T-DPS-220007/73124 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE REGARDING THE PRESENTATION OF
THE ANNUAL PUBLIC SAFETY MILITARY EQUIPMENT
USE REPORT AND RENEWAL OF MILITARY
EQUIPMENT USE POLICY PURSUANT TO ASSEMBLY
BILL NO. 481
WHEREAS, the Legislature of the State of California adopted Government Code Section 7070 et seq. (the Military Equipment Use Statute) which required municipalities to seek prior authorization from its governing body for acquiring and using military equipment; and
WHEREAS, the Legislature of the State of California found that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern; and WHEREAS, the Sunnyvale Department of Public Safety, having in its possession certain pieces of equipment classified by the Military Equipment Use Statute as military equipment, brought its policy before the Sunnyvale City Council, which was introduced on April 5, 2022, adopted on April 26, 2022, modified on November 29, 2022, and renewed on May 2, 2023; and WHEREAS, pursuant to the Military Equipment Use Statute, the Department of Public Safety posted and maintained its policy on the City website, and publicly posted its annual report on its uses of military equipment on or about May 16, 2024, with a community meeting on the report scheduled for May 23, 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
SECTION 1. FINDINGS. The City Council hereby finds and declares that the above recitals are true and correct. The City Council has engaged in its annual review of Lexipol Policy 705, Miliary Equipment and finds that it meets all the required elements outlined in AB 481. The City Council re-authorizes the previously approved equipment list. The City Council further authorizes the purchase of replacement items identified in the annual report. The City Council further authorizes the Department of Public Safety to seek grant funding for replacement equipment.
The City Council further finds that each type of military equipment has complied with the standards set forth in the policy.
SECTION 2. MILITARY EQUIPMENT USE POLICY RENEWED. The Military Equipment Use Policy is hereby renewed, including all exhibits and attachments thereto. The Director of Public Safety is authorized to execute and implement the Military Equipment Use Policy on behalf of the City of Sunnyvale.
SECTION 3. CEQA—EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this resolution is exempt from the DRAFT 4/29/24_________
Attachment 4
T-DPS-220007/73124 2
requirements of the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that it may have an impact on the environment.
Adopted by the City Council at a regular meeting held on ___________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
__________________________________ _________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
___________________________________
REBECCA L. MOON
Interim City Attorney
Attachment 4