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City of San Leandro Meeting Date: May 2, 2022 Staff Report Agenda Section:File Number:22-304 PUBLIC HEARINGS Agenda Number:11.b. TO:City Council FROM:Fran Robustelli City Manager BY:Luis Torres Acting Chief of Police FINANCE REVIEW:Not Applicable TITLE:Ordinance First Reading Approving And Adopting A Military Equipment Funding, Acquisition and Use Policy And Adding Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” To Title 4. “Public Welfare” Of The Municipal Code In Compliance With Assembly Bill 481 SUMMARY AND RECOMMENDATIONS The purpose of California Assembly Bill 481 is to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies. Staff recommends the City Council approve and adopt the Military Equipment Funding, Acquisition and Use Policy and adding Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” to Title 4. “Public Welfare” of the Municipal Code in compliance with California Assembly Bill 481. BACKGROUND On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy. The item must be heard during a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of military equipment. California 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. Government Code section 7070 defines the term “military equipment” to not necessarily indicate equipment that has been used by the military or purchased from the federal government. Rather, the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, less lethal projectile launchers, and flashbangs. California 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. Page 1 City of San Leandro Printed on 4/27/2022