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5.The San Leandro Police Department’s Military Equipment Funding, Acquisition, and Use <br />Policy, Policy 707, setting forth the City’s military equipment use policy is approved and <br />adopted. <br />Section 3. Ordinance. That a new Chapter 4-42 entitled “MILITARY <br />EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY” is added to Title 4. <br />“PUBLIC WELFARE” of the City of San Leandro Municipal Code to read as follows: <br />“Chapter 4-42 MILITARY EQUIPMENT FUNDING, ACQUISITION AND <br />USE POLICY <br />(a)Pursuant to Government Code Section 7071 (d), the City Council has made the <br />following determinations: <br />(1) The military equipment inventoried and presented to the City Council <br />is necessary because there is no reasonable alternative that can achieve the <br />same objective of officer and civilian safety; <br />(2) The proposed military equipment use policy (“Policy”) will safeguard <br />the public’s welfare, safety, civil rights, and civil liberties; <br />(3) The equipment is reasonably cost effective compared to available <br />alternatives that can achieve the same objective of officer and civilian <br />safety (if any); and <br />(4) Prior military equipment use complied with the applicable equipment <br />use policy (which included equipment now defined as military equipment) <br />that was in effect at the time, or if prior uses did not comply with the <br />accompanying military equipment use policy, corrective action has been <br />taken to remedy nonconforming uses and ensure future compliance. <br />(b) The Police Department has submitted a proposed Policy to the City Council <br />identified as “SLPD Policy 707 – Military Equipment Funding, Acquisition, and Use <br />Policy” and has made those documents available on the Police Department’s website for <br />at least 30 days prior to the public hearing at the regular City Council meeting where this <br />item concerning the military equipment at issue was considered by the City Council. <br />(c) The Policy was considered by the City Council as an agenda item in an open <br />session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at <br />which public comment was permitted. <br />(d) The Policy shall be made publicly available on the Police Department’s <br />website for as long as the military equipment is available for use. <br />(e) The Police Department shall submit an annual military equipment report to the <br />City Council, containing the information required in Government Code Section 7072, and