Item 471/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Chief El-Farra
Dept:
City Manager Dept: Police
Date: 11/12/2024
Subject: Receive and file the 2024 Garden Grove Police Department Military Equipment Annual Report and Introduction and First Reading of an Ordinance approving an updated Military Equipment Use Policy and rescinding Ordinance Nos. 2944 and 2953, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
ADOPTING AN UPDATED GARDEN GROVE POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE 7071 AND RESCINDING ORDINANCE NOS. 2944 AND 2953. (Action Item)
OBJECTIVE
For the City Council to receive and file the 2024 Garden Grove Police Department Military Equipment Annual Repo rt, and introduce an Ordinance a dopting an updated Military Equipment Use Policy.
BACKGROUND
Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code. These provisions require law enforcement agencies to obtain the approval of their respective governing bodies, by adoption of a military equipment use policy (via ordinance), prior to use of any equipment defined by the Government Code as "military equipment." Upon approval of an agency's military equipment use policy, the agency must, thereafter, prepare an annual military equipment use report which must be published to the City's website as well as hold at least one well publicized and conveniently located community engagement meeting at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, and use of military equipment. The annual report required by Assembly Bill 481 must include a summary of each type of military equipment owned or used by the agency, its intended purpose, how each type of equipment was used by the agency in the preceding year, a summary of any complaints received by the agency concerning the equipment, the results of any internal audits pertaining to violations of the military equipment use policy, the total cost for each type o f equipment, and the quantity possessed by the agency.
Item 471/2024
In addition to the required annual report, AB 481 requires each agency's governing body to review any ordinance it has approved which adopts a military equipment use policy and to vote on whether to renew the ordinance. The governing body may choose whether to renew the ordinance, disapprove authorization for use of equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets the standards set forth in California Government Code section 7071(d).
DISCUSSION
Pursuant to California Government Code section 7072, the Garden Grove Police Department has prepared an annual report which reflects the following for the preceding calendar year:
1. A summary of how 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 form what source funds will be provided for the military equipment in the calendar following submission of the annual report;
5. The quantity possessed for each type of military equipment; and
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.
A copy of the Garden Grove Police Department's Annual Military Equipment Use Report for the period fr om September 2023 to September 2024 is attached hereto as Attachment 1 (hereinafter the "Annual Report"). The Annual Report has been posted on the City's website, and in accordance with the provisions of AB 481, the Department will publicize and conduct a community engagement meeting regarding the Department's use of "military equipment" at a date, time and place to be published as appropriate.
On November 14, 2023 , the Council adopted Ordinance No. 2944 adopting an amended Garden Grove Police Department's Military Equipment Policy by renaming it from General Order 2.29 to Policy No. 706 due to the migration of the Police Department's policies to the Lexipol system. On March 26, 2024, the Council adopted Ordinance No. 2953 amending Attachment 706.5 of Poli cy No. 706 to add 22 Geissele Super Duty AR -15 rifles to the equipment inventory.
The attached ordinance, once adopted, will adopt an updated Military Equipment Use Policy No. 706, which will make minor revisions to the policy and adds provisions to maint ain a minimum supply of stock for equipment that have reached low levels or have been exhausted Item 471/2024
(Section 706.6.1), includes the addition of unmanned aerial system equipment (Paragraph 12 to Attachment 706.5), and the addition of an unmanned ground vehicle (Paragraph 13 to Attachment 706.5). Upon adoption, the attached ordinance will replace Ordinance Nos. 2944 and 2953.
FINANCIAL IMPACT
There is no financial impact for the City Council to r eceive and file the 2024 Garden Grove Police Department Military Equipment Annual Report and conduct the first r eading of an ordinance approving an updated Military Equipment Use Policy and rescinding Ordinance Nos. 2944 and 2953, other than minimal costs associated with posting the policy and report on the Department's website and publicizing and holding the required community engagement meeting.
RECOMMENDATION
It is recommended that the City Council:
Receive and file the Garden Grove Police Department M ilitary Equipment Annual Report; and
Introduce and conduct the first reading of the Ordinance adopting the updated Military Equipment Use Policy and rescinding Ordinance Nos. 2944 and 2953.
ATTACHMENT(S)
1. 2024 Annual Military Equipment Use Report
2. Ordinance Adopting GGPD Military Equipment Use Policy
3. Updated GGPD Military Equipment Use Policy 706