Ordinance 2023-004
1 IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
ORDINANCE NO. 2023-
AN ORDINANCE APPROVING AND RENEWING A MILITARY EQUIPMENT, FUNDING, ACQUISITION AND USE POLICY AS STATED IN SAN LEANDRO MUNICIPAL CODE CHAPTER 4-42 IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 rela�ng to the use of military equipment by California law enforcement agencies; and WHEREAS, on May 16, 2022, the City Council adopted Ordinance 2022-006 Military Equipment Funding, Acquisi�on and Use Policy And Adding Chapter 4-42 “Military Equipment Funding, Acquisi�on and Use Policy” To Title 4. “Public Welfare” Of The Municipal Code In Compliance With Assembly Bill 481.; and WHEREAS, the Military Equipment Funding, Acquisi�on and Use Policy and Government Code sec�on 7072 requires the City to publish annually a report for the prior year which includes: (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 informa�on about viola�ons of the military equipment use policy, and any ac�ons taken in response; (4) the total annual cost for each type of military equipment, including acquisi�on, personnel, training, transporta�on, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report; (5) the quan�ty possessed for each type of military equipment; and (6) if the Police Department intends to acquire addi�onal military equipment in the next year, the quan�ty sought for each type of military equipment; and WHEREAS, the Military Equipment Funding, Acquisi�on and Use Policy and Government Code sec�on 7072 also require that within 30 days of submi�ng and publicly releasing the annual military equipment report, the Police Department shall hold at least one well-publicized and conveniently located community engagement mee�ng, at which �me the general public may discuss and ask ques�ons regarding the annual military equipment report and the Police Department's funding, acquisi�on, or use of military equipment; and WHEREAS, the San Leandro Police Department’s Policy 707 - the Military Equipment Funding, Acquisi�on and Use Policy was published on the San Leandro Police Department’s internet website on May 1, 2023; and
WHEREAS, on May 15, 2023, the San Leandro Police Department will submit the proposed Military Equipment Funding, Acquisi�on and Use Policy Annual Report to the City Council for considera�on and give the public the opportunity to discuss and ask ques�ons regarding the Annual Report on the Military Equipment Funding, Acquisi�on and Use Policy; and
WHEREAS, the San Leandro Police Department commenced the approval process prior to May 16, 2023, in accordance with Assembly Bill 481; and
WHEREAS, the San Leandro Police Department’s proposed Military Equipment Funding, Acquisi�on and Use Policy and Annual Report was presented to City Council on May 15, 2023; and Ordinance 2023-004
2 WHEREAS, the San Leandro Police Department’s Policy meets the requirements of California Government Code Sec�on 7070 subdivision (d); and
WHEREAS, the City of San Leandro City Council, having received the informa�on 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 determina�ons required under Government Code Sec�on 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, Acquisi�on and Use Policy as set forth herein.
NOW THEREFORE, THE CITY OF SAN LEANDRO CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Sec�on 1. Recitals. The Recitals above are true and correct and when applicable, incorporated herein by reference.
Sec�on 2. Authority. This Ordinance is renewed pursuant to the provisions set forth in Government Code Sec�on 36937(b) and pursuant to all other applicable laws.
Sec�on 3. Determina�ons.
Based on the findings above, in addi�on to informa�on provided to the City Council at the public mee�ng, the City Council determines as follows:
1. The San Leandro Police Department’s Military Equipment Funding, Acquisi�on, and Use Policy is necessary because there are no reasonable alterna�ves that can achieve the same objec�ves of officer and civilian safety.
2. The San Leandro Police Department’s Military Equipment Funding, Acquisi�on, and Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liber�es.
3. The military equipment iden�fied in the San Leandro Police Department’s Military Equipment Funding, Acquisi�on, and Use Policy is reasonably cost effec�ve compared to available alterna�ves that can achieve the same objec�ves of officer and civilian safety.
4. Prior military equipment use by the San Leandro Police Department complied with the Military Equipment Funding, Acquisi�on, and Use Policy
5. The San Leandro Police Department’s Military Equipment Funding, Acquisi�on, and Use Policy, Policy 707, se�ng forth the City’s military equipment use policy is approved and adopted.
Sec�on 4. Ordinance. That Chapter 4-42 en�tled “MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY” is renewed.
Sec�on 5. Environmental. The passage of this ordinance is not a project according to the defini�on in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.
Ordinance 2023-004
3 Sec�on 6. Ordinances Repealed. With the excep�on 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.
Sec�on 7. Severability. If any sec�on, subsec�on, sentence, clause or phrase of this ordinance is for any reason held to be invalid or uncons�tu�onal by a decision of any court of competent jurisdic�on, such decision will not affect the validity of the remaining por�ons of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sec�on, subsec�on, sentence, clause, or phrase not declared invalid or uncons�tu�onal without regard to whether any por�on of the ordinance would be subsequently declared invalid or uncons�tu�onal.
Sec�on 8. Effec�ve Date and Dura�on. This ordinance shall take effect thirty (30) days a�er its final adop�on.
Sec�on 9. Publica�on. The City Clerk is directed to cause this ordinance to be published in a manner required by law.
Introduced at a first reading by Councilmember ____________ and passed to print on the 15th day of May 2023 by the following called vote:
AYES: ()
NOES: ()
ABSENT: ()
ATTEST:
Kelly B. Clancy, City Clerk