RESOLUTION NO. 2023-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES APPPROVING AND ACCEPTING THE GONZALES POLICE DEPARTMENT’S AB 481 FISCAL YEAR 2022-2023 ANNUAL MILITARY EQUIPMENT USE REPORT PURSUANT TO GOVERNMENT CODE SECTION 7071(D) AND RENEWING CITY OF GONZALES ORDINANCE NO. 2022-131 “APPROVING GONZALES POLICE DEPARTMENT POLICY MANUAL POLICY 709- MILITARY EQUIPMENT” WHEREAS, Government Code Section 7071 et seq. codifies Assembly Bill 481 and requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in activities related to the use of military equipment; and
WHEREAS, the Gonzales Police Department has a very limited amount of “military equipment” in its inventory (nine semi-automatic rifles and three 38mm “Less Lethal Projectile Launchers”) which are not often used, and may engage in limited critical public safety activities in coordination with other jurisdictions in possession of military equipment 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; and WHEREAS, on June 20, 2022, the Gonzales City Council adopted Ordinance No. 2022- 131 which approved Gonzales Police Department Policy Manual Policy 709- Military Equipment which includes an inventory report of the police department’s military equipment and procedures for use and maintenance of the same; and
WHEREAS, Gonzales’ Military Equipment Policy 709 establishes a military equipment use policy that is consistent with Police Department’s current practices, complies with the requirements of the Government Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding the use of military equipment by the Department; and WHEREAS, Government Code Section 7071 requires the City Council to conduct an annual review of its ordinance approving the City’s Military Equipment Policy and to vote on whether to renew the ordinance; and
WHEREAS, in order to facilitate the aforesaid ordinance review, the City Council is also required to conduct an annual review of the Police Department’s AB 481 Fiscal Year 2022-2023 Annual Report on military equipment prepared and submitted pursuant to Sections 7071 and 7072 of the Government Code; and
WHEREAS, notice of the Council’s consideration of both Ordinance No. 2022-131 and the AB 481 Annual Report have been provided in accordance with applicable law; and WHEREAS, the City Council desires to find that the AB 481 Annual Report on military equipment complies with the standards of approval set forth in subdivision (d) of Government Code Section 7071 because of the following:
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 use of the Department’s equipment is part of the Department’s overall approach to safe and efficient policing. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of specified military equipment in the City of Gonzales.
3. If purchasing equipment, 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 complied with the military equipment use policy that was in effect at the time of the use; and
WHEREAS, the City Council has also reviewed and desires to renew Ordinance 2022- 131.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. All of the statements and facts set forth above are true and correct and incorporated herein by this reference. These recitals constitute findings in this matter and together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this resolution.
2. The City Council finds that Ordinance No. 2022-131 is exempt from the provisions of the California Environmental Quality Act (“CEQA”) because it will not result in a direct or reasonably foreseeable direct physical change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines.
3. The City Council has reviewed the Gonzales Police Department’s AB 481 Annual Military Equipment Report, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code Section 7071. The report is hereby approved and accepted.
4. The City Council hereby renews Ordinance No. 2022-131 “Approving Gonzales Police Department Policy Manual Policy 709-Military Equipment,” a copy of which is attached hereto as Exhibit “B” and by this reference incorporated herein, for a period of one year from the effective date of this resolution without change.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular public meeting thereof held on the 17th day of July, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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Jose L. Rios, The Honorable Mayor
ATTEST:
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Mary Villegas, Deputy City Clerk