RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING THE ANNUAL MILITARY EQUIPMENT USE REPORT 2022-2023, INCLUDING THE ACQUISITION OF ADDITIONAL EQUIPMENT AND RENEWING ORDINANCE NO. 2022-03,
ADOPTING A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481) , relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 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, b y adoption of a milit ary 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, on June 7, 2022, the Santa Maria City Council passed Ordinance No. 2022-03, adopting a military equipment use policy in compliance with AB 481; and
WHEREAS, AB 481 also requires public agencies with military equipment use policies to prepare an annual military equipment report within one year of approval of the military equipment use policy and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the City prepared an annual report (Annual Military Equipment Use Report 2022 -2023) that was submitted to the City Council and posted on the City’s website on May 3, 2023, which is attached as Attachment A to the Council Agenda Report and incorporated herein by reference . In addition, a community engagement meeting was held on June 5, 2023, wherein the public was invited to discuss and ask questions regarding the annual military equipment repo rt and the Police Department’s funding, acquisition, or use of military equipment ; and
WHEREAS, AB 481 also requires the City Council to review its military equipment use policy annually and vote on whether to renew the Ordinance.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The above recitals are true and correct and incorporated herein.
2 2. Based on the annual military equipment report submitted pursuant to Government Code Section 7072, the City Council finds that each type of military equipment identified in that report has c omplied with the standards of approval set forth in subdivision (d) of Section 7071, specifically:
A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
B. The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
C. The equipment is reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
D. Prior military equipment use complied with the policies in effect at the time.
3. The Annual Military Equipment Use Report 2022-2023 is hereby approved , including the acquisition of additional equipment.
4. Consistent with Government Code Section 7071(e)(1), the City Council hereby ratifies and renews Ordinance No. 2022-03.
5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 6th day of June 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
3 APPROVED AS TO FORM:
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City Attorney
APPROVED AS TO CONTENT:
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Department Director
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City Manager