HomeMy WebLinkAboutOrd 2028
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ORDINANCE NO. 2028
AN ORDINANCE OF THE CITY OF BURLINGAME RENEWING THE
BURLINGAME POLICE DEPARTMENT MILITARY EQUIPMENT
USE POLICY; CEQA DETERMINATION: EXEMPT PURSUANT TO
STATE CEQA GUIDELINES SECTION 15378 AND 15061(b)(3)
WHEREAS, California Assembly Bill 481 (AB 481) became effective January 1,
2022, which requires law enforcement agencies to adopt a Military Equipment Use Policy
(“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of
military equipment as defined by the statute; and
WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency
can take action to request military equipment; seek funds (such as grants or in-kind donations)
for acquiring military equipment; actually acquire military equipment, either permanently or
temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies
to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing
military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a
proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for,
acquire, use, or collaborate in using military equipment; or to acquire military equipment through
any other means not specifically detailed in the statute; and;
WHEREAS, Government Code Section 7070 provides a list of types of equipment
that are to be considered military equipment for purposes of compliance with AB 481 and
the Government Code; and while the Burlingame Police Department does not possess
any tactical equipment as obtained from the military, nor does it possess any equipment
that was designed for military use, it does possess some types of equipment that are
listed in Section 7070; additionally, the Burlingame Police Department participates in a
regional S.W.A.T. team, which possesses and utilizes additional types of equipment that
qualify as military equipment according to the Government Code; and
WHEREAS, AB 481 provides that the Policy must be adopted by ordinan ce at a
regular meeting of the governing body, i.e., the City Council for the law enforcement
agency; and
WHEREAS, on May 2, 2022, the City Council enacted Ordinance No. 2005,
adopting a Military Equipment Use Police for the Burlingame Police Department, and
approving use of the military equipment described in the Policy; and
WHEREAS, pursuant to AB 481, this Ordinance shall be reviewed by the City Council
at least annually, and based on an annual military equipment report that must be submitted to
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the City Council, the City Council shall determine whether each type of military equipment
identified in the report has complied with the standards for continued approval; if the City Council
cannot make such a determination, it shall either disapprove a renewal of the authorization for
that type of equipment, or require modifications to the Policy in a manner to resolve the lack of
compliance; and
WHEREAS, the Burlingame Police Department prepared an Annual Report of
military equipment used in 2023, and publicly released the Annual Report on its webpage
30 days prior to the Public Hearing; thereafter, on April 9, 2024, the Department held a
well-publicized community meeting at the Burlingame Community Center which was open
to the general public for the purpose of presenting the 2023 Annual Report and answering
questions regarding the deployment of the Department’s military equipment; and
WHEREAS, the City Council has reviewed the 2023 Annual Report, and at a
regular meeting considered renewal of the ordinance authorizing use of military
equipment; and
WHEREAS, in order to comply with AB 481 and the California Government Code,
the City Council wishes to renew the ordinance authorizing the continued use of military
equipment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals
The recitals set forth above are true and correct, and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
Section 2. Findings
Pursuant to Government Code sections 7071(e)(1),(2), and (d)(1), as may be
amended or renumbered from time to time, the City Council hereby makes the following
findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is
no reasonable alternative that can achieve the same objective of officer and
civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights,
and civil liberties.
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C. If the Police Department purchases military equipment pursuant to the
Policy, the equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety.
D. 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.
Section 3. Military Equipment Use Policy Adopted
In light of the findings set forth in Section 2, and in accordance with AB 481, the
City Council, as the Governing Body described in AB 481, renews the Burlingame Police
Department Military Equipment Use Policy and use of the military equipment described
therein.
Section 4. CEQA Determination
The City Council finds and determines this Ordinance is not a project within the
meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting
in physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be see n with certainty
to have no possibility of a significant effect on the environment.
Section 5. Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The City Council of the City of Burlingame hereby declares that
it would have adopted the Ordinance and each section, subsection, sentence, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional.
Section 6. Effective Date
This Ordinance shall go into effect 30 days following its adoption.
Section 7. Publication The City Clerk is directed to publish this ordinance in a
manner required by law.
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Section 8. Codification
This Ordinance shall not be codified in the Burlingame Municipal Code.
______________________
Donna Colson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
15th day of April 2024, and adopted thereafter at a regular meeting of the City Council
held on the 6th day of May 2024, by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
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