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CC: ACTION ITEM: (1) Review and Approval of the 2023-2024 Culver City Police Department Military Equipment Annual Report Pursuant to Government Code Section 7071(e)(2); (2) Renewal of (i.e., Continuation of) Ordinance No. 2022-005, Codified as Subchapter 3.04.400 of the Culver City Municipal Code, Governing the Use of Military Equipment by the Culver City Police Department and Approving the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and (3) Direction to the Police Chief as Deemed Appropriate.
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Meeting Date: October 14, 2024
Contact Person/Dept.: Assistant Police Chief Troy Dunlap/ Police
Phone Number: (310) 253-6396
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - City Council (xx/xx/xxxx); (Posted) Police Department Website (09/23/2024)
Department Approval: Jason Sims, Chief of Police (09/23/2024) _____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council (1) review and approve the Culver City Police Department Military Equipment Annual Report (2023 - 2024) pursuant to Government Code Section 7071(e)(2); (2) approve the renewal of (i.e., continuation of) Ordinance No. 2022-005, codified as Subchapter 3.04.400 of the Culver City Municipal Code, governing the Use of Military Equipment by the Culver City Police Department and Approving the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and (3) provide direction to the Police Chief as deemed appropriate.
BACKGROUND
On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 (AB 481 or the Bill), codified at Government Code Sections 7070 through 7075. AB 481 requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the LEA funding, acquiring, or using equipment deemed military equipment as defined in AB 481.
The term “military equipment,” as used in AB 481, in fact, does not necessarily indicate the equipment has been used by or acquired through the military. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance public and officer safety. None of the equipment in the Culver City Police Department’s (CCPD) inventory has been obtained from the military, nor is it solely designated for military use.
Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less-lethal 40mm projectile launchers, and flashbangs.
On September 12, 2022, City Council adopted Ordinance No. 2022-005 of the City of Culver City adding Subchapter 3.04 to Title 3, Chapter 3.04 of the Culver City Municipal Code, Governing the Use of Military Equipment by the Culver City Police Department (the “Ordinance”) and approving the Military Equipment Use Policy (the “Policy”) pursuant to Assembly Bill 481. On October 9, 2023, City Council renewed the Ordinance and approved the Policy.
Annual Requirements
Government Code Section 7071(e)(1) provides that “the governing body shall review any ordinance that it has adopted pursuant to this section … at least annually” and vote on whether to “renew” the ordinance. Further, Government Code Section 7072 provides that the LEA must submit an annual military equipment report on an annual basis to the governing body.
Per Government Code Section 7072(a), the annual report must include the following:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment.
(6) If the LEA intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Additionally Government Code Section 7071(e)(2) states that “the governing body shall determine, based on the annual military equipment report submitted,” whether each type of military equipment identified in the report complies with the original standards of approval set forth in the statute. The standards in Government Code Section 7071 include:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, 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.
In addition to preparing and submitting an annual report, pursuant to Government Code Section 7072(b), the LEA is required to hold a community meeting where the general public may discuss and ask questions regarding the annual military equipment report and the LEA’s funding, acquisition, or use of military equipment.
DISCUSSION
In compliance with Assembly Bill 481, CCPD completed an Annual Report regarding use of Military Equipment (Attachment 1), all of which was funded or acquired through Council-approved annual budgets. The availability and use of Military Equipment (as defined in Government Code Section 7070) enables the Police Department to minimize risk to members of the community and officers during high-risk incidents while fulfilling its mission to protect life and property. The Annual Report includes an inventory detailing each type of military equipment possessed by CCPD, its quantity, authorized use, fiscal impact, and training requirements. The report includes the number of instances where military equipment was utilized by CCPD personnel from September 12, 2023 through September 11, 2024.
On September 26, 2024, the Police Department hosted a community engagement meeting where community members were encouraged to attend, provide input, and ask questions of CCPD staff on current and future use of Military Equipment. CCPD provided a presentation on the importance of Military Equipment and the instances where this equipment was utilized in the last 12 months.
CCPD seeks City Council review and approval of the renewal of the Ordinance (Attachment 2), to allow CCPD to use military equipment and neighboring agencies to use the same equipment when providing mutual aid during exigent circumstances.
FISCAL ANALYSIS
There is no fiscal impact associated with renewing the Ordinance and approving the Policy pursuant to Assembly Bill 481. There are no new financial considerations for replacing existing military equipment and munitions.
ATTACHMENTS
1. 2024-10-14 - ATT Military Equipment Use Annual Report (2023 - 2024)
2. 2024-10-14 - ATT Ordinance 2022-005 Military Equipment
MOTIONS
That the City Council:
1. Review and Approve the 2023-2024 Culver City Police Department Military Equipment Annual Report Pursuant to Government Code Section 7071(e)(2);
2. Renew Ordinance No. 2022-005 of the City of Culver City Adding Subchapter 3.04.400 to Title 3, Chapter 3.04 of the Culver City Municipal Code, Governing the Use of Military Equipment by the Culver City Police Department and Approving the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and
3. Provide direction to the Police Chief as deemed appropriate.