ORDINANCE O2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING THE POLICE MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070 THROUGH 7075 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, the City’s “Police Military Equipment Use Policy” (attached hereto as Exhibit “A,” labeled Napa Police Department Policy 705 “Military Equipment,” and incorporated herein by reference) was published on the Napa Police Department internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071. The City’s Police Military Equipment Use Policy may be referred to in this ordinance as “Napa Police Department Policy 705 “Military Equipment”,” and it also incorporates Appendix A (the 19-page document labeled “Military Equipment Report”); and WHEREAS, the Napa Police Department Policy 705 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in the Napa Police Department Policy 705 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and WHEREAS, Napa Police Department Policy 705 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the military equipment identified in Napa Police Department Policy 705 “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 Napa that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance Government Code Sections 7070-7075.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as follows:
SECTION 1: The City Council hereby determines that the Recitals set forth in this ordinance are true and correct and incorporated herein. The Recitals establish the factual bases for the Council’s adoption of this ordinance.
SECTION 2:
The City Council hereby approves the City’s Police Military Equipment Use Policy, attached hereto as Exhibit “A,” and labeled “Napa Police Department Policy 705.” The Napa Police Chief shall submit to the City Council and publish an annual military equipment report which complies with the requirements of Government Code Section 7072(a) and shall hold a community engagement meeting following publication of said report as required by Government Code Section 7072(b).
Following its receipt of the annual military equipment report, and the community engagement meeting set for the above, the City Council shall review this ordinance annually, and shall determine whether to renew this ordinance pursuant to Government Code Section 7071(e)(1).
Following its receipt of the annual military equipment report, the City Council shall make the determinations required by Government Code Section 7071(e)(2) and shall require any remedial, corrective or other action it deems necessary.
SECTION 3: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Napa, a municipal corporation
MAYOR: _______________________________
ATTEST: _______________________________
CITY CLERK OF THE CITY OF NAPA
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
I, Tiffany Carranza, City Clerk of the City of Napa, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 21st day of June, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of ____, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
O2022-__ Page 1 of 2 June 21, 2022
O20XX-__ Page 1 of 1 Type adopted date of ordinance here ATTACHMENT 1
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