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Home My WebLink AboutCC Ord 1718 2025-06-09 ORDINANCE 1718 AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL RENEWING ITS MILITARY EQUIPMENT USE ORDINANCE AND APPROVING THE SEAL BEACH POLICE DEPARTMENT'S UPDATED MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), adding sections 7070 et. seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring "military equipment," as defined by Government Code section 7070(c), and, WHEREAS, Government Code section 7071(a) requires law enforcement agencies to obtain approval from their governing body by an ordinance adopting a military 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"; and, WHEREAS, on April 25, 2022, City Council adopted its military equipment use ordinance (Ordinance 1694) approving the Seal Beach Police Department's Military Equipment Use Policy ("Policy 706") and Military Equipment Use Inventory; and, WHEREAS, on May 22, 2023, City Council authorized the Seal Beach Police Department's updated Military Equipment Use Policy and renewed its military equipment ordinance (Ordinance 1705); and, WHEREAS, on May 28, 2024, City Council authorized the Seal Beach Police Department's updated Military Equipment Use Policy and renewed its military equipment ordinance (Ordinance 1710); and, WHEREAS, 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; and, WHEREAS, 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; and, WHEREAS, the renewal of the military equipment use ordinance is necessary in order to continue the use of such equipment for the purpose of protecting the safety of officers, residents, and visitors in the City of Seal Beach; and, WHEREAS, the Seal Beach Police Department seeks authorization for the purchase of additional weapons previously authorized and identified in the Military Equipment Use Policy's attached Inventory; and, WHEREAS, in accordance with Government Code Section 7071(b), the Seal Beach Police Department submitted a proposed military equipment use policy with the updated inventory to the City Council and has posted a copy of the policy on the Seal Beach Police Department's website; and, WHEREAS, 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; and, WHEREAS, in accordance with Government Code Section 7072(b), the Seal Beach Police Department held a community engagement meeting on May 27, 2025, at which time the public had the opportunity to comment on the annual military equipment report; proposed military equipment use policy and inventory list; the renewal of the military equipment use ordinance; and the funding, acquisition, or use of military equipment. NOW, THEREFORE, the City Council of the City of Seal Beach does hereby ordain as follows: Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct. Section 2. Legislative Findings. Pursuant to Government Code Section 7071, the City Council considered the adoption of this Ordinance at a regular, public meeting on May 27, 2025, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings: A. The military equipment identified in the Seal Beach Police Department's Military Equipment Inventory are necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety for the reasons identified in the Military Equipment Inventory; and B. The military equipment identified in the Seal Beach Police Department's Military Equipment Inventory will safeguard the public's welfare, safety, civil rights, and civil liberties for the reasons identified in the Military Equipment Inventory; and C. The military equipment identified in the Seal Beach Police Department's Military Equipment Inventory are necessary because there are no cost-effective alternatives; and D. Prior military equipment use complied with Seal Beach Police Department Policy 706, 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. Section 3. Pursuant to Government Code Section 7071, the City Council hereby renews its military equipment use ordinance, Ordinance No. 1694, and authorizes the updated inventory list under Seal Beach Police Department Policy 706, as set forth in the attached Exhibit A and incorporated by this reference. Section 4. 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 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. Section 6. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its passage. Section 7. 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 the 27th day of May 2025. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on this 9th day of June 2025 by the following vote: AYES: Council Members Kalmick, Wong, Senecal, Steele, Landau NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members •tML bisa Lan au, or c y ATTEST / C± . ORATFn sctrGloria D. Harper, City ClerkfoB 11kF: c APPROVED AS TO FORM: 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 1718 was introduced for first reading at a regular meeting held on the 27th day of May, 2025, and was passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of June, 2025, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Har er, City Clerk