HomeMy WebLinkAboutOrdinance #4254 U\CODIFIED EMERGENCY ORDINANCE NO. 4254
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH ADOPTING A
MILITARY EQUIPMENT USE POLICY CONSISTENT WITH
ASSEMBLY BILL NO. 481, AND MAKING A FINDING OF
EXEMPTION UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the California Legislature passed, and the Governor signed. Assembly Bill 481
(AB 481), which requires City Council approval, via adoption ofa"military equipment use policy"
by ordinance, prior to the finding, acquisition, or use of"military equipment," as defined in the
Legislation, by May 1. 2022.
WHEREAS, the Huntington Beach Police Department (1-IBPD) is in possession of certain
items of' equipment that qualify as "military equipment" under AB 481 and further intends to
acquire and use other items of military equipment as critical tools to safeguard the public's health,
welfare, safety, civil rights, and civil liberties.
WI-11iRFiAS, the I.IBPD's ability or inability to use its "military equipment' has the potential
to impact the health, safety, and welfare of residents in the Citv, particularly as to its ability to
prevent and address crime in the City. As such. and notwithstanding any argument concerning the
applicability of AB 481 to charter cities, the City Council finds that there is an immediate need to
adopt a military equipment use policy in order to protect the public health, safety, and welfare, and
to avoid any period of time wherein the I-IBPD is unable to utilize its own vital resources.
WHEREAS. the 1-IBPD has submitted and proposed a military equipment use policy
consistent with A13 481, and has made the proposed policy available on the I-IBPD website for at
least 30 days prior to the public hearing concerning the military equipment at issue.
WFIEREAS, pursuant to Huntington Beach Charter section 501, the City may introduce, enact
and adopt an emergency ordinance at a regular or special meeting which takes effect inunediatel%
if passed by five affirmative votes and expires 120 days thereafter.
WHERE AS, while the I-IBPD has been diligently preparing the "military equipment" use
policy since A13 481 was signed and has met the extensive notice provisions in the law, including
a mandatory publication of the proposed policy 30 days prior to the City Council's consideration
of'the policy, the Ordinance could not be made ready for hearing in time to accommodate the 30-
day delay in effectiveness ofa regularly-processed ordinance. If this Ordinance does not become
effective prior to May I. 2021 the 1-IBPD may be curtailed in its ability to use less-lethal tools,
and could hinder the effectiveness of the HBPD in preventing and addressing crime, which in turn
would put the health, safety, and welfare of citizens at increased risk.
WHEREAS, all other legal prerequisites prior to the adoption of this Ordinance have
occurred.
22-10876/179597
Emergency Ordinance No. 4254
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1 Nlandatory Findings. The City Council finds that:
A. The military equipment inventoried in proposed I-IBPD Policy 706 attached hereto and
presented to the City Council is necessan, because there is no reasonable alternative that
can achieve the same objectives of officer and civilian safety.
B. The proposed military equipment use policy will safeguard the public's welfare, safety,
civil rights, and civil liberties.
C. The equipment is reasonably cost effective compared to available alternatives that can
achieve the same objectives of officer and civilian safety.
SECTION 2, Ylilitary Equipment Use Policy Adopted. HBPD Policy 706 is hereby approved
and adopted.
SECTION 3. Annual Council Review. The HBPD shall submit an annual military equipment
report consistent with the information required by Government Code Section 7070 et. seq, and the
City Council shall thereafter detennine whether each type of military equipment therein complies
with the standards for approval. The City Council shall, on an annual basis. review this Ordinance
and vote on whether to renew its approval until such time that the Council approval provision
required by AB 481 is amended, overturned, or revoked.
SECTION 4. CB A. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ('CEQA"), the State CEQA
Guidelines. and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is exempt from CEQA under the general rule in CEQA Guidelines
Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a
significant effect on the environment and because it can be seen with certainty that there is no
possibility that this Ordinance will have a significant effect on the environment.
SECTION 5. Effective Date and Term. This Ordinance is adopted as an emergency ordinance
for the immediate preservation of the public peace, health and safety pursuant to Charter Section
501, and therefore shall be passed immediately upon its introduction and shall become effective
immediately upon its adoption by a 5/7 vote of the City Council for a term of 120 days.
SECTION 6. Severability. If any section, subsection. subdivision. sentence, clause, phrase.
or portion of this Ordinance or the application thereof to any person or place, is for any reason held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or application,
and to this end, the provisions of this Ordinance are severable. The City Council hereby declares it
would have adopted this Ordinance, and each and every section. subsection. subdivision. sentence,
clause, phrase. or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions,sentences, clauses, phrases,or portions thereofbe declared invalid or unconstitutional.
Emergency Ordinance No. 4254
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published in the manner required by law.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the `day of , 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C. Attorney
REVIEWED AN APPROVED: INITIAT D AND PPROVED:
City Manager Chief of Police
3
Uncodified Emergence Ord. No.
4254
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
1. ROBIN ESTANISLAU, the duly elected. qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven-, that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on May 3, 2022 and was passed and
adopted by at least five affirmative votes of said City Council.
AYES: Peterson, Bolton. Posey, Delgleize. Carr, Moser. Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
I.R0131N IiSI*ANISI.AIJ.CITY CIA-IRK of the City of
Ifuntington Reach and ec-officio Clerk ollhc City
Council,do hereby certify that a synopsis of this
ordinance has oxen published in the Huntington Reach
V1'avc on: Alac 12,2022.
In accordance with the City Charter of said City. ✓
Robin Estanislau. City Clerk City Clerk and ex-officio Clerk
Denuu-City Clerk of the City Council of the City
of Huntington Beach. California