HomeMy WebLinkAboutOrd 2022-3520ORDINANCE NO. 3520
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE CHULA VISTA POLICE DEPARTMENT’S MILITARY
EQUIPMENT POLICY
WHEREAS, on September 30, 2021, the Governor of the State of California approved AB
481, “Funding, Acquisition and Use of Military Equipment,” which is codified in Chapter 12.8 of
the California Government Code, Sections 7070 to 7075; and
WHEREAS, this Chapter requires a law enforcement agency to obtain annual approval of
a military equipment policy by its governing body before it may seek funding for, acquire new, or
use existing military equipment, as defined; and
WHEREAS, this Chapter requires a local law enforcement agency to develop a written
policy that addresses military equipment use, description, purpose and authorized use, fiscal
impact, legal and procedural rules for authorized use, required training, mechanisms to ensure
policy compliance, and procedures for public complaints, concerns, and questions (Cal Gov. Code
Section 7070(d)); and
WHEREAS, this Chapter requires a law enforcement agency to post the proposed military
equipment policy on its website 30 days before holding a public hearing for the governing body to
consider the policy for approval (Cal. Gov. Code Section 7071(b)); and
WHEREAS, this Chapter requires the governing body to consider the proposed policy at a
regular meeting held in compliance with the Ralph M. Brown Act, and if approved, adopt the
military equipment policy in an ordinance after making the determinations required in
California Government Code Section 7071(d)(1)(A)-(D); and
WHEREAS, this Chapter imposes annual ongoing requirements on law enforcement
agencies: a) a law enforcement agency must post on its website an annual report with specified
content within one year of initial governing body approval of its military equipment policy; b)
within 30 days of releasing the annual report a law enforcement agency must hold a community
meeting to discuss and answer questions on the annual report; and c) the law enforcement agency
must post the military equipment annual report on its website for as long as it uses the military
equipment (Cal. Gov. Code Section 7072); and
WHEREAS, this Chapter imposes annual ongoing requirements on governing bodies: a)
after initial adoption of an ordinance approving a military equipment policy, a gov erning body
must at least annually review the ordinance; b) at a regular meeting held in compliance with the
Ralph M. Brown Act, the governing body must vote on whether to renew the military equipment
ordinance; and c) based on a law enforcement agency’s annual report published pursuant to Cal.
Gov. Code Section 7072, determine whether each type of military equipment identified in the
report has complied with the standards set forth in Cal. Gov. Code Section 7071(d)(1)(A)-(D).
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Ordinance No. 3520
Page No. 2
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Determinations
A. The Chula Vista Police Department posted the proposed Military Equipment Policy,
designated as Number 714 in its Department Policy Manual, on its website on March 28,
2022, 30 days before submitting the policy to the Chula Vista City Council for its
consideration and approval on April 26, 2022, as required by California Government Code
Section 7071(b), and the Department’s webpage also provided a link for public comments
and questions on the proposed policy.
B. The Chula Vista Police Department’s Military Equipment Policy, which is 9 pages with a
28-page attachment listing the Department’s military equipment with photos, meets all the
requirements of California Government Code 7070(d). Specifically, it is a publicly
released written document that governs the Department’s use of military equipment;
describes each type of military equipment by quantity and capability, expected lifespan and
manufacturer product description; addresses the purposes and authorized use for each type
of listed equipment; addresses fiscal impact, including initial cost and annual maintenance
costs; addresses the legal and procedural rules that govern authorized use and training
required before use to ensure the full protection of the public’s welfare, safety, civil rights
and civil liberties; requires compliance with the policy, addresses mechanisms to ensure
compliance with the policy and sanction for policy violations; and addresses the procedures
for registering public complaints, concerns and questions and timely response to same.
C. The City Council of the City of Chula Vista, having carefully reviewed the staff report,
proposed policy and ordinance, staff presentation and public input on the proposed military
policy and ordinance in its regular public meetings on April 26, 2022, hereby makes the
following determinations as required by California Government Code Section
7071(d)(1)(A)-(D): (A) the Department’s military equipment is necessary because there is
no reasonable alternative that can achieve the same objective of officer and civilian safety;
(B) the Department’s proposed military equipment policy will safeguard the public’s
welfare, safety, civil rights and civil liberties; (C) the Department’s existing military
equipment was purchased pursuant to the City’s existing procurement requirements and
best-practice protocols and is reasonably cost effective compared to available alternatives
that can achieve the same objective of officer and civilian safety; and (D) prior military
equipment uses complied with existing Department policies as well as the proposed
military equipment policy, any future such uses will be evaluated according to the military
equipment policy in effect at the time, and corrective action will be taken to remedy any
future nonconforming uses and to ensure future compliance.
D. The City Council of the City of Chula Vista held a duly noticed public hearing to consider
this Ordinance at the time and place advertised in the Council Chambers, 276 Fourth
Avenue, and said hearing was thereafter closed.
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Ordinance No. 3520
Page No. 3
Section II. Action
The City Council of the City of Chula Vista in this Ordinance hereby approves the Chula
Vista Police Department’s Military Equipment Policy.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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