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 rev...
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