REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Approve Introduction of an Ordinance Amending Section 2.80.080 of the City Code
Report
BACKGROUND
Assembly Bill 481 (AB 481), codified in California Government Code Sections 7070-7075, established statewide requirements to enhance transparency, accountability, and oversight requirements related to the acquisition and use of military equipment by law enforcement agencies. To implement these requirements, in March 2022, the City Council approved Ordinance No. 2042 (RTC #22-409) creating Chapter 2.80.080 (“Military Equipment Policy”) of Title 2 (“Administration and Personnel”) of the Code of the City of Santa Clara (“City Code”). The ordinance establishes procedures for annual reporting, public review, and ongoing authorization, to provide a consistent framework for evaluating the use of identified equipment by the Police Department.
The City Code incorporates obligations codified in California Government Code Sections 7070, et. seq., related to AB 481 including annual reporting and public review; requirements for public availability and community engagement; and documentation of fiscal impacts associated with military equipment. Ensuring accurate cross-references to California Government Code is essential for continued compliance and maintenance of a clear and functional regulatory framework.
In addition to transparency and reporting requirements, AB 481 obligates the governing body to annually review and formally approve the published Military Equipment Use Report and Policy, and to vote to renew the Ordinance for an additional year, based upon particular findings. City Code 2.80.080 Paragraph (f) reflects this mandate.
DISCUSSION
The City Code currently references multiple obligations established under the California Government Code, specifically:
• Section 7072 (2.80.080(e)) regarding annual reporting and public review requirements;
• Section 7071(e)(2) (2.80.080(f)) regarding annual review and approval by the City Council of the Military Equipment Use Report, and renewal of the Ordinance; and
• Section 7070(d) (2.80.80(g)) regarding a statement of formal approval of Policy.
Including clarifying language that California Government Code sections may be amended or renumbered in future legislative cycles will help ensure the City Code remains accurate and aligned with AB 481 requirements in the event of State legislative amendments.
Additionally, Paragraph (f) of the City Code requires the ordinance be reviewed and renewed by the City Council on an annual basis. While AB 481 mandates annual review and authorization of military equipment use policies by the governing body, it does not specifically require the yearly adoption or amendment of a new City ordinance. State law states, in pertinent part, that “The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and … vote on whether to renew the ordinance at a regular meeting held pursuant to the … Ralph M. Brown Act.” Historically, the City has implemented this requirement through adoption of a Resolution making the required findings and formally renewing the ordinance for an additional year. The proposed Ordinance amendment includes an express reference to the Resolution process for ordinance renewal. Renewal of the current ordinance by resolution will provide clear, procedural continuity while fully complying with the intent and statutory obligations of AB 481.
Proposed Updates to the City Code
The proposed amendments to the existing ordinance can be summarized as follows:
• Modifications to 2.80.080 Paragraphs (e), (f) and (g) to include “as that section may be amended or renumbered” after each specified California Government Code Section.
• Modification to 2.80.080 Paragraph (f) to include annual review of the ordinance and vote whether to renew it by Resolution.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There are no additional costs to the City beyond administrative staff time and related expenses, which are already included in the current budget.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive First Reading and Approve Introduction of an Ordinance Amending Section 2.80.080 (“Military Equipment Policy”) of the City Code to provide for updated references to applicable Government Code Sections and a formalized process for annual review and renewal by Council resolution.
Staff
Reviewed by: Cory Morgan, Chief of Police
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2042, adopted on March 22, 2022
2. Proposed Ordinance Amending City Code Section 2.80.080