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City of San Leandro City Council Meeting Date: May 15, 2023 Agenda Number: 13.b. Agenda Section: ACTION ITEMS File Number: 23-212 File Type: Ordinance First Reading of an Ordinance to Approve and Renew a Military Equipment, Funding, Acquisition and Use Policy as Stated in San Leandro Municipal Code Chapter 4-42 in Compliance with Assembly Bill 481 SUMMARY AND RECOMMENDATIONS The purpose of California Assembly Bill 481 is to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies. Staff recommends the City Council approve and adopt the Military Equipment Funding, Acquisition and Use Policy and renew Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” in compliance with California Assembly Bill 481. BACKGROUND On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law required law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by authorizing an ordinance adopting a “military equipment” use policy. The definition of Government Code section 7070 does not necessarily constrain the definition of the term “military equipment” solely to equipment that has been used by the military or purchased from the federal government. Rather, the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, less lethal projectile launchers, and flashbangs. California AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The law also requires law enforcement agencies that received approval for a military equipment use policy pursuant to Section 7071 to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency must make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1)A summary of how the military equipment was used and the purpose of its use. (2)A summary of any complaints or concerns received concerning the military equipment. (3)The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. Page 1 City of San Leandro Printed on 5/10/2023