Staff Report with attachments
PREPARED BY: Derek Moye
Interim Operations Captain
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/19/2022 ITEM NO: 11
DATE: April 19, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Approving a Military Equipment Funding, Acquisition,
and Use Policy Pursuant to Assembly Bill 481.
RECOMMENDATION:
Adopt an Ordinance approving a military equipment funding, acquisition, and use policy
pursuant to Assembly Bill 481.
DISCUSSION:
At its April 5, 2022, meeting, the Town Council voted 5-0 to approve the military equipment
funding, acquisition, and use policy Ordinance pursuant to Assembly Bill 481.
Staff recommends that the Town Council adopt the Ordinance approving a military equipment
funding, acquisition, and use policy pursuant to Assembly Bill 481.
FISCAL IMPACT:
There is no fiscal impact by adopting this Ordinance.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Ordinance
This Page Intentionally Left Blank
Page 1 of 3
ATTACHMENT 1
ORDINANCE NO. _____
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, STATE OF
CALIFORNIA, ADDING ARTICLE III TO CHAPTER 21 TO THE TOWN CODE GOVERNING
THE USE OF MILITARY EQUIPMENT BY THE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly
Bill 481, (creating Government Code Section 7070, et seq.) relating to the use of military
equipment by law enforcement agencies; and
WHEREAS, Assembly Bill No. 481 (“AB 481”), requires law enforcement agencies to obtain
approval of the applicable governing body, by an ordinance adopting a “military equipment” use
policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions
relating to the funding, acquisition, or use of military equipment. The term “military equipment”
is defined in California Government Code section 7070; and
WHEREAS, AB 481 allows the governing body of a Town to approve the funding,
acquisition, or use of military equipment within its jurisdiction only if it makes specified
determinations; and
WHEREAS, the proposed Military Equipment Use Policy is attached hereto as Exhibit “A”
and incorporated herein by this reference (the “Military Equipment Use Policy”); and
WHEREAS, the proposed Military Equipment Use Policy was published on the Los Gatos
Police Department’s internet website on March 3, 2022, more than 30 days before the Military
Equipment Use Policy was considered at a public hearing before the Town Council on April 5,
2022; and
WHEREAS, the Military Equipment Use Policy meets the requirements of California
Government Code section 7070, subdivision (d).
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I: That a new Article III is added to Chapter 21 (entitled “Police”) of the Town
Code of the Town of Los Gatos to read as follows:
CHAPTER 21, ARTICLE III. - MILITARY EQUIPMENT USE POLICY.
Sec. 21.30.010 – Findings and Purpose.
(a) The Town Council has made the following determinations:
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ATTACHMENT 1
(1) The military equipment inventoried and presented to the Town Council is
necessary because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety; and
(2) The Military Equipment Use Policy (“Policy”) will safeguard the public’s
welfare, safety, civil rights, and civil liberties; and
(3) The military equipment identified in the Military Equipment Use Policy is
reasonably cost effective compared to available alternatives that can achieve the
same objective of Officer and civilian safety; and
(4) Prior military equipment use complied with the applicable Equipment Use
Policy (which included equipment now defined as military equipment) 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.
(b) The Police Department has submitted a proposed Policy to the Town Council and has
made those documents available on the Police Department’s website for at least 30 days
prior to the public hearing concerning the military equipment at issue.
(c) The Policy was considered by the Town Council as an agenda item in an open session
of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public
comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as
long as the military equipment is available for use.
(e) The Police Department shall submit an annual military equipment report to the Town
Council, containing the information required in Government Code Section 7072, and the
Town Council shall determine whether each type of military equipment identified in that
report has complied with the standards for approval set forth in (a)(1)-(4) above.
(f) The Town Council shall review this ordinance, and vote on whether to renew it, on an
annual basis at a regular meeting, in accordance with Government Code Section
7071(e)(2)
(g) The Town Council approves the use of the Policy and finds that it satisfies the
requirements of Government Code Section 7070(d).”
SECTION II. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section
15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential
to result in physical change in the environment, directly or indirectly. This Ordinance is also
exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment.
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ATTACHMENT 1
SECTION III. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance or its application to other persons
and circumstances. The Town Council of the Town of Los Gatos declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion
thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases,
or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are
hereby declared to be severable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION. This Ordinance was introduced at a
regular meeting of the Town Council of the Town of Los Gatos on the 5th day of April 2022 and
adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of
the Town Council of the Town of Los Gatos on the 19th day of April 2022. This ordinance takes
effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within
fifteen (15) days after its passage a summary of the ordinance may be published at least five (5)
days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall
be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of April 2022, by the following vote:
COUNCIL MEMBERS:
AYES
NAYS:
ABSENT:
ABSTAINING:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATED:__________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________