CITY OF POMONA
COUNCIL REPORT
May 16, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Michael Ellis, Chief of Police
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE ENACTING A MILITARY EQUIPMENT USE POLICY AS REQUIRED BY ASSEMBLY BILL 481 RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 4316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 14 ("EMERGENCY MANAGEMENT AND EMERGENCY SERVICES") OF THE CITY OF POMONA CITY CODE BY ADDING DIVISION 5 ("MILITARY EQUIPMENT USE POLICY") TO ARTICLE IV ("POLICE DEPARTMENT"), GOVERNING THE USE OF MILITARY EQUIPMENT BY THE POMONA POLICE DEPARTMENT DISCUSSION:
This ordinance was first introduced at a Public Hearing during the May 2, 2022 City Council Meeting (Attachment No. 1). The purpose of proposed Ordinance No. 4316 (Attachment No. 2) is to enact a military equipment use policy as required by Assembly Bill 481.
Assembly Bill 481 ("AB 481") went into effect on January 1, 2022, and requires a law enforcement agency to obtain approval of its governing body to enact a military equipment use policy ("policy") before purchasing, using, raising funds for, or acquiring military equipment. AB 481 requires the policy be submitted to the City Council and posted on the City's website 30 days before a public hearing where the policy will be considered and adopted by ordinance. The proposed policy being presented to the City Council satisfies the requirements of AB 481 and has been posted on the City's website for the required 30 days for public review and inspection. Also, as mandated by AB 481, a "well-publicized and conveniently located community engagement meeting" was held during the April 19, 2022 Police Oversight Commission meeting to allow for public discussion and input on the proposed policy.
During the May 2, 2022 Public Hearing of this item, Councilmember John Nolte requested, with Council approval, that language from Assembly Bill 481 with respect to this legislation and its impact on the public’s welfare, safety, civil rights, and civil liberties be added to proposed Ordinance No. 4316.
The ordinance will take effect 30 days after its adoption on May 16, 2022.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
Prepared by:
_____________________________
Rosalia A. Butler, MMC
City Clerk
ATTACHMENTS:
Attachment No. 1 – Staff Report Item No. 11 dated May 2, 2022 Attachment No. 2 – Proposed Ordinance No. 4316
Ordinance Enacting a Military Equipment Use Policy as Required by Assembly Bill 481