Item 11 - Ordinance Adopting Policy for Use of Military Equip. By SAPD

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Section 3. Section 2-809 of Article VII.II (Purchasing Rules and Regulations) of Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follow: Sec. 2-809 – Military Equipment Policy (a) The City Council for the City of Santa Ana has made the fo llowing determinations: (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. (b) The Santa Ana Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards f or approval set forth in (a)(1)-(4) above. (c) The City Council approves the use of the Santa Ana Police Department Policy 707, and finds that it satisfies the requirements of Govern ment Code Section 7070. Section 4. The City Council finds and determines that this Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.