City of Pleasanton
7/14/2022 1:13:45 PM
7/14/2022 1:13:36 PM
CITY CLERK - TYPE
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ORDINANCE NO. 2238 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br /> APPROVING THE PLEASANTON POLICE DEPARTMENT'S MILITARY EQUIPMENT <br /> USE POLICY <br /> WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law <br /> Assembly Bill 481 ("AB 481") to regulate the use of military equipment by law enforcement <br /> agencies; and <br /> WHEREAS, AB 481, codified at California Government Code sections 7070 through <br /> 7075, requires law enforcement agencies to obtain approval of the applicable governing body, <br /> by an ordinance adopting a "military equipment" use policy at a regular meeting held pursuant to <br /> open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of <br /> "military equipment." The term "military equipment" is defined in California Government Code <br /> Section 7070; and <br /> WHEREAS, AB 481 allows the City Council to approve the funding, acquisition, or use of <br /> military equipment, within its jurisdiction only if it makes specified determinations; and <br /> WHEREAS, the Military Equipment Use Policy is attached as Exhibit "A"; and <br /> WHEREAS, the Military Equipment Use Policy was published on Pleasanton Police <br /> Department's Internet Website on April 29th, 2022, more than 30 days before the Military Use <br /> Policy was first considered at a public hearing before the City Council on June 7, 2022; and <br /> WHEREAS, the Military Equipment Use Policy meets the requirements of California <br /> Government Code section 7070. <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES <br /> HEREBY ORDAIN AS FOLLOWS: <br /> Section 1. Recitals. The City Council finds that the above recitals are true and correct <br /> and are incorporated herein by this reference. <br /> Section 2. Findings., The City Council approves the Military Use Policy based on the <br /> following findings: <br /> A. The military equipment identified in the Military Equipment Use Policy is necessary <br /> because there is no reasonable alternative that can achieve the same objective of officer and <br /> civilian safety; and <br /> B. The Military Equipment Use Policy will safeguard the public's welfare, safety, civil <br /> rights, and civil liberties; and <br /> C. The equipment described in the Military Equipment Use Policy is reasonably cost <br /> effective compared to available alternatives that can achieve the same objective of officer and <br /> civilian safety; and <br />
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