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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 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 renewed 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 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. Section 4. Ordinance. That Chapter 4-42 entitled “MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY” is renewed. Section 5. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review. Section 6. Ordinances Repealed. With the exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed. Section 7. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 8. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.