ORDINANCE O2023-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING THE RENEWAL OF THE POLICE MILITARY EQUIPMENT USE POLICY AND THE 2022 ANNUAL REPORT 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, on July 19, 2022, the City Council approved ordinance O2022-007 related to the use of Police Military Equipment Use. Ordinance O2022-007 required, in part, the “City Council shall review this ordinance annually, and shall determine whether to renew this ordinance pursuant to Government Code Section 7071(e)(1).” WHEREAS, the Napa Police Department’s “Military Equipment” policy 705 and attached and incorporated herein by reference as Exhibit “A” has been posted on the Napa Police Department website in accordance with requirements of Government Code section 7071. The Napa Police Department’s Police “Military Equipment” Use Policy may be referred to in this ordinance as “City’s Police Military Equipment Use Policy”; and WHEREAS, the Napa Police Department Policy 705 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the 2022 Napa Police Department Military Equipment Report (“Annual Report”) was presented to the City Council on July 18, 2023, summarizing how the equipment was used, its purpose, any complaints received, any internal audits performed, annual cost information, updated inventory, and the intent to acquire any additional equipment; 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, prior military equipment use complied with the military equipment use policy that was in effect at that time and any potential violations are being reviewed. Remedial action will be taken as necessary and reported in next year’s annual report.
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:
A. The City Council has made the following determinations:
1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
2. The military equipment policy (“policy”), attached hereto as Exhibit A, will safeguard the public’s welfare, safety, civil rights, and civil liberties;
3. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);
4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
B. The policy, and the renewal of this ordinance, was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
C. The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.
D. The police department shall submit an annual military equipment report (“Annual Report”) to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (A)(1) through (A)(4) of this ordinance.
E. The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).
F. The City Council approves the policy and its use and finds that it satisfies the requirements of Government Code Section 7070(d).
G. The City Council approves the 2022 Annual Report, attached hereto as Exhibit B and finds that the military equipment identified in the report has complied with the standards for approval set forth herein.
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 18th day of July 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the 1st day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
O2023-__ Page 1 of 2 August 1, 2023
O20XX-__ Page 1 of 1 Type adopted date of ordinance here ATTACHMENT 1
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