EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Jeff Liu, Interim Chief of Police
SUBJECT: Military Equipment Ordinance and Policy - Second Reading Recommendation
It is recommended that the City Council waive second reading and adopt an ordinance (new East Palo Alto Municipal Code Chapter 9.25) regarding Police Department acquisition and use of military equipment, and approve a military equipment use policy Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 2: Increase Organizational Effectiveness and Efficiency Background
· The East Palo Alto Police Department is not seeking approval to acquire any new military equipment. The introduction of the Military Equipment Use Ordinance and Military Equipment Use Policy is to comply with AB 481, which establishes policies to regulate our use and reporting of Military Equipment usage while establishes procedures for any future proposed acquisition of Military Equipment. · CA Assembly Bill 481 (AB 481)
o Requires governing body approval prior to taking certain actions regarding the funding, acquisition, or use of “military equipment” as defined § Accomplished through adoption of a Military Equipment Use Policy, by ordinance
o Requires renewal of authorization annually
§ Based upon Annual Military Equipment Report
· CA Government Code Sections 7070/7071/7072
o Codify requirements of AB 481
o Define “Military Equipment” and other terms
o Establish requirement for a City Ordinance
o Establish requirements of a “Military Equipment Use Policy” o Establish Annual Military Equipment Report requirement o Establish public outreach/transparency requirements
· Ordinance 9.25 is introduced to comply with state law and establish procedures for the annual reporting for use of the military equipment by the East Palo Alto Police Department. The ordinance further establishes procedures for any future acquisition of military equipment as defined in AB 481.
Analysis
9.25.010 Title
Staff proposes an ordinance name that is consistent with the verbiage of AB 481 and the applicable California Government Codes
9.25.020 Definitions
Where applicable Staff proposes use of the definitions that are provided in California Government Code Section 7070. This is especially important as it applies to the definition of “Military Equipment” and the definition of “Military Equipment Use Policy”.
9.25.030 Required Military Equipment Use Policy
This Section establishes the requirement that the Police Department obtain City Council approval of a Military Equipment Use Policy, prior to engaging in certain activities pertaining to Military Equipment, in accordance with California Government Code Section 7071. This Section further establishes the requirement that the Police Department commence a process of securing City Council approval of the continued use of Military Equipment acquired prior to January 1, 2022, no later than May 1, 2022. Wherever applicable, Staff has recommended language taken directly from California Government Code Section 7071 for this Chapter, in an effort to ensure compliance with the law.
9.25.040 Use In Exigent Circumstances
Given the inherently unpredictable nature of providing for public safety, it is critically important that the Police Department maintain the ability to acquire and utilize equipment that could prove essential to emergency operations, even if that equipment has not previously been included in the approved Military Equipment Use Policy. In exigent circumstances, it is not feasible to convene City Council meetings to seek advance approval for the use of equipment that is needed to carry out critical operations. Staff recommends inclusion of this Section to establish the parameters for use of Military Equipment that is not included in the approved Military Equipment Use Policy, in such exigent circumstances.
Staff has recommended a relatively restrictive definition of exigent circumstances to ensure that this section is used only sparingly to facilitate the acquisition and/or use of Military Equipment that is not in the approved Military Equipment Use Policy. Exigent Circumstances is defined as, “…a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.”
Staff also recommends language in this Section that requires the Police Department to formally notify the City Council within thirty (30) days of acquiring and/or using Military Equipment pursuant to this Section, as well as to include any such occurrence in the Annual Military Equipment Report.
9.25.050 Reports on the Use of Controlled Equipment
This Section establishes the requirement that the Police Department provide the City Council with an Annual Military Equipment Report, and that this report be made publicly available on the Police Department’s public website. This Section also stipulates what information must be included in the Annual Military Equipment Report and establishes the requirement that the Police Department hold at least one well-publicized community engagement meeting to provide the public with the opportunity to discuss its contents. All of this is required pursuant to California Government Code Section 7072.
Where applicable, Staff has recommended language for this Section that is taken directly from California Government Code Section 7072, in an effort to ensure compliance with the law.
Fiscal Impact
None
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin outside City Hall and making the agenda and report available at the City’s website and the San Mateo County Library at 2415 University Avenue.
Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.
Attachments
1. Military_Equipment Policy 705
2. Military Equipment Use Ordinance - DRAFT JL1 with VJA edits
3. Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_