FOR THE COUNCIL MEETING OF JUNE 4, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Chief of Police Marc Schneider
SUBJECT: Adoption of a Resolution Approving the Military Equipment Use Annual Report for 2023-2024
Description:
The City Council will consider approving the Annual Military Equipment Use Report 2023- 2024, including the acquisition of additional equipment and renewing Ordinance No. 2022-03, which adopted a Military Equipment Use Policy in compliance with Assembly Bill 481.
Environmental Notice: This action is not a project subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).
RECOMMENDATION:
Adopt a Resolution approving the Annual Military Equipment Use Report 2023 -2024, including the acquisition of additional equipment and renewing Ordinance No. 2022 -03; which adopted a Military Equipment Use Policy in compliance with Assembly Bill 481.
BACKGROUND:
Assembly Bill 481 (AB 481) codified in Government Code Sections 7070 through 7075, requires local law enforcement agencies to adopt a military equipment use policy, which must be approved by their governing body prio r to funding, acquiring, or using military equipment. On June 7, 2022, the City Council passed Ordinance No. 2022 -03, adopting a Military Equipment Use Policy.
DISCUSSION:
The Santa Maria Police Department (SMPD) has responsibly purchased and utilized the types of equipment defined within AB 481 in the community for decades without misuse or abuse.
The term "military equipment,” as used in AB 481, does not necessarily indi cate equipment that has been used by the military. Military equipment as defined in AB 481, includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, 2 command and control vehicles, pepper balls, less lethal shotguns, less lethal 40 mm projectile launchers, long-range acoustic devices, and flashbangs. These items provide peace officers with the ability to safely resolve volatile situations that otherwise might rise to the level of a lethal force encounter. These tools have been tested in the field and are used by law enforcement agencies to enhance public and officer safety. The loss of these items would jeopardize the welfare of community members and peace officers within the SMPD.
AB 481 requires law enforcement agencies to subm it to its governing body an annual report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. Staff prepared an Annual Military Equipment Use Report 2023-2024 (Annual Report) (Attachment A) which summarizes information including a description of the purpose of the equipment and how it was used; any complaints received; the results of any internal audits; the cost of the equipment; the quantity possessed; and if the City intends to acquire additional equipment in the next year.
The Annual Report was posted on the City’s website on May 3, 2024 . In addition, a community engagement meeting was held on June 3, 2024, wherein the public was invited to discuss and ask questions regarding the Annual Report and the Police Department’s funding, acquisition, or use of military equipment.
The Annual Report concludes the City did not receive any complaints related to its military equipment. In addition, there were no violations of department policy related to the deployment of military equipment by department personnel. AB 481 also requires the City Council to annually renew its military equipment use policy (Attachment B).
Alternative(s)
This equipment is necessary because no reasonable alternatives can achieve the same officer, civilian, and public safety objectives. Without City Council approval, the Police Department’s ability to respond to critical incidents would be greatly diminished, wh ich would be detrimental to the safety of the public, involved parties, and public safety officers.
Fiscal Considerations
There are no significant financial impacts anticipated with this action. The current or proposed equipment has already been paid for or will be paid for by private donations or approved budgets. The equipment is reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety. No additional funding is being sought.
Impact to the Community
Adoption of this Resolution will allow the SMPD to maintain service levels and safeguard the public as well as its public safety officers.
ATTACHMENTS
A. Annual Military Equipment Use Report 2023-2024
B. Military Equipment Use Policy