2022/05/10 City Council Ordinance 964 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 964.
Ordinance 964, an Ordinance of the City Council of the City of Rohnert Park,
California, Adopting a Military Equipment Use Policy was published on 5/13/2022 as
required by law, and posted in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 5/13/2022.
The full text of Ordinance No. 964 was published in the Community Voice on 5/13/2022 as
required by law.
Sylvia Lopez Cuevas, erk
Subscribed and sworn to before me this June 1, 2022
1i <.
Elizabeth Machado, Deputy City Clerk
ROHNERT PARK
CERTIFICATION OF PUBLICATION IN MAY -2 7 ,2022
"The Community VOICE" CITY CLERK
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No. 964
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park Ordinance
No. 964" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 13
day of May, 2022 and ending on the a 13 day of May, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 13 day of May, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
ORDINANCE NO. 964
AN ORDINANCE OF THE CITY OF ROHNERT ARK, CALIFORNIA, ADOPT.
ING A MILITARY EQUIPMENT USE POLICY
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed Into IawAssem.
bly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bil1481, codified al Catiforri[a GOvernMeat Code sections 7070
ihrough 7ffl5, requlras law enforcement agencies to obtain approval of the applicahle
governing body prior to taking certain actions relating to the funding, acquisition, solic-
itetlon, or use of military equipment; and
WHEREAS, Assembly Bill481, requires that the approval by tiie governing body be
by an ordinance ado pling a mllitary equipment use policy, at a regular ineating held pur-
suant to open meeting laws; and
WHEREAS.AssDrubly Bill481 aIlowsth0 governing body of a cfly to itpprovethe fund-
Ing, acquisition, or use of inIIkaryequipmentwith in its jurisdicflon only if it makes spec-
19ed determinations with respect to a military equfpmont use POIIcy; and
WHEREAS, a draft of the Rehaed Park Department of Public Safety POlioy 706 "MID-
tary Equipment" was published on the Rohnert Park Department Of Public Safety's In-
ternet website, and provided to the City Council at least 30 days prier to public hearing
In accordance with requirements of Govarnmenl Code section 7071; and
WHEREAS, the Rohnert Park Department of Public Safety policy 706 "Mllltory Equip
menY' meats the u PrequIrememsof CalIfor"i5 GOVernmeatCOdesectlon 7070, subdlvfr-
(d); and
WHEREAS, the military equipment fdentiRod In tile Rolmerl Park Depa rl me n t of Public
Safety Policy 706 "Military Equipment" is necessary, because there are no reasonable
aflernatives that can achieve the same objectives of Officer and civilian safety; and
WHEREAS, Rohnert Park Dapanmentof public Safety POicy7D8 "Military Equipment"
will safeguard the publ ic's we [fare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Rohnert Park Department of Public
Safety Fahey 706 "Military Equipment" is reasonably cost effective compared to available
a ltern ativoa that Can ac It ieve the Same OblaCtive Of officer and civ flian Safely; and
WHEREAS, no prior military use policy has existed in the City of Rohnert Park that
was applicable 10 the use of milltary equfpmont, and I h D adoption of such policy shall
serve to secure future compliance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. Ret:itaIs. The above recitals are adopted as findings of the City CouncIT
in enacting this ordinance.
SECTION 2, Adoption of Policy. The Rohnert Park Department of Public Safety Policy
706 "Military Equipment" is hereby approved and adopted.
SECTION 3. Reporting and Puhitcalion of Policy.
In accordance with Government Code section 7071, the Director Of the Department
of Public Safety shall cause the Policy 706 "Military Equipment" to be made publicly
oval table on the Dopartment's internal webs [to for as hang as military equipment is avafl-
abte far use. The Department of Public Safety is directed to make available fife reports
and con duct the regaIred community 0ngagement meeting required by Government Code
section 7072 on an annuM basis.
SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this ordi-
nance to be published in the manner required by law.
SECTION 6. Environmental Review, Tile City Council finds the approval of this ordۥ
nenco is exempt under Section 15061(h)13) of the CERA Guidelines because it can be
seen with cell aty that there is no pOssibll€ty that the adoption of this ordinance may
have a significant oftect on the envfro nmenL
This ordinance was introduced on April 26, 2022 and adopled by the Council of the
CIly of Rohnert Park on May 10, 2022, by the following roll call vote:
AYES: (4) Four: Councllmembers Giudice, Hollingsworth -Adams,
NOES: (0) Zero Stafford and Mayor Elward
ABSENT: (1) Vice Mayor Linares
ABSTAIN: (0) Zero
Jackie Elward,
ATTEST:
Elizabeth Machado,
Mayor
City of Rohnert Park
Deputy City Clerk
APPROVED AS TO FORM:
Michelle hlarchetto Kenyon,
City Attorney
.y —
"` 7
Publish Date: May 13, 2022
rite ComMuni iy voice
ORDINANCE NO. 964
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADOPTING A
MILITARY EQUIPMENT USE POLICY
WHEREAS,On September 30,2021,Governor Gavin Newsom signed into law Assembly
Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070
through 7075, requires law enforcement agencies to obtain approval of the applicable governing
body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of
military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by
an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open
meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the
funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified
determinations with respect to a military equipment use policy; and
WHEREAS,a draft of the Rohnert Park Department of Public Safety Policy 706"Military
Equipment" was published on the Rohnert Park Department of Public Safety's internet website,
and provided to the City Council at least 30 days prior to public hearing in accordance with
requirements of Government Code section 7071; and
WHEREAS, the Rohnert Park Department of Public Safety Policy 706 "Military
Equipment"meets the requirements of California Government Code section 7070,subdivision(d);
and
WHEREAS, the military equipment identified in the Rohnert Park Department of Public
Safety Policy 706 "Military Equipment" is necessary,because there are no reasonable alternatives
that can achieve the same objectives of officer and civilian safety; and
WHEREAS, Rohnert Park Department of Public Safety Policy 706 "Military Equipment"
will safeguard the public's welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Rohnert Park Department of Public
Safety Policy 706 "Military Equipment" is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS, no prior military use policy has existed in the City of Rohnert Park that was
applicable to the use of military equipment, and the adoption of such policy shall serve to secure
future compliance;
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
SECTION 2. Adoption of Policy. The Rohnert Park Department of Public Safety Policy
706 "Military Equipment" is hereby approved and adopted.
SECTION 3. Reporting and Publication of Policy.
In accordance with Government Code section 7071, the Director of the Department of
Public Safety shall cause the Policy 706 "Military Equipment" to be made publicly available on
the Department's interne website for as long as military equipment is available for use. The
Department of Public Safety is directed to make available the reports and conduct the required
community engagement meeting required by Government Code section 7072 on an annual basis.
SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
SECTION 5.Publication of Ordinance.The City Clerk is directed to cause this ordinance
to be published in the manner required by law.
SECTION 6. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a significant
effect on the environment.
This ordinance was introduced on April 26, 2022 and adopted by the Council of the City
of Rohnert Park on May 10, 2022, by the following roll call vote:
AYES:C,p 1C,k mex^nt°rs av\ ce, 1-4t)11‘rYqSw -ndcxms, -Ctvrd. and Mau-jor Elward
NOES: (o'Zer0
ABSENT: VICe t•AA.c-tor L11'10A tS
ABSTAIN: (u) Zero
CITY OF ROHNERT PARK
Ja ie Elw , or
ATTEST:
Elizabeth Machado, Deputy City Clerk
Ordinance No. 964
2
APP OVE O •
is elle Marchetti Kenyon, City Attorney
Ordinance No.964
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