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Last modified
5/10/2022 4:06:25 PM
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5/10/2022 4:06:05 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2022
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PERM
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Ord 2022-006 PP Military Equipment Funding, Acquisition and Use Policy Second Reading
(Approved by)
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\City Clerk\City Council\Ordinances\2022
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WHEREAS, the San Leandro Police Department commenced the approval process prior <br />to May 1, 2022, in accordance with Assembly Bill 481; and <br />WHEREAS, the San Leandro Police Department’s Policy was presented to City Council <br />on May 2, 2022; and <br />WHEREAS, the San Leandro Police Department’s Policy meets the requirements of <br />California Government Code Section 7070 subdivision (d); and <br />WHEREAS, the City of San Leandro City Council, having received the information <br />required under Assembly Bill 481 regarding the San Leandro Police Department’s use of <br />military equipment as defined in said law, and making the specified determinations required <br />under Government Code Section 7071 subdivision (d), deems it to be in the best interest of the <br />City to approve the San Leandro Police Department’s Military Equipment Funding, Acquisition <br />and Use Policy as set forth herein. <br />NOW THEREFORE, THE CITY OF SAN LEANDRO CITY COUNCIL ORDAINS AS <br />FOLLOWS: <br />Section 1. Recitals. The Recitals above are true and correct and when <br />applicable, incorporated herein by reference. <br />Section 2. Authority. This Ordinance is adopted pursuant to the provisions set <br />forth in Government Code Section 36937(b) and pursuant to all other applicable laws. <br />Section 3. Determinations. <br />Based on the findings above, in addition to information provided to the City Council at the <br />public meeting, the City Council determines as follows: <br />1.The San Leandro Police Department’s Military Equipment Funding, Acquisition, and Use <br />Policy is necessary because there are no reasonable alternatives that can achieve the same <br />objectives of officer and civilian safety. <br />2.The San Leandro Police Department’s Military Equipment Funding, Acquisition, and Use <br />Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. <br />3.The military equipment identified in the San Leandro Police Department’s Military <br />Equipment Funding, Acquisition, and Use Policy is reasonably cost effective compared <br />to available alternatives that can achieve the same objectives of officer and civilian <br />safety. <br />4.Prior military equipment use by the San Leandro Police Department complied with the <br />Military Equipment Funding, Acquisition, and Use Policy although it was not yet in <br />effect at the time, or if prior uses did not comply with the accompanying military <br />equipment use policy, corrective action has been taken to remedy nonconforming uses <br />and ensure future compliance.
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