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City Council and Authorities Concurrent
May 23, 2023

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POST MEETING MATERIAL
Meeting
May 23, 2023
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City Council and Authorities Concurrent
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#5
5/23/23
Annual Military
Equipment Report, and
Adoption of a Resolution
SITA CARACADA Making Required
Findings and Renewing
CITY OF Santa Clara City Code
Section 2.80.080,
1852 Allowing for the
THE MISSION CIN Continued Use of the
Military Equipment
Item # 5; RTC 23-249
May 23, 2023
City of
Santa Clara
The Center of What's Possible
AB 481 History
• September 30, 2021 - Gov. Newsom signed 8 police reform bills, including Assembly Bill 481: Military Equipment Funding, Acquisition and Use
- Increase transparency, accountability, oversight for acquisition and use of equipment - Provide safeguards to protect public's welfare, safety, civil rights and liberties 2 POST MEETING MATERIAL
1 City of
Santa Clara
The Center of What's Possible
AB 481 Requirements
• Post a draft Policy and Department equipment inventory online 30-days prior to a Public meeting • Create a convenient, well-publicized public forum for community input • Seek Governing Body approval of a Policy and Ordinance • Prepare an Annual Report to include:
- how equipment is being used
- maintenance and use costs
- internal audits
- community feedback on use
Seek approval for funding to acquire new "military" equipment 3 City of
Santa Clara
The Center of What's Possible
SCPD's Equipment Inventory
Equipment Items) Funding Source for Prior In Use by
Category Acquisition Council SCPD Since
Approval
1 Robot and Unmanned Aircraft Federal grant Yes 2005
3 Armored Rescue Vehicle Federal grant Yes 2010
5 Crisis Negotiation van, SWAT van Grant, General Fund and City's Yes 2002 Crime Scene Investigation var disposal/reuse program
Breaching equipment Grant, Asset Forfeiture and Yes 2007 General Fund
10 Rifles, bullets Grant, Asset Forfeiture and Yes 1975 General Fund
12 Joise flash diversionary devic Grant, Asset Forfeiture and Yes 2000 ear gas and pepperba General Fund
14 40mm less lethal platform, Grant, Asset Forfeiture and Yes 1999 sponge round General Fund
4 2
City of
Santa Clara
The Center of What's Possible
Equipment Acquired During Reporting Period
• Category 1
- Unmanned Aircraft Systems
• 1, Matrice 30T/DJI
• 4, Loki MK2/Sky Hero
• 4, Mavic 2 Enterprise Advanced/DJI
• Category 7
- Breaching equipment
• 2 rolls of 50 grain detonation cord (nonel starters included with purchase) • Categories 10, 12 and 14
- Specialized firearms
• - 3xColt AR-15/M4 rifles
- Ammunition
5 City of
Santa Clara
the Centero whits Possiole
Evaluation of Use
• There have been zero (o) reported violations of the military equipment use policy from March 8, 2022, through December 31, 2022
• In addition, there have been no reports of concern from members of our community regarding a specific incident where the equipment was in use 6 3
City of
Santa Clara
The Center of What's Possible
Recommendation
• Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section

2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481 City of
Santa Clara
The Center of What's Possible

SANTA CLARA
EST. 1852
POLICE
8 City of
Santa Clara
The Center of What's Possible
Findings to Support Renewal of the
Ordinance
• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; • The military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties;
• The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, • Prior military equipment use complied with the military equipment use policy that was in ffect at the time, or if prior uses did not comply with the accompanying military equipment ıse policy, corrective action has been taken to remedy nonconforming uses and ensure futur compliance.
9 5

POST MEETING MATERIAL
Marisa Welling
From: Mayor and Council
Sent: Tuesday, May 9, 2023 8:18 AM
To: Marisa Welling
Subject: FW: Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy Hello Marisa,
Would you like this processed as agenda related commentary? Or did they submit thru ecomment? Thanks! From: [email protected] <[email protected]>
Sent: Monday, May 8, 2023 1:29 PM
To: Mayor and Council <[email protected]> Cc: [email protected]
Subject: Re: Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy Dear Mayor & City Council,
I'll e-comment and probably e-attend the meeting, but frankly, I'm appalled that we are currently acquiring military equipment for use by our taxpayer-funded police department to use against us taxpayers. How and when did that slip by, particularly in the wake of the George Floyd murder and all the other police murders all across the country? I am completely OPPOSED to its continuation.

If the police have so much extra money, perhaps they could use it to hire more unarmed civil servants to take care of all the situations that do not require the need of a threatening & armed presence (e.g. mental health episodes, homeless folks, domestic disputes not involving the use of a firearm, traffic stops, etc.). Or, perhaps they could provide helmets & lights to child cyclists whose parents cannot afford to buy them. Or, perhaps they could go back to two crossing guards per intersection, instead of just the one currently funded. They could even give this extra money back to the cash-strapped city instead of purchasing military equipment.

And, by the way, the link below, the bit.ly one or https://www.santaclaraca.gov/our-city/departments- g-z/police-department/community/assembly-bill-481-military-equipment-use-policy, doesn't work. The page is "not found".

Sincerely, Diane Harrison 3283 Benton St. Santa Clara, CA 95051 (land of the Ohlone and Muwekma Ohlone people) 408-246-8149 [email protected] On Monday, May 8, 2023 at 01:01:43 PM PDT, City of Santa Clara < [email protected]> wrote:
1 ATTA CLARA CA
City of
1852 Santa Clara

THE NEESHOW GID
The Center of What's Possible
Stay Connecte
Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy Notice of Community Meeting and City Council Consideration of Re-Authorization Post Date: 05/08/2023 1:00 PM
Notice of community meeting and Council consideration of re-authorization.

On May 23, 2023, the City of Santa Clara and the Santa Clara Police Department (SCPD) will hold a convenient and well- publicized meeting to allow for community engagement regarding the AB 481 Annual Report and Policy, in conjunction with be presenting a Report to City Council regarding the 2022 Annual Report required by Assembly Bill 481. The report will include a recommendation to approve the annual report as well as the continued use of the military equipment funding, acquisition and use policy (Policy #706) pursuant to Assembly Bill 481.

The draft 2022 Annual Report, Policy #706 with SCPD's equipment inventory, and link to the concern and complaint process on this topic are available at https://bit.ly/3JS5Bnj The City Council agenda and support material will be available online the Friday before the Tuesday meeting. Resident participation in this public meeting is encouraged, and can take place in any of the following ways:

View on Comcast cable channel 15 or AT&T channel 99
• View on the City's website
: View on the City s Youtube channel
View on the City's Facebook page
• Speak during the Public Comment section connected with Report to Council #23-249 • Submit an eComment online connected with Report to Council #23-249 Click here for more information
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