters, model #1050 Cost: $ 361.50, quantity: 6
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited
or undesirable. Situations for use of the less lethal weapon systems may include,
but are not limited to:
I. Self-destructive, dangerous and/or combative individuals.
II. Riot/crowd control and civil unrest incidents.
III. Circumstances where a tactical advantage can be obtained.
IV. Potentially vicious animals.
V. Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certification in the use of chemical agents
are authorized to use chemical agents. All other applicable LGMSPD policies remain
in effect, to include, but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD
Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
Def Tech handheld OC/CS canisters, model #1050 – 5 years
e. Fiscal Impact:
Def Tech handheld OC/CS canisters, model #1050 – estimated between $0 and $450
annually
6. Projectile Launch platforms and associated munitions (Category 14)
a. Description, quantity, capabilities, and purchase cost:
The Lewis Machine & Tool Launcher is not a firearm, but a Less-Lethal systems that uses
smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal
launcher is capable of launching 40MM munitions at a subject up to 25 yards. The Less-
Lethal launcher is a single launcher, which allows the Officer to assess after every spent
munition. Less-Lethal launcher does not have an expiration and will need to be serviced
or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact
Spin Stabilized Smokeless Sponge Munition. The Sponge Baton and Impact OC munition
is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.
Liquid Ferret Barricade munition are a less lethal 40mm round that is used to penetrate
barriers such as windows, hollow core doors, wallboard, and thin plywood.
I. Lewis Machine & Tool Launcher, cost: $4,514.55. quantity: 5
II. Def Tech 40mm Direct Impact Sponge #6325, cost: $360.00 quantity: 20
III. Def Tech 40mm Direct Impact OC #6320LE, cost: $315.00, quantity: 15
IV. Def Tech 40mm CS liquid ferret rounds, model #1262, cost: $72.00, quantity: 3
V. Def Tech 40mm CS powder rounds, model #1292, cost: $ 120.00, quantity: 5
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited
or undesirable.
c. Authorized Use:
Situations for use of the less lethal weapon systems may include, but are not
limited to:
I. Self-destructive, dangerous and/or combative individuals.
II. Riot/crowd control and civil unrest incidents.
III. Circumstances where a tactical advantage can be obtained.
IV. Potentially vicious animals.
V. Training exercises or approved demonstrations.
All other applicable LGMSPD policies remain in effect, to include, but not limited to,
LGMSPD Policy 300 – Use of Force.
d. Expected Lifespan:
I. 40mm Launcher: No expiration
II. 40mm Sponge Round: 5 years
III. 40mm OC: 5 years
IV.40mm CS liquid ferret rounds: 5years
V. 40mm CS powder: 5 years
e. Fiscal Impact:
I. 40mm Launcher: estimated between $0 and $5,000.00 annually
II. 40mm Sponge Round: estimated between $0 and $500.00 annually
III. 40mm Direct Impact OC: estimate between $0 and $300.00 annually
IV. 40mm CS liquid ferret rounds: estimate between $0 and $360.00 annually
V. 40mm CS powder rounds: estimate between $0 and $360.00
2024 MILITARY EQUIPMENT INVENTORY
1
2024 MILITARY EQUIPMENT INVENTORY
Los Gatos Monte Sereno Police Department
Prior year (April 1, 2023 to September 17, 2024) usage summary, complaints
received, audits and actions taken as a result.
The quantities associated with each item may have changed from the previous
year due to training usage. The drone was used for critical incident
infrastructure reconnaissance, missing persons cases and to assist with
perimeter checks of expansive locations. There were no complaints received
regarding this equipment. No internal or external audits were conducted or
required as a result of not receiving complaints. There were no actions taken as
a result. The items categories and types remain the same from the previous
year.
1.Robot (Category 1)
a.Description, quantity, capabilities, and purchase cost:
The Robotex Avatar Tactical Robot is a battery powered, remote
operated device. Equipped with two cameras and two-way radio
capabilities. This equipment is for (potential) use during high-risk
incidents. Use is limited to members of the Departments Crisis
Response Unit. Incidents that may qualify for its use include, but
are not limited to, a high-risk warrant service, barricaded subject,
and hostage negotiation/rescue. Before entering a structure,
particularly in a tactically compromised and dangerous situation,
knowledge of a subject’s location is very important, and the robot
can provide that without placing anyone at risk. Cameras can also
help determine if a subject is armed and if there are other subjects
inside that need assistance. The two-way speakers can be used to
de- escalate and determine resistance level.
ATTACHMENT 3
2024 MILITARY EQUIPMENT INVENTORY
2
i. Robotex Avatar Tactical Robot, cost: $12,389.21 quantity:
1
b. Purpose:
To be used to remotely gain visual/audio data, deliver Crisis
Negotiation Team (CNT) phone, disrupt packages, and clear
buildings.
c. Authorized Use:
Only assigned operators who have completed the required training
shall be permitted to operate the robot. Use is established by the
Incident Commander. All other applicable LGMSPD policies
remain in effect, to include, but not limited to, LGMSPD Policy 309
– Search and Seizure, LGPD Policy 404 – Crisis Response Unit
(CRU) Team.
d. Expected Lifespan:
10-15 years
e. Fiscal Impact:
No known annual maintenance cost.
2. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Skydio 2 is a small non- commercial grade UAV. This UAV is a
battery powered, remote operated device. Controller: Apple I pad.
The controller allows the operators to control UAV and view live
feed from UAV-mounted camera. Camera: Sony IMX577 camera.
Flight time of approximately 25-30 minutes per battery, depending
on weather and fiight conditions. The UAV has also proven to be
useful to public safety agencies in flreflghting, search and rescue,
pre-operational surveillance, and other tactical situations where
aerial views enhance the safety and efficiency of law enforcement
and flre personnel.
2024 MILITARY EQUIPMENT INVENTORY
3
i. Skydio 2 unmanned aerial vehicle (UAV),
cost: $6,902.35 quantity: 1.
b. Purpose:
To be deployed when its view would assist officers or incident
commanders with the following situations, which include but are
not limited to:
i. Major collision investigations.
ii. Search for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Crisis Response Unit (CRU), tactical or other public safety
and life preservation missions.
vi. In response to speciflc requests from local, state or federal
flre authorities for flre response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training
shall be permitted to operate the Skydio 2 during approved
missions. All other applicable LGMSPD policies remain in effect, to
include, but not limited to, LGMSPD Policy 309 – Search and
Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy
404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:
No known annual maintenance cost.
3. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The DJI Mavic 3T is a small non-commercial grade UAV. This UAV is
battery powered, remote operated device. Controller: DJI RC Pro. The
controller allows the pilots to control the UAV and view live feed from
a UAV-mounted camera. Camera: DJI wide/zoom/thermal camera.
2024 MILITARY EQUIPMENT INVENTORY
4
The camera provides the pilots the ability to switch between a wide
camera view, zoom camera view, and a thermal camera view. UAV
fiight time of approximately 25-35 minutes depending on weather and
fiight conditions. The DJI Mavic 3T has been proven to be useful to
public safety in flreflghting, search and rescue, per-operation
surveillance, and other tactical situation where aerial views enhance
the safety and efficiency of law enforcement and flre personnel.
i. The DJI Mavic 3T unmanned aerial vehicle (UAV),
cost: $8,702.35 quantity: 3.
b. Purpose:
To be deployed when its view would assist officers or incident
commanders with the following situations, which include but are
not limited to:
i. Major collision investigations.
ii. Search for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. Crisis Response Unit (CRU), tactical or other public safety
and life preservation missions.
vi. In response to speciflc requests from local, state or federal
flre authorities for flre response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training
shall be permitted to operate the DJI Mavic 3T during approved
missions. All other applicable LGMSPD policies remain in effect, to
include, but not limited to, LGMSPD Policy 309 – Search and
Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD
Policy 608 – Unmanned Aerial System Operations, LGMSPD Policy
404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:
No known annual maintenance cost.
2024 MILITARY EQUIPMENT INVENTORY
5
4. Unmanned Aerial Vehicle (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The DJI Mini 3 Pro is a small non-commercial grade UAV. This UAV is
battery powered, remote operated device. Controller: Google Pixel
phone. The controller allows the pilots to control the UAV and view
live feed from a UAV-mounted camera. Camera: DJI wide/zoom. The
camera provides the pilots the ability to switch between a wide
camera view and zoom camera view. UAV fiight time of approximately
35-45 minutes depending on weather and fiight conditions. The Mini
3 Pro has been proven to be useful to public safety in interior tactical
situations where unmanned views enhance the safety and efficiency
of law enforcement personnel.
i. The DJI Mini 3 Pro unmanned aerial vehicle (UAV), cost:
$1,584.35 quantity: 3.
b. Purpose:
To be deployed when its view would assist officers or incident
commanders with the following situations, which include but are
not limited to:
i. Search for missing persons.
ii. Natural disaster management.
iii. Crime scene photography.
iv. Crisis Response Unit (CRU), tactical or other public safety
and life preservation missions.
c. Authorized Use:
Only assigned pilots who have completed the required training shall
be permitted to operate the DJI Mini 3 Pro during approved missions.
All other applicable LGMSPD policies remain in effect, to include, but
are not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD
Policy 314 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial
System Operations, LGMSPD Policy 404 – Crisis Response Unit
(CRU).
2024 MILITARY EQUIPMENT INVENTORY
6
d. Expected Lifespan:
5 years
e. Fiscal Impact:
No known annual maintenance cost.
5. Unmanned Aerial Vehicle – Proposed Purchase (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The DJI Matrice 30T is a medium commercial grade UAV. This UAV is
battery powered, remote operated device. Controller: DJI RC Plus w/
7” screen. The controller allows the pilots to control the UAV and view
live feed from a UAV-mounted camera. Camera: DJI
wide/zoom/thermal. The camera provides the pilots the ability to
switch between a wide camera view, zoom camera view, and thermal
view. UAV fiight time of approximately 35-45 minutes depending on
weather and fiight conditions. The Matrice 30T has been proven to be
useful to public safety in flreflghting, search and rescue, per-
operation surveillance, and other tactical situation where aerial views
enhance the safety and efficiency of law enforcement and flre
personnel.
i. The DJI Matrice 30T unmanned aerial vehicle (UAV),
cost: $14,063.99 quantity: 1.
b. Purpose:
To be deployed when its view would assist officers or incident
commanders with the following situations, which include but are
not limited to:
i. Flying in all weather conditions.
ii. Major collision investigations.
iii. Search for missing persons.
iv. Natural Disaster Management.
v. Crime scene photography.
vi. Crisis Response Unit (CRU), tactical or other public safety
and life preservation missions.
2024 MILITARY EQUIPMENT INVENTORY
7
vii. In response to speciflc requests from local, state or federal
flre authorities for flre response and/or prevention.
c. Authorized Use:
Only assigned pilots who have completed the required training shall
be permitted to operate the DJI Matrice 30T during approved
missions. All other applicable LGMSPD policies remain in effect, to
include, but are not limited to, LGMSPD Policy 309 – Search and
Seizure, LGMSPD Policy 314 – Missing Persons, LGMSPD Police 608 –
Unmanned Aerial System Operations, LGMSPD Policy 404 – Crisis
Response Unit (CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:
This is a proposed purchase to replace the Skydio 2 as the Skydio 2
has been determined to be antiquated and this asset has all the
same functionality, and much more: including accident and crime
scene reconstruction as well as improved imaging capabilities and
the ability to fiy in all weather conditions. There is no known annual
maintenance cost.
6. Unmanned Aerial Vehicle – Proposed Purchase (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The DJI Avata is a small non-commercial grade UAV. This UAV is
battery powered, remote operated device. Controller: Virtual goggles
and motion controller. The controller allows the pilots to control the
UAV and view live feed from a UAV-mounted camera. Camera: DJI 4K
wide view. UAV fiight time of approximately 15-18 minutes depending
on weather and fiight conditions. The Avata has been proven to be
useful to public safety in interior tactical situations where unmanned
views enhance the safety and efficiency of law enforcement
personnel.
2024 MILITARY EQUIPMENT INVENTORY
8
i. The DJI Avata unmanned aerial vehicle (UAV),
cost: $1,934.00 quantity: 1.
b. Purpose:
To be deployed when its view would assist officers or incident
commanders with the following situations, which include but are
not limited to:
i. Search for missing persons.
ii. Natural Disaster Management.
iii. Crime scene photography.
iv. Crisis Response Unit (CRU), tactical or other public safety
and life preservation missions.
c. Authorized Use:
Only assigned pilots who have completed the required training shall
be permitted to operate the DJI Avata during approved missions. All
other applicable LGMSPD policies remain in effect, to include, but are
not limited to, LGMSPD Policy 309 – Search and Seizure, LGMSPD
Policy 314 – Missing Persons, LGMSPD Police 608 – Unmanned Aerial
System Operations, LGMSPD Policy 404 – Crisis Response Unit
(CRU).
d. Expected Lifespan:
5 years
e. Fiscal Impact:
This is a proposed purchase to replace the DJI Mini 3 Pro as the DJI
Mini 3 Pro has been determined to be antiquated and this asset has
all the same functionality, and much more including improved
maneuverability. There is no known annual maintenance cost.
7. Specialized Firearms and Ammunition (Category 10)
a. Description, quantity, capabilities, and purchase cost:
The Carbine Rifie is a flrearm, capable of accurately stopping an
armed subject at various distances. The Carbine Rifie is a
lightweight, air-cooled, gas operated, magazine fed, shoulder flred
weapon, designed for semi-automatic & selective flre. The Carbine
2024 MILITARY EQUIPMENT INVENTORY
9
Rifie does not have an expiration and will need to be serviced or
replaced when the rifie fails or breaks. 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.
i. Colt AR-15/M4, Lewis Machine & Tool AR-15, and Aero
Precision AR-15, cost: $55,750 quantity: 50
ii. The Speer .223 Remington, 62 grain, GDSP cartridge is the
primary duty ammunition deployed during potential lethal
encounters. Speer .223 Remington, 62 grain GDSP
cartridge, cost: $6572.64, quantity: 11,000.
iii. The Federal .223 Remington, 55 grain cartridge is the
primary training ammunition for the Department. Federal
.223 Remington, 55 grain cartridge, cost: $4,782.69
quantity: 11,000.
iv. The Los Gatos-Monte Sereno Police Department Crisis
Response Unit (CRU) was formed in 1985, in response to
very dangerous or violent tactical encounters. The Sniper
element deploys with precision rifies, which enables the
stopping of an armed subject at a safe distance. The Sniper
Rifie does not have an expiration and will need to be
serviced or replaced when the Rifie fails or breaks. The .308
Winchester cartridge: is a rimless, bottlenecked rifie
cartridge. The .308 WIN. 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. Aero Precision 308 Rifie, cost: $5,362.80,
quantity: 2.
v. The Federal .308 WIN., 168 grain tactical tip, cartridge is
ammunition deployed during potential lethal encounters at
longer distances. The 168-grain projectile maintains
accuracy, while resulting in higher impact velocities, less
2024 MILITARY EQUIPMENT INVENTORY
10
drop, less wind drift, and more energy on target. Federal
.308 WIN., 168 grain tactical tip, cost: $2,145.00, quantity:
2,500.
vi. The Federal .308 WIN., 168 grain tactical bonded cartridge
is ammunition deployed during potential lethal
encounters, when shooting through barriers. The 168-grain
Tactical Bonded projectile is capable of accurately striking
targets behind an angled window or windshield, without the
risk of unpredictable bullet defiection. Conventional
bullets break apart or fragment when penetrating glass,
which does not allow an accurate impact. Federal .308
WIN., 168 grain tactical bonded cartridge, cost: $1,216.00,
quantity: 800.
b. Purpose:
To be used as precision weapons to address a threat with more
precision and/or greater distances than a handgun, if present and
feasible.
c. Authorized Use:
Only members that are POST certifled are authorized to use a
particular rifie. All other applicable LGMSPD policies remain in
effect, to include, but not limited to, LGMSPD Policy 300 – Use of
Force, LGMSPD Policy 305 – Firearms Training and Qualiflcations,
LGMSPD Policy 404 – Crisis Response Unit (CRU)
d. Expected Lifespan:
i. Carbine Rifie – No expiration
ii. Speer .223 Remington, 62 grain, – No expiration
iii. Federal .223 Remington, 55 grain, – No expiration
iv. Sniper Rifies – No expiration
v. Federal .308 WIN. Tactical Tip, 168 grain – No expiration
vi. Federal .308 WIN Tactical Bonded Tip, 168 Grain- No
expiration
2024 MILITARY EQUIPMENT INVENTORY
11
e. Fiscal Impact:
i. Carbine Rifie – Annual cost between $0-$3,000
ii. Speer .223 Remington, 62 grain- Annual cost between $0-
$6,000.
iii. Federal .223 Remington, 55 grain – Annual cost between $0
-$9,000.
iv. Sniper Rifie – Annual cost between $0-unknown for
maintenance.
v. Federal .308 WIN. Tactical Tip, 168 grain – Annual cost
between $0 - $2,000.
vi. Federal .308 WIN Tactical Bonded Tip, 168 Grain-Annual
cost between $0-$2000.
8. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:
A Noise Flash Diversionary Devices (NFDD) is a device that creates
a bright fiash and loud sound to temporarily divert the attention of
subjects in the immediate area. NFDD are used to distract and
temporarily incapacitate dangerous suspects by overwhelming
their senses of vision and hearing. The distraction allows officers
to seize a moment of opportunity to take control of high-risk
situations. Def Tech 11 Gr mini NFDD emits a loud “bang” and a
fiash of light.
i. Def Tech 11 Gr mini NFDD, cost: $2,403.50, quantity: 46
b. Purpose:
To produce atmospheric over-pressure and brilliant white light and,
as a result, can cause short-term (6 - 8 seconds) physiological /
psychological sensory deprivation to give officers a tactical
advantage.
c. Authorized Use:
Diversionary Devices shall only be used:
i. By CRU officers who have been trained in their proper use.
2024 MILITARY EQUIPMENT INVENTORY
12
ii. In hostage and barricaded subject situations.
iii. In high-risk warrant (search/arrest) services where there
may be extreme hazards to officers.
iv. During other high-risk situations where their use would
enhance officer safety.
v. During training exercises.
All other applicable LGMSPD policies remain in effect, to include,
but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD
Policy 404 – Crisis Response Unit.
d. Expected Lifespan:
Def Tech 11-gram mini NFDD – 5 years
e. Fiscal Impact:
Def Tech 11 Gram mini NFDD – Annual cost between $0 - $2,403.50
9. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as
“tear gas,” are used by the Los Gatos-Monte Sereno Police
Department as a non-lethal tool to disperse rioting subjects and on
barricaded suspects. The Los Gatos-Monte Sereno Police
Department uses chemical agents which are used by law
enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum)
CS is an irritating agent and lachrymator (irritates the eyes and
causes tears to fiow). CS has been medically tested in the UK and
US, speciflcally 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 civilians to legally possess
(2.5oz or less). OC is an infiammatory agent which causes
involuntary closure of eyes (open in 2-5 minutes) and respiratory
infiammation (subsides in approximately 2 minutes).
2024 MILITARY EQUIPMENT INVENTORY
13
i. Def Tech handheld OC/CS canisters, model #1050 Cost: $
301.25, quantity: 5
b. Purpose:
To limit the escalation of confiict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be
obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certiflcation in the use of
chemical agents are authorized to use chemical agents. All
other applicable LGMSPD policies remain in effect, to include,
but not limited to, LGMSPD Policy 300 – Use of Force, LGMSPD
Policy 404 – Crisis Response Unit (CRU).
d. Expected Lifespan:
i. Def Tech handheld OC/CS canisters, model #1050 – 5 years
e. Fiscal Impact:
Def Tech handheld OC/CS canisters, model #1050 – estimated
between $0 and $450 annually
10. Projectile Launch Platforms and Associated Munitions (Category 14)
a. Description, quantity, capabilities, and purchase cost:
The Lewis Machine & Tool Launcher is not a flrearm, but a Less-Lethal
systems that uses smokeless powder to deliver 40MM projectiles from a
safe distance. The Less-Lethal launcher can launch 40MM munitions at
a subject up to 25 yards. The Less-Lethal launcher is a single launcher,
which allows the Officer to assess after every spent munition. Less-
Lethal launcher does not have an expiration and will need to be serviced
2024 MILITARY EQUIPMENT INVENTORY
14
or replaced when the launcher fails or breaks. The 40MM munition is a
Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge
Baton and Impact OC munition is used as a Less-Lethal weapon
designed to de-escalate a potentially violent encounter. Liquid Ferret
Barricade munition is a less lethal 40mm round that is used to penetrate
barriers such as windows, hollow core doors, wallboard, and thin
plywood.
i. Lewis Machine & Tool Launcher, cost: $9,932.01. quantity: 11
ii. Def Tech 40mm Direct Impact Sponge #6325, cost:
$1710.00 quantity: 95
iii. Def Tech 40mm Direct Impact OC #6320LE, cost: $525.00,
quantity: 25
iv. Def Tech 40mm CS powder ferret rounds, model #1262,
cost: $192.00, quantity: 8
v. Def Tech 40mm CS powder rounds, model #1292, cost:
$192.00, quantity: 8
b. Purpose:
To limit the escalation of confiict where employment of lethal force
is prohibited or undesirable.
c. Authorized Use:
Situations for use of the less lethal weapon systems may include, but
are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
All other applicable LGMSPD policies remain in effect, to include, but
not limited to, LGMSPD Policy 300 – Use of Force.
d. Expected Lifespan:
i. 40mm Launcher: No expiration
ii. 40mm Sponge Round: 5 years
iii. 40mm OC: 5 years
2024 MILITARY EQUIPMENT INVENTORY
15
iv. 40mm CS powder ferret rounds: 5 years
v. 40mm CS powder: 5 years
e. Fiscal Impact:
i. 40mm Launcher: estimated between $0 and $11,473.00
annually
ii. Def Tech 40mm Direct Impact Sponge #6325: estimated
between $0 and $1,710.00 annually
iii. Def Tech 40mm Direct Impact OC #6320LE: estimated
between $0 and $525.00 annually
iv. Def Tech 40mm CS powder ferret rounds, model #1262:
estimated between $0 and $192.00 annually
v. Def Tech 40mm CS powder rounds, model #1292:
estimated between $0 and $192.00 annually
ORDINANCE 2329
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, STATE OF
CALIFORNIA, ADDING ARTICLE III TO CHAPTER 21 TO THE TOWN CODE GOVERNING
THE USE OF MILITARY EQUIPMENT BY THE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly
Bill 481, (creating Government Code Section 7070, et seq.) relating to the use of military
equipment by law enforcement agencies; and
WHEREAS, Assembly Bill No. 481 ("AB 481"), requires law enforcement agencies to obtain
approval of the applicable governing body, by an ordinance adopting a "military equipment" use
policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions
relating to the funding, acquisition, or use of military equipment. The term "military equipment"
is defined in California Government Code section 7070; and
WHEREAS, AB 481 allows the governing body of a Town to approve the funding,
acquisition, or use of military equipment within its jurisdiction only if it makes specified
determinations; and
WHEREAS, the proposed Military Equipment Use Policy is attached hereto as Exhibit "A"
and incorporated herein by this reference (the "Military Equipment Use Policy"); and
WHEREAS, the proposed Military Equipment Use Policy was published on the Los Gatos
Police Department's internet website on March 3, 2022, more than 30 days before the Military
Equipment Use Policy was considered at a public hearing before the Town Council on April 5,
2022;and
WHEREAS, the Military Equipment Use Policy meets the requirements of California
Government Code section 7070, subdivision (d).
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I: That a new Article Ill is added to Chapter 21 (entitled "Police") of the Town
Code of the Town of Los Gatos to read as follows:
CHAPTER 21, ARTICLE Ill. -MILITARY EQUIPMENT USE POLICY.
Sec. 21.30.010 -Findings and Purpose.
(a)The Town Council has made the following determinations:
1 of 3
Ordinance 2329 April 29, 2022
ATTACHMENT 4
(1)The military equipment inventoried and presented to the Town Council is
necessary because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety; and
(2)The Military Equipment Use Policy ("Policy") will safeguard the public's
welfare, safety, civil rights, and civil liberties; and
(3)The military equipment identified in the Military Equipment Use Policy is
reasonably cost effective compared to available alternatives that can achieve the
same objective of Officer and civilian safety; and
(4)Prior military equipment use complied with the applicable Equipment Use
Policy (which included equipment now defined as military equipment) 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.
(b)The Police Department has submitted a proposed Policy to the Town Council and has
made those documents available on the Police Department's website for at least 30 days
prior to the public hearing concerning the military equipment at issue.
(c)The Policy was considered by the Town Council as an agenda item in an open session
of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public
comment was permitted.
(d)The Policy shall be made publicly available on the Police Department's website for as
long as the military equipment is available for use.
(e)The Police Department shall submit an annual military equipment report to the Town
Council, containing the information required in Government Code Section 7072, and the
Town Council shall determine whether each type of military equipment identified in that
report has complied with the standards for approval set forth in (a}{l}-(4) above.
(f)The Town Council shall review this ordinance, and vote on whether to renew it, on an
annual basis at a regular meeting, in accordance with Government Code Section
7071(e}{2)
(g)The Town Council approves the use of the Policy and finds that it satisfies the
requirements of Government Code Section 7070{d)."
SECTION II. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section
15378 of the California Environmental Quality Act {CEQA) Guidelines because it has no potential
to result in physical change in the environment, directly or indirectly. This Ordinance is also
exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment.
2 of 3
Ordinance 2329 April 29, 2022
SECTION Ill. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance or its application to other persons
and circumstances. The Town Council of the Town of Los Gatos declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion
thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases,
or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are
hereby declared to be severable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance was introduced at a
regular meeting of the Town Council of the Town of Los Gatos on the 5th day of April 2022 and
adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of
the Town Council of the Town of Los Gatos on the 19th day of April 2022. This ordinance takes
effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within
fifteen (15) days after its passage a summary of the ordinance may be published at least five (5)
days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall
be posted in the office of the Town Clerk, pursuant to GC 36933(c)(l).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of April 2022, by the following vote:
AYES
NAYS:
Mary Badame, Matthew Hudes, Maria Ristow, Marico Sayoc, Mayor Rob Rennie
None
ABSENT: None
ABSTAINING: None
ATTEST:
��t�
TOWl\l CLERK OF THE TOWN OF LOS GATOS
LOS GA"!/S!CALIF�RNIA
DATE: p)Q cx.0-;}."J.. ,-I
Ordinance 2329
3 of 3
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFO��IA
DA TED: 'i I ;l? 11?-d-,
April 29, 2022
1 of 2
Resolution September 17, 2024
RESOLUTION _________
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, RENEWING ITS ORDINANCE GOVERNING THE USE OF MILITARY EQUIPMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly
Bill 481 ("AB 481 "), adding Chapter 12.8, "Funding, Acquisition and Use of Military Equipment",
to Division 7 of Title 1 of the Government Code (sections 7070 - 7075), relating to the use of
military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for
meaningful public input on decisions regarding whether and how military equipment is funded,
acquired, or used; and
WHEREAS, AB 481 requires, inter alia, the Police Department submit to the Town
Council an annual military equipment report for each type of military equipment approved by
the Town Council; and
WHEREAS, the Town has codified its “Military Equipment Use Policy” in Chapter 21,
Article III, of the Town Code; and
WHEREAS, Town Code Section 21.30.010 sets forth the standards for approval of the
use of military equipment; and
WHEREAS, the Town Council shall review its Ordinance approving the funding,
acquisition, or use of military equipment at least annually and vote on whether to renew the
Ordinance at a regular meeting; and
WHEREAS, the Town Council shall determine, based on the annual military
equipment report submitted, whether each type of military equipment identified in that report
has complied with the standards for approval set forth in its Ordinance; and
WHEREAS, the Town Council has reviewed the annual military report submitted by
the Police Department and determined the military equipment has complied with the
standards for approval set forth in its Ordinance; and
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. The above recitals are true and correct and are substantial part of this
resolution.
ATTACHMENT 5
2 of 2
Resolution September 17, 2024
SECTION 2. The Town Council determines that the military equipment identified in the
annual military equipment report complies with the standards for approval set forth in Town
Code Section 21.30.010.
SECTION 3. Town of Los Gatos Ordinance No. 2329 is hereby renewed.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of September, 2024, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
___________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
_____________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA