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2025/05/13 City Council Resolution 2025-030 RESOLUTION NO. 2025-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RENEWING ORDINANCE NO. 983 ESTABLISHING POLICY 706, REGARDING THE DEPARTMENT OF PUBLIC SAFETY'S ACQUISITION AND USE OF MILITARY EQUIPMENT WHEREAS, effective January 1, 2022, Assembly Bill 481 ("AB 481") implemented Government Code Sections 7070, et. seq. and set forth a process by which law enforcement agencies may obtain approval from their governing bodies of a Military Equipment (as that term is defined in Government Code Section 7070(c))use policy through the adoption of an ordinance; WHEREAS, if the City Council of the City of Rohnert Park adopts an ordinance implementing a Military Equipment use policy, Government Code Section 7071(a) requires the City Council to annually review its use of Military Equipment for the prior year, issue an annual report regarding that use and include any Military Equipment it proposes to acquire during the upcoming year,and to publish that report on its Internet website followed by a well-publicized and conveniently located community engagement meeting within 30 days of publicly releasing the annual report; WHEREAS, at its April 23, 2024 meeting, the City Council conducted a public hearing and considered the introduction of an ordinance adopting a new Military Equipment use policy to include the both the Military Equipment in the Rohnert Park Department of Public Safety's ("Department's") inventory and the acquisition of new equipment. Further, at its regular meeting on May 14,2024,pursuant to Government Code Section 7071,the City Council adopted Ordinance No. 983, An Ordinance of the City of Rohnert Park, California, Adopting a Military Equipment Use Policy, which is entitled"Policy 706 — Military Equipment"("Policy 706"); WHEREAS, the Department did prepare a 2024 AB 481 Annual Report ("Annual Report") describing its inventory and use of Military Equipment for the prior year and made it publicly available on its website on April 11, 2025; WHEREAS, the Department did provide public notice that it would present the Annual Report at the May 13, 2025 regular meeting of the City of Rohnert Park City Council where members of the community would be allowed to discuss and ask questions regarding the Annual Report; WHEREAS, on May 13, 2025, the Department did present the Annual Report, where the public and the City Council had the opportunity to and did discuss and ask questions about the Annual Report; WHEREAS, Policy 706 is consistent with the Department's current practices, has been posted on the Department's website since its adoption, complies with all the requirements of Government Code Sections 7070, et seq., ensures regulation and compliance with the law going forward, and provides a means of community engagement and transparency regarding the Department's use of Military Equipment; WHEREAS, On May 13, 2025, the City Council reviewed Ordinance No. 983, An Ordinance of the City of Rohnert Park, California, Adopting a Military Equipment Use Policy; and WHEREAS, the City Council has accepted the Annual Report and desires to renew Ordinance No. 983 in compliance with Government Code Section 7071. NOW,THEREFORE,BE IT RESOLVED that the City of Rohnert Park City Council finds and determines as follows: A. The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and,together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this resolution. B. That, based on the 2024 AB 481 Annual Report submitted pursuant to Government Code Section 7072, each type of Military Equipment identified in that report and the use of that equipment has complied with the standards for approval set forth in Government Code Section 7071(d). C. The City of Rohnert Park City Council has reviewed Ordinance No. 983 and wishes to renew that ordinance for an additional year, and pursuant to Government Code Section 7071(d)(1), the City Council continues to find the following: 1. Authorizing the use of Military Equipment as set forth in Ordinance No. 983 and Rohnert Park Department of Public Safety Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the Military Equipment as set forth in Policy 706 is part of the Department's overall approach to critical incident management, use of force, de- escalation and public safety. The equipment will enable Department members to properly respond to both planned and unplanned events efficiently and effectively. 2. Ordinance No. 983 and Policy 706 will safeguard the public's welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified Military Equipment in the City of Rohnert Park. 3. The Rohnert Park Department of Public Safety is not proposing to purchase any Military Equipment, as defined in Government Code Section 7070(c), at this time. 4. The Department's prior use of Military Equipment has complied with applicable law and policies in effect at the time of the use. 5. Ordinance No. 983 and Policy 706 comply with the requirements of Government Code Sections 7070, et seq. BE IT FURTHER RESOLVED that the City Council finds that renewal of Ordinance No. 983 and Policy 706 are exempt from the provisions of the California Environmental Quality Act ("CEQA") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment consistent with Section 15061(b)(3) of the CEQA Guidelines, nor is it a"project," as defined in Section 15378 of the CEQA Guidelines. Resolution 2025-030 Page 2 of 3 BE IT FURTHER RESOLVED that the City Council hereby renews Ordinance 983, An Ordinance of the City of Rohnert Park, California, Adopting a Military Equipment Use Policy. DULY AND REGULARLY ADOPTED this 13th day of May 2025. CITY A1/. ' 1 HNERT PARK "4"‘• NW G: ~ e, Mayor ATTEST: Sylvia , APPROV TO FORM: le . e , ity Attorney ADAMS: ELWARD: RODRIGUE SANBORN•Ii ,( GIUDICE: YES: ( q ) NO S: (.q&. ABSENT ( 9:9 ABSTAIN:T(in) Resolution 2025-030 Page 3 of 3