City of Santa Clara logo

Legislative Public Meetings

File #: 22-1582    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 11/3/2021 In control: Council and Authorities Concurrent Meeting
On agenda: 3/8/2022 Final action:
Title: Action to Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation Submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance
Attachments: 1. Assembly Bill No. 481, 2. Draft Police Department Policy #706, including AB 481 Defined List of Military Equipment in SCPD’s possession, 3. Ordinance, 4. Recommendation to Adopt AB481 Policy and Ordinance from the Task Force on Diversity, Equity and Inclusion, 5. POST MEETING MATERIAL, 6. PASS TO PRINT ORDINANCE NO. 2042

REPORT TO COUNCIL

SUBJECT

Title

Action to Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation Submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance

Report

COUNCIL PILLAR

Enhance Community Engagement and Transparency

 

BACKGROUND

On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the purchase of military equipment. Assembly Bill (AB) 481 codified law enforcement’s acquisition, use, and funding of military equipment. The information presented in this report and its attachments fulfills the requirements of AB 481.

 

DISCUSSION

The City of Santa Clara is in the heart of Silicon Valley and home to Fortune 500 company headquarters, California’s Great America theme park, Santa Clara University, Silicon Valley Power and Levi’s Stadium. In turn, it serves as a destination for corporate board meetings, dignitary visits, major events, and visitors from around the globe. The community assets county-wide and throughout the region are even more significant. As a result, the risk of domestic terrorism or a high-level terrorist incident in the area is real. 

 

In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.  Furthermore, the state legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.

 

The bill requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, accomplish the following by May 1, 2022:

 

                     Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment to include:

o                     A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment;

o                     The purposes and authorized uses for which the law enforcement agency proposes to use each type of military equipment;

o                     The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment;

o                     The legal and procedural rules that govern each authorized use;

o                     The training, including any course required by the Commission on Peace Officer Standards and Training (“POST”), that must be completed before any officer, agent, or employee of the law enforcement agency’s allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy;

o                     The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy; and,

o                     The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

                     Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases; and,

                     Make publicly available on the agency’s website any proposed or final military equipment use policy for as long as the military equipment is available for use.

At least annually after the adoption of a Military Equipment Use Policy, the law enforcement agency shall prepare an annual military equipment report to include:

                     A summary of how the military equipment was used and the purpose of its use;

                     A summary of any complaints or concerns received concerning the military equipment;

                     The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;

                     The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;

                     The quantity possessed for each type of military equipment;

                     If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and,

                     Within 30-days of submitting the annual military equipment report, a law enforcement agency must hold at least one “well-publicized and conveniently located community engagement meeting,” to allow for public discussion of the report.

 

The governing body shall annually review the Military Equipment Purchase and Use Ordinance and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval.


If the City Council does not approve the continuing use of military equipment within 180-days of submission of the proposed Military Equipment Purchase and Use Policy, the Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481 effective April 30, 2022.

Historical Perspective on Types of Equipment Acquired by Law Enforcement

 

The Columbine High School massacre in Colorado was a school shooting and failed bombing that occurred on April 20, 1999, murdering 12 students and one teacher. Twenty-one (21) additional people were injured by gunshots, and gunfire was also exchanged between the perpetrators and police. Another three (3) people were injured trying to escape.

 

At that time, law enforcement followed a traditional strategy of waiting for multiple highly trained tactical teams to arrive, formulate a structured and deliberate plan that may include surrounding the building, setting up a perimeter, containing the damage and slowly and methodically conduct room by room sweeps of the facility to locate and stop the threat. In this case, the results of the traditional strategy were catastrophic.

 

The Columbine incident became one of the most studied active-shooter massacres, resulting in the introduction of the Immediate Action Rapid Deployment tactic (IARD). Rapid deployment is defined as, “the swift and immediate deployment of law enforcement resources, singular or in teams, to on-going, life threatening situations where delayed deployment could otherwise result in death or great bodily injury to innocent persons.” IARD expects the first arriving officer on scene to take charge and neutralize the threat; this places regular officers in situations of increased risk. To achieve this goal, additional training and specialized equipment are required. Through case studies, law enforcement agencies have learned IARD generally results in a suspect suicide once confronted by armed responders. Secondary measures are put in place to limit access to potential victims and rescue injured persons once the threat is mitigated.

 

It should be noted, IARD tactics are not a substitute nor the same as conventional response tactics to situations, such as a barricaded subject.

 

Since Columbine, the United States has experienced a multitude of active shooter and deadly terrorist attacks at sporting events (e.g. Boston Marathon bomber), places of worship (Wisconsin Sikh temple, Pittsburgh synagogue, Overland Park Jewish Community Center), entertainment venues (Orlando nightclub, Las Vegas concert, San Bernardino attack), mitigate vehicle borne attacks (Charlottesville, New York City, University of Oklahoma), retail outlets (El Paso Walmart), attacks of military bases (Fort Hood, Pensacola Naval Air Station) and aircraft hijackings (World Trade Center, Pentagon and Shanksville on September 11).

 

After significant research, testing and practical application, law enforcement agencies have been trained and equipped with the tools to combat terrorism and high-risk criminal behavior at the local level. Responding to situations in which one or more people are engaged in on-going aggressive, deadly behavior, requires swift contact to mitigate the public safety threat and vast resources.

 

Locally, we are not immune from critical incidents. Santa Clara County has experienced critical incidents, and those that could have become such. Our Police Department has been involved in responding to the following situations in recent years:

 

Date

Incident

Brief Summary of Incident

July 4, 2019

California’s Great America theme park

Large fight resulting in a shooting at the front gate

July 28, 2019

Gilroy Garlic Festival Shooting

Gunman killed three people and wounded 17

August 5, 2020

Santa Clara County Main Jail

Gunman restrained in handcuffs fired several rounds at officers in Main Jail sallyport. Containment took four hours *

August 9, 2020

Santa Clara County Main Jail

Driver slammed through Main Jail security gate and refused to surrender *

May 26, 2021

VTA Railyard Shooting

Nine people killed

*At the times of these incidents, the Santa Clara Police Department had officers in the jail booking area with their own arrestees and assisted in the peaceful resolution of the situation at hand.

 

In each instance, the corresponding agency’s inventory of safety equipment and weaponry allowed the law enforcement agency to confront the situation with multiple tools according to the need to bring a safe, peaceful resolution for the involved parties, the public and officers. In each case, responding officers evaluated the actions, capabilities, and intentions of the suspects. The equipment available created an opportunity to influence sound decisions by providing time, distance, and cover. In none of the above cases, did police use deadly force.

 

On a routine frequent basis, the Police Department is faced with situations that can potentially be resolved with less lethal tactics as a result of having the appropriate training and resources available, such as welfare checks, warrant service, uncooperative individuals subject to arrest, high risk car stops, barricaded subjects, etc.

 

Many of the tools the Police Department utilizes to address critical incidents and high-risk criminal behavior at the local level have become industry standards among law enforcement agencies throughout the country. Without these tools and current technology, the Police Department would have to completely re-think operations and tactics to safely resolve situations and protect personnel.

 

AB 481 Definition of Military Equipment

 

AB 481 defines “Military equipment” as follows and differentiates the equipment by category:

 

(Category 1) Unmanned, remotely piloted, powered aerial or ground vehicles;

(Category 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision;

(Category 3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision;

(Category 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion;

(Category 5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units;

(Category 6) Weaponized aircraft, vessels, or vehicles of any kind;

(Category 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision;

(Category 8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision;

(Category 9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision;

(Category 10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency;

(Category 11) Any firearm or firearm accessory that is designed to launch explosive projectiles;

(Category 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray;

(Category 13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD);

(Category 14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and,

(Category 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

For added clarity, nothing in this bill prohibits law enforcement from obtaining any of the above equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment.  Please note, as described further below, SCPD possesses equipment in only 7 of the 15 categories listed.

 

Current Santa Clara Police Department Equipment Meeting Military Equipment Designation

 

For decades, the Federal government has provided billions of dollars in equipment to state and local law enforcement agencies through unused excess equipment transfers (1033 Program), asset forfeiture programs and Federal grants. Our Department has been the benefactor of Asset Forfeiture Funds and Federal grants (e.g. Bullet Proof Vest Grant, Edward Byrne Justice Assistance Grant, Citizens’ Option for Public Safety Grant, State Homeland Security Grant, Urban Areas Security Initiative Grant, etc.); however, our Department has not applied for or received designated military equipment through the 1033 Program.

 

Each Federal funding source designates what equipment is eligible for purchase utilizing the designated funds. Additionally, grant funding must be utilized toward front line law enforcement equipment and cannot supplant other funding sources.

 

The equipment purchased by the Police Department is intended for use to save civilian lives, protect law enforcement personnel, reduce risk for the City and enhance public safety. Secondarily, the equipment also creates cover, distance, and time to slow the decision-making process. Doing so, allows responding officers to take in and evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved.

 

Many of the items designated by AB 481 as military equipment have been in our Police Department’s equipment inventory for decades.

 

Use of this equipment is built into the Police Department’s operating procedures and provide a snapshot of their respective functionality. A summary of the types of equipment in the Police Department’s possession, examples of how this equipment has (and, can) be utilized as well as the source for original funding is below.

 

Equipment

Purpose

Authorized Use

Example of Types of Law Enforcement Uses

Purchase Funding Source

In Use by SCPD Since

Robot and Unmanned Aircraft  (Equipment Category 1)

To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings.  Could be utilized in major collision investigations, search for missing persons, natural disaster management, crime scene photography,  SWAT, tactical or other public safety and life preservation missions, in response to specific requests from local, state or federal fire authorities for fire response and/or prevention

Only assigned operators who have completed the required training shall be permitted to operate either piece of equipment. Use is established by the Incident Commander

Robot • Highly mobile way to conduct sophisticated, live audio and video surveillance to prevent, investigate or fight crime • Deliver item(s) to a suspect  Unmanned Aircraft • Disaster response and damage assessment • Locate missing persons and rescue events • Identify, locate and apprehend non-compliant, threatening or combative persons who pose a threat of injury or death to themselves, others or officers • Suspected explosive device • Dangers that would benefit from situational intelligence exposed from an aerial perspective • Video / photographic documentation of crime

Robot Grant  Unmanned Aircraft Grant *

2005

Armored Rescue Vehicle  (Equipment Category 2)

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training

• Evacuation of innocent individual(s) • Functions as a rolling shield to allow law enforcement personnel to safely get closer to a location and/or gain access to a location • Send message or warning tone over significant distance • Hail a suspect from being barricaded

Grant **

2010

Command and Control Vehicles   (Equipment Category 5)

To be utilized for critical incident callouts

The CNT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license

• Serve as a safe, secure workspace for staff on scene of a crime scene or critical incident • Tool to carry equipment associated with work

Grant, General Fund and City’s disposal/reuse program

2002

Breaching equipment  (Equipment Category 7)

To safely gain entry into a structure

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises

• Force open closed and/or locked doors • Diversionary tactic when trying to take a dangerous suspect into custody

Grant, General Fund and Asset Forfeiture Program

2007

Specialized Firearms and Ammunition   (Equipment Category 10, 12 and 14)

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible

Only members that are POST certified are authorized to use a rifle

• Non-lethal tool to stop an armed subject at various distances • Device to create a temporary diversionary tactic when trying to take a dangerous suspect into custody

Grant, General Fund and Asset Forfeiture Program

1975 - 2000 depending on the item

*Purchase and corresponding policy approved however item not yet acquired.

**This item was purchased with UASI funds and therefore is a regional law enforcement asset.

 

The current decisions surrounding the acquisition of equipment are presented to the City Council at a high-level during consideration of the standard budget process or in a more detailed manner through a Report to City Council, and procurement of such equipment adheres to the City’s purchasing processes. The use of such equipment is governed by the Police Department’s Use of Force Policy #300.

 

In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by the Police Department’s Training Unit. In many cases, POST, vendor provided trainings or cross-training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.

 

All Santa Clara Police Department policies and procedures that govern safe-handling, storage, and qualification on specified equipment remain in effect. This includes but is not limited to California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials, Police Department weapons storage procedures, and ATF oversight of Noise Flash Diversionary Devices.

 

Draft Santa Clara Police Department Military Equipment Purchase and Use Policy

 

The Police Department’s existing procedure manual, many of which have been incorporated into Lexipol, address appropriate use and deployment of controlled equipment addressing the protection of civil rights and civil liberties.

 

AB 481 requires law enforcement to publicly release a written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, the topics described above. The Policy must be approved by the City Council via Ordinance, with findings of the following:

 

                     The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

                     The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;

                     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; and,

                     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.

Annually, the Police Department will prepare and present to the City Council annual report, and distribute it on the City’s website 30 days prior to the City Council meeting where the following items are reviewed:

 

                     The quantity possessed for each type of military equipment as of the date of the annual report;

                     Summary of how the military equipment was used and the purpose of its use;

                     Summary of any concerns or complaints received involving the use of military equipment;

                     The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;

                     Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other ongoing costs; and,

                     Acquisition plans (including source of funds) for the coming year, type and quantity.

 

SCPD’s draft Lexipol Policy #706 addresses each aspect required per AB 481 and includes an inventory of military equipment in our Department’s possession effective January 1, 2022. It should be noted, the Department has received prior City Council approval to acquire equipment through Asset Forfeiture Funds (RTC #21-629) and Federal Grants (RTC #22-1559). As these and any future purchases are made, equipment which meets the military equipment designation will be added to the Department’s inventory and included in the annual report.

 

In our Department’s case, the proposed Military Equipment Purchase and Use Policy provides for a secondary level of oversight. The Chief’s Advisory Committee will be utilized as a local civilian sounding board prior to a recommendation to City Council to request or acquire controlled equipment. While the Chief’s Advisory Committee is advisory to the Chief of Police and not authorized to have power or authority to investigate, review or otherwise participate in matters involving specific personnel or play a role in civil or criminal litigation, as appropriate the committee may be utilized for after-action analysis reports for significant incidents involving federally provided or federally funded equipment.

 

More recently, the City of Santa Clara also established a Task Force on Diversity, Equity, and Inclusion. This group serves as another sounding board on recommendations to policies that help the City achieve equal treatment under the law.

 

Additionally, developing a complete Department-wide equipment inventory, with amortization details (e.g. expiration date or anticipated life, estimated cost to replace, etc.), has long been a goal of the Police Department. In recent years, staffing levels have prohibited this project from becoming a reality.

 

Community Engagement

SCPD exceeded the requirements of AB 481 and conducted the following community engagement:

 

January 10, 2022 - The Police Department distributed information on its website and social media (e.g. GovDelivery, Facebook, Instagram, Nextdoor, Nixle, Twitter) about a virtual Community Meeting on February 10, 2022 from 6:30 p.m. - 8:00 p.m. The following topics were included in the announcement:

                     Purpose of the new legislation, AB 481

                     Definition of military equipment

                     SCPD’s military equipment inventory

                     SCPD’s proposed equipment funding, acquisition and use policy

                     Pending annual report requirement

                     Community engagement and public access to materials

 

At the same time, the following content was uploaded on the Police Department’s website:

                     Full text of AB 481

                     SCPD’s summary of AB 481

                     AB 481 Defined list of military equipment currently in SCPD’s possession

                     Draft Lexipol Policy 706

 

January 24, 2022 - The Police Department facilitated a virtual discussion among the Chief’s Advisory Committee (CAC). Overall, CAC members were very supportive of the continued use of the Police Department’s existing equipment, particularly among the seasoned CAC members that have participated in hands-on use of force exercises over the last three years. New CAC members were pleased to learn about the Department’s existing training requirements, Department policies, ways in which the community can share concerns and commendations, how long the Department has had the equipment and stories about the application of its use. Although the new members haven’t had the same opportunities for experiential learning, this topic garnered quite a bit of interest in some of the Police Department’s pending plans for the CAC.

 

The CAC also raised inquiries about the safe and proper storage this equipment and the practicality of tracking its use.

 

February 2, 2022 - The Police Department facilitated an in-person discussion among the Policing Community Engagement/Relations Subcommittee of the Task Force on Diversity, Equity and Inclusion (DEI) Task Force. DEI focused its conversation with the Police Department on the importance of the messaging to the community, emphasizing the importance of de-escalation and having safe and effective tools in place to create time, distance and cover. Since DEI has recently conducted a review of Police Department policies and participated in use of force scenarios, it had a solid foundation on the guidelines currently in place for addressing critical incidents.

 

February 7 and 10, 2022 - The Police Department distributed a reminder on its’ website and social media about the pending meeting.

 

February 10, 2022 - The Police Department conducted a virtual Community Meeting. At any given time, there were approximately 32-34 individuals logged into the meeting. Of those, nine (9) were City of Santa Clara employees and another handful represented other law enforcement agencies that are also engaged in the AB 481 implementation process, at varying stages. While it is unknown how many of the remaining participants live in the City of Santa Clara, their interests were varied, including:  clarification of the legislation and role of the governing body, semantics between equipment and weaponry, comment about the perception that police equipment funding diverts dollars from other needs throughout the City at-large, interest in the costs of maintaining equipment and time spent training, inquiry about why certain pieces of equipment utilized by the Police Department (e.g. conducted electronical weapon) are not included in equipment inventory, question about whether Lexipol was consulted on the policy and a request for information about who was invited to participate in the public meeting.

 

In two cases, meeting participants shared concerns about police militarization. In each case, an alternate means for reaching a safe, peaceful resolution was not offered by the speaker.

 

In one case, a meeting participant expressed concern about the Police Department providing this level of detail publicly for fear that someone with ill intentions (e.g. critical incident, theft, etc.) now has significant information about the availability of local resources. Law enforcement agencies share this concern.

 

February 28, 2022 - The Task Force on Diversity, Equity and Inclusion (DEI) held a special meeting (RTC 22-330) to discuss the recommendation from the Policing Community Engagement/Relations Subcommittee regarding the Department’s proposed Policy #706 to address the requirements of AB 481.

 

Task Force members inquired about the lifespan of the equipment, the collaboration of regional assets in mutual aid situations and discussed the potential for adding minority owned small businesses as a preference in the City’s procurement process. In turn, DEI took the following actions:

 

                     Noted and filed a verbal report from the Policing and Community Engagement/ Relations Subcommittee on their efforts to analyze the proposed AB481 Policy and Ordinance; and,

                     Accepted the recommendation from the Policing and Community Engagement/Relations Subcommittee to craft a letter expressing the support of the full Task Force to be sent to the City Council on behalf of the entire Task Force.

 

March 4, 2022 - The Police Department distributed information on its’ website and social media regarding the pending City Council meeting on March 8, 2022, including a link to RTC #22-1582. The information also included ways to view and/or offer feedback in the meeting.

 

This degree of community engagement exceeds the requirements of AB 481.

 

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

The Police Department secures approximately $175,000 in asset forfeiture funds and $500,000 in local, State and Federal grants for education programs, enforcement operations, equipment and training annually.

 

AB 481 requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, to approve an annual Military Purchase and Equipment Use Policy by May 1, 2022. Without such, the Police Department will be required to cease the use of approximately $1,093,178 in the Department’s operating equipment.

 

Without City Council approval, the Police Department’s ability to respond to a critical incident, and provide mutual aid when called upon, would be detrimental to the safety of the public, involved parties in the incident and increase the City’s risk exposure.

 

COORDINATION

This report was coordinated with the Finance Department and 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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.

 

RECOMMENDATION

Recommendation

Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance.

 

Staff

Reviewed by: Pat Nikolai, Chief of Police

Approved by: City Manager’s Office

 

ATTACHMENTS 

1. Assembly Bill 481

2. Draft Police Department Policy #706, including AB 481 Defined List of Military Equipment in SCPD’s possession

3. Ordinance

4. Recommendation to Adopt AB481 Policy and Ordinance from the Task Force on    Diversity, Equity and Inclusion