TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
DATE: November 13, 2024
SUBJECT: ADOPTION OF RESOLUTION NO. R-24-37, A REVIEW OF
THE SAN MARINO POLICE DEPARTMENT MILITARY
EQUIPMENT ANNUAL REPORT AND RENEWAL OF SAN
MARINO CITY ORDINANCE NO. O-22-1390
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 to require approval for obtaining and continuing use of military equipment within its jurisdiction.
AB481, 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, by resolution of the governing body.
In May of 2023, the San Marino City Council approved Ordinance 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, transparency, oversight, and accountability.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
In order to continue use of the previously acquired military equipment, Government Code §§ 7070, 7071 and 7072 requires each law enforcement agency's governing body to approve an annual report and review and, if acceptable, renew any ordinance it has adopted approving the funding, acquisition, or use of military equipment. The ordinance was reviewed and renewed on April 2024 by the San Marino City Council in compliance with state law.
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 for members of the public may register complaints, and concerns or submit questions about the use of each specific type of military equipment.
The current Military Equipment Inventory has only one significant change since the last Military Equipment Report (2023) and renewal of City Ordinance O-22-1390, Category 1, “Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles.” In May and July 2024, the San Marino Police Department took possession of two Skydio Unmanned Aerial Systems (UAS). The funding for both UAS came from the federal COPS (Citizen’ Option for Public Safety) grant and was approved by the City Council for purchase in January 2023 for the sum of $33,117.13.
FISCAL IMPACT & PROCUREMENT REVIEW
There would not be any new, unplanned direct fiscal impacts to continue 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 Council adopt Resolution R-24-37 renewing San Marino City Ordinance O-22-1390 and finding that the annual Military Equipment Report 2024 complies with the standards of approval set forth in Government §§ 7070, 7071 and 7072. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution R-24-37 renewing San Marino City Ordinance O22-1390 and finding that the annual Military Equipment Report 2024 complies with the standards of approval set forth in Government §§ 7070, 7071 and 7072.”
ATTACHMENTS
1. San Marino Police Department Annual Military Report 2024
2. Military Weapons Inventory 2024 Amended
3. San Marino Police Department Policy 705
4. Resolution R-24-37
5. Ordinance O-22-1390
6. California Government Code 7070
7. California Government Code 7071
8. California Government Code 7072