Title
Recommendation to Accept the 2024 Annual Military Equipment Use Report for the Alameda Police Department and Continue to Allow the Department to Use and Maintain the Equipment Previously Adopted. (Police 10031100)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Effective January 1, 2022, Assembly Bill 481 (AB 481) requires:
1) A law enforcement agency to obtain approval from its governing body to enact a Military Equipment Use Policy by ordinance before purchasing, using, raising funds for, or acquiring military equipment; and
2) A law enforcement agency to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body for as long as the military equipment is available for use.
The City of Alameda (City) Police Department (APD) is submitting this 2024 report to educate the community, report to the City Council, and comply with the requirements outlined in AB 481.
APD has publicized a community engagement meeting to be held on April 9, 2025, to discuss this report and to field questions from the community regarding the funding, acquisition, and use of military equipment.
BACKGROUND
On July 7, 2022, City Council reviewed an APD draft policy and approved APD’s Military Equipment Use Policy. This action allowed APD to continue using the equipment and allowed neighboring police agencies to use military equipment within our jurisdiction when providing mutual assistance during exigent circumstances. On March 4, 2025, City Council approved a revision to APD’s Military Equipment Use Policy. (See Exhibit 1). And on June 4, 2024, City Council approved the acquisition of uncrewed aerial systems (UAS).
DISCUSSION
AB 481 specifies that the Annual Military Equipment Report includes six main categories:
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 the violation(s) 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.
See Government Code § 7072(a).
How the Military Equipment was Used and the Purpose of Its Use
The City Council directed staff to publish the use of military equipment on APD’s website. All reports can be found at: <https://www.alamedaca.gov/Departments/Police-Department/AB-481-Policy-and-Use-of-Equipment>. As previously discussed with City Council, the use of UAS will also be published on APD's website to provide transparency for the public. The UAS training was completed in March 2025 and therefore, there was no use of UAS during the 2024 reporting period.
In 2024, APD deployed the Emergency Response Vehicle (ERV) seven times to provide ballistic protection for high-risk operations and once to stage the vehicle for a special event. APD also discharged an AR-15 rifle on one occasion to apprehend a potentially dangerous animal. Events are summarized below in chronological order (See Exhibit 2).
1) 24-00027: Alameda Police personnel used the ERV in the City of Alameda to arrest a barricaded and potentially armed burglary suspect.
2) 24-02563: Alameda Police personnel discharged an AR-15 rifle in the City of Alameda to apprehend a dog that had mauled its owners.
3) 24-04000: US Marshals Service Fugitive Task Force personnel used the ERV in the City of Hayward to conduct a high-risk arrest operation.
4) 24-03257: US Marshals Service Fugitive Task Force personnel used the ERV in the City of Pittsburg for a high-risk arrest operation.
5) July 4, 2024: Alameda Police personnel deployed the ERV in the City of Alameda for the 4th of July Parade and staged it out of view.
6) 24-06024: US Marshals Service Fugitive Task Force personnel used the ERV in the City of Tracy for a high-risk arrest operation.
7) 24-06441: US Marshals Service Fugitive Task Force personnel used the ERV in the City of Oakland for a high-risk arrest operation.
8) 24-07825: Alameda Police personnel used the ERV in the City of Alameda to contact an armed and barricaded subject.
Complaints or Concerns Received
There were no complaints specific to the deployment of the ERV or rifle. However, six comments pertaining to military equipment were submitted through APD’s website. The comments are attached to this report. The submitters’ information have been redacted. (See Exhibit 3)
Audit Results and Reports of Violations of Military Equipment and Actions Taken
An equipment audit was completed in December 2024 and all equipment was accounted for and confirmed to be in its assigned storage areas. An audit of the use of the ERV determined the deployment for the 4th of July Parade was not reported as required by APD Policy 409.3. The Commander overseeing the operation received additional training and corrective action. APD received no reports of violations of military equipment.
Total Cost and Funding Source
The total cost associated with military equipment in 2024 was $188,597.13 and included:
• Maintenance and emissions testing for the ERV: $526.14
• Purchase of uncrewed aerial systems: $124,562.74
• Purchase of .223 ammunition: $16,179
• Training on the handling and use of semi-automatic rifles*: $47,329.25
o APD personnel collectively received 440 hours of training. SWAT Personnel, consisting of five officers and three sergeants, collectively trained for 160 hours while all other in-service sworn personnel, consisting of 49 officers and seven sergeants, collectively trained for 280 hours.
*Accounting for training costs is fluid, as personnel, their ranks, and assignments change throughout the year. Costs were calculated using a total compensation rate of $103.76 per hour for officers and $121.39 per hour for sergeants.
Quantities of Each Type of Military Equipment
An equipment inventory is attached to this report. (See Exhibit 4)
Intent to Acquire Additional Military Equipment
APD intends to acquire .223 caliber and .308 caliber ammunition to replenish inventory and to be able to conduct required training. APD also intends to purchase additional 40mm foam projectiles to be used for training at the police academy and noise-flash diversionary devices for in-service SWAT training. These items are all currently listed in APD’s inventory (Exhibit 4) and are authorized in the Military Equipment Policy previously approved by City Council (Exhibit 1).
ALTERNATIVES
• Accept the Annual Military Equipment Use Report
• Do not accept the Annual Military Equipment Use Report
FINANCIAL IMPACT
There is no financial impact from accepting or rejecting the Annual Military Equipment Report.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and Government Code § 7072 (AB 481).
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
No identifiable climate impacts or climate action opportunities are associated with the subject of this report.
RECOMMENDATION
Accept the 2024 annual military equipment use report for the Alameda Police Department and continue to allow the department to use and maintain the equipment previously adopted.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Alan Kuboyama, Police Captain
Financial Impact section reviewed,
Ross McCarthy, Acting Finance Director
Exhibits:
1. Military Equipment Policy
2. Deployment List
3. Feedback Submissions
4. Weapon Inventory, Equipment and Maintenance Costs