For City Council Meeting [February 13, 2024]
TO: Honorable Mayor and City Council
FROM: David Carmany, City Manager
AUTHOR: Mark P. Kling, Chief of Police
Title
Request City Council to Approve the Rialto Police Department 2023 Annual Military Equipment Report, as Required by Section 7072(a) of the California Government Code.
Body
BACKGROUND
California Assembly Bill No. 481 (AB 481), passed in September 2021, governs the reporting and approval of military equipment used by law enforcement agencies. Codified in California Government Code sections 7070-7075, required City Council adopt the initial Rialto Police Department Military Equipment Policy Report in 2022, and approval of an annual military equipment report for subsequent years. The 2023 Annual Military Equipment Report is attached for review and approval.
ANALYSIS/DISCUSSION
Per California Government Code 7072(a), the annual military equipment report shall include the following information for the immediately preceding calendar year for each type of military equipment:
• A summary of how the military equipment was used and the purpose of its use.
• A summary of any complaints or concerns received concerning the military equipment.
• The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
• The quantity possessed and annual cost for each type of military equipment.
• Military equipment the law enforcement agency intends to acquire in the next year.
Per California Government Code 7072(b), within 30 days of submitting and publicly releasing this annual military equipment report, the Rialto Police Department is required to hold a well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. This community engagement meeting will be held at 7:00PM on Monday, February 26, 2024, and will be held at the Police Annex Building at 429 West Rialto Avenue.
The attached policy and equipment will be posted for viewing on both the Rialto Police Department website, at www.rialtopolice.com <http://www.rialtopolice.com> and the City website, at <https://yourrialto.com> immediately following City Council approval.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and excludes the following:
1. Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.
2. Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3 in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsible manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
Operating Budget Impact
This action has no impact to the Operating Budget.
Capital Improvement Budget Impact
This action has no impact to the Capital Improvement Budget.
Licensing
This action does not require a City of Rialto Business License.
RECOMMENDATION
Staff recommends that the City Council approve the 2023 Annual Military Equipment Report, as required by Section 7072(a) of the California Government Code.