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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
<br />ORDINANCE NO.2022-006
<br />AN ORDINANCE OF THE CITY OF SAN LEANDRO CITY COUNCIL APPROVING
<br />AND ADOPTING A MILITARY EQUIPMENT FUNDING, ACQUISITION AND USE
<br />POLICY AND ADDING CHAPTER 4-42 "MILITARY EQUIPMENT FUNDING,
<br />ACQUISITION, AND USE POLICY" TO TITLE 4. "PUBLIC WELFARE" OF THE
<br />MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481
<br />WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill
<br />481 relating to the use of military equipment by California law enforcement agencies; and
<br />WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for
<br />meaningful public input on decisions regarding whether and how military equipment is funded,
<br />acquired, or used by law enforcement agencies; and
<br />WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. sect.,
<br />requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance
<br />adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws,
<br />prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term
<br />"military equipment" is defined in California Government Code section 7070 subdivision (c); and
<br />WHEREAS, the San Leandro Police Department is in possession of certain items of equipment
<br />that may qualify as "military equipment" under Assembly Bill 481; and
<br />WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using
<br />such qualifying equipment prepare a publicly released, written, military equipment use policy. The
<br />policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance,
<br />fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department's
<br />use of such equipment; and
<br />WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military
<br />equipment use policy for continued or future funding, acquisition, or use of military equipment within
<br />its jurisdiction only if it makes the determinations specified in Government Code Section 7071
<br />subdivision (d); and
<br />WHEREAS, the military equipment use policy and supporting information must, upon adoption
<br />by ordinance, thereafter be approved by the City Council by ordinance and reviewed annually; and
<br />WHEREAS, the proposed military equipment use policy, including military equipment
<br />inventory, was prepared by the San Leandro Police Department and identified as "SLPD Policy 707 —
<br />Military Equipment Funding, Acquisition and Use Policy" ("Policy 707); and
<br />WHEREAS, the San Leandro Police Department's Policy 707 was published on the San
<br />Leandro Police Department's internet website on April 1, 2022 in compliance with Government Code
<br />Section 7071 subdivision (b); and
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