File #: 24-080    Version: 1 Name: 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.
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 3/18/2024 Final action: 3/18/2024
Enactment date: Enactment #: Ord 2024-001
Title: First Reading of an Ordinance of the City of San Leandro City Council 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
Sponsors: Fran Robustelli
Attachments: 1. A - First Reading AB 481 Police Military Equipment, 2. B - Military Equipment Funding Acquisition and Use Policy 707, 3. C - Military Equipment Inventory 2024, 4. D - 2024 Military Equipment, Funding, Acquisition and Use Policy Presentation
Title
First Reading of an Ordinance of the City of San Leandro City Council 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

Staffreport
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 attached 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 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 an ordinance adopting a "military equipment" use policy.

Government Code section 7070 defines the term "military equipment" to not necessarily
indicate 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 Assembly Bill 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 equipme...

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