Agenda Item Wording:
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Military Equipment - Review Ordinance No. 2022-09, which adopted the Visalia Police Department Military Equipment Use Policy, the 2024 Visalia Police Department AB 481 Annual Report, and adopt Resolution No. 2024-23, a resolution renewing the Visalia Police Department Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 Annual Report pursuant to Government Code Section 7070 et seq. and determine that approval of Resolution No. 2024-23 is not a project under CEQA.
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Deadline for Action: 7/1/2024
Submitting Department: Police Department
Contact Name and Phone Number:
Jason Salazar, ext. 4215, jason.salazar@visalia.city <mailto:jason.salazar@visalia.city>;
Captain Daniel Ford, ext. 4151, daniel.ford@visalia.city <mailto:daniel.ford@visalia.city>;
Lieutenant Osvaldo Dominguez, ext. 4285, osvaldo.dominguez@visalia.city <mailto:osvaldo.dominguez@visalia.city>
Department Recommendation:
It is recommended that the City Council review Ordinance No. 2022-09, which adopted the Visalia Police Department Military Equipment Use Policy, the Visalia Police Department 2024 AB 481 Annual Report, and adopt Resolution 2024-23, a resolution renewing the Visalia Police Department Military Equipment Use Policy pursuant to Assembly Bill 481 and Government Code Section 7070 et seq.
Summary:
California Assembly Bill 481 (AB 481), the California Government Code (Gov. Code §
7070 et seq.), and Policy 708, requires that the Visalia Police Department submit an annual military equipment report to the legislative body, and for the Department to hold a public community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report, including the funding, acquisition, or use of military equipment. This agenda item accomplishes that meeting.
In addition, Government Code section 7071(e)(1) and (2) requires that the legislative body review the ordinance that adopted Policy 708 and vote on whether to renew it annually along with reviewing the equipment identified in the annual report has been used appropriately and deciding whether to allow the continued use of the specified equipment. The City Council shall review the ordinance adopting the Visalia Police Department Policy 708 Military Equipment and vote on whether to renew the ordinance by resolution.
Background Discussion:
AB 481, approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.), requires that all local law enforcement agencies obtain approval from the applicable governing body (City Council) via the adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, and collaborating with other jurisdictions regarding the deployment and use of equipment identified in AB 481 as military equipment.
The term “military equipment”, is defined in AB 481 and, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include but are not limited to, unmanned aerial systems (UAS), armored vehicles, command and control vehicles, specialized firearms and ammunition, kinetic energy weapons and munitions, and noise-flash diversionary devices. Many of the items listed as “military equipment” by AB 481 are in wide use by law enforcement agencies across the country as best practices to enhance community and officer safety and are used in daily operations or in response to critical incidents.
Visalia Police Department Military Equipment Policy 708 adheres to California Government section 7070 et seq. with respect to the approval, acquisition, and reporting requirements of military equipment and is consistent with industry best practices. The Visalia Police Department has reviewed the deployment and use of the inventoried equipment during the reporting period and determined that it complied with applicable use policies in effect at the time.
The applicable State Law and Policy 708 requires that the Police Department present an annual report regarding the use of military equipment in the previous year. The City Council is being requested to review the report and determine whether the Police Department’s military equipment use complies with the above-described standards for approval. Thereafter, the City Council is to review Ordinance No. 2022-09 and vote on whether to renew it, by the attached resolution. State law requires the annual report on the use of the specified equipment to be reviewed and for the City Council to decide whether the equipment has been used in compliance with the specified standards of usage. If the City Council determines the equipment has not been used according to the specified standards, then under Government Code section 7071(e)(2) it may disapprove the authorization to utilize specified equipment or require modifications to the equipment usage policy.
The 2024 Visalia Police Department AB 481 Annual Report was published on the City of Visalia website on June 20, 2024, at least (30) days prior this public hearing. The webpage containing the applicable documents related to this ordinance and policy can be located at the following link: City of Visalia - Mandated Disclosures <https://www.visalia.city/depts/police/public_records_act/mandated_disclosures.asp>
The Visalia Police Department considers all usage of the specified equipment to have been within the specified standards and the Department is seeking authorization to continue using all the specified equipment under the currently approved Military Equipment Use Policy.
Note: The Visalia Police Department does not possess or utilize any military equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).
Fiscal Impact:
None.
Prior Council Action: Approved.
Other: N/A
Alternatives: Not approve Resolution 2024-23.
Recommended Motion (and Alternative Motions if expected):
recommendation
After review of the 2024 Visalia Police department AB 481 Annual Report the Visalia City Council hereby adopts Resolution 2024-23, a resolution renewing Ordinance No. 2022-09, which authorized the Visalia Police Department Military Equipment Use Policy.
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Environmental Assessment Status: N/A
CEQA Review:
The City Council hereby finds and determines that there is no possibility that the adoption of this resolution will have a significant effect on the environment. The adoption of this resolution should be considered exempt from review or not a project under CEQA pursuant to California Code of Regulations Title 14, section 15061(b)(3) and section 15378(b)(5).
Attachments: 2024 Visalia Police Department AB 481 Annual Report and Proposed Resolution No. 2024-23.