CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
6/28/2022
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
CARL CHARLES
INTERIM POLICE CHIEF
SUBJECT:
PUBLIC HEARING - ORDINANCE APPROVING THE PROPOSED MILITARY
EQUIPMENT USE POLICY
Summary:
Notice was published in the Signal Tribune newspaper per Government Code Section 65091 (a)(4) on June 10 and June 17, 2022; and notice was posted in accordance with Signal Hill Municipal Code Section 1.08.010 on June 10, 2022.
The City Council will conduct a public hearing and consider adopting a policy to establish the use of military equipment and equipment deemed to be military in nature by the Signal Hill Police Department.
Recommendation:
Introduce an ordinance, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, ADOPTING POLICE DEPARTMENT POLICY NO. 709 (MILITARY EQUIPMENT POLICY) IN ACCORDANCE WITH ASSEMBLY BILL 481
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Strategic Plan Objective:
Goal No. 6: Promote a transparent and open government.
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Background:
Assembly Bill 481 (AB 481) went into effect on January 1, 2022 and requires law enforcement agencies to obtain approval from their governing bodies to enact a military equipment use policy before requesting, purchasing, using, raising funds for, or acquiring military equipment (Attachment A). "Military equipment" includes, but is not limited to, armored or weaponized vehicles, large-caliber firearms, explosive projectile launchers, explosive breaching tools, or "flashbang" grenades.
AB 481 requires the policy be submitted to the City Council and posted on the City's website 30 days before a public hearing where the policy will be considered and adopted by ordinance. The proposed Military Equipment Use Policy (Policy) satisfies the requirements of AB 481 and has been made available as part of the City’s Public Hearing notice on the City's website as of May 6, 2022 (Attachment B). The proposed ordinance adopting the Policy is brought to the Council after the 30- day public review period during a properly noticed Public Hearing.
Analysis:
AB 481 requires the adopted Policy include the following:
• A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer. • The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
• The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. • The legal and procedural rules that govern each authorized use. • The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties in full adherence to the Policy.
• The mechanisms to ensure compliance with the Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the Policy.
• The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
The proposed ordinance also includes the required findings:
• The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. • The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. • When purchasing equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. • Prior military equipment use complied with any existing policy in effect at the time, or if prior uses did not comply with existing policies, corrective action has been taken to remedy CITY OF SIGNAL HILL Page 2 of 3 Printed on 6/23/2022
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6/28/2022
nonconforming uses and ensure future compliance.
Each agency must submit an annual military equipment report to the governing body detailing the equipment used in the preceding year. This report must include:
• A summary of how the equipment was used;
• A summary of complaints received;
• The result of any internal audit and actions taken in response; • The total annual cost and the quantity possessed of each type of military equipment; and • Any additional equipment the agency intends to acquire in the next year.
Each year the governing body must review the annual report and determine whether each type of military equipment identified in that report has complied with the standards for approval set forth above and vote on whether to renew the ordinance, in accordance with Government Code Section 7071(e)(2).
Waive the Reading of All Ordinances
Wherein the titles appear on the public agenda, said titles shall be determined to have been read by title, and further reading is waived. The purpose of waiving the reading of ordinances in full and authorizing reading by title only is to help streamline the Council meeting process, to avoid unnecessary delay and to allow more time for substantive discussion of items on the agenda.
Approved:
_________________________
Hannah Shin-Heydorn
Attachments
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