Item 31 - Use of Military Equipment by the SAPD

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TB -.-.2022 WHEREAS, 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; and WHEREAS, the federal government allows local law enforcement agencies to obtain certain types of military equipment through a program authorized by Section 2576a of Title 10 of the United States Code, commonly known as the 1033 Program" or "LESO Program"; and WHEREAS, the Department has not participated in this program since 2020, and does not intend to participate in the future; and WHEREAS, the proposed military equipment use policy is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Military Equipment Use Policy"); and WHEREAS, the Military Equipment Use Policy was published on the Santa Ana Police Department's internet website on March 30, 2022, more than 30 days before the Military Equipment Use Policy was first considered at a public hearing before the City Council on May 3, 2022; and WHEREAS, the Military Equipment policy meets the requirements of California Government Code section 7070(d). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are hereby declared to be true and correct and represent the findings the City Council made in exercise of its independent judgment. Section 2. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Use Policy, based on the following: 1. The military equipment identified in Santa Ana Police Department Policy 707 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 2. The Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. The military equipment identified in the Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. All prior military equipment use complied with the City's policies that were in effect at the time.