CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
7/11/2023
AGENDA ITEM
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: CARLO TOMAINO
CITY MANAGER
BY: WAYNE BYERLEY
CHIEF OF POLICE
SUBJECT:
RESOLUTION APPROVING THE 2022 MILITARY EQUIPMENT ANNUAL REPORT AND RENEWING ORDINANCE NO 2022-06-1535
Summary:
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481, which went into effect on January 1, 2022, and added California Government Code Sections 7070 through 7075 relating to the funding, acquisition, and status and inventory of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adoption of an ordinance. AB 481 also requires law enforcement agencies to present an annual report to their governing body on the status and inventory of the equipment. The City Council will consider approving the 2022 Military Equipment Annual Report and a resolution, renewing Ordinance No. 2022-06-1535 in accordance with Assembly Bill 481.
Recommendation:
Adopt a resolution, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING THE 2022 MILITARY EQUIPMENT ANNUAL REPORT AND RENEWING ORDINANCE NO. 2022-06-1535, IN ACCORDANCE WITH ASSEMBLY BILL 481
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
CITY OF SIGNAL HILL Page 1 of 3 Printed on 7/7/2023
powered by Legistar™
7/11/2023
Strategic Plan Objectives:
Goal No. 2: Ensure public safety is high priority.
Goal No. 6: Promote a transparent and open government.
Background:
On September 30, 2021, Governor Newsom signed into law AB 481, which went into effect on January 1, 2022, and added California Government Code Sections 7070 through 7075 relating to the funding, acquisition, and status and inventory of military equipment by local law enforcement agencies. The bill required law enforcement agencies seeking to fund or acquire new military equipment or continue use of any military equipment acquired prior to January 1, 2022, to draft a military equipment use policy and obtain approval from its governing body via adoption of an ordinance. At the June 28, 2022, City Council meeting, the City Council introduced Ordinance No. 2022-06-1535 (Attachment A), adopting the Signal Hill Police Department Policy No. 709 - Military Equipment Policy. The City Council subsequently adopted the Ordinance on July 12, 2022.
AB 481 also requires law enforcement agencies to present an annual report to their governing body on the status and inventory of the equipment, any complaint(s) or concern(s) regarding the status and inventory of the equipment, results of any internal audits on the status and inventory of the equipment, the annual costs for the equipment, the quantity possessed by the agency and the intention to purchase additional equipment in the following year. Staff reviewed department records and determined there were no complaints or concerns raised regarding the use of the equipment in 2022. Staff’s internal audit of the equipment use determined there were no violations of Police Department Policy #706 or any other departmental policy. The Signal Hill Police Department published the 2022 Military Equipment Annual Report on the City’s website on June 10, 2023 (Attachment B).
AB 481 further requires the governing body, at least annually, to review any ordinance it adopted approving the funding, acquisition, or status and inventory of military equipment and vote on whether to renew the ordinance. The City Council may, as a result, renew or not renew the authorizing ordinance, disapprove authorization for equipment where standards have not been met, or require modifications to the military equipment use policy based on whether the equipment detailed within the annual report complies with policy and meets specified standards set forth in California Government Code Section 7071, subdivision (d).
Analysis:
AB 481 was introduced to increase transparency and accountability for the funding, acquisition, and status and inventory of military equipment by state and local law enforcement agencies. The legislation includes a broad definition of what constitutes military equipment, including items such as unmanned aerial vehicles (UAVs, commonly referred to as drones) regularly used in everyday society by members of the public and have been effectively deployed for many years by law enforcement agencies to respond to emerging threats, civil unrest, and mass casualty events. Furthermore, several of the items the bill defines as military equipment are not necessarily used by the military but are less-than-lethal, standard issue equipment for peace officers. While possession of such equipment does not warrant its use in common circumstance, this essential equipment is deployed based on situational necessity to effectively de-escalate intense situations or bring volatile conditions CITY OF SIGNAL HILL Page 2 of 3 Printed on 7/7/2023
powered by Legistar™
7/11/2023
and critical incidents to a safe resolution.
In accordance with the annual requirements set forth in AB 481, the Police Department completed the 2022 Military Equipment Annual Report. The Department currently possesses 10 types of items that fall under the military equipment classifications delineated in AB 481. All equipment was funded and acquired either through City Council approved annual budgets or grant funding. The availability of this equipment enables the Police Department to minimize risk to members of the community and officers during dynamic and unfolding high-risk incidents, maintain a state of readiness through continuous training and familiarity with such equipment, and strategically fulfill its mission to protect life and property. The annual report includes an inventory detailing each type of military equipment possessed by the Police Department and its quantity, authorized use, fiscal impact, and training requirements. The report also summarizes usage of each type of equipment and complaints received regarding the equipment during calendar year 2022.
At this time, staff recommends the City Council review the proposed Resolution approving the 2022 Military Equipment Annual Report and renew Ordinance No. 2022-06-1535.
Attachments:
A. Ordinance No. 2022-06-1535
B. AB 481 Annual Report
C. Resolution
CITY OF SIGNAL HILL Page 3 of 3 Printed on 7/7/2023
powered by Legistar™