Ordinance Fact Sheet
TO:
FROM:
CITY COUNCIL
CITY ATTORNEY
DATE: June 13, 2022
SUBJECT: AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA
ADOPTING A MILITARY EQUIPMENT USE POLICY
TITLE OF PROPOSED ORDINANCE
UNCODIFIED ORDINANCE OF THE CITY OF PASADENA ADOPTING A MILITARY
EQUIPMENT POLICY
PURPOSE OF ORDINANCE
As directed by the City Council on April 25, 2022, this ordinance adopts a military equipment use policy pursuant to Government Code Section 7071.
REASON WHY LEGISLATION IS NEEDED
Assembly Bill 481, codified as Government Code Section 7070 et seq., went into effect on January 1, 2022, and requires a law enforcement agency that seeks to continue use of military equipment to "commence a governing body approval process" no later than May 1, 2022, and to have the military equipment use policy adopted by the body (here, the City Council) no later than 180 days of submission of the proposed policy.
AB 481 also requires the City Council to review the ordinance adopting the military equipment use policy at least annually, on a going-forward basis.
In response to the Council's discussion about the policy at its May 23, 2022 meeting, the Police Department has revised the Purpose of the .50 Caliber Precision Rifle (page 7 of the current equipment list, which is part of the policy) to clarify that the primary purpose of this equipment is not for use against individual persons, except if necessary in exigent circumstances.
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MEETING OF
06/13/2022
21 AGENDA ITEM NO. ----
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
The Police Department will implement this ordinance.
FISCAL IMPACT
This ordinance will not have any fiscal impact.
ENVIRONMENT AL DETERMINATION
On April 25, 2022, the Council found that this ordinance is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines per Section 15061 (b)(3), the common sense exemption that CEQA only applies to projects that may have an effect on the environment.
Prepared by:
Concurred by:
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Michele Beal Bagneris
City Attorney