Ord 2022-006 PP Military Equipment Funding, Acquisition and Use Policy Second Reading

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WHEREAS, the San Leandro Police Department commenced the approval process prior to May 1, 2022, in accordance with Assembly Bill 481; and WHEREAS, the San Leandro Police Department's Policy was presented to City Council on May 2, 2022; and WHEREAS, the San Leandro Police Department's Policy meets the requirements of California Government Code Section 7070 subdivision (d); and WHEREAS, the City of San Leandro City Council, having received the information required under Assembly Bill 481 regarding the San Leandro Police Department's use of military equipment as defined in said law, and making the specified determinations required under Government Code Section 7071 subdivision (d), deems it to be in the best interest of the City to approve the San Leandro Police Department's Military Equipment Funding, Acquisition and Use Policy as set forth herein. NOW, THEREFORE, the City of San Leandro City Council hereby ORDAINS as follows: Section 1. Recitals. The Recitals above are true and correct and when applicable, incorporated herein by reference. Section 2. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government Code Section 36937(b) and pursuant to all other applicable laws. Section 3. Determinations. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows: 1. The San Leandro Police Department's Military Equipment Funding, Acquisition, and Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 2. The San Leandro Police Department's Military Equipment Funding, Acquisition, and Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. The military equipment identified in the San Leandro Police Department's Military Equipment Funding, Acquisition, and Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety. 4. Prior military equipment use by the San Leandro Police Department complied with the Military Equipment Funding, Acquisition, and Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. 5. The San Leandro Police Department's Military Equipment Funding, Acquisition, and Use Policy, Policy 707, setting forth the City's military equipment use policy is approved and adopted. ORDINANCE NO. 2022-006 2