City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 22-0396
REQUEST FOR CITY COUNCIL ACTION
DATE: 05/18/2022
TO: Honorable Mayor and City Council Members
FROM: Police Department
SUBJECT:
Ordinance and Policy approving the continued use and purchase of Military Equipment by the Police Department.
EXECUTIVE SUMMARY:
Council consideration of Ordinance No. 3347 and Police Department Policy Section 709 relating to the continued use and purchase of Military Equipment by the Police Department. On September 30, 2021, California Governor Gavin Newsom signed Assembly Bill 481 (AB481), which became effective January 1, 2022. The law requires the Police Department to create a Military Equipment Use Policy which must be approved and adopted by the City Council. The Police Department is seeking the adoption of the attached Ordinance, approval of Police Department Policy Section 709, and the continued use of specified military equipment by the Police Department and its mutual aid partners.
RECOMMENDED ACTION:
That the City Council:
a. Introduce by title only, and waive full reading of Ordinance No. 3347, first reading of an ordinance regarding the use and purchase of Military Equipment by the Police Department. b. Approve the Police Department Policy Section 709.
c. Approve the continued use of the listed military equipment by the Police Department and their partner law enforcement agencies in the County who provide our City with Mutual Aid assistance.
BACKGROUND & HISTORY:
Due to recent events in our nation, the public has asked state and local leaders to enact law enforcement reforms and set statewide standards for safe de-escalation techniques. Assembly Bill 481 (AB 481) identifies certain law enforcement equipment as 'military equipment'. The list created City of Corona Page 1 of 4 Printed on 5/12/2022
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File #: 22-0396
481 (AB 481) identifies certain law enforcement equipment as 'military equipment'. The list created by AB 481 also includes law enforcement equipment not used by any military branch. AB 481 also requires oversight from a governing body to purchase and use what the bill has deemed military equipment. The governing body for the Corona Police Department is the City Council. Ordinance No. 3347 is being introduced to the City Council in accordance with the law Assembly Bill 481.
On September 30, 2021, California Governor Gavin Newsom signed AB 481, which became effective January 1, 2022. The law requires the Police Department to create a Military Equipment Use Policy which must be in the process of being adopted by the City by May 01, 2022. The Use Policies have been made available on the Police Department’s webpage since March 2022 to fulfill this requirement.
The full text to AB 481 can be found here:
<https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481> ANALYSIS:
The purpose of this Ordinance is to seek approval and support from the City Council for the continued use and deployment of specialized law enforcement equipment consistent with the Use Policies of the Police Department. The City Council will find the Use Policies safeguard the public's welfare, safety, civil rights, and civil liberties. The Use Policies included in the Ordinance establish an ongoing standard and policy for safe de-escalation techniques and military equipment use/application consistent with AB481.The Ordinance and an annual military equipment report will be submitted to the City Council for yearly review.
The list of identified 'military equipment' is currently deployed by law enforcement and agencies in this County as well as neighboring San Bernardino, San Diego, and Orange Counties, and throughout the State of California, as well as law enforcement organizations across the nation. AB 481 lists equipment that is recognized and more appropriately identified by local, state, and federal law enforcement entities as specialized police equipment. Locally, the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) endorsed the list of specialized equipment which is already in use across the County. The Riverside County Board of Supervisors voted to adopt their equipment list on March 1, 2022.
For additional context, the Police Department, over a span of many years, has acquired these tools with previous City Council approval either during the annual budget process or as individual agenda item purchases. Specialized police equipment is used only by highly trained and experienced law enforcement professionals. An itemized equipment list is detailed in Exhibits 2 and 3 as required by AB 481. These equipment pieces range from modernized tools and aerial drones to off-road vehicles.
The primary purpose of said equipment is to preserve human life, reduce the physical injury liability to the public and department personnel, and allow for de-escalation tactics during high-risk encounters with armed violent suspects. The tools, equipment, and resources can function as a force multiplier in some cases to reduce staffing hours and is ultimately a cost-savings to the City.
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City of Corona Page 2 of 4 Printed on 5/12/2022
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File #: 22-0396
protecting and serving community members, and apprehending criminal offenders. With the City Council's partnership and approval, law enforcement can continue to operate with the most advanced technology, equipment, and resources available with a uniform response standard consistent with law enforcement agencies across all jurisdictions within the County.
The Corona Police Department, Riverside County Sheriff's Department, Riverside County Probation Department, Riverside County District Attorney's Office, California Highway Patrol, the County's ten (10) other municipal police departments, three (3) university and school police departments, and members of the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS), are committed to working cooperatively across jurisdictional boundaries. Although most tools, equipment, and resources listed as military equipment in AB 481 can be found in a military environment or have a similar counterpart, the equipment's application is often significantly different for public safety and law enforcement purposes. The aforementioned agencies ensure that all catastrophic events, responses to critical incidents, search and rescue operations, and other multijurisdictional events that arise from neighboring counties are supported safely and justifiably.
Prior to this City Council public hearing, and as required by AB 481, these Use Policies have been made available on the Police Department’s webpage since March 31, 2022. Following the adoption of Ordinance 3347, the Police Department’s annual military equipment report and Ordinance will be submitted to City Council yearly for review. Upon completion of the hearing and City Council approval, a copy of the policies will be sent to the Governor’s Office.
FINANCIAL IMPACT:
There is no financial impact from the adoption of this Ordinance. Any future equipment or vehicle purchases would be in adherence with this Ordinance and would be addressed through council action or the normal budget process.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CQEA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action simply adopts a policy governing the Corona Police Department’s funding, acquisition and use of military equipment, and there is no possibility that adopting this Ordinance will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: CHAD FOUNTAIN, LIEUTENANT
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
Attachments:
1. Exhibit 1 - Police Department Policy Section 709 Military Equipment City of Corona Page 3 of 4 Printed on 5/12/2022
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File #: 22-0396
2. Exhibit 2 - Ordinance No. 3347
3. Exhibit 3 - Equipment Listing for AB481 Policy
City of Corona Page 4 of 4 Printed on 5/12/2022
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