CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/14/2023
1 SUBJECT:
Introduction of Ordinance and Policy on Pacifica Police Department Militarized Equipment and 2022 Annual Military Equipment Use Report.
RECOMMENDED ACTION:
Move to take the following actions:
1. Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and
2. Approve the Pacifica Police Department 2022 Annual Military Equipment Use Report (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.)
STAFF CONTACT:
Maria Sarasua, Chief of Police
650-738-7314
[email protected]
BACKGROUND:
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 Pacifica City Council 2
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considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. 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). The Pacifica Police Department does possess equipment that is listed in Section 7070 and defined as “Military Equipment.” Additionally, the Pacifica Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code. The Pacifica Police Department also utilizes UAVs/Drones from the San Bruno Police Department.
On April 11, 2022, the Pacifica City Council approved the Military Equipment Use Policy (Pacifica Police Department Policy 705) and introduced an ordinance for the use and acquisition of military equipment by the Pacifica Police Department.
On April 25, 2022, the Pacifica City Council adopted Ordinance No. 877-C.S. approving the Acquisition and Use of Military Equipment Ordinance codified in Title 4 of the Pacifica Municipal Code. This ordinance must be renewed each year in an annual Military Equipment Report.
DISCUSSION:
The 2022 Annual Military Equipment Use Report is attached to this Staff Report, and pursuant to AB 481, it includes the following:
• A summary of how the equipment was used and the purpose of its use. o All uses complied with this ordinance.
• A summary of any complaints or concerns received concerning the equipment. o There were none.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. o Nothing to report.
• The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the Annual Military Equipment Use Report
o See attached Annual Military Equipment Use Report
• The quantity possessed of each type of equipment.
o See attached Annual Military Equipment Use Report
• If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type.
o No intention to acquire additional equipment currently.
During the reporting period, there were no uses of equipment covered by this ordinance that were not compliant with the Military Equipment Use Ordinance and the Military Equipment Use Policy. The Police Department did not acquire any new military equipment during the reporting period, nor does it have any plans to acquire new military equipment for the remainder of 2023.
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AB 481 prescribes an annual process for reviewing the policy and renewing the ordinance.
Specifically, Government Code Section 7072 requires the Police Department to submit to the City Council an annual military equipment report, and to hold at least one “well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.” Then, to renew Ordinance No. 877- C.S., Government Code Section 7071 requires the City Council to determine, based on the annual military equipment report submitted by the police department, whether each type of military equipment identified in that report has complied with the standards for approval.
The Pacifica Police Department held a “well-publicized and conveniently located community engagement meeting at Pacifica Java on June 14, 2023. The Police Department also submitted the Annual Military Equipment Use Report to the Council on June 4, 2023.
The City Council meeting on August 14, 2023, is intended to satisfy all of the requirements of AB 481 and allow the Council to consider the Annual Military Equipment Use Report and whether the use of military equipment complied with the standards of use in the Policy in order to determine whether to renew Pacifica Police Department’s Military Equipment Policy by introducing an ordinance repealing and replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code.
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.
ALTERNATIVE ACTION:
1. Decline to repeal and replace Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code and decline to renew the Military Equipment Policy.
2. Decline to approve the Pacifica Police Department Military Equipment Annual Report 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:
There is no fiscal impact.
ORIGINATED BY:
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Police
ATTACHMENT LIST:
Attachment A - 2022 Annual Military Equipment Use Report (DOCX) Attachment B - Military Equipment Policy #705 (PDF)
Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (PDF)
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ORDINANCE NO. (ID # 5432)
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTER 19, “ACQUISITION AND USE OF MILITARY EQUIPMENT” OF TITLE 4 “PUBLIC SAFETY” OF THE PACIFICA MUNICIPAL CODE RENEWING THE
MILITARY EQUIPMENT USE POLICY
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, the City Council of the City of Pacifica adopted Ordinance No. 877-C.S. which became effective on May 25, 2022, adopting the City of Pacifica’s Military Equipment Policy, Lexipol Policy 705 “Military Equipment”; and
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WHEREAS, in accordance with Government Code section 7071(e), the Police Department has prepared the 2022 Annual Military Equipment Use Report 2022 (“Report”), which was made available to Council on June 4, 2023, and made available to the public on the Pacifica Police Department’s website on June 2, 2023; and WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting at Pacifica Java on June 14, 2023, where the public discussed and asked questions regarding the Report and the Pacifica Police Department’s funding, acquisition, or use of military equipment; and WHEREAS, the City Council of the City of Pacifica has been presented with the Report by the City of Pacifica Police Department and has determined that use of each type of military equipment identified in that report has complied with the military equipment use policy that was in effect at the time and satisfies all of the requirements specified in Government Code section 7072.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES ORDAIN AND FIND 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 Renewed. The City Council finds that the Report by the City of Pacifica Police Department meets the requirements of Government Code section 7072 and the use of military equipment complied with the standards of use authorized. Therefore, the City Council hereby renews and adopts the Pacifica Police Department’s Policy 705 “Military Equipment”, found here: https://www.cityofpacifica.org/departments/police/transparency
Section 3. Repeal and Replacement of Chapter 19. Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code is hereby repealed in its entirety and shall be replaced to read as follows:
“The Pacifica Police Department’s Policy 705 “Military Equipment” shall be maintained on the Pacifica Police Department’s website.” Section 4. CEQA. The City Council finds that this ordinance and the City of Pacifica Police Department’s Policy 705 and the Annual Report 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.
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Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council ofthe 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 ______ day of _______ 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 8
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(ID # 5432) at 8/14/2023 5:45 PM City Council Regular Meeting