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: Gaute Svendsbo, Police Captain
Kimberly Rodriguez, Management Analyst
Subject:
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Annual Military Equipment Use Report (AB481)
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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 Ordinance No. 4255 - Exhibit 3 that 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 process, whether each type of military equipment identified has complied with the standards for approval outlined in the Analysis section.
Financial Impact:
The estimated ongoing annual maintenance and equipment replacement costs total is approximately $64,000 (Exhibit 4 of Attachment 1). Sufficient funds are budgeted each year for the Police Department out of the General Fund to cover these costs.
Recommended Action:
recommendation
A) Approve Annual Military Use Report (AB 481) and renew Ordinance No. 4255 “An Ordinance of the City Council of Huntington Beach Adopting a Military Equipment Use Policy Consistent with Assembly Bill No. 481, and Making a Finding of Exemption Under CEQA”; and
B) Find that each type of military equipment identified in that report (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 No. 4255, and direct staff accordingly.
Analysis:
As referenced in the Huntington Beach Police Department’s (HBPD) Annual Military Equipment Use Report (Attachment 1), the HBPD possesses and uses a wide variety of military equipment to assist in safely providing 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 possession of the equipment does not warrant its use for every incident. Per HBPD Policy 707 (Exhibit 2), the use of military equipment is restricted to certain instances as controlled by the HBPD’s 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. 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 part of the HBPD’s continued use of this equipment, the City is required to determine whether each type of military equipment identified in the attached report 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. 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 HBPD shall hold a community engagement meeting to provide an opportunity for the public to ask questions regarding the annual military equipment report and the funding, acquisition, or use of military equipment.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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.
For details, visit www.huntingtonbeachca.gov/strategicplan
Attachment(s):
1. HBPD Annual Military Equipment Use Report (AB481)