HomeMy WebLinkAboutCC Ord 1694 2022-04-25 ORDINANCE 1694
AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL
ADOPTING A MILITARY EQUIPMENT USE POLICY
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. On April 11, 2022, the City Council considered the adoption
of this Ordinance at a public meeting, and on the basis of the record thereof finds
the following facts to be true:
A. On September 30, 2021, Governor Gavin Newsom signed into law
Assembly Bill 481, relating to the use of military equipment by law
enforcement agencies.
B. Assembly Bill 481, codified at California Government Code sections 7070
through 7075, 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. AB 481 also requires that in seeking the approval of the
governing body, a law enforcement agency shall submit a proposed military
equipment use policy to the governing body and make those documents
available on the law enforcement agency's internet website at least 30 days
prior to any public meeting concerning the military equipment at issue. The
term '`military equipment" is defined in California Government Code section
7070.
C. Assembly Bill 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.
D. The proposed military equipment use policy is found within Seal Beach
Police Department Policy 706.
E. Seal Beach Police Department Policy 706, attached hereto as Exhibit
"A", was published on the Seal Beach Police Department's internet website
for not less than 30 days commencing on March 7, 2022. The proposed
Ordinance and Seal Beach Police Department Policy 706 were presented
to City Council at a public meeting held on April 11, 2022, at which time
public comment was submitted on the proposed Ordinance and Policy.
F. The Seal Beach Police Department Policy 706 complies with the
requirements of California Government Code section 7070, subdivision (d).
SECTION 2. Determinations
Based on the findings above, in addition to information provided to the City Council
at the public meeting and in the Staff Report, the City Council determines as
follows:
1. The military equipment identified in Seal Beach Police Department Policy
706 is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety.
2. Seal Beach Police Department Policy 706 will safeguard the public's
welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in Seal Beach Police Department Policy
706 is reasonably cost effective compared to available alternatives that can
achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use
policy that was in effect at the time, or if prior uses did not comply with the
accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
5. Seal Beach Police Department Policy 706, attached hereto as Exhibit"A",
is approved and adopted.
SECTION 3. Severability.
If any sentence, clause, or phrase of this Ordinance is for any reason held to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining provisions of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance and each sentence, clause or phrase thereof
irrespective of the fact that any one or more sentences, clauses or phrases be
declared unconstitutional or otherwise invalid.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in full force thirty (30) days after its
passage.
SECTION 5. Certification
The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach
held on April 11. 2022.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of April, 2022 by the following vote:
AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None1 1 1-1/ai,n4v.A.-
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Joe Kalmick, Mayor
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Gloria D. Harper, City Clerk L:1, 11
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Cr-11,7 t--le, City A torney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance 1694 was introduced for first reading at a regular meeting
held on the 11th day of April, 2022, and was passed. approved, and adopted by
the City Council at a regular meeting held on the 25th day of April, 2022, and do
hereby further certify that the Ordinance has been published pursuant to the Seal
Beach Charter and Resolution Number 2836.
Gloria D. Harper, City Clerk