REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Lt. Brian Schreiber
Subject:
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Annual Military Equipment Use Report (AB 481)
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Statement of Issue:
California Government Code Chapter 12.8, “Funding, Acquisition, and Use of Military Equipment,” in part requires that the City review the Ordinance 4255 (Attachment 1, Exhibit 3), which approved the funding, acquisition, or use of military equipment at least annually and, vote on whether to renew the ordinance at a regular meeting.
In addition, the City is required to determine, based on the annual military equipment report submitted as part of this annual process, whether each type of military equipment identified in that report has complied with the following standards for approval:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. 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.
4. 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.
If the City determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the City shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
Within 30 days of submitting this report, the Huntington Beach Police Department shall hold a community engagement meeting. At the meeting, the general public may ask questions regarding the annual military equipment report and the funding, acquisition, or use of military equipment.
Financial Impact:
The estimated ongoing annual maintenance and equipment replacement costs total is approximately $75,000 per unit annually. Sufficient funds are budgeted each year for the Police Department out of the General Fund to cover these costs.
Recommended Action:
recommendation
A) Approve report and renew Ordinance No. 4255, authorizing the continued use of the listed military equipment by the Police Department; and
B) Find that each type of military equipment identified in that report attached hereto as Attachment 1 complies with the following standards for approval:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. Any future purchased equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. 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.
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Alternative Action(s):
Do not renew Ordinance and direct staff accordingly.
Analysis:
The HBPD possesses and uses a wide variety of military equipment to assist in safely achieving the furtherance of its mission, i.e. to provide the highest level of service to our residents, businesses, visitors and the public through a partnership with our community to preserve and improve the quality of life in Huntington Beach. While the inventory of military equipment varies, the mere possession of the equipment does not warrant the use for every incident. The inventory is detailed in Attachment 1, Exhibit 4 of this Request for Council Action.
Per HBPD Policy 707 the use of military equipment is restricted to certain instances as controlled by the HBPD Policy on Use of Force, and in some cases only by certain units and personnel.
The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is taken into account when considering the totality of the circumstances, public safety, officer safety, State and Federal law, and other information available at the time, as detailed in the HBPD Policy.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events.
Attachment(s):
1. HBPD Annual Military Equipment Use Report (AB 481), including Exhibits 1-4.
2. AB 481 PPT 2026