Ordinance No. 3238-22
Adding Chapter 16 to Title 3 of the Redondo Beach Municipal Code Military Equipment Use Policy
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ORDINANCE NO. O-3238-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, ADDING TITLE 3,
CHAPTER 16 OF THE REDONDO BEACH MUNICIPAL
CODE GOVERNING THE USE OF MILITARY EQUIPMENT
BY THE REDONDO BEACH POLICE DEPARTMENT AND
APPROVING THE MILITARY EQUIPMENT USE POLICY
PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law, effective January 1, 2022, Assembly Bill 481 (“AB 481”), codified in California Government Code Section 7070 et. seq. relating to the use of military equipment as defined in AB 481 by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired or used; and
WHEREAS, the Redondo Beach Police Department is in possession of certain items of equipment that qualify as “military equipment” as defined by AB 481; and WHEREAS, the Redondo Beach Police Department does not possess any tactical equipment obtained from the military nor does it possess any equipment that is designed solely for military use; and
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and WHEREAS, pursuant to Government Code section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Redondo Beach Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Use Policy no later than May 1, 2022; and
WHEREAS, as further required by Government Code section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Use Policy, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Redondo Beach Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and
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Adding Chapter 16 to Title 3 of the Redondo Beach Municipal Code Military Equipment Use Policy
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WHEREAS, Government Code Section 7071(b) requires that the Redondo Beach Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council, at least 30 days prior to any public hearing concerning the policy; and
WHEREAS, on April 19, 2022, the Redondo Beach Police Department posted its draft Military Equipment Use Policy to its public website, thereby complying with the 30- day posting requirement prior to a public hearing before City Council on August 2, 2022; and
WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Redondo Beach, having received the information required under AB 481 regarding the Redondo Beach Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.
NOW THEREFORE, the City Council of the City of Redondo Beach, California DOES HEREBY ORDAIN as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Having considered the Military Equipment Use Policy, and the information provided to the City Council at the public hearing, the City Council makes the following findings required by Government Code Section 7071(d)(1); A. The Military Equipment inventory included in the Military Equipment Use Policy lists equipment that is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
B. The proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
C. If purchasing the equipment listed, 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.
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Adding Chapter 16 to Title 3 of the Redondo Beach Municipal Code Military Equipment Use Policy
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SECTION 3. The Redondo Beach Police Department Military Equipment Use Policy is hereby approved.
SECTION 4. AMENDMENT OF CODE. That a new Chapter 16 (entitled “Military Equipment Use Policy”) of Title 3 (entitled “Public Safety”) of the Redondo Beach Municipal Code, is added in its entirety to read as follows:
MILITARY EQUIPMENT USE POLICY
3.16.01 Definitions
3.16.02 Military Equipment Use Policy Requirement
3.16.03 Reports on the Use of Military Equipment
§3.16.01 Definitions
A. “Military Equipment” includes all of the following, as defined in California Government Code §7070:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personal carriers. Police versions of standard consumer vehicles are specifically excluded from this subchapter.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subchapter.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
Items designed to remove a lock, such as bolt cutters, or a handheld ran designed to be operated by one person, are specifically excluded from this subchapter.
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8. Firearms of .50 caliber or greater. Standard issue shotguns are specifically excluded from this subchapter.
9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is specifically excluded from this subchapter.
10.Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Penal Code Sections 30510 and 30515, with the exception of standard issue service weapons and ammunition of less that .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11.Any firearm or firearm accessory that is designed to launch explosive projectiles.
12.“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13.Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14.The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15.Any other equipment as determined by a governing body or a state agency to require additional oversight.
16.Notwithstanding paragraphs (1) through (15) above, “Military Equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. “City” means any department, agency, bureau, and/or subordinate division of the City of Redondo Beach.
C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Redondo Beach Police Department.
D. “City Council” means the governing body that is the Redondo Beach City Council.
E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all the following:
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1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy.
6. The mechanisms to ensure compliance with the Military Equipment Use Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
G. “Type” means each item that shares the same manufacturer model number. §3.16.02 Military Equipment Use Policy Requirement
A. The Redondo Beach Police Department shall obtain approval of the City Council, by a motion adopting a Military Equipment Use Policy at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act, commencing with Section 54950 of the Government Code, prior to engaging in any of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a Title 10 of the United States Code.
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2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Redondo Beach.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this subchapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as along as the Military Equipment is available to use.
C. The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act commencing with Section 54950 of the Government Code.
§3.16.03 Reports on the Use of Military Equipment
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment.
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1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall 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.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this Subchapter and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
SECTION 5. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 6. INCONSISTENT PROVISIONS. Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City Ordinance No. 3238-22
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inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.
SECTION 7. SEVERANCE. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 8. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published by one insertion in the official newspaper of said city, and same shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED AND ADOPTED this 9th day of August, 2022. ________________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk Ordinance No. 3238-22
Adding Chapter 16 to Title 3 of the Redondo Beach Municipal Code Military Equipment Use Policy
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that Ordinance No. was introduced by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 2nd day of August 2022 and passed and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 9th day of August 2022, and there after signed and approved by the Mayor and attested by the City Clerk, and that said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Eleanor Manzano, CMC
City Clerk