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HomeMy WebLinkAboutCC Ord 1705 2023-06-12 ORDINANCE 1705 AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL RENEWING ORDINANCE 1694 AND APPROVING THE SEAL BEACH POLICE DEPARTMENT'S UPDATED MILITARY EQUIPMENT USE POLICY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1 . Findings. On May 22, 2023, 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 ("AB 481"), relating to the use of military equipment by law enforcement agencies. B. AB 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," as defined by Government Code section 7070(c). C. Government Code section 7071(a) 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. D. Government Code section 7071(d) requires the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified findings. E. On April 25, 2022, City Council adopted its military equipment use ordinance, Ordinance No. 1694, approving the Seal Beach Police Department's Military Equipment Use Policy — Policy 706 and Military Equipment Use Inventory. F. The Seal Beach Police Department currently possesses equipment that qualifies under the definition of "military equipment" in Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents. G. In accordance with Government Code Section 7071(e)(1), a law enforcement agency seeking to continue the use of any military equipment must annually commence the governing body renewal process for the military equipment use ordinance adopted by the governing body. H. In accordance with Government Code Section 7072(a), the Seal Beach Police Department submitted an annual report for each type of military equipment approved and has posted a copy of the annual report on the Seal Beach Police Department's website. I. The Seal Beach Police Department seeks to add different types and modify existing quantities of military equipment as identified in the Seal Beach Police Department's Policy 706 and Military Equipment Use Inventory, for the purpose of protecting the safety of officers, residents and visitors in the City of Seal Beach. J. This ordinance was introduced to the City Council at the public meeting held on May 22, 2023, at which time the public had the opportunity to comment on this ordinance and the renewal of the military equipment use ordinance, military equipment use policy, and military equipment use inventory list. K. 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. Pursuant to Government Code Section 7071, the City Council hereby renews its military equipment use ordinance, Ordinance No. 1694, and approves and adopts the updated military equipment use policy, Seal Beach Policy Department Policy 706, as set forth in the attached Exhibit A and incorporated by this reference. 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 May 22, 2023. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of June, 2023 by the following vote: AYES: Council Members: Kalmick, Landau, Moore, Sustarsic, Steele NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None 14114 O, SEAL Thomas Moore, Mayor A i i „„„ 'p• t:Q; Q Gloria D. H.rper, City Clerk F ,, 1,'�p�\�� .,F c0UNTy`� APPROVED AS TO FORM: owl Nicholas Ghirelli, City Attorney 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 1705 was introduced for first reading at a regular meeting held on the 22nd day of May, 2023, and was passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of June, 2023, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. 1`.14•14 loria D. a •er, 'ity Clerk