Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
MILITARY EQUIPMENT ANNUAL REPORT, REQUEST TO DISPOSE OF 40MM LAUNCHERS,
AND REQUEST FOR CITY COUNCIL AUTHORIZATION TO CONTINUE THE USE OF
MILITARY EQUIPMENT
WHEREAS, in 2022 Assembly Bill 481 was enacted which requires specified California law enforcement agencies to prepare annual reports to their governing bodies and comply with annual approval, ordinance review, and community engagement requirements; and WHEREAS, in 2022 the East Palo Alto City Council adopted an ordinance, codified at East Palo Alto Municipal Code Chapter 9.25, consisting of a use policy for military equipment; and WHEREAS, the ordinance further establishes procedures for any future acquisition of military equipment as defined in AB 481, in addition to ensuring transparency and public engagement; and WHEREAS, the Police Department has reviewed the ordinance pursuant to Subsection (D) of Section 9.25.030 of Chapter 9.25 of the East Palo Alto Municipal Code and has determined that no changes are recommended; and
WHEREAS, the Police Department evaluated the effectiveness of the 40mm launchers and found them beyond their useful life; and
WHEREAS, the Police Department did not use any military equipment outside a training environment during this reporting period; and
WHEREAS, the Police Department satisfied all legal requirements pertaining to the use of military equipment.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1. Finds the foregoing recitals are true and correct and are incorporated by reference into this action;
2. Accepts the annual Military Equipment report, and based thereon, finding that each type of Military Equipment that remains complies with the standards for approval set forth in Chapter 9.25 of the East Palo Alto Municipal Code through May 30, 2024, except as provided for herein;
3. Authorizes the City Manager to dispose of two (2) 40mm launchers through destruction;
4. Finds that the annual review pursuant to Subsection (D) of Section 9.25.030 of Chapter
9.25 of the East Palo Alto Municipal Code is complete and no changes to said Chapter are required; and
5. Directs staff to update any related departmental policy, including Policy No. 705 (Military Equipment), to conform with any changes directed by resolution.
Resolution No. XX-2023 2 of 2
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PASSED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney