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Section 3. Section 2-809 of Article VII.II (Purchasing Rules and Regulations) of <br />Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read <br />in its entirety as follow: <br />Sec. 2-809 — Military Equipment Policy <br />(a) The City Council for the City of Santa Ana has made the following <br />determinations: <br />(1) The military equipment identified in Santa Ana Police Department Policy <br />707 is necessary, because there are no reasonable alternatives that can <br />achieve the same objectives of officer and civilian safety. <br />(2) The Military Equipment Use Policy will safeguard the public's welfare, <br />safety, civil rights, and civil liberties. <br />(3) The military equipment identified in the Military Equipment Use Policy is <br />reasonably cost effective compared to available alternatives that can <br />achieve the same objective of officer and civilian safety. <br />(4) All prior military equipment use complied with the City's policies that were <br />in effect at the time. <br />(b) The Santa Ana Police Department shall submit an annual military equipment <br />report to the City Council, containing the information required in Government <br />Code Section 7072, and the City Council shall determine whether each type of <br />military equipment identified in that report has complied with the standards for <br />approval set forth in (a)(1)-(4) above. <br />(c) The City Council approves the use of the Santa Ana Police Department Policy <br />707, and finds that it satisfies the requirements of Government Code Section <br />7070. <br />Section 4. The City Council finds and determines that this Ordinance is not a <br />project within the meaning of Section 15378 of the California Environmental Quality Act <br />(CEQA) Guidelines because it has no potential to result in physical change in the <br />environment, directly or indirectly. This Ordinance is exempt under CEQA Guideline <br />15061(b)(3) because it can be seen with certainty that there is no possibility that the <br />Ordinance may have a significant effect on the environment. <br />Section 5. If any section, subsection, subdivision, paragraph, sentence, clause, <br />or phrase of this Ordinance or any part thereof is for any reason held to be <br />unconstitutional, such decision shall not affect the validity of the remaining portion of this <br />Ordinance or any part thereof. The City Council hereby declares that it would have <br />passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase <br />thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, <br />paragraphs, sentences, clauses, or phrases be declared unconstitutional. <br />