ORDINANCE NO. 03- 22
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING A POLICY FOR
THE USE OF MILITARY EQUIPMENT BY THE
CITY OF ORANGE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill No. 481 ( AB 481), relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified as Government Code sections 7070 through 7075, requires law enforcementagenciesto obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" usepolicy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term " military equipment" is defined in California Government Code section 7070; and
WHEREAS, AB 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; and
WHEREAS,theproposedmilitaryequipmentusepolicyisattachedheretoasExhibit A" and incorporated herein by this reference( the" Military Equipment Policy"); and WHEREAS, the Military Equipment Policy was published on the City of Orange Police Department's internet website on April 4, 2022, more than 30 daysbefore the Military Equipment Policy was first consideredat a public meeting before the City Council on May 10, 2022; and
WHEREAS, the Military Equipment Policy meets the requirements of California Government Code section 7070, subdivision( d).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The recitals stated above are true and correct, incorporated herein, and form the basis for the adoption of this Ordinance.
SECTION II
1) TheproposedOrdinanceis exemptfromtheprovisionsof theCaliforniaEnvironmental Quality Act ( CEQA) per State CEQA Guidelines Section 15060(c)(2) and 15060(c)(3), because the Ordinance simply provides procedural noticing and posting requirements. The proposedOrdinancedoesnot causechangesto the residentialdensityestablishedin the GeneralPlan. It doesnot involve a specific site or developmentproject, anddoesnot otherwise result in a physical change that could causean impact to the environment.
Adoption of the Ordinance is therefore not a "project" as defined in CEQA Guideline 15378.
2) The proposedOrdinanceis exempt from CEQA per CEQA Guideline 15061(b)(3) becauseit canbe seenwith certainty, afterreview andevaluationof thefactsregarding the Ordinance and its application, that there is substantial evidence that adoption of the Ordinance would not have a significant effect on the environment and the common sense exemption applies.
3) In the unlikely event adoption of the Ordinance would constitute a project under CEQA, it is categorically exempt from the provisions of CEQA per CEQA Guideline 15321(a) Class 21, Enforcement Actions by Regulatory Agencies) because said adoption is an action taken by the City as a regulatory agency and involves " enforcement of a law, generalrule, standard, or objective, administered or adoptedby the regulatory agency."
SECTION III
Based on the above facts, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Policy, basedon the following findings:
1. The military equipment identified in the Military Equipment Policy is necessarybecausethere are no reasonablealternatives that can achieve the sameobjectives of officer and civilian safety.
2. The Military Equipment Policy will safeguardthe public' s welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. All prior military equipment usecomplied with the City' spolicies that were in effect at the time.
SECTION IV
If anysection, subdivision, paragraph, sentence, clauseor phraseof this Ordinanceis foranyreasonheldtobeinvalidorunconstitutional, suchdecisionshallnotaffectthevalidity of the remaining portions of this Ordinance. The City Council hereby declaresthat it would havepassedthis Ordinance, andeachsection, subdivision, paragraph, sentence, clauseand phrasethereof,irrespectiveof thefactthatanyone(ormore) section, subdivision,paragraph, sentence, clauseor phrasehadbeendeclared invalid or unconstitutional. 2 SECTION V
TheCity Clerkis herebydirectedto certify theadoptionof this Ordinanceandcause thesameto bepublishedasrequiredby law. This Ordinanceshalltakeeffectthirty( 30) days from and after the date of its final passage.
ADOPTED this 14th day of June, 2022.
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Mark A. Murphy, Mayor, C. y of Orange
ATTEST:
Weinee
PamelaColeman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify thatthe foregoingOrdinancewasintroducedat theregularmeetingof the City Councilheldon the 10th day of May, 2022, and thereafter at the regular meeting of said City Council duly held on the 14th day of June, 2022 was duly passedand adoptedby the following vote, to wit:
AYES: COUNCILMEMBERS: Murphy, Nichols, Monaco, Barrios, Dumitru, Gutierrez NOES: COUNCILMEMBERS: Tavoularis
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
aLf-t- e_e_A/ M_4(
Pamela Coleman, City Clerk, City of Orange
Attachment: Exhibit A
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