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Item 11 - Ordinance Adopting Policy for Use of Military Equip. By SAPD
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05/17/2022 Special and Regular
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Item 11 - Ordinance Adopting Policy for Use of Military Equip. By SAPD
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8/23/2023 10:34:22 AM
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8/23/2023 10:34:15 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
11
Date
5/17/2022
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<br /> <br />WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the <br />funding, acquisition, or use of military equipment within its jurisdiction only if it makes <br />specified determinations; and <br /> <br />WHEREAS, the federal government allows local law enforcement agencies to <br />obtain certain types of military equipment through a program authorized by Section 2576a <br />of Title 10 of the United States Code, commonly known as the “1033 Program” or “LESO <br />Program”; and <br /> <br />WHEREAS, the Department has not participated in this program since 2020, and <br />does not intend to participate in the future; and <br /> <br />WHEREAS, the proposed military equipment use policy is attached hereto as <br />Exhibit “A” and incorporated herein by this reference (the “Military Equipment Use <br />Policy”); and <br /> <br />WHEREAS, the Military Equipment Use Policy was published on the Santa Ana <br />Police Department’s internet website on March 30, 2022, more than 30 days before the <br />Military Equipment Use Policy was first considered at a public hearing before the City <br />Council on May 3, 2022; and <br /> <br />WHEREAS, the Military Equipment policy meets the requirements of California <br />Government Code section 7070(d). <br /> <br />NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />ORDAIN AS FOLLOWS: <br /> <br />Section 1. The above recitals are hereby declared to be true and correct and represent <br />the findings the City Council made in exercise of its independent judgment. <br /> <br />Section 2. Based on the findings above, in addition to information provided to the City <br />Council at the public meeting, the City Council approves and adopts the Military <br />Equipment Use Policy, based on the following: <br /> <br />1. The military equipment identified in Santa Ana Police Department Policy 707 is <br />necessary, because there are no reasonable alternatives that can achieve the <br />same objectives of officer and civilian safety. <br />2. The Military Equipment Use Policy will safeguard the public’s welfare, safety, <br />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 achieve <br />the same objective of officer and civilian safety. <br />4. All prior military equipment use complied with the City’s policies that were in <br />effect at the time.
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