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April 25, 2023
ITEM TITLE
Military Equipment Use Policy: Consider the Annual AB 481 Military Equipment Report, Review Existing Military Equipment Ordinance, and Amend the Military Equipment Policy, as Appropriate
Report Number: 23-0123
Location: No specific geographic location
Department: Police
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Conduct the public hearing, receive the annual report, and place an ordinance on first reading amending the Military Equipment Policy and making requisite compliance findings.
SUMMARY
AB 481 requires law enforcement agencies to obtain approval of a military equipment use policy from their applicable governing bod y and to submit an annual military equipment report. The governing body must annually review the acquisition and use of military equipment, determine whether the equipment identified complied with the standards set forth in the policy and law, and vote on whether to renew or modify the policy.
On May 3, 2022, the Chula Vista City Council approved Chula Vista Police Department Policy 714 (Military Equipment) via Ordinance No. 3520 in accordance with AB 481. In addition to maintaining the highest levels of public safety, the Chula Vista Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. The Department now submits its 2022 Annual Military Equipment Report in accordance with annual reporting requirements set forth in California Government Code section 7072.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
RELEVANT LAW
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 (AB 481), codifed as Government Code sections 7070-7075, which requires law enforcement agencies to obtain approval of a military equipment use policy from their applicable governing body prior to acquiring, deploying, using, seeking funds or contracting for military equipment. Subsequent to adoption of a military equipment use policy, the law enforcement agency must submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body, and make the report available on its website.
The annual military equipment report required by Government Code section 7072 must contain the following information 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.
Additionally, within 30 days of submitting its annual report, the law enforcement agency must hold at least one well-publicized and conveniently located community engagement meeting, at which the general public P a g e | 3
may discuss and ask questions regardin g the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
The governing body must annually review the acquisition and use of military equipment, as specified in the annual report, determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d), and vote on whether to renew or modify the policy previously approved.
If the governing body determines that a type of military equipment has not complied with the standards set forth in Government Code 7071(d), the govern ing body may disapprove authorization for that type of equipment or require modifications to the military use policy to resolve the lack of compliance.
The standards set forth in Government Code 7071(d) are as follows:
(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.
CHULA VISTA POLICE DEPARTMENT COMPLIANCE AND REPORTING
The Chula Vista Police Department’s Military Equipment Policy, Policy 714, was reviewed by the Chula Vista City Council, determined to be compliant with Government Code 7071(d), and approved on May 3, 2022 via Ordinance No. 3520 (see Attachment 1). Policy 714 is a written document that governs the Department’s use of military equipment; describes each type of military equipment by quantity and capability, expected lifespan and manufacturer product description; addresses the purposes and authorized use for each type of listed equipment; addresses fiscal impact, including initial cost and annual maintenance costs; addresses the legal and procedural rules that govern authori zed use and training required before use to ensure the full protection of the public’s welfare, safety, civil rights and civil liberties; requires compliance with the policy, addresses mechanisms to ensure compliance with the policy and sanction for policy violations; and addresses the procedures for registering public complaints, concerns and questions and timely response to same.
The Police Department’s 2022 Annual Military Equipment Report (“Report”), attached as Attachment 2, provides all information r equired by Government Code section 7072 (as described above), including a summary of how the equipment was used, whether any complaints were received, whether any violations occurred, and the fiscal impacts associated with such equipment, including the to tal annual costs for each type of equipment, the quantity possessed for each type of equipment, and if the Department intends to acquire additional equipment in the next year.
The Report identifies additions to two types of equipment categories. In the category of unmanned aircraft, the Police Department has upgraded its aircraft fleet with three drones, all funded by the Chula Vista Police P a g e | 4
Foundation. These drones include two DJI AVATAs and one DJI MAVIC 2 ENTERPRISE ADVANCED, UAS. In the category of Spe cialized Firearms and Ammunition of Less than .50 Caliber, the Police Department has identified three additional rifles in use currently or expected to arrive in May or June of 2023 . These rifles are standard issue and technically do not meet the definitio n of “military equipment”; however, they are being included for transparency and community awareness. Included are the Smith & Wesson Mp15x Rifle, assigned to every patrol vehicle, and the COLT M4 LE6946CQB Rifle, assigned to the SWAT equipment truck.
Additionally, the DANIEL DEFENSE DDM4 MK18 RIFLE (future SWAT standard issue) will replace existing rifles for an approximate cost of $55,000.00 after trade -in offset. These are high precision weapons for hostage rescue type situations. The old existing rifl es have worn parts which can cause malfunctions or inaccuracies which could be catastrophic in a hostage rescue situation. The old existing rifles will be traded in to offset a portion of the costs of the new rifles.
Of note, during the last calendar year, the Chula Vista Police Department had no complaints regarding its use of military equipment, and no violations of its Military Equipment Use Policy.
The Police Department maintains that its military equipment, including the additionally noted drones and rifles, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety . The Department’s military equipment policy , Policy 714, continues to safeguard the public’s welfare, safety, civil rights and civil liberties . The existing military equipment was purchased pursuant to the City’s existing procurement requirements and best-practice protocols, and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Additionally, the Department’s military equipment uses , as described in the 2022 annual report, are compliant with existing Department policies (including Policy 714).
The Polic e Department recommends that Policy 714 be amended to add equipment descriptions for the additional unmanned aircraft and specialized firearms identified above , to delete equipment no longer in use, and to clarify that the Police Chief is authorized to ord er replacement s of the types of equipment authorized in the policy, as well as additional equipment of the same type. Proposed deletions and additions to Policy 714 are reflected in Attachment 2 (redline strikeout indicates deletions and highlights indicat e additions).
The proposed Ordinance would: (1) make findings that amended Policy 714 complies with Government Code section 7071(d); (2) make findings that the types of equipment identified in the 2022 Report comply with the standards in 7071(d); (3) approve proposed amended Policy 714 as described above; and (4) allow future amendments to Policy 714 to be authorized by Resolution of the City Council.
COMMUNITY ENGAGEMENT
The Chula Vista Police Department frequently displays select military equipment during outreach and community events as a means of public awareness, transparency, education, and building relationships.
The Chula Vista Police Department also believes in community engagement and the opportunity to enhance relations. Therefore, the 2022 Military Equipment Report is available for public review on both the Police Department’s webpage and the City Clerk’s webpage as of Friday, April 21, 2023. The community will be able to provide comments regarding the report at the April 25, 2023 City Council meeting. A lso, in accordance P a g e | 5
with AB 481, there will be an additional opportunity for community engagement regarding the report at a community engagement meeting to be held by the Police Department in May, within 30 days of submission of this report. Such meeting will be well-publicized on the Department’s website and social media accounts.
The Chula Vista Police Department is committed to the service and protection of o ur community. With the dynamic nature of critical incidents, the Department employs a variety of military equipment to assist in the swift and safe resolution to these incidents. As the Department’s inventory of military equipment varies, the possession of the equipment does not warrant its use for every incident. The Department strives to effectively protect the public using the latest advancement in technology and equipment while also being transparent with the military equipment use and inventory.
The Police Department accordingly submits its 2022 Annual Military Equipment Report (see Attachment 3) to City Council and respectfully requests that City Council approve the proposed o rdinance making AB 481 compliance findings as to both amended Policy 714 a nd the 2022 Military Equipment Report , approving amended Policy 714, and allow ing future amendments to Policy 714 to be authorized by Resolution of the City Council.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
All costs related to the Police Department’s Military Equipment Policy are included in the fiscal year 2023 appropriations for the Police Department.
ONGOING FISCAL IMPACT
The Police Department’s Military Equipment Inventory is outlined in the Military Equipment Report. During the budget process, ongoing maintenance or repair of this equipment will be included in the proposed budget. If any additional appropriations are re quired for this equipment, then City staff will seek Council approval at that time.
ATTACHMENTS
Attachment 1: Ordinance No. 3520
Attachment 2: Proposed Amendments to Policy 714 with strikeouts and additions identified Attachment 3: 2022 Chula Vista Annual Military Equipment Use Report P a g e | 6
Staff Contact: Captain Dan Peak