RESOLUTION NO. R-24-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA PURSUANT TO GOVERNMENT CODE SECTION
7071 RENEWING CITY ORDINANCE O-22-1390, SAN MARINO POLICE DEPARTMENT POLICY 705 AND FINDING THAT THE ANNUAL MILITARY
EQUIPMENT REPORT COMPLIES WITH THE STANDARDS OF APPROVAL SET FORTH IN GOVERNMENT CODE SECTION 7071(d)
WHEREAS, Government Code sections 7070 et. seq. codifies Assembly Bill 481 (effective January 1, 2022) and requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcement agencies can continue to engage in activities related to the use of military equipment; and
WHEREAS, the San Marino Police Department has “military equipment” in its inventory and engages in critical public safety activities in coordination with other jurisdictions on police related matters, including safeguarding the public’s welfare and safety, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to other local jurisdictions to promote the safety and security of community members; and
WHEREAS, in June 2022, the City Council of the City of San Marino adopted Ordinance O-22-1390, which approved Military Equipment Policy 705 for police services, and included an inventory (report) of the City’s military equipment; and WHEREAS, San Marino Police Department Military Equipment Use Policy 705 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, complies with all the requirements of the Government Code and the San Marino City Code, will continue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding use of military equipment by the Department, and the Policy has been posted on the City’s website since its adoption; and
WHEREAS, the San Marino Police Department, as required by Government Code 7072, and San Marino Police Department Military Equipment Policy 705, has prepared and posted to its website and submitted to the governing body an annual report regarding the use of Military Equipment within the jurisdiction for the preceding calendar year that describes how any military equipment was used and its purpose, a summary of complaints or concerns, the results of any audits or violations of the policy, the total annual cost of each type of military equipment, the quantity possessed, and the intention to acquire any additional equipment in the next year; and WHEREAS, the Government Code and the San Marino City Code require the City Council to conduct an annual review of the Military Equipment Ordinance and Policy and vote on whether to the renew the Ordinance and Policy; and
WHEREAS, since drafting San Marino Police Department Military Equipment Policy 705 the department has maintained open channels of communication for members of the public to comment on the use of military equipment; and
WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the department received no comments regarding the use of military equipment; and
WHEREAS, the City Council has reviewed and desires to renew Ordinance O-22-1390 of the San Marino City Code and the San Marino Police Department Military Equipment Policy 705, which has been updated to reflect the replacement of the command post trailer; and WHEREAS, the City Council desires to find that the military equipment report complies with the standards of approval set forth in subdivision (d) of Government Code section 7071 because of the following:
1. Authorizing the use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of this equipment is part of the San Marino Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.
2. The Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of specified military equipment in the City of San Marino.
3. The purchasing of equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment policy that was in effect at the time of the use; and
WHEREAS, Ordinance No. O-22-1390, the updated Policy 705 and equipment inventory, and the annual report are attached hereto.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. All of the statements and facts set forth above in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this resolution.
SECTION 2. The City Council finds that Ordinance O-22-1390 and San Marino Police Department Military Equipment Policy 705 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and are not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 3. The City Council has reviewed Ordinance O-22-1390 of the San Marino City Code and hereby renews the Ordinance without change.
SECTION 4. The City Council has reviewed San Marino Police Department Military Equipment Policy 705 and hereby renews the Policy with the addition of the replacement command post trailer.
SECTION 5. The City Council has reviewed the annual military equipment report and finds that it complies with the standards of approval set forth in subdivision (d) of Government Code section 7071, and adequately contains the information required by Government Code 7072.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7. That the City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of May, 2024
________________________________
STEVEN W. HUANG, DDS, MAYOR
ATTEST:
_______________________
ALISON WALKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-07 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 8th of May, 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
ALISON WALKER
CITY CLERK