HomeMy WebLinkAboutOrd 2647 - Adopting A Policy To Provide Guidelines For The Approval, Acquisition And Reporting Requirements For Military Equipment ORDINANCE NO.264'7
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL QF THE
CITY {lF REDDING ADOPTING A POLICY TO PRC}VIDE GUIDELINES
FOR THE APPR{�VAL, ACQUISITItJN AND REPORTING
REQUIREMENTS FOR MILITARY EQUIPMENT
WI-�EREAS, on September 34, 2Q21, Gavernor Gavin NewsQm signed into law Assembly Bill
481, which re�ates ta the use of military equipment by state and local law enforcement agencies;
and
WHEREAS, Assembly Bill 481, codified at Gavernment Code sectians 7070 through �0'75,
inclusive, and as applied to eities, requires local law enforcement agencies ta obtain appraval af
a military equipment use palicy prior to taking any action which supports the acquisition and use
af military equipment; and
WHEREAS, Government Cade sectian 7071 requires apprc�val of a military equipment use
policy by ordinance at a regular meeting af the City Cauncil; and
WHEREAS, it further provides that the military equipment�use policy must be made publicly
available on the law enforcement agency's internet website for no less than thirty (30} calendar
days prior to adoption of the same by ardinance; and °
WHEREAS, subdivision {e} of Government Code seetion 707� further requires that the City
Council review any such ordinance at least annually after having considered the report required
bv Government Code section 7072; and
WHEREAS, the proposed military equipment use policy for the Redding Police Department
PQlicy 7Q7, is attached and incorporated herein; and
WHEREAS, Redding Poliey Department Policy 707 was published on the Redding Police
Department's internet website an March 22, 2022, and was provided to the City Council on the
same day;
NOW TIIEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DtJES
QRDAIN AS I'OLLOWS:
Section 1. Determinatians and Orders.
1. Redding Palice Department Policy 707 meets the requirements of subdivision {d} of �
Government Code section 7070 because substantial evidence in the record estab�ishes �
that:
�
A. Policy 707 is necessary because there is no reasonable alternative that can achieve �
the same objective of officer and civilian safety; and "�
�
B. Policy 707 will safeguard the public's welfare, safety, civil rights and civil
liberties; and
C. The equipment set forth in Policy '707 is reasonably cost effective campared to
available alternatives that can achieve the same objective of offieer and civil
safety.
2. Redding Police Department Policy 707 is approved and adopted.
3. The Chief of Police sha11 produce the annual military equipment report required by
Government Code sectian 7072, publish the same on the Redding Pfllice Department
internet website, and provide the notice and public engagement required by subdivision
(b} of Government Code 7072.
4. The Chief of Palice shall, after undertaking all actions set forth in Section 3, herein,
agendize consideration of the annual military equipment report far a regular meeting of
the City Council.
5. The Chief of Police shall, no later than ten months (10) months after the adoption of thls
ordinance, and every subsequent renewal of the same, cause cc�nsideration af an
ordinance to renew this ardinance for an additional term of one {1) year to be agendized
for first reading.
Section 2. Severability. If any seetion, subseetion, subdivisian, paragraph, sentence,
clause or phrase of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sectians, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.
The City Council of the City of Redding hereby declares that it would have adopted each sectian,
subsection subdivision paragraph, sentence, ciause or phrase hereaf, irrespective of the fact that
any ane or more ather sections, subsectians subdivisions paragraphs, sentences, clauses ar
phrases hereof be declared invalid or unenfarceable.
Seetion 3. The City of Redding finds that this Ordinance is not a "project"
according to the definition set forth in the Califarnia Enviranmental Quality Aet
("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c}(2) (the activity will not
result in a direct ar reasonably foreseeable indirect physical change in the environment)
and 15061{b){3) (there is no possibility the activity in question may have a significant
effect on the environment), the adoption of this ordinance is therefore not subject to the
provisions requiring environmental review.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 19th day of April, 2022, and
was duly read and adopted at a regular me�ting on the 3rd day of May, 2022, by the
following vote:
AYES: Council Members: Dacquisto,Mezzano,Resner, Winter, and Schreder
NOES: Council Members: None
ABSTAIN: Cauncil Members: None
ABSENT: Council Members: None
�, '�
,
���1��
I�RISTEN SC�IREDER, Mayor
ATT�ST: APPROVED AS TO FORM:
�
� � �� ��
� �
PAMELA MIZE, �C`it� . erk BARRY E. e A T, City Attorney