ORDINANCE NO. O-22-1390
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, IMPLEMENTING AB 481 AND APPROVING A POLICY FOR
THE USE OF MILITARY EQUIPMENT BY THE SMPD
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072 to codify the requirements set forth in AB 481 including that the City of San Marino approve a Military Equipment and Use policy by Ordinance;
WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; WHEREAS, the San Marino Police Department ("SMPD") currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; WHEREAS, the SMPD works closely with other local, county, state, and federal law enforcement agencies on police related matters, including safeguarding the public's welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies;
WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members;
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public's welfare, safety, civil rights, and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; WHEREAS, SMPD Policy 705 sets forth a military equipment use policy that is consistent with the Department's current practices, has been posted on the Department's website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and ORDINANCE NO. O-22-1390
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compliance with the law going forward, and will provide a means of community engagement and transparency regarding use of military equipment by the Department; WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.
NOW, THEREFORE, the City Council of the City of San Marino, California, DOES HEREBY ORDAIN as follows:
Section 1. The City Council finds and determines as follows:
A. The facts set forth 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, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.
B. Authorizing the use of military equipment as set forth in this ordinance and SMPD Policy 705 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the military equipment as set forth in Policy 705 is part of the 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.
C. This ordinance and Policy 705 will safeguard the public's welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of San Marino.
D. For the equipment purchases set forth in Policy 705, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
E. Prior military equipment use by the Department complied with the military equipment use policy that was in effect at the time of the use.
F. This ordinance and SMPD Policy 705 comply with the requirements of AB 481.
Section 2. The City Council finds that this ordinance and 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 is not a "project," as defined in Section 15378 of the CEQA Guidelines.
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Section 3. Approval of Military Equipment Policy. The City Council adopts the 2022-2023 Military Equipment Use Policy, as set forth in Exhibit A. The City Council further directs staff to establish an annual review procedure to review and provide for approval of any renewal of the military equipment use policy, in accordance with Government Code section 7072, to occur before May 1st of each subsequent year.
Section 4. 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 5. Effective Date and Duration. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall certify the adoption of this ordinance and shall cause to be published pursuant to the provisions of Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 8th day of June, 2022.
SUSAN JAKUBOWSKI
MAYOR
ATTEST:
CHRISTINA I
CITY CLERK
APPROVED AS TO FORM:
JOSEPH MONTES
CITY ATTORNEY
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF SAN MARINO )
I HERBY CERTIFY that the foregoing Ordinance No. O-22-1390, was introduced at a Regular Meeting of the City Council held on the 11"h day of May, 2022, and was approved and adopted at a Regular Meeting of the City Council held on the 8th day of June, 2022, by the AYES: Council Member Huang, Council Member Shepherd Romey, Council Member Ude, Vice Mayor Talt, and Mayor Jakubowski
NOES: None
ABSENT: None
ABSTAIN: None
CITY CLERK