HomeMy WebLinkAboutORD 1527 (2022)DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
ORDINANCE NO. 1527
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. 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 May 3, 2022. The proposed Ordinance and Policy were presented
to City Council at a duly noticed public hearing held on July 19, 2022, at which time
members of the public were provided an opportunity to comment on the proposed
Ordinance and Policy.
SECTION 3. The Policy complies with the requirements of California Government Code
section 7070, subdivision (d).
SECTION 4. 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.
Ordinance No. 1527
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DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
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 5. 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 6. 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.
SECTION 7. 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.
Ordinance No. 1527
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PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 16th day of August, 2022.
DocuSigned by:
119DEE3867C041A...
AUSTIN LUMBARD,
Mayor
ATTEST:
DocuSigned by:
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CARRIE WOODWARD,
Acting City Clerk
Ordinance No. 1527
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DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1527
I, Carrie Woodward, Acting 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 five; that the above and foregoing Ordinance No. 1527
was duly and regularly introduced and read by title only at the regular meeting of the City
Council held on the 19' day of July, 2022, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 16th day of August, 2022, by
the following vote:
I:K01910Is] IIMAIaIu1:121M- 7 2 601
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
DocuSigned by:
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5C7F39A6D9D84E2._
CARRIE WOODWARD,
Acting City Clerk
Lumbard, Cooper, Clark, Gallagher (4)
(0)
Gomez (1)
Ordinance No. 1527
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