EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: June 20, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Jeff Liu, Chief of Police
SUBJECT: FY 2022-23 Military Equipment Annual Report - Consideration of Equipment Use and Disposal
Recommendation
Adopt a resolution:
1. Accepting 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;
2. Authorizing the City Manager to dispose of two (2) 40mm launchers through destruction;
3. Finding that the annual review pursuant to Subsection (D) of Chapter 9.25.030 of the Chapter 9.25 of the East Palo Alto Municipal Code is complete and no changes to said Chapter are required;
4. Directing staff to update any related departmental policy, including Policy No. 705 (Military Equipment), to conform with any changes directed by resolution.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 3: Increase Organizational Effectiveness and Efficiency Executive Summary
In accordance with Government Code Sections 7070 through 7072, the East Palo Alto Police Department is reporting the annual use of Military Equipment seeking City Council authorization to continue use of existing Military Equipment, and request authorization to dispose of specified military equipment, in addition to finding that pursuant to annual ordinance review requirements, no changes are recommended.
Background
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the purchase of military equipment. Assembly Bill (AB) 481, codified as Government Code Sections 7070 through 7072, focused upon law enforcement’s acquisition, use, and funding of military equipment. The information presented in this report and its attachments fulfills the requirements of AB 481.
AB 481 requires each specified California law enforcement agency to obtain approval from the applicable governing body via adoption for a “military equipment” use policy by ordinance, prior to the law enforcement agency funding, acquiring, or using tools identified as “military equipment.” AB 481 also requires law enforcement agencies to produce annual reports and comply with annual approval, ordinance review, and community engagement requirements.
The Council, in 2022, adopted an ordinance codifying a use policy under East Palo Alto Municipal Code Chapter 9.25. 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.
Analysis
The East Palo Alto Police Department only possesses two (2) pieces of equipment (40mm launchers) meeting the definition of “Military Equipment,” under Government Code section 7070. The launchers, for the past 20 plus years, have been used to project sponge rounds as a less lethal option to the use of deadly force.
While evaluating the use of the 40mm launcher, the department found the equipment had not been used outside of training since 2019. Additionally, the equipment has been in service for over 20 years and has exceeded its useful life. The department has taken both 40mm launchers out of circulation and moved them into secure storage pending City Council resolution for disposal. The Department has no plans to replace the 40mm launchers.
Staff would like the Council to note aspects of the annual report. First, the inclusion of patrol rifles in the annual report is designed to enhance transparency only. Although the thirty-seven (37) patrol rifles do not fit the definition of “Military Equipment,” the Department recognizes the public perception that patrol rifles may meet this definition. Thus, the Department is including patrol rifles as part of this report for full transparency. Patrol rifles are assigned individually to sworn personnel, who are responsible for the daily maintenance of the equipment.
Second, the County Sheriff’s equipment is included given that some level of coordination, though rare, does happen with the County. Specifically, the Department works in partnership with the San Mateo County Sheriff’s SWAT Team for tactical operations. Accordingly, Department personnel assigned to SWAT may be called upon to use County Sheriff’s equipment. Because the Sheriff’s SWAT Team operates within the City of East Palo Alto in this capacity, we are including the Sheriff’s military equipment as part of our annual report.
The Military Equipment Annual Report has been posted on the East Palo Alto Police Department website for public review since May 16, 2023, and highlighted with an alert banner. Several weekly updates highlighted the existence of the Annual Report.
The department held three separate public meetings where we discussed the Annual Report.
Meeting dates were May 16, May 18, and May 31.
With the foregoing changes, staff is recommending that the Council accept this evening’s report and find that each type of Military Equipment that remains on the annual report list complies with the standards for approval set forth in Chapter 9.25 of the East Palo Alto Municipal Code. Further, staff has completed a review of Chapter 9.25, pursuant to East Palo Alto Municipal Code Section 9.25.030(D), in its entirety and recommends that the Council enact no changes.
Fiscal Impact
The proposed destruction of the two (2) 40mm launchers will occur with the budgeted, court approved, annual destruction of weapons seized as evidence. There is no fiscal impact for receiving this report.
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 proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.
Attachments
1. EPAPD Military equipment - 2023 Annual Report
2. 2023 Military Equipment SMCO SWAT
3. 2023 Military Equipment Resolution