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Home My WebLink About05 SECOND READING AND ADOPTION OF ORDINANCE NO. 1545Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 MEETING DATE TO FROM Agenda Item 5 AGENDA REPORT Reviewed: Initial City Manager a`V� Finance Director N/A AUGUST 20, 2024 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1545 — MILITARY USE EQUIPMENT POLICY SUMMARY: Adoption of Ordinance No. 1545 approves the Tustin Police Department's General Order 708 — Military Use Equipment Policy, in compliance with Assembly Bill 481. RECOMMENDATION: That the City Council have second reading by title only and adoption of Ordinance No. 1545. FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: This contributes to the fulfillment of the City's Strategic Plan Goal B:Goal B. Public Safety and Protection of Assets. BACKGROUND AND DISCUSSION: On July 16, 2024, the City Council had first reading by title only of Ordinance No. 1545. ORDINANCE NO. 1545 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 City Council Agenda Report Second Reading and Adoption of Ordinance 1545 August 20, 2024 Page 2 Signed by: fyi(A UaSWIA iewW4Yasuda City Clerk Attachment: 1. Ordinance No. 1545 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 ORDINANCE NO. 1545 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. 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. 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. SECTION 2. Assembly Bill 481 requires that after initial approval of a military equipment policy, the Department must annually submit a report to the governing body which details the Department's use of military equipment, any complaints regarding the Department's use of military equipment, any violations of the Department's policy, and any anticipated acquisition of additional military equipment by the Department in the coming year. SECTION 3. In addition, Assembly Bill 481 provides that the governing body shall review any ordinance that it has adopted to approve the funding, acquisition, or use of military equipment at least annually and, subject to the requirements of Government Code section 7071, vote on whether to renew the ordinance at a regular meeting of the governing body. SECTION 4. On June 4, 2024, the Department submitted its annual military equipment use report to the City Council. As directed by City Council, the annual report was posted on the Department's website on June 4, 2024. On July 16, 2024, the Department held a well -publicized and conveniently located community engagement meeting at which the general public was able to discuss and ask questions regarding the annual military equipment report and the Department's funding, acquisition, or use of military equipment. SECTION 5. The Tustin Police Department Military Equipment Use Policy is attached as Exhibit "A" (the "Policy"). The Policy was published on the City of Tustin internet website, which also serves as the website for the Tustin Police Department, for not less than 30 days commencing on June 4, 2024. The proposed Ordinance and Policy were presented to City Council at a duly noticed public hearing held on July 16, 2024, at which time members of the public were provided an opportunity to comment on the proposed Ordinance and Policy. Ordinance No. 1545 Page 1 of 4 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 SECTION 6. The Policy complies with the requirements of California Government Code section 7070, subdivision (d). SECTION 7. Based on the findings above, in addition to information provided to the City Council at the public hearing, the City Council determines as follows: A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. B. The Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. C. The military equipment identified in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. SECTION 8. Approval of the Policy. The City Council of the City of Tustin approves and adopts Tustin Police Department Policy 708, "Military Equipment Use", attached hereto as Exhibit "A". In doing so, the City Council directs that: A. Staff is authorized to request, seek funding for, acquire, collaborate with other jurisdictions about the deployment of, and use military equipment consistent with this Policy. B. The Policy shall be maintained on the Police Department's website page. C. Annually, the Police Department shall hold a well -publicized and conveniently located community engagement meeting regarding the Police Department's Policy and use of military equipment, pursuant to Cal. Government Code section 7072 (b). D. Annually, the City Council shall review this Ordinance, the Policy and the annual military equipment report prepared by the Police Department pursuant to Cal. Government Code section 7072 and determine by ordinance whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance. E. Annually, the City Council shall determine, based on the annual military equipment report submitted pursuant to Cal. Government Code section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this Ordinance. SECTION 9. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ordinance No. 1545 Page 2 of 4 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 SECTION 10. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of 2024. AUSTIN LUMBARD, Mayor ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: DA EFAKE NDIG, City Attorney Ordinance No. 1545 Page 3 of 4 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1545 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 1611 day of July, 2024 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1545 Page 4of4