TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Derrick Abell, Interim Police Chief
Christian Eichenlaub, Police Captain
Kelly Benjamin, Police Lieutenant
SUBJECT:Title
Second Reading for an Ordinance Adopting a Military Equipment Policy, Pursuant to Assembly Bill 481 (Interim Police Chief Abell).
ADOPT ORDINANCE NO. 22-0006
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. 22-0006, “An Ordinance of the Manhattan Beach City Council Establishing a Military Equipment Policy,” pursuant to Assembly Bill 481.
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FISCAL IMPLICATIONS:
The costs utilized to prepare the information, inventory, documentation, policy, and ordinance for this State mandated program were absorbed in the current Police Department budget. There are no new purchase requests or expenditures included in this staff report.
BACKGROUND:
After conducting a public hearing on May 17, 2022, the City Council voted to introduce Ordinance No. 22-0006, “An Ordinance of the Manhattan Beach City Council Establishing a Military Equipment Policy,” pursuant to Assembly Bill 481.
Assembly Bill 481 (AB 481), codified as Government Code Sections 7070 through 7075, requires law enforcement agencies to obtain approval from their governing body before requesting, funding, acquiring, using, or collaborating in the use of military equipment, as defined in Government Code Section 7070. Furthermore, the bill also requires similar approval for the continued use of military equipment acquired prior to January 1, 2022.
For further information, please see the staff report for the May 17, 2022 City Council meeting.
PUBLIC OUTREACH:
The Military Equipment Policy and Inventory List were posted on the City website on April 1, 2022. The City Council conducted a duly noticed public hearing on May 17, 2022 to consider the ordinance.
ENVIRONMENTAL REVIEW:
The subject request is not a “project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved the Ordinance and Military Equipment Policy as to form.
ATTACHMENTS:
1. Ordinance No. 22-0006 (with Exhibit A)
2. Military Equipment Inventory List