HomeMy WebLinkAboutORD 14711
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ORDINANCE NO. 1.471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ADOPTING POLICE DEPARTMENT
(POLICY NO. 706), IN ACCORDANCE WITH ASSEMBLY
BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill
("AB") 481 to address the funding, acquisition, and use of items lawmakers deemed to be
considered "military equipment;" and
WHEREAS, AB 481 requires law enforcement agencies, including the Baldwin Park
Police Department, "to obtain approval of the applicable governing body, by adoption of a military
equipment use policy, as specified, "to obtain approval of the applicable governing body, by
adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held
pursuant to specified open meeting laws, prior to taking certain actions relating to the funding,
acquisition, or use of military equipment, as defined;" and
WHEREAS, the Baldwin Park City Council finds that the public has a right to know about
any funding, acquisition, or use of military or militaristic equipment by the City of Baldwin Park,
as well as a right to participate in any City decisions to fund, acquire, or use such equipment; and
WHEREAS, the Baldwin Park City Council finds that decisions regarding whether and
how military or militaristic equipment is funded, acquired, or used should give strong consideration
to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful
public input; and
WHEREAS, the Baldwin Park City Council fords that legally enforceable safeguards,
including transparency, oversight, and accountability measures, must be in place to protect the
public's welfare, safety, civil rights, and civil liberties before military or militaristic equipment is
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funded, acquired, or used; and
WHEREAS, the Baldwin Park City Council finds that for at least thirty (30) days prior to
date of the public hearing on Ordinance No. 1471, concerning the proposed Military Equipment
Policy, along with any Attachments, was made available on the Baldwin Park Police Department's
public website; and
WHEREAS, the Baldwin Park City Council finds that the military equipment identified in
the Military Equipment Policy, entitled " Baldwin Park Police Department Military Equipment
Policy " and attached hereto as Exhibit "A," is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety; and
WHEREAS, the City Council finds that the proposed Military Equipment Policy will
safeguard the public's welfare, safety, civil rights, and civil liberties; and
WHEREAS, the City Council finds that the military equipment identified in the Baldwin
Park Military Equipment Use Policy, entitled "Baldwin Park Police Department Manual Policy
706" is reasonably cost effective as compared to available alternatives that can achieve the same
objective of officer and civilian safety; and
WHEREAS, the Baldwin Park City Council fords that prior military equipment use by the
US Military is consistent with the proposed Military Equipment Policy of the Baldwin Park Police
Department; or, if not consistent, the Baldwin Park Police Department has taken corrective action
to remedy nonconforming uses and ensure future compliance; and
WHEREAS, the Baldwin Park City Council has determined and finds the Baldwin Park
Police Department has timely sought approval of Ordinance No.1471 from the Baldwin Park City
Council to continue the use of any military equipment that was acquired prior to April 19, 2022,
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and that by approving this Ordinance No. 1471, within 180 days from the date this approval process
was initiated, the City Council authorizes the Baldwin Park Police Department to continue its use
of such Military Equipment.
NOW, THEREFORE,1 OF THE CITY OF BALDWIN
PARK DOES HEREBYORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings and conclusions set forth above are
true and correct and hereby incorporated by reference.
SECTION 2. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts the BPPD Manual Policy No. 706, Military Equipment Use
Policy, along with any related Attachments, which are all attached hereto as Exhibit "A."
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect 30 days after the passage of the second reading by the City
Council of the City of Baldwin Park.
SECTION 6. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, then such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Baldwin Park hereby declares they would have adopted
this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated within the
City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be
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published in the manner required by law using the alternative summary and posting procedure
authorized under Government Code Section 36933 (c).
INTRODUCED at the regular meeting of Rialto Council on the 20th day of April 2022.
PASSED, APPROVED AND ADOPTED at the regular meeting of Baldwin Park City
Council on the 18th day of May 2022.
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Emrnanu`e'4 J. Estrada, Mayor
ATTEST:
�A&l 4,Z
Marlen Garcia, City Clerk
AP ROVED AS TO FORM:
)A
Robert Tafoya, City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss
CITY OF BALDWIN PARK
1, Marlen Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing Ordinance No. 1471 was duly passed and adopted at a regular meeting of the City Council
of the City of Baldwin Park held on the 18th day of May, 2022.
Upon motion of Mayor Estrada, seconded by Councilmember Garcia, the foregoing
Ordinance No. 1471 was duly passed and adopted.
Vote on the Motion:
AYES: Damian, Estrada, Garcia,
NOES:
ABSENT: Avila, Hernandez
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of
Baldwin Park, this 18 th day of May, 2022.
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Marlen Garcia, City Clerk