FOR THE COUNCIL MEETING OF JUNE 7, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Chief of Police
SUBJECT: ADOPTION OF AN ORDINANCE IN COMPLIANCE WITH AB 481
APPROVING THE POLICE DEPARTMENT'S MILITARY EQUIPMENT
USE POLICY
RECOMMENDATION:
That the City Council conduct a second reading and adopt Ordinance No. 2022-03 adopting a Military Equipment Use Policy for the Police Department in compliance with AB 481.
BACKGROUND:
At its regular meeting held on May 17, 2022, the City Council reintroduced Ordinance No. 2022-03 adopting a Military Equipment Use Policy for the Police Department in compliance with AB 481. This constitutes the second reading of Ordinance No. 2022-03.
This Ordinance would become effective 30 days after City Council adoption.
MARC SCHNEIDER
Chief of Police
ORDINANCE NO. 2022-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY FOR THE POLICE DEPARTMENT IN COMPLIANCE WITH AB 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at Sections 7070 through 7075 of Chapter
12.8 of Division 7 of Title 1 of the California Government Code, requires law enforcement agencies to obtain approval of the applicable governing body, by adoption of a military equipment use policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, the term "military equipment" is defined in California Government Code Section 7070(c); and
WHEREAS, California Government Code Section 7071(d)(1) requires the governing body to make certain determinations in order to approve a military equipment use policy; and
WHEREAS, the proposed City of Santa Maria Police Department Military Equipment Use Policy (SMPD Policy 707), attached as Attachment A to the Council Agenda Report and incorporated herein by reference, was posted on the Santa Maria Police Department's internet website on March 17, 2022. The proposed Military Equipment Use Policy was presented to the City Council on April 19, 2022, and May 17, 2022; and
WHEREAS, the proposed Military Equipment Use Policy complies with the requirements of California Government Code Section 7070(d).
NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Santa Maria, State of California, as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. The City Council finds as follows:
A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
C. The military equipment identified in the Military Equipment Use Policy is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the policies in effect at the time.
SECTION 3. The Santa Maria Police Department Military Equipment Use Policy (SMPD Policy 707), attached to the Council Agenda Report as Attachment A is incorporated herein by reference and is approved and adopted as presented.
SECTION 4.. Adoption of this Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act ("CEQA") Guidelines in that it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
SECTION 5. If any part or provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 6. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
SECTION 7. This Ordinance shall be in full force and effect thirty days after its passage.
Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within fifteen days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
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2 INTRODUCED at a regular meeting of the City Council of the City of Santa Maria, California, held on the 17th day of May 2022, and PASSED AND ADPOTED at a regular meeting of the City Council of the City of Santa Maria, California, held the 7th day of June 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
"NVA. .
epartmept Director
Citgijvlanager
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