TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Rachel Johnson, Chief of Police
Kelly Benjamin, Lieutenant
SUBJECT:Title
Conduct Public Hearing and Consideration of an Ordinance Renewing the City’s Military Equipment Policy (No Budget Impact) (Police Chief Johnson).
(Estimated Time: 10 Mins.)
A) CONDUCT PUBLIC HEARING
B) RECEIVE AND FILE THE 2024 ANNUAL MILITARY EQUIPMENT REPORT
C) CONSIDER RENEWING ORDINANCE NO. 22-0006 ESTABLISHING A MILITARY EQUIPMENT POLICY
D) CONSIDER INTRODUCING ORDINANCE NO. 25-0007 TO RENEW ORDINANCE NO. 22-0006
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RECOMMENDATION:
Staff recommends that the City Council hold a public meeting, pursuant to Assembly Bill 481, to review the 2024 Annual Military Equipment Report, which lists the use of military equipment by the Manhattan Beach Police Department in 2024. After receiving public input, Staff additionally recommends the City Council receive and file the Annual Report; introduce Ordinance No. 25-0007 to renew Ordinance No. 22-0006; and approve future purchases of military equipment per both Ordinances.
FISCAL IMPLICATIONS:
The costs to prepare the information, inventory, documentation, policy, and ordinance for this State-mandated program were absorbed in the current Police Department budget. Purchase requests will vary depending on City Council direction but could vary depending on replacement costs and any new equipment approved for purchase.
BACKGROUND:
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. This bill became effective on January 1, 2022. In full compliance with AB 481, the City Council held public meetings and adopted Ordinance No. 22-0006 in 2022.
AB 481 uses the terminology “military equipment” to identify/describe 15 categories of equipment, which may be acquired from various sources and are not specifically, or necessarily, equipment exclusive to the military, or equipment acquired by the military.
State law requires that Military Equipment Use Policies be reviewed on an annual basis. After such review, a governmental agency’s military equipment ordinance may be “renewed.” While State law provides little, if any, guidance as to how such ordinances are “renewed”, the safest course of action is to adopt a new ordinance. After a duly noticed public meeting held on March 5, 2024, the City Council adopted Ordinance No. 24-0001 to renew Ordinance No. 22-0006.
DISCUSSION:
The Police Department’s mission is to provide the highest quality police services to our community. The Police Department operates in unpredictable and dynamic environments, and responds to a wide variety of critical incidents, instances of civil unrest, and life and death situations. As such, a variety of equipment options are needed for an effective and safe resolution to those situations. The Police Department’s diverse catalog of equipment and associated training gives Police Officers the confidence and capability to de-escalate volatile situations, enhance the safety of the public and officers, and bring critical incidents to a safe resolution.
In full compliance with AB 481, the City Council adopted its Military Equipment Policy in 2022. While the Policy has not changed since 2022, the inventory list has been updated.
In accordance with AB 481, the Police Department worked with the City Attorney’s Office to create a Military Equipment Policy (Attachment 2) and authored an Annual Military Equipment Report for 2024 (Attachment 3). The Police Department created a Military Equipment Use Log to track reportable uses of military equipment once the ordinance and policy were approved.
The policy outlines the safeguards in place to protect the public’s welfare, safety, civil rights, and civil liberties. The policy identifies the measures taken to ensure transparency, oversight, and accountability for the Department and the Department’s ability to acquire and use the identified equipment. After adoption of the policy and ordinance, the law required for annual reporting to the governing body, review of the ordinance, and presentation of a use report, all of which are posted to the department’s website.
As identified in California Government Code section 7072(a), an annual report will be provided to the City Council, which will provide, at minimum, the following information for the preceding calendar year:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Police Department is committed to using the most up to date tools and equipment to safeguard our community. Many items defined as military equipment in AB 481 are employed by law enforcement agencies across the country to significantly reduce risk to community members. These items provide police officers with the ability to safely resolve volatile situations that might otherwise rise to the level of a lethal force encounter. To that end, the items outlined in the inventory and the Military Equipment Policy are reasonable and necessary.
PUBLIC OUTREACH:
The Military Equipment Policy and Inventory List were posted on the City website on April 1, 2022. While the Policy has not changed since 2022, the inventory list is updated yearly. This staff report and related presentation meets the requirement of AB 481 to provide the public with an opportunity to ask questions and provide input in a public setting regarding the Military Equipment Policy.
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.
ATTACHMENT/ATTACHMENTS:
1. Ordinance No. 25-0007
2. Ordinance No. 22-0006 (June 7, 2022)
3. Military Equipment Inventory List (Revised)
4. Military Equipment Usage Log