CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
4/25/2022
1 SUBJECT:
Adoption of an Ordinance Adding Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code
RECOMMENDED ACTION:
Move to Adopt an Ordinance of the City Council of the City Of Pacifica Adding Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code, Approving the Pacifica Police Department Military Equipment Policy; and finding the Ordinance exempt under the California Environmental Quality Act (CEQA).
STAFF CONTACT:
Daniel Steidle, Chief of Police
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
This ordinance was introduced at the regular meeting of the City Council held on April 11, 2022 and is now in order for adoption. The narrative below provides a summary from the full staff report presented at the introduction of the ordinance; the staff report from the April 11, 2022 is included in its entirety as Attachment B for further detail.
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.
Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.
AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.
California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. It is important to understand that what is defined as “Military Equipment” by the California State Legislature is not related to whether the equipment was acquired through military sources.
The Pacifica Police Department does not possess any equipment specifically designed for military use nor has the department acquired any equipment through a military surplus program, commonly known as the “1033 Program” (10 USC 2576a). While the Pacifica Police Department Pacifica City Council 2
April 25, 2022
does not possess any equipment that it has obtained from the military, nor does it possess any equipment that was designed specifically for military use, it does possess equipment that is listed in Section 7070 and defined as “Military Equipment.” California Government Code Section 7071(b) requires that the Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council at least 30 days prior to any public hearing concerning the policy. The Police Department complied with this requirement by posting the draft policy being proposed, to its public website, on March 4, 2022.
Staff, in collaboration with the City Attorney’s Office, has authored Pacifica Police Department Policy #705, Military Equipment (Attachment A) to comply with AB481. This policy contains the (4) types of “Military Equipment” that the Pacifica Police Department currently possesses, along with the required information describing each item, costs, training, and use.
The policy provides the ability for allied law enforcement agencies to use military equipment in our jurisdiction if they adhere to their own approved Military Equipment Policy. Law enforcement mutual aid may be requested at a local, countywide, or regional level in the event of an incident or sustained incident that requires personnel resources beyond those available within the police department of jurisdiction. Law enforcement mutual aid more frequently occurs on a much lower scale, such as an incident where a low number of additional personnel are needed to assist, and for a relatively short period of time.
Next Steps
Approval of the Pacifica Police Department’s Military Equipment Policy by the City Council through an ordinance is required for the continued use of the listed equipment. Once approved, the Chief of Police is required to seek approval of an amended Military Equipment Use Policy before the purchase or acquisition of additional military equipment as defined by Government Code § 7070. Approval of this policy is required each year.
Each year, the Chief of Police will be required to present a Military Equipment Report to City Council. Within 30 days of submitting and publicly releasing the annual report, the Pacifica Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. The report will also be available for viewing on the Department’s website.
ALTERNATIVE ACTION:
Decline to approve the Pacifica Police Department Military Equipment Policy and provide staff further direction.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Adoption of an Ordinance approving the Pacifica Police Department Military Equipment Policy resonates with the City Council Goal of An Engaged Community and Maintaining a Safe Community.
FISCAL IMPACT:
Pacifica City Council 3
April 25, 2022
There is no fiscal impact to adoption of this Ordinance or approving the Pacifica Police Department Military Equipment Policy.
CEQA:
The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A - Military Equipment Policy #705 (PDF)
Attachment B: Staff Report 4-11-2022 (PDF)
Pacifica City Council 4
April 25, 2022
ORDINANCE NO. (ID # 4966)
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADDING CHAPTER 19, “AQCUISITION AND USE OF MILITARY EQUIPMENT” OF TITLE 4 “PUBLIC SAFETY” OF THE PACIFICA MUNICIPAL CODE
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, a draft of the Pacifica Police Department Policy 705 “Military Equipment” was published on the Department’s 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; and
WHEREAS, the Pacifica Police Department’s Lexipol Policy 705 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and
WHEREAS, the military equipment identified in 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, Policy 705 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in 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 Pacifica that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance;
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April 25, 2022
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Policy Approved and Adopted. Pacifica Police Department’s Lexipol Policy 705 “Military Equipment” is hereby approved and adopted as set forth in Exhibit A attached hereto.
Section 4. The City Council finds that this ordinance and the City of Pacifica Police Department’s Lexipol Policy 705 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council od the City of Pacifica, California, and cause the same to be published in accordance with State Law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 25th day of April 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
__________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ___________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 6
April 25, 2022
* * * * *
(ID # 4966) at 4/25/2022 5:30 PM City Council Regular Meeting