ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
A POLICY FOR ACQUISITION AND USE OF MILITARY EQUIPMENT, IN ACCORDANCE WITH AB 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) was published on the Cotati Police Department internet website at least 30 days prior to opening the public hearing on July 26, 2022 in accordance with requirements of Government Code section 7071; and
WHEREAS, a draft of the Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) was initially presented to the City Council at a public hearing on July 26, 2022, with introduction of the ordinance continued to August 23, 2022; and WHEREAS, the Cotati Police Department Policy 706 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in the Cotati Police Department Policy 706 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and
WHEREAS, The Cotati Police Department Policy 706 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the military equipment identified in Cotati Police Department Policy 706 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, no prior military use policy has existed in the City of Cotati that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance.
SECTION 2. Adoption of Policy. The Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) is hereby approved and adopted.
SECTION 3. Reporting and Publication of Policy. In accordance with Government Code section 7071, the Chief of Police shall cause the Cotati Police Department Policy 706 “Military Equipment” to be made publicly available on the Department’s internet website for as long as military equipment is available for use. The Police Department is directed to make available the reports and conduct the required community engagement meeting required by Government Code section 7072 on an annual basis.
SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this ordinance to be published in the manner required by law.
SECTION 6. Environmental Review. The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk