CITY OF SIMI VALLEY
MEMORANDUM
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une 13, 2022
TO
: City Council
F
ROM: Police Department
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UBJECT: SECOND READING OF ORDINANCE NO. 1342 AUTHORIZING THE
MILITARY EQUIPMENT USE POLICY FOR THE CITY OF SIMI VALLEY
POLICE DEPARTMENT
STAFF RECOMMENDATION
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t is recommended that Ordinance No. 1342 be adopted.
BACKGROUND
T
he attached Ordinance was introduced for first reading at the City Council meeting of May 16, 2022, without modification.
SUGGESTED CITY COUNCIL MOTION
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move to adopt Ordinance No. 1342.
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Lucy Blanco, CMC
City Clerk
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repared by: Lucy Blanco, CMC, City Clerk
AGENDA ITEM NO.
8C
ORDINANCE NO. 1342
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY, STATE OF CALIFORNIA, ADDING CHAPTER
45 (“MILITARY EQUIPMENT POLICY”) TO TITLE 5 OF THE
CITY OF SIMI VALLEY MUNICIPAL CODE GOVERNING
THE USE OF MILITARY EQUIPMENT BY THE POLICE
DEPARTMENT
T
HE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
W
HEREAS, 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
W
HEREAS, Assembly Bill No. 481 (“AB 481”), codified as Government Code Section 7070, et seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code Section 7070; and W
HEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
W
HEREAS, the Military Equipment Use Policy was published on the Simi Valley Police Depa rtment’s website 30 days before the Military Equipment Use Policy was considered at a public hearing before the City Council; and W
HEREAS, the Military Equipment Use Policy meets the requirements of California Government Code section 7071, subdivision (d)(1).
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
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ECTION 1. Recitals. The above recitals are hereby declared to be true and correct and represent the findings of the City Council made in exercise of its independent judgement.
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ECTION 2. Determinations. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Use Policy, based on the following findings:
a) The military equipment identified in the Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. b) The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
2 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) All prior military equipment use complied with the City’s policies that were in effect at the time.
SECTION 3
. Compliance with CEQA. Adoption of this Ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15 061(b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen in certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
SECTION 4.
Inconsistencies. Any provision of the Simi Valley Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 5.
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance of any part thereof is for any reason held to the unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance of any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective 30 days following adoption.
SECTION 7. Certification. The City Cler k shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.
PASSED and ADOPTED this 13th day of June 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
David Caceres, City Attorney Brian Paul Gabler, City Manager
David Livingstone, Chief of Police
3 ORD. NO. 1342