IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
ORDINANCE NO. 2024-001
AN ORDINANCE APPROVING AND RENEWING A MILITARY EQUIPMENT, FUNDING, ACQUISITION AND USE POLICY AS STATED IN CODE CHAPTER 4-42 IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, on May 16, 2022, the City Council adopted Ordinance No. 2022-006 (Military Equipment Funding, Acquisition and Use Policy and Adding Chapter 4-42 “Military Equipment Funding, Acquisition and Use Policy” to Title 4. “Public Welfare” of the Municipal Code in Compliance with Assembly Bill 481); and WHEREAS, on June 5, 2023, the City Council approved and renewed the Military Equipment Funding, Acquisition and Use Policy by adopting Ordinance No. 2023-004; and
WHEREAS, the Military Equipment Funding, Acquisition and Use Policy and Government Code section 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 information about violations of the military equipment use policy, and any actions taken in response; (4) the total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, 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 quantity possessed for each type of military equipment; and (6) if the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and
WHEREAS, the Military Equipment Funding, Acquisition and Use Policy and Government Code section 7072 also require that within 30 days of submitting and publicly releasing the annual military equipment report, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which time the general public may discuss and ask questions regarding the annual military equipment report and the Police Department's funding, acquisition, or use of military equipment; and WHEREAS, the community engagement meeting was held on February 21, 2024; and WHEREAS, the San Leandro Police Department’s Policy 707 (Military Equipment Funding, Acquisition and Use Policy) was published on the San Leandro Police Department’s internet website on May 1, 2023; and WHEREAS, on March 18, 2024, the San Leandro Police Department submitted the proposed Military Equipment Funding, Acquisition and Use Policy Annual Report to the City Council for consideration and gave the public the opportunity to discuss and ask questions regarding the Annual Report on the Military Equipment Funding, Acquisition and Use Policy; and
WHEREAS, the San Leandro Police Department commenced the approval process prior to March 18, 2024, in accordance with Assembly Bill 481; and
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WHEREAS, the San Leandro Police Department’s proposed Military Equipment Funding, Acquisition and Use Policy and Annual Report was presented to the City Council on March 18, 2024; 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 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 (attached as Exhibit A) 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.
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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.
Section 9. Publication. 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 Bowen on the 18th day of March 2024, and passed to print by the following vote:
AYES: Councilmembers Aguilar, Azevedo, Bowen, Simon, Viveros-Walton, and Mayor González (7) NOES: None (0)
ABSENT: None (0)
Passed and adopted on the 8th day of April 2024 after publication on December 8, 2023, by the following vote:
AYES: Councilmembers ()
NOES: Councilmember ()
ABSENT: Councilmember ()
ATTEST: ______________________________
Kelly B. Clancy, CMC
City Clerk
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