REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2042 Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
At the March 8, 2022 Council meeting, proposed Ordinance No. 2042 was introduced and passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, proposed Ordinance No. 2042 was published on March 16, 2022 and copies were posted in three public places. The Ordinance now comes to Council for final adoption.
DISCUSSION
The proposed ordinance would adopt Santa Clara Police Department Policy 706 which describes each piece of military equipment acquired by the Santa Clara Police Department and provides guidelines for the approval, acquisition, and reporting requirements of military equipment. In addition, the ordinance would permit the Santa Clara Police Department to continue its use of military equipment described in Santa Clara Police Department Policy 706. In accordance with the requirements of AB 481, the Santa Clara Police Department has held community engagement meetings at which members of the public were able to discuss and ask questions about the proposed Military Equipment Policy.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The Police Department secures approximately $175,000 in asset forfeiture funds and $500,000 in local, State and Federal grants for education programs, enforcement operations, equipment and training annually.
AB 481 requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, to a...
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