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HomeMy WebLinkAboutR-11589 accepting the 2024 Military Equipment Use (AB 481) Annual Report and renewing Ordinance No.RESOLUTION NO. 11589 (2025 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE 2024 MILITARY EQUIPMENT USE (AB 481) ANNUAL REPORT AND RENEWING ORDINANCE NO. 1712 WITH FINDINGS OF ONGOING COMPLIANCE WITH CITY POLICY AND STATE LAW WHEREAS, Assembly Bill 481 (AB 481), approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code, starting at section 7070), requires all California law enforcement agencies to have a military equipment use policy approved by the agency’s governing body prior to requesting, seeking funding for, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment; and WHEREAS, on May 3, 2022, the City Council of the City of San Luis Obispo adopted Ordinance No. 1712 (2022 Series) and approved San Luis Obispo Police Department Policy No. 707 as the Department’s Military Equipment Use Policy (Policy No. 707) based on findings of compliance with AB 481; and WHEREAS, Policy No. 707 and AB 581/Government Code §S 7071-7072 require the Police Department to report to the City Council annually on the Department’s use of military equipment; and WHEREAS, on June 20, 2023, the City Council received and filed the 2022 Police Department Crime Report and Military Equipment Use Annual Report; and WHEREAS, on August 20, 2024, the City Council received and filed the 2023 Police Department Crime Report and Military Equipment Use Annual Report; and WHEREAS, on August 8, 2025, the Police Department posted the 2024 Military Equipment Use Annual Report, on the Police Department website and notified the public that the report was available for public review; and WHEREAS, on September 2, 2025, the City Council received the 2024 Military Equipment Use Annual Report, reviewed Policy No. 707, and determined that each type of military equipment identified in the report has complied with all of the standards set forth in Government Code Section 7071(e)(1-2); and WHEREAS, the Police Department does not recommend any changes to Policy No. 707; and WHEREAS, the Police Department seeks authorization from the City Council for use of new or additional military equipment as identified on pages 7-8 the 2024 Military Equipment Use Annual Report. Docusign Envelope ID: 398B9079-53A4-4B72-BDF7-EE29E6EFC698 R 11589 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the above is true and that: SECTION 1. Findings. 1. The above-stated Recitals are adopted and incorporated herein as findings of the City Council. 2. The Police Department’s use of military equipment in 2024 complied with Policy No. 707 and with the requirements of AB 481 found in Government Code § 7071. 3. The Police Department’s use of military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 4. The Police Department’s military equipment use policy will continue to safeguard the public’s welfare, safety, civil rights, and civil liberties. 5. The military equipment requested for use by the Police Department as identified in the 2024 Military Equipment Use Annual Report will either increase the inventory of existing approved military equipment or provide a safer alternative to existing approved military equipment. The equipment will further Policy 707’s objective of officer and civilian safety. The requested equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Docusign Envelope ID: 398B9079-53A4-4B72-BDF7-EE29E6EFC698 R 11589 SECTION 2. Action. The City Council does hereby: 1. Accept the 2024 Military Equipment Annual Report. 2. Determine that the Police Department’s use of military equipment in 2024 complied with Policy No. 707 and applicable state law, including Government Code 7070 et seq. 3. Renew Ordinance No. 1712 (2022 Series), thereby determining that Policy 707 shall remain in effect without change. 4. Authorize the Department’s purchase of requested equipment identified in the 2024 Military Equipment Use Annual Report as New Equipment Acquisition per Government Code § 7072(a)(6) to preserve life and enhance the safety of citizens and officers. Upon motion of Council Member Marx, seconded by Council Member Boswell, and on the following roll call vote: AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 2nd day of September 2025. ____________________________________ Mayor Erica A. Stewart ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney Docusign Envelope ID: 398B9079-53A4-4B72-BDF7-EE29E6EFC698 R 11589 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ______________________________ Teresa Purrington City Clerk Docusign Envelope ID: 398B9079-53A4-4B72-BDF7-EE29E6EFC698 9/4/2025 | 11:05 AM PDT