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TO:
VIA:
FROM:
DATE:
CITY COUNCIL
CITY ADMINISTRATOR
CHIEF OF POLICE
APRIL 19, 2022
Placentia City Council
I AGENDA REPORT'
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 0-2022-03
ADOPTING A MILITARY EQUIPMENT USE POLICY OF THE CITY OF PLACENTIA PER ASSEMBLY BILL (AB) 481
FISCAL
IMPACT: NONE
SUMMARY:
Assembly Bill Number 481 (AB 481), codified at Government Code sections 7070 through 7075, requires the Placentia Police Department (PPD) to obtain approval from the City Council of its Military Equipment Use Policy by ordinance in order to continue the use of this previously acquired equipment by May 1, 2022.
AB 481 became law as of January 1, 2022. Per AB 481, law enforcement agencies are required to obtain approval from their respective governing body by an ordinance adopting a military equipment use policy before using, acquiring, deploying, or seeking funding for any military equipment. Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies seeking to continue using military equipment acquired prior to January 1, 2022, have until May 1, 2022, to commence the governing body approval process described by the statute.
The list of items considered "military equipment" by AB 481 includes equipment that is employed by many law enforcement agencies across the country while engaging in best practices to enhance citizen and officer safety. The use of the military equipment identified on the attached inventory list is vital to PPD's mission and will continue to be strictly regulated through internal processes and oversight.
City staff have reviewed the requirements of AB 481 and developed a proposed ordinance adopting Police Department Policy No. 710 to comply with the law.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the public hearing concerning the requirements of AB 481 and proposed Police Department Policy No. 710; and
2. e.
Apr. 19, 2022
City Council Agenda
April 19, 2022
2. Receive the staff report, consider all public testimony, ask questions of Staff; and
3. Close the Public Hearing; and
4. Waive full reading, read by title only, and introduce for first reading Ordinance No. 0-2022- 03, an Ordinance of the City Council of the City of Placentia, California, adopting a military equipment policy of the City of Placentia governing the use of military equipment per AB 481.
DISCUSSION:
The term "military equipment," as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered "military equipment" by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.
Provided as attachments are the inventory list of military equipment that the PPD maintains or would like to consider obtaining in the future and the PPD's Military Equipment Use Policy. The proposed policy and inventory list provides the maximum number of each type of military equipment that PPD may acquire, use, deploy, and maintain. The policy does not necessarily reflect the current inventory that PPD maintains as of today's date. The current inventory numbers will be provided to City Council in the annual report required by AB 481.
The proposed policy safeguards the public's welfare, safety, civil rights, and civil liberties. The policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place. All items which result in a use of force will be investigated, as is already required by existing PPD policy. There are no reasonable alternatives to the items listed in Policy 710. PPD has not discovered alternative items that can achieve the same objectives of civilian and officer safety.
Prepared b
Adam Gloe
Lieutenant, Administrative Division
Reviewed and Approved:
fur
Lauren L'Ecuyer
Deputy City Attorney
City Council Agenda
April 19, 2022
Reviewed and Approved:
Brad Butts
Chief of Police
Reviewed and Approved:
'm rru I -
City Administrator
Attachments:
1. Ordinance No. 0-2022-03 — AB 481
2. PPD Military Equipment Use Policy No. 710