HomeMy WebLinkAboutCC Resolution 15242 (San Rafael Police Department AB 481 Military Equpment Annual Report and Renewal of Military Equipment Use Police)
RESOLUTION NO. 15242
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RENEWING THE ORDINANCE ADOPTING SAN RAFAEL POLICE DEPARTMENT
MILITARY EQUIPMENT USE POLICY 706
WHEREAS, Government Code sections 7071 et. seq. codifies Assembly Bill 481
(effective January 1, 2022) and requires legislative bodies to adopt ordinances approving military
equipment use policies before law enforcement agencies can continue to engage in activities
related to the funding, acquisition, or use of military equipment; and
WHEREAS, the San Rafael Police Department (“SRPD”) has military equipment in its
inventory and engages in critical public safety activities in coordination with other jurisdictions
on law enforcement-related matters, including safeguarding the public’s welfare and safety,
working on regional task forces, conducting training exercises, providing mutual aid, and
responding to emergencies; and
WHEREAS, in May 2022, the City Council of the City of San Rafael adopted Ordinance
No. 2007, adding Chapter 2.52 to the San Rafael Municipal Code, to establish the requirements
for approval and annual review of a military equipment policy; and
WHEREAS, in Division 3 of Ordinance No. 2007, the City Council also approved Policy
706 - Military Equipment Funding, Acquisition and Use Policy; and
WHEREAS, the SRPD Military Equipment Use Policy 706, posted on SRPD’s website
since its adoption, sets forth a military equipment funding, acquisition, and use policy that is
consistent with the SRPD’s current practices, complies with all requirements of the Government
Code and the San Rafael Municipal Code, will continue to ensure ongoing regulation and
compliance with the law going forward and will continue to provide a means of community
engagement and transparency regarding use of military equipment by the SRPD; and
WHEREAS, the SRPD has posted to is website and submitted to the City Council, its AB
481 Military Equipment Annual Report for calendar year 2022, describing how its military
equipment was used and its purpose, a summary of complaints or concerns, the results of any
audits or violations of the policy, the total annual cost of each type of military equipment, the
quantity possessed, and the intention to acquire any additional equipment in the next year; and
WHEREAS, the Government Code and the San Rafael Municipal Code require that,
following receipt of the annual report, the City Council conduct an annual review of the ordinance
adopting the Military Equipment Use Policy and vote on whether to the renew the ordinance;
and
WHEREAS, the City Council has received and reviewed the annual report and
accompanying inventory list, has reviewed Ordinance No. 2007 approving San Rafael Police
Department Military Equipment Use Policy 706, and has considered the requirements contained
in section 7071(d) of the Government Code, and now desires to renew Division 3 of Ordinance
No. 2007, approving the San Rafael Police Department Military Equipment Use Policy 706,
without modification; and
WHEREAS, the City Council held a noticed public hearing at its regular City Council
meeting on July 17, 2023 concerning this resolution.
NOW, THEREFORE, BE IT RESOLVED, by the San Rafael City Council as follows:
1. The City Council has received and reviewed San Rafael Police Department AB 481
Military Equipment Annual Report for calendar year 2022 and the Inventory List, and
reviewed Ordinance No. 2007 approving the San Rafael Police Department’s “Policy 706
– Military Equipment Funding, Acquisition and Use Policy”.
2. The City Council hereby finds and determines, pursuant to Government Code Section
7071(d)(1), as follows:
a. The military equipment is necessary because there is no reasonable alternative that
can achieve the same objective of officer and civilian safety. The acquisition and use
of this equipment is part of the San Rafael Police Department’s overall approach to
Critical Incident Management, Use of Force, De-Escalation and public safety. The
equipment will enable department members to properly respond to both planned and
unplanned events efficiently and effectively.
b. The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by
ensuring required reporting, the opportunity for community engagement and
feedback, and transparency and oversight regarding the acquisition and use of
specified military equipment in the City of San Rafael.
c. The purchasing of 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 policy that was in effect at the time of
the use.
3. Based upon these findings, the City Council hereby renews Ordinance No. 2007, Division
3, approving “Policy 706 – Military Equipment Funding, Acquisition and Use Policy”.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City on the 17th day of July 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
LINDSAY LARA, City Clerk