65281t70t.:. .l . ..
AN ORDINANCE OF THE CITY OF ANAHEIM
ADOPTING A POLICY GOVERNING THE USE,
FUNDING AND ACQUISITION OF MILITARY
EQUIPMENT BY THE ANAHEIM POLICE
DEPARTMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, the mission of the Anaheim Police Department (Department) is to provide the
highest quality police services to the community it serves; and
WHEREAS, the Department values transparency and public input, and welcomes open
dialogue about its practices and operations; and
WHEREAS, the Department desires to promote and ensure public safety, civil rights, and
officer; and
WHEREAS, the Department responds to a wide variety of critical incidents, instances of
civil unrest, and life and death situations, and operates in numerous unpredictable, dynamic
environments; and
WHEREAS, a variety of equipment options is needed for safe and effective resolution of
those situations; and
WHEREAS, each situation is evaluated by incident commanders or supervisors who, based
on circumstances and Department directives, determine which equipment should be used; and
WHEREAS, the Department's diverse catalogue of military equipment, as defined in state
law, and associated training gives police officers the confidence and capability to de-escalate
volatile situations, enhance the safety of the public and officers, and bring critical incidents to a
safe resolution; and
WHEREAS, from time to time, the Department may be asked to assist or need to be assisted
by other law enforcement agencies, which may include use of military equipment, as defined in
state law; and
WHEREAS, partnerships with other law enforcement agencies are an integral part of
maintaining the continuity of public safety within the region; and
WHEREAS, Assembly Bill 481 ("AB 481') became effective on January 1, 2022; and
WHEREAS, AB 481 defines military equipment in California Government Code section
7070(c) to include a wide range of equipment as described in the Department's Military Equipment
Use Policy; and
WHEREAS, AB 481 requires the Department to obtain the approval of the City Council by
an ordinance adopting a Military Equipment Use Policy prior to requesting military equipment
from the federal government, seeking funds for military equipment, including grants and donations,
acquiring military equipment, collaborating with another law enforcement agency in the use of
military equipment in Anaheim, using any new or existing military equipment in a manner not
previously approved by the Council, or entering into an agreement for funding, receipt, acquisition,
use of, or collaboration in the use of military equipment; and
WHEREAS, in applying the requirements of AB 481 to charter cities, the California
Legislature declared oversight of acquisition and use of military equipment to be a matter of
statewide concern, rather than a municipal affair, thereby superseding any inconsistent provision in
the Anaheim Charter; and
WHEREAS, the federal government allows local law enforcement agencies to obtain
certain types of military equipment through a program authorized by Section 2576a of Title 10 of
the United States Code, commonly known as the "1033 Program" or "LESO Program'; and
WHEREAS, the Department does not currently participate in the LESO Program and does
not intend to participate in the Program in the future; and
WHEREAS, in order to promote public safety, civil rights, and officer safety, the
Department desires to continue using, seeking funding for, acquiring, and collaborating when
necessary with other law enforcement agencies, in the use of, the military equipment described in
the Military Equipment Use Policy; and
WHEREAS, the City. Council, as the legislative body, makes legislative policy for the City
of Anaheim and the Anaheim Police Department; and
WHEREAS, the executive and legislative branches of City government recognize the
importance of working together to protect public safety by creating policies which protect the
residents of Anaheim; and
WHEREAS, the Council has examined the Department's Military Equipment Use Policy
(the "Policy") and finds that the Police Department has submitted all information described in
Government Code section 7070(d), enabling the Council to make the following findings; and
WHEREAS, pursuant to Government Code section 7071(d), the Council finds that the
military equipment described in the Policy is necessary because there is no reasonable alternative
that can achieve the same objectives of officer and civilian safety; and
WHEREAS, pursuant to Government Code section 7071(d), the Council further finds that
the Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; and
WHEREAS, pursuant to Government Code section 7071(d), the Council also finds that
continued use of existing military equipment and purchase of military equipment described in the
Policy is reasonably cost effective compared to available alternatives that can achieve the same
objectives of officer and civilian safety; and
WHEREAS, pursuant to Government Code section 7071(d), the Council additionally finds
that the Department will ensure the continued and future use of existing military equipment
described in the Policy will comply with the Policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
The Police Department's Military Equipment Use Policy, on file with the City Clerk, is
hereby adopted.
SECTION 2.
By adoption of the Military Equipment Use Policy, the Council approves seeking funds for
military equipment described in the Policy, including grants and donations, acquiring military
equipment described in the Policy, collaborating as needed with other law enforcement agencies in
the deployment or use of military equipment in Anaheim, using new or existing military equipment
as described in the Policy, and soliciting or entering into an agreement for funds, acquisition, use
of, or collaboration for use of military equipment described in the Policy.
SECTION 3.
The ordinance was adopted at a duly -noticed public hearing held at least thirty (30) days
after the proposed Military Equipment Use Policy was submitted to the City Council and posted on
the Anaheim Police Department's website. Approval of the Policy is not intended to and shall not
supersede existing processes to seek approval for the appropriation and expenditure of specific
funds through the annual budget process, or existing processes for the approval and execution of
contracts, donations, and grants.
SECTION 4.
The Council shall review this ordinance annually and vote whether to renew the ordinance,
consistent with the requirements of state law.
SECTION 5.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 6.
This ordinance shall take effect and be in force thirty (30) days from and after it is adopted
by the City Council.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 26 day of April , 2022, and passed and adopted on
the,2Aday of May , 2022 by the following vote:
AYES: Mayor Pro Tem O'Neil and Council Members Diaz,
Was, Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy)
CITY OF ANAHEIM
By:
MAYOR OF THE CI AHE
PRO TEM
ATTE
'4ITYJCLRK OF THE CITY OF ANAHEIM
iasa27v,2
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6528 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 26" day of April, 2022, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 20 day of May. 2022, by the following vote of
the members thereof:
AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and
Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 25° of May. 2022.
CITY CL RK OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF PROOF OF PUBLICATION
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820 Legal No. 0011539117
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6528
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
FILE NO. ORD-6528 Summa ADOPTING A POLICY GOVERNING THE USE, FUNDING
rY AND ACQUISITION OF MILITARY EQUIPMENT BY THE
ANAHEIM POLICE DEPARTMENT PURSUANT TO
AFFIDAVIT OF PUBLICATION ASSEMBLY BILL 481
This uncodified ordinance approves a Military Equipment Use Policy for
the Anaheim Police Department as required by California Assembly Bill
STATE OF CALIFORNIA, 481.
SS. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is a summary of Ordinance No. 6528, which ordinance was
County of Orange introduced at a meeting of the City Council of the City of Anaheim on
April 26,2022 and adopted at a meeting of the City Council on May 24,2022
by the following roll call vote of the members thereof:
AYES: Mayor Pro Tem O'Neil and Council Members Diaz,Ma'ae,
Moreno,Valencia,and Faessel
I am a citizen of the United States and a resident of the NOES: None
County aforesaid; I am over the age of eighteen years, and ABSENT: None
not a party to or interested in the above-entitled matter. I
am the principal clerk of the Anaheim Bulletin, a ABSTAIN: None
fMavoral vacancy]
newspaper that has been adjudged to be a newspaper of The above summary is a brief description of the subiect matter contained
general circulation by the Superior Court of the County of in the text of Ordinance No. 6528, which has been prepared pursuant to
Orange, State of California, on December 28, 1951. Case Section 512 of the Charter of the City of Anaheim. This summary does not
g include or describe every provision of the ordinance and should not be
No. A-21021 in and for the City of Anaheim, County of relied on as a substitute for the full text of the ordinance.
Orange, State of California: that the notice, of which the To obtain a copy of the full text of the ordinance, please contact the Office
of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday
annexed is a true printed copy, has been published in through Friday. There is no charge for the copy.
each regular and entire issue of said newspaper and not in Published Anaheim Bulletin June 2,2022 11539117
any supplement thereof on the following dates. to wit:
06/02/2022
I certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: June 02, 2022.
Signature
1
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6528 and was published in the Anaheim Bulletin on the 2nd
day of June, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim.
Y C ERK OF THE CITY OF ANAHEIM
(SEAL)