TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
Kenric Wu, Administrative Sergeant
DATE: May 8, 2024
SUBJECT: ADOPTION OF RESOLUTION NO. R-24-07, A REVIEW OF
THE SAN MARINO POLICE DEPARTMENT MILITARY
EQUIPMENT ANNUAL REPORT AND RENEWAL OF SAN
MARINO CITY ORDINANCE O-22-1390 AND SAN MARINO
POLICE DEPARTMENT POLICY 705
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Engaged and Connected Residents
Efficient, Responsive, and Effective City Services
Safe Community
Fiscally Responsible and Transparent City Government
BACKGROUND
The California Legislature passed Assembly Bill (AB 481) in 2021, which requires law enforcement agencies, after January 1, 2022, to obtain approval from the applicable governing body to adopt a military equipment use policy, and to require approval for obtaining and continuing use of military equipment within its jurisdiction.
AB 481, provides the public a right to know about any funding, acquisition, or use of military-style equipment by a law enforcement organization through the adoption of a policy, and by resolution of the governing body.
In June of 2022, the San Marino City Council approved Ordinance No. O-22- 1390, a copy of which is attached hereto, enacting a military equipment use policy that addressed the legislature’s concern for local safeguards including, Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
transparency, oversight, and accountability.
In order to continue the use of the previously acquired military equipment, Government Code § 7070, 7071 and 7072 requires each law enforcement agency's governing body to review and approve an annual report, and if acceptable, renew any ordinance it has adopted approving the funding, acquisition, or use of military equipment.
DISCUSSION
The San Marino Police Department Military Equipment Annual Report is attached to this report and includes the following:
(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. The Police Department has established a concern or complaint process on our website so members of the public may register complaints, concerns or submit questions about the use of each specific type of military equipment.
The current Military Equipment Inventory has only had one significant change since Ordinance No. O-22-1390 was passed. Category 1, “Command and Control Vehicles are either built or modified to facilitate the operational control and direction of public safety units.” In June 2023, the San Marino Police Department took possession of a 2023 Ultratrailers Command Post Trailer. The funding for the trailer came from the Federal COPS (Citizens’ Option for Public Safety) grant and was approved by the City Council for purchase in October 2022 for the sum of $97,518.00.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Pursuant to California Public Resources Code § 21065 and the California Environmental Quality Act (“CEQA”) Guidelines § 15378, there is no possibility that this Resolution will have a significant impact on the physical environment and is not a project as defined under CEQA.
FISCAL IMPACT & PROCUREMENT REVIEW
There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Policy Department’s inventory or continuing to collaborate with other law enforcement agencies, including under mutual aid agreements. Maintenance costs of existing equipment are set forth in the attached Policy and are within the Department’s budget.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council adopt Resolution No. R-24-07, renewing both San Marino City Ordinance No. O-22-1390 and San Marino Police Department Policy 705, and finding that the San Marino Police Department Military Equipment Annual Report complies with the standards of approval set forth in Government Code § 7070, 7071 and 7072. If the City Council agrees with staff’s recommendation an appropriate motion would be:
“I move to adopt Resolution No. R-24-07: a review of the San Marino Police Department Military Equipment Annual Report and Renewal of San Marino City Ordinance No. O-22-1390 and San Marino Police Department Policy 705.”
ATTACHMENTS
1. San Marino Police Department Military Equipment Annual Report 2023
2. Resolution No. R-24-07
3. San Marino Police Department Policy 705
4. Military Equipment Inventory
5. San Marino City Ordinance No. O-22-1390
6. California Government Code § 7070
7. California Government Code § 7071
8. California Government Code § 7072