CITY COUNCIL STAFF REPORT
April 2, 2024 {{section.number}}b
ANNUAL MILITARY EQUIPMENT USE REPORTING AND APPROVAL OF CONTINUED USE PER CORONADO MUNICIPAL CODE SECTION 3.68.030 (AB 481)
RECOMMENDATION:
Effective January 1, 2022, Assembly Bill 481 (codified in Government Code §§7070, et seq.) requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in specified activities related to the use of what the state legislature has now defined as “military equipment” in Government Code §7070. The Coronado Police Department has several pieces qualifying as “military equipment” in inventory and engages in critical public safety activities in coordination with other local jurisdictions. On April 19, 2022, the Coronado City Council adopted an ordinance adding Section 3.68.030 to the Coronado Municipal Code, approving a Military Equipment Use Policy for Police Services.
BACKGROUND:
The Police Department is responsible for ensuring that all provisions of Government Code §7071 and §7072 are met. The City Council is required by law to review the ordinance and policy at least annually and have the opportunity to renew it or make any necessary changes.
The annual policy approves the continued use of equipment currently in the Police Department’s inventory by authorized and trained personnel when the use is necessary to maintain public safety.
The policy includes authorization to acquire four (4) additional 40mm less-lethal projectile launchers to ensure less-lethal tools are readily available in marked patrol vehicles for field use.
The policy approval would also allow the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City. The Police Department works closely with other local, county, state and federal law enforcement agencies within San Diego County on police-related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies. In certain circumstances, there arises a need to deploy military equipment from, or lend military equipment to, outside entities to promote the safety and security of community members.
A full inventory of the Police Department’s military equipment is contained in the Annual Report and is attached. Government Code §7071(d)(1) sets forth the findings that the City Council must make in order to annually approve the policy and ordinance. The City Council can make the required findings because:
1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of the Coronado Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Coronado.
3. For the proposed equipment purchases, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use has complied with the military equipment use policy that was in effect at the time.
ANALYSIS:
There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Police Department’s inventory or continuing to collaborate with other law enforcement agencies, including under mutual aid agreements.
Maintenance costs of existing equipment is within the Department’s budget and is as follows: a.
Mobile Command Vehicle - approximately $3,000 annually. b. Field Supervisor Vehicles - approximately $3,000 annually. c. 40 mm Launchers and Rounds - approximately $50 annually for each launcher (total of 12). d. Patrol Rifles - approximately $50 annually for each rifle (total of 47). There will be staff time associated with compliance, annual review, reporting, and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code.
The fiscal impact of the additional four (4) 40mm launchers will be $4,000 to purchase and an additional $200 annual maintenance.
FISCAL IMPACT:
There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Police Department’s inventory or continuing to collaborate with other law enforcement agencies, including under mutual aid agreements. Maintenance costs of existing equipment is within the Department’s budget and is as follows: a. Mobile Command Vehicle - approximately $3,000 annually. b. Field Supervisor Vehicles - approximately $3,000 annually. c. 40 mm Launchers and Rounds - approximately $50 annually for each launcher (total of 12). d.
Patrol Rifles - approximately $50 annually for each rifle (total of 47). There will be staff time associated with compliance, annual review, reporting, and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code. The fiscal impact of the additional four (4) 40mm launchers will be $4,000 to purchase and an additional $200 annual maintenance.
ALTERNATIVE:
City Council could make changes to the Military Equipment Use Policy and/or ordinance or choose not to approve a renewal of the authorization for the use of military equipment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not Applicable.
PUBLIC NOTICE:
The proposed Military Equipment annual report was made public via the Police Department’s website at least 30 days prior to the April 2, 2024, Council Meeting.
ATTACHMENTS:
1. Resolution No. 2024-17 and Exhibit A - Military Equipment Use Policy
2. Coronado Municipal Code 3.68.030
Submitted By: Police Services Department / Richard Martinez