Attachment 1
13830v3 -1-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
RENEWING APPROVAL OF MOUNTAIN VIEW POLICE DEPARTMENT
MILITARY EQUIPMENT USE POLICY, ADOPTING UPDATED MILITARY EQUIPMENT
USE POLICY, AND FINDING THAT THIS ACTION IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, California Government Code section 7071 (“Section 7071”) requires law enforcement agencies seeking to fund, acquire, or use military equipment to obtain prior approval of its governing body by ordinance adopting a military equipment use policy; and
WHEREAS, on June 11, 2024, the City Council of the City of Mountain View enacted Ordinance No. 6.2024, adopting Mountain View Police Department Policy 70 9: Military Equipment; and
WHEREAS, California Government Code S ection 7072 (“Section 7072”) , requires law enforcement agencies that receive approval for a military equipment use policy to prepare and submit a military equipment report for each type of military equipment approved by the governing body within one year after approval and every year thereafter for as long as the military equipment is available for use; and
WHEREAS, Section 7072 also requires law enforcement agencies to make the military equipment report publicly available on its website and to hold at least one community meeting to discuss and answer questions about the report within 30 days after submitting and publicly releasing the report; and
WHEREAS, on April 11, 2025, the Mountain View Police Department (“MVPD”) submitted and posted on its website the required annual military equipment report; and
WHEREAS, on April 21, 2025, the MVPD held a community meeting in the City Hall Plaza Conference Room for the purpose of facilitating a discussion and answering questions about the military equipment report and MVPD’s funding, acquisition, or use of military equipment as required by Section 7072; and
WHEREAS, notice of the April 21, 2025, community meeting was provided to the public through the City’s biweekly e -newsletter, City Hall Connection, MVPD’s social media channels, and was shared directly with various community groups and stakeholders; and
WHEREAS, Mountain View Police Department Policy 70 9: Military Equipment has been updated to include the current list of military equipment in MVPD’s inventory and identify military equipment MVPD proposes to add to its inventory in Fiscal Year 2025-26; and 13830v3 -2-
WHEREAS, Section 7071(e)(1) requires the governing body to conduct an annual review of any ordinance approving the funding, acquisition, or use of military equipment and vote on whether to renew its approval at a regular meeting of the body; now, therefore,
THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. Based on review of the annual military equipment report submitted by the Mountain View Police Department and the updated Mountain View Police Department Policy 709: Military Equipment, attached hereto and incorporated herein as Exhibit A , the City Council of the City of Mountain makes the following findings:
a. The military equipment described therein is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. The military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
c. The equipment described therein is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d. The Police Department’s p rior military equipment use complied with the military equipment use policy that was in effect at the time and , if prior uses did not comply with the military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 2. Approval and Adoption. Based on the above findings, t he City Council of the City of Mountain View hereby renews its approval of Mountain View Police Department Policy 709: Military Equipment (“Policy 709”) and adopts the updated Policy 709 , attached hereto and incorporated herein as Exhibit A.
SECTION 3. CEQA. Pursuant to California Code of Regulations S ection 15060(c)(2), this action is not subject to the California Environmental Quality Act (“CEQA”) because it will not result in a direct or a reasonably foreseeable indirect physical change in the environment.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
SECTION 5. Publication. Pursuant to Mountain View City Charter S ection 522, at least two (2) days prior to final adoption of this ordinance, the City Clerk shall post this Ordinance in 13830v3 -3-
three (3) prominent places in the City and publish in the City’s official newspaper notice setting forth the title of this Ordinance, the date of its introduction, and a list of the places where copies of the ordinance are posted.
SECTION 6. Effective Date. Pursuant to Mountain View City Charter S ection 519, this Ordinance shall become effective thirty (30) days after the date of its adoption.
– – – – – – – – – – –
DF/4/ORD
013-05-13-25o
Categories of Military Equipment (Government Code § 7070(c)) *Categories in bold contain items in MVPD's inventory in 2024 * Categories in bold italics are planned for purchase in 2025 1) Unmanned, remotely piloted, powered aerial or ground vehicles. 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3) High-mobility multi-purpose wheeled vehicles (HMMWV, commonly referred to as Humvees), two- and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.**
4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 6) Weaponized aircraft, vessels, or vehicles of any kind. 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items that are designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8) Firearms of .50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision.
9) A mmunition of .50 caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subdivision.
10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .SO caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency.
11) Any firearm or firearm accessory that is designed to launch explosive projectiles. 12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued hand held pepper spray.
13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14) The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. 15) Any other equipment as determined by a governing body or a State agency to require additional oversight.
** Although the military equipment category for the ARV, category 3, contains a broad range of possible equipment types, including traditional military vehicles such as "Humvees" the proposed ARV is not designed for traditional military use. Instead, it is a purpose-built public safety vehicle constructed on a standard Ford F-550 chassis.