To: Honorable Mayor and Members of City Council
From: Fabio Rodriguez, Chief of Police
Prepared By: Omar Salem, Police Lieutenant
TITLE:
Title
Police Military Equipment Use Policy - Annual Report, Request to Purchase Equipment, and Ordinance Renewal
LABEL
RECOMMENDED ACTION:
Recommendation
(1) Receive and file the Napa Police Department’s 2024 and 2025 AB 481 Annual Military Equipment Reports, pursuant to Government Code §7072(a); and
(2) approve first reading and introduction of an ordinance (1) approving the updated Police Military Equipment Use Policy and new equipment requests in accordance with California Government Code Sections 7070 through 7075; and (2) to receive the annual Military Equipment Reports pursuant to Government Code Section 7072 and determining that all equipment identified in the reports complies with Government Code Sections 7071(e) as required by Government Code Section 7071(d); and
(3) direct the Chief of Police to hold at least one well-publicized, conveniently located community engagement meeting within 30 days of public release of the annual reports, consistent with Government Code §7072(b); and
(4) Receive the report of acquisitions already completed as identified in each report’s “Section 4,” and direct staff to reflect those purchases in the next AB 481 annual report while authorizing ongoing use, training, and maintenance under Policy 706.
Body
DISCUSSION:
Assembly Bill 481 (Gov. Code §§7070-7075) requires agencies to maintain a governing-body-approved military equipment use policy by ordinance, post the policy online, submit annual reports with specified content (use/purpose, complaints, audits/violations/corrective actions, total annual costs and next-year funding source, quantities possessed, and quantity sought), and conduct an annual governing-body review/renewal. This agenda item presents the Napa Police Department’s 2024 and 2025 annual reports for Council alongside the required ordinance renewal.
Adoption and approval of the ordinance and equipment items are required to permit the Napa Police Department (NPD) to continue using vital equipment it currently owns, acquire and maintain equipment and ammunition required for continued training and use in the field.
Equipment defined as “military equipment” by Government Code Section 7070 has been successfully used by NPD, Napa County Sheriff’s Department, and Law Enforcement Agencies (LEAs) across California and the United States for several decades. These tools have been used locally in Napa and many other jurisdictions to efficiently and safely prevent, defuse, and control potentially dangerous and deadly encounters, as well as avoid potential uses of lethal force. These tools enhance citizen safety and officer safety. NPD strongly believes that the loss of this equipment and its related capabilities would unnecessarily jeopardize the welfare of citizens, peace officers, and suspected offenders.
The 2024 Annual Report (Jan 1-Dec 31, 2024) and the 2025 Annual Report (Jan 1-Dec 31, 2025) provide item-by-item descriptions, capabilities, use/purpose summaries, authorized use, training, compliance, audits, inventories, costs, and planned acquisitions. Both reports state the Department received no complaints and identified no policy violations during the respective reporting periods. The 2024 report’s audit section documents a timing deficiency for its submission and corrective action (reassignment of annual reporting administration) to ensure future compliance; the 2025 report audit indicates no corrective actions were required.
Consistent with §7072(a)(4), both annual reports provide total annual cost information and confirm that next-year funding sources will be the Police Department’s annual operating budget and other approved sources (e.g., grants), as available.
COMMUNITY ENGAGEMENT:
Within 30 days of submitting and publicly releasing the annual reports, the Police Department will hold at least one well-publicized and conveniently located community engagement meeting for public discussion and questions regarding the reports and the Department’s funding, acquisition, or use of military equipment, consistent with Government Code §7072(b).
PLANNED ACQUISITIONS SUMMARY
All items below are identified in each report’s “Section 4” as already authorized under NPD’s Military Equipment Policy 706; quantities and costs are estimates and may be adjusted at purchase based on pricing and availability. Funding is allocated in NPD’s General Fund budget and/or other approved sources, as available.
From 2024 Annual Report (for FY 2025):
- sUAS - DJI/Autel EVO series: Up to six (6) drones; estimated total $6,000; General Fund.
- Ballistic Breaching Rounds (Tesar MF/Grey Caps): Up to 100 rounds; estimated total $550; General Fund.
- PepperBall Systems: Up to two (2) TAC-SA Pro launchers (replacing three TAC-700); estimated total $2,032; General Fund.
- 40 mm Ferret Rounds (CS liquid): Up to 60 rounds; estimated total $1,260; General Fund.
- 12-Gauge CTS Launching Cartridges: Up to 70 cartridges; estimated total $320; General Fund.
- Firearm Suppressors: Up to 15 suppressors; estimated total $11,085; General Fund.
From 2025 Annual Report (for FY 2026):
- sUAS - DJI M4TD: Up to one (1) drone; estimated total $10,000; General Fund.
FINANCIAL IMPACTS:
Funding for the items included in this report were budgeted through the normal process and this Action simply utilizes already appropriated funds in the Police Department’s General Fund FY24/25 and FY25/26 budget and has no impact on budget or fund balance.
CEQA:
The Chief of Police has determined that the Recommended Action described in this Staff report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
EX A - Napa Police Department Military Equipment Policy 706
EX B - 2024 Napa Police Department Military Equipment Report
EX C - 2025 Napa Police Department Military Equipment Report
NOTIFICATION:
Legal notice of public hearing was published in the Napa Valley Register at least 10 days prior to the hearing date.