1. ORDINANCE NO. ___
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RICHMOND ADOPTING A MILITARY EQUIPMENT USE POLICY IN
COMPLIANCE WITH ASSEMBLY BILL 481 (GOVERNMENT CODE
SECTION(S) 7070 THROUGH 7075)
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes the public health, safety, and general welfare of its residents; and
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) now codified in California Government Code (“Gov. Code”) Sections 7070 through 7075, which relate to law enforcement’s use of military equipment as defined by Gov.
Code Section 7070(c)(1-15); and
WHEREAS, Gov. Code Section 7074 deems these provisions a statewide concern and thus applicable to charter cities such as Richmond; and
WHEREAS, Gov. Code Section 7101(a)(1)(A-G) requires law enforcement agencies to obtain approval of the applicable governing body (here, Mayor and City Council), by an ordinance adopting a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, et seq.; and WHEREAS, Gov. Code Section 7101(a)(1) requires that the adoption of such ordinance occur at a regular City Council meeting held pursuant to open meeting laws; and WHEREAS, Gov. Code Section 7101(a)(2) requires a law enforcement agency to commence a governing body approval process in accordance with the above provisions no later than May 1, 2022 to continue its use of any military equipment acquired prior to January 1, 2022; and WHEREAS, Gov. Code Section 7070(c)(1-15) defines “military equipment” broadly enough that it encompasses items standard within most law enforcement agencies (e.g., drones or specialized vehicles), which the Richmond Police Department (“RPD” or the “Department”) acquired prior to January 1, 2022; and
WHEREAS, pursuant to Gov. Code Section 7071(a)(1)(E), some of RPD’s law enforcement equipment meets the definition of “military equipment” under Gov. Code Section 7070(c)(1-15) and was acquired prior to AB 481 and its requirement that the City Council approve a use policy for same; and
WHEREAS, in accordance Gov. Code Section 7073(a), et seq., RPD drafted Policy No. 706 (“Military Equipment Funding, Acquisition and Use Policy”), which it published on the Department’s website on March 31, 2022; and
WHEREAS, the City Council of the City of Richmond, having received the information required under AB 481 (Gov. Code Sections 7070 through 7075) regarding RPD’s use of military
2. equipment as defined by said law, now deems it to be in the best interests of the City to approve the Military Equipment Policy as set forth herein.
THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:
SECTION 1.
The City Council finds and determines to be in full force and effect the Recitals above and hereby incorporates them herein.
SECTION 2.
Military Equipment Policy
(a) The City Council has made the following determinations pursuant to Gov. Code Section 7071(d)(1), et seq.:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed military equipment use policy (“Policy No. 706”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) 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. (b) RPD has submitted draft Policy No. 706 to the City Council and has made the document(s) available on the Department’s website for at least 30 days prior to a public hearing concerning the military equipment at issue.
(c) The City Council considered draft Policy No. 706 as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) Draft Policy No. 706 shall be made publicly available on the Department’s website for as long as the military equipment is available for use.
(e) Annually, RPD shall submit a military equipment report (“Report”) to the City Council, which contains information required by Gov. Code Section 7072, at which time, the City Council shall determine whether each type of military equipment identified in said Report complies with the standards for approval set forth in (a)(1)-(4), above.
3. (f) The City Council shall review this ordinance, and vote on whether to renew it, annually at a regular meeting, in accordance with Gov. Code Section 7071(e)(2). (g) The City Council approves the use of draft Policy No. 706 and finds that it satisfies the requirements of Government Code Section 7070(d).
SECTION 2.
SEVERABILITY CLAUSE If any section, subsection, subdivision, paragraph, sentence, clause , or phrase of this uncodified Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby de clares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause, or phrase.
SECTION 3.
This uncodified Ordinance shall be effective thirty (30) days after passage and adoption. First introduced at a regular meeting of the City Council of the City of Richmond held _______, 2022, and finally passed and adopted at a regular meeting held ________, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_________________________________________
CLERK OF THE CITY OF RICHMOND (SEAL)
Approved:
___________________________
Mayor
Approved as to form:
____________________________
Interim City Attorney