CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
9/11/2023
1 SUBJECT:
Adoption of 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.
RECOMMENDED ACTION:
Move to Waive the Second Reading of and Adopt 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. (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 / DISCUSSION:
This ordinance was introduced at the regular meeting of the City Council on August 28, 2023 and is now in order for adoption.
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.
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.
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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.
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 28, 2023 satisfied all of the requirements of AB 481 and allowed the Council to consider and accept the Annual Military Equipment Use Report and find that the use of military equipment complied with the standards of use in the Policy. At the meeting on August 28, 2023, the proposed ordinance repealing and replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code was introduced and is now in order for adoption.
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.
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.
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ORIGINATED BY:
Police
ATTACHMENT LIST:
Attachment A - Military Equipment Policy #705 (PDF)
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ORDINANCE NO. (ID # 5459)
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 of 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 ______ 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 7
September 11, 2023
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(ID # 5459) at 9/11/2023 7:00 PM City Council Regular Meeting