HomeMy WebLinkAboutOrdinances - No. 2001ORDINANCE NO. 2001
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL
CODE ARTICLE 2 — ADMINISTRATION AND PERSONNEL — BY ADDING
CHAPTER 2.26, "MILITARY EQUIPMENT USE POLICY," TO PROVIDE FOR
THE LODI POLICE DEPARTMENT'S ADOPTION OF A MILITARY EQUIPMENT
USE POLICY IN ACCORDANCE WITH AB 481
WHEREAS, on September 30, 2021, the California Legislature adopted Assembly Bill 481
("AB 481 "), which requires law enforcement agencies to obtain approval of their governing bodies,
by adoption of a military equipment use policy, by ordinance at a regular meeting prior to a law
enforcement agency taking action to fund, acquire, or use retired military equipment; and
WHEREAS, the Lodi Police Department is a law enforcement agency that currently uses
military equipment in its operations and is required to comply with AB 481; and
WHEREAS, the Police Department has submitted a proposed Military Equipment Use
policy, attached hereto and incorporated herein as Exhibit "A", to the City Council for review and
has made the Policy available on the Police Department's website for at least 30 days prior to the
first public hearing introducing this Ordinance; and
WHEREAS, the Policy was first considered by the City 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 on May 18, 2022; and
WHEREAS, at the regular meeting of the City Council held on June 1, 2022, the City
Council conducted a second reading to adopt this Ordinance providing for the Policy.
NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS'
Section 1. The foregoing recitals are true and correct.
Section 2. Lodi Municipal Code Chapter 2.26 entitled, "Military Equipment Use Policy," is
hereby added to Article 2 — Administration and Personnel — to read as follows:
2.26.010 Military Equipment Use Policy
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary
because there is no reasonable alternative that can achieve the same objective of officer and
civilian safety;
(2) The proposed military equipment use policy ("Policy") will safeguard the public's
welfare, safety, civil rights, and civil liberties;
(3) The military equipment is reasonably cost effective compared to available alternatives
that can achieve the same objective of officer and civilian safety (if any);
(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.
(5) The City Council approves the use of the Policy, and finds that it satisfies the
requirements of Government Code Section 7070(d).
(b) The Policy shall be made publicly available on the Police Department's website for as long as
the military equipment is available for use.
(c) The Police Department shall submit an annual military equipment report to the City Council,
containing the information required in Government Code Section 7072, and the City 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.
(d) The City 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).
Section 3. Technical Adjustments. If necessary to facilitate the implementation of this
Ordinance, the City Clerk is authorized to make technical adjustments to text of this Ordinance or
the Policy that do not substantively affect the content of this Ordinance. The City Clerk shall
consult with the City Manager and City Attorney concerning any technical adjustments deemed
necessary.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause
or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City
Council of the City of Lodi hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one
or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective.
Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 6. CEQA. This Ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity
will not result in a direct or reasonable foreseeable indirect physical change in the environment),
Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section
15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because
it has no potential for causing a significant effect on the environment.
Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
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 City Council, and a certified copy shall be posted in the office of the City
Clerk pursuant to Government Code section 36933(c)(1).
Approved this 1s' day of June, 2022
` , %tic.,
MIKEY-�ITHI
Mayor Pro Tempore
Attest:
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2001 was
introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and was
thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
June 1, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, and Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi and Mayor Chandler
ABSTAIN COUNCIL MEMBERS — None
I further certify that Ordinance No. 2001 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
OLIVIA NASHED
City Clerk
Approved as to Form:
J NI E D. AGDICH
City Attorney