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Agenda Item 19.

City Council Meeting

Meeting Date:	08/15/2023
FROM:	Bill Gallardo

Subject:

Adoption of Ordinance No. 1243, renewing Ordinance No.1227 and approving the Police Department's Military Equipment Use policy.

RECOMMENDATION

Adopt Ordinance No. 1243, renewing Ordinance No.1227 and approving the Police Department's Military Equipment Use policy.

BACKGROUND/DISCUSSION

In March 2022, the Police Department drafted a Military Equipment Use policy, as required by Government Code §§ 7070-7075.

Ordinance No. 1227 was adopted by the City Council on May 17, 2022. Ordinance No. 1227 approved and adopted the Police Department's Military Equipment Use policy.

Government Code § 7072 requires the Police Department to submit to the City Council an Annual Report related to its use of military equipment, as defined. The Police Department submitted this report to City Council on April 18, 2023, and subsequently posted the Annual Report on the Police Department's internet website: https://www.ci.brea.ca.us/CivicAlerts.aspx?AID=2168. The Annual Report is attached to this Staff Report and includes a current inventory of all military equipment available for use by the Police Department.

In addition to the report, state law also requires the Department to hold at least one well-publicized and conveniently located community engagement meeting, at which the Department shall discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. The Police Department held two such well-publicized and conveniently located community engagement meetings. The first public event was at the July 18, 2023, City Council meeting. The second event was at the Department's popular and well-attended National Night Out event on August 1, 2023. It should be noted that the Department did not receive any negative feedback from the public regarding our use of military equipment, our inventory of equipment, or our policy pertaining to this issue.

Government Code § 7071(e) requires governing bodies of law enforcement agencies to annually review and vote on the renewal of a Military Equipment Use Policy approval ordinance.

The Police Department now seeks renewal of Ordinance No. 1227 in order to give the Police Department the ability to continue the use of the previously approved military equipment for the purpose of protecting the safety of officers and the public.

COMMISSION/COMMITTEE RECOMMENDATION

N/A

FISCAL IMPACT/SUMMARY

None.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Lt. Chris Harvey
Concurrence: Adam Hawley, Chief of Police

Attachments
Police Dept Policy and Inventory
Annual Report (4/18/23)
Proposed Ordinance