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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CATHEDRAL CITY POLICE
DEPARTMENT POLICY NO. 708, IN ACCORDANCE WITH
ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment”; and
WHEREAS, AB 481 requires law enforcement agencies, including the Cathedral City Police Department, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy,” as specified, “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;” and WHEREAS, the City Council finds that the public has a right to know about any funding, acquisition, or use of military or militaristic equipment by the City of Cathedral City, as well as a right to participate in any City decisions to fund, acquire, or use such equipment; and
WHEREAS, the City Council finds that decisions regarding whether and how military or militaristic 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; and
WHEREAS, the City Council finds that legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military or militaristic equipment is funded, acquired, or used; and
WHEREAS, the City Council finds that for at least thirty (30) days prior to date of the public hearing on Ordinance No.___, concerning the proposed Military Equipment Policy, along with any Attachments, was made available on the Cathedral City Police Department’s public website; and
WHEREAS, the City Council finds that the military equipment identified in the Military Equipment Policy, entitled “DSM 708 Military Equipment List-CCPD” and attached hereto as Exhibit “A,” is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
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WHEREAS, the City Council finds that the proposed Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the City Council finds that the military equipment identified in the Military Equipment Policy, entitled “DSM 708 Military Equipment List-CCPD” is reasonably cost effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS, the City Council finds that prior military equipment use by the US Military is consistent with the proposed Military Equipment Policy of the Cathedral City Police Department; or, if not consistent, the Cathedral City Police Department has taken corrective action to remedy nonconforming uses and ensure future compliance; and WHEREAS, the City Council has determined and finds the Cathedral City Police Department has timely sought approval of Ordinance No. _____ from the City Council to continue the use of any military equipment that was acquired prior to January 1, 2022, and that by approving this Ordinance No.____, within 180 days from the date this approval process was initiate, the City Council authorizes the Cathedral City Police Department to continue its use of such Military Equipment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings, and conclusions set forth above are true and correct and hereby incorporated by reference.
SECTION 2. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts the Policy No. 708, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A”.
SECTION 3. EFFECTIVE DATE.
This ordinance shall be effective thirty (30) days from and after its final passage.
SECTION 6. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Cathedral City hereby declare they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions. sentences, clauses, phrases, or RIV #4885-4391-9887 v1
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portions thereof be declared invalid or unconstitutional.
SECTION 7. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).
INTRODUCED at the regular meeting of Cathedral City Council on the _____ day of __________2022.
PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City Council on the _______ day of ___________2022.
AYES:
NOES:
ABSENT:
ABSTAIN
Ernesto Gutierrez, Mayor
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric. S. Vail, City Attorney