Ord. No. 2022-5. Military Equipment Policy.
AN UNCODIFIED ORDINANCE REGARDING POLICE ACQUISITION AND USE OF MILITARY EQUIPMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481), relating to the use of military equipment by law enforcement agencies, and is codified at California Government Code sections 7070 through 7075; and
WHEREAS, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined in Government Code section 7070, AB 481 requires the San Mateo Police Department to obtain City Council approval of an ordinance adopting a military equipment use policy at a regular meeting held pursuant to open meeting laws; and
WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is found within San Mateo Police Department (SMPD) Policy 709, attached hereto as Exhibit A; and
WHEREAS, in accordance with Government Code section 7071(b), SMPD Policy 709 was published on the SMPD website on March 15, 2022, more than thirty days before presentation of the policy to the City Council on April 18, 2022; and
WHEREAS, SMPD Policy 709 complies with Government Code section 7070(d), which sets forth the requirements of a military equipment use policy.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. CEQA.
In accordance with California Environmental Quality Act (CEQA) Guidelines section 15378, this action is not a project because adopting an ordinance to approve a military equipment use policy is an organizational or administrative activity that will not result in any direct or indirect physical changes in the environment.
Incorporation of Recitals. The recitals set forth above are hereby incorporated into this ordinance as if fully set forth herein.
Findings and Determinations. Based on the recitals set forth above, in addition to information provided to the City Council at the public meeting, the City Council finds and determines that:
(a) The military equipment identified in SMPD Policy 709 is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
(b) SMPD Policy 709 will safeguard the public's welfare, safety, civil rights, and civil liberties.
Approval of Military Equipment Use Policy. SMPD Policy 709, attached hereto as Exhibit A and incorporated by reference, is hereby approved and adopted.
Annual Review of Ordinance and Military Equipment Report. The City Council will review this ordinance at least annually, and at that time vote on whether to renew the ordinance at a regular meeting. An annual military equipment report shall also be submitted to the City Council after making the report publicly available on a City internet website and following community outreach, all in accordance with state law.
Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Legislative History and Effective Date. This ordinance was introduced on April 18, 2022, and adopted on May 2, 2022, and shall be effective 30 days after its adoption.
The foregoing ordinance was adopted by the City Council of the City of San Mateo, State of California by the following vote:
|AYES||Council Members Bonilla, Papan and Lee|
|ABSENT||Goethals and Rodriguez|
[For text of Military Equipment Use Policy see PDF]