ORDINANCE NO.
OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ORDINANCE (Uncodified) ADOPTING A SPECIAL OR MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
The City Council of the City of Pleasant Hill does ordain as follows:
ARTICLE 1. RECITALS.
(a) On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting of the governing body (the City Council) for that agency.
(b) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute. (c) To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.
(d) In accordance with AB 481, the proposed Policy will be made available on the Pleasant Hill Police Department’s website within 30 days of the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use. (e) In accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
(f) This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.
ARTICLE 2. INCORPORATION OF RECITALS.
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
ARTICLE 3. FINDINGS.
Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
ARTICLE 4. MILITARY EQUIPMENT USE POLICY ADOPTED.
In light of the findings in Article 3, and in accordance with AB 481, the Policy, attached hereto as Exhibit “A” and incorporated in full by reference, is hereby adopted by the City Council.
ARTICLE 5. SEVERABILITY.
Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
ARTICLE 6. NOT A CEQA PROJECT.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
ARTICLE 7. EFFECTIVE DATE.
This ordinance, or a summary thereof, shall be posted on the three (3) official bulletin boards of the City of Pleasant Hill within 15 days of its passage and is to take effect thirty (30) days after its passage.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 21st day of March, 2022.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the___ day of ___________, 202_, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk