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10A Action 2021 0216
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10A Action 2021 0216
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CM City Clerk-City Council - Document Type
Agenda
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2/16/2021
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File Number: 21-098 <br />theme in every stakeholder interview as part of the analysis, in particular in relation to youth and to <br />single homeless adults and homeless parents with children; and <br />WHEREAS, the City of San Leandro has experienced a history of racial discrimination and <br />harassment against people of color. This includes, but is not limited to, housing discrimination, <br />recognized by a former Mayor during a City Council meeting on March 29, 1972. The policy statement <br />was made by the former Mayor following a cross burning incident at a San Leandro home. The former <br />Mayor stated: “The City Council of San Leandro recognizes there is a problem and it is for this reason <br />that the City Council has approved the appointment of the Mayor’s Advisory Committee on Housing” <br />(Chronology of the City of San Leandro Efforts to End Housing Discrimination and Promote Community <br />Diversity, San Leandro.org, https://www.sanleandro.org/civicax/filebank/blobdload.aspx?blobid=3761 <br />(last visited Jan 24, 2021)); and <br />WHEREAS, on August 19, 2019 California Governor Gavin Newsom signed Assembly Bill (AB) <br />392, authored by Assembly member Shirley Weber (D-San Diego), which enacts one of the strongest <br />use-of force laws in the country. The State law regarding use of force remained largely unchanged <br />since 1874. In San Leandro, the City’s use of force policy was amended and put into effect in <br />accordance with State law, case law, and best practices most recently in May 2017, February 2020, <br />and September 2020; and <br />WHEREAS, Senate Bill (SB) 230 (2019), which was passed contingent upon enactment of AB 392, <br />requires officers to use other techniques to address threats instead of using deadly force when safe to <br />do so, requiring law enforcement to receive training on and use de-escalation techniques like verbal <br />persuasion and other crisis intervention methods; and <br />WHEREAS, AB 392 declares and finds that individuals with physical, mental health, <br />developmental, or intellectual disabilities are significantly more likely to experience greater levels of <br />physical force during police interactions, as their disability may affect their ability to understand or <br />comply with commands from peace officers. It is estimated that individuals with disabilities are involved <br />in between one-third and one-half of all fatal encounters with law enforcement; and <br />WHEREAS, when signing AB 392 Governor Newsom stated, “This bill goes to the heart of some of <br />our most sacred principles, in which force should be exercised judiciously, with respect to human life <br />and dignity. The bottom line is that deadly force should only be used when absolutely necessary”; and <br />WHEREAS, when signing AB 392, Assembly member Weber stated, “With the Governor’s <br />signature, we are closer to a culture of policing in California that values and preserves human life. <br />Working on this policy has been a high hill to climb, but what has lifted me up is the energy and devotion <br />of the families who have lost loved ones to these shootings. Our hope all along has been to save lives <br />and finally establish trust between law enforcement and communities of color”; and <br />WHEREAS, the Justice for Steven Taylor Group and Steven Taylor’s Grandmother, Addie Kitchen, <br />have worked tirelessly seeking justice for Steven Taylor and to ensure another life is not needlessly <br />taken at the hands of the San Leandro Police Department or any other law enforcement agency; and <br />WHEREAS, subsection (a)(1) of California Penal Code Section 835a. provides, “That the authority <br />to use physical force, conferred on peace officers by this section, is a serious responsibility that shall <br />be exercised judiciously and with respect for human rights and dignity and for the SANCTITY OF <br />EVERY HUMAN LIFE. The Legislature further finds and declares that every person has a right to be <br />free from excessive use of force by officers acting under color of law”; and <br />WHEREAS, the City of San Leandro condemns the use of deadly force by a police officer unless <br />Page 2 City of San Leandro Printed on 2/11/2021 <br />294
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