SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\18193663749\18193663749,,,Proposed Ordinance.docx ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE AMENDED CHULA VISTA POLICE DEPARTMENT
MILITARY EQUIPMENT USE POLICY , AUTHORIZING
FUTURE AMENDMENTS TO THE POLICY BY RESOLUTION,
AND MAKING FINDINGS REGARDING THE POLICY AND
ANNUAL MILITARY EQUIPMENT REPORT
WHEREAS, on September 30, 2021, the Governor of the State of California approved AB 481, “Funding, Acquisition and Use of Military Equipment,” which is codified in Chapter 12.8 of the California Government Code, Sections 7070 to 7075; and
WHEREAS, AB 481 requires a law enforcement agency to obtain annual approval of a military equipment policy by its governing body in order to seek funding for, acquire new, or use existing military equipment; and
WHEREAS, AB 481 requ ires a law enforcement agency to develop a written policy that includes a description of each type of military equipment, its purpose and use, the fiscal impact of such equipment, the rules that govern use of such equipment, and the mechanisms in place to assure compliance with the policy; and
WHEREAS, on May 3, 2022, the Chula Vista City Council reviewed the Chula Vista Police Department’s Military Equipment Policy, Policy 714, determined it to be compliant with Government Code 7071(d), and approved it via Ordinance No. 3520; and
WHEREAS, AB 481 requires a law enforcement agency to submit an annual report to the governing body for each type of military equipment approved in the written policy; and
WHEREAS, AB 481 requires the governing body to review the annual acquisition and use of military equipment, as specified in the report, and to determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d); and
WHEREAS, AB 481 additionally requires the governing body to vote annually on whether to renew or modify the military equipment policy previously approved; and
WHEREAS, on April 25, 2023, the Chula Vista Police Department submitted its 2022 annual military equipment report to the Chula Vista City Council; and
WHEREAS, on April 25, 2023, the Chula Vista City Council reviewed the annual acquisition and use of military equipment and considered whether to renew or modify Policy 714, including consideration of a proposed amendment to Policy 714 to include additional equipment descriptions under the unmanned aircraft and specialized firearm type categories, to delete equipment no longer in use, and to confirm that the Police Chief is authorized to order replacements of the types of equipment authorized in the policy, as well as additional equipment of the same type; and
Ordinance
WHEREAS, the City Council desires to specify t hat future amendments to the Military Equipment Policy may be authorized by Resolution of the City Council.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Findings
A. The City Council of the City of Chula Vista hereby finds as follows:
1. The military equipment reflected in the amended Chula Vista Police Department Military Equipment Policy , attached as Exhibit 1, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The amended Chula Vista Police Department Military Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. Purchased equipment identified in the amended Chula Vista Police Department Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the Chula Vista Police Department Military Equipment Policy that was in effect at the time.
B. The City Council of the City of Chula Vista hereby finds that each type of equipment identified in the Chula Vista Police Department’s 2022 annual military equipment report complies with the standards of approval set forth in Government Code 7071(d).
Section II. Action
A. The City Council of the City of Chula Vista hereby approves the amended Chula Vista Police Department Military Equipment Policy, Policy 714, as reflected in Exhibit 1, in accordance with Government Code sections 7071(a) and 7071(e).
B. Future amendments to the Chula Vista Police Department Military Equipment Policy, Policy 714, may be authorized by Resolution of the City Council of the City of Chula Vista.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or e nforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
Ordinance
The City Council of the City of Chula Vista intends this Or dinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by Approved as to form
By:
Chief Roxana Kennedy Jill D.S. Maland
Chula Vista Police Department Lounsbery Ferguson Altona & Peak Acting City Attorney