HomeMy WebLinkAboutStaff Report 2310-21034.Adoption of an Ordinance Renewing the Police Department's Military Equipment Use
Policy Under AB 481; CEQA status – not a project.
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: November 13, 2023
Report #:2310-2103
TITLE
Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy
Under AB 481; CEQA status – not a project.
RECOMMENDATION
Staff recommends that the City Council adopt an ordinance renewing and restating Ordinance
No. 5562 (Attachment A), approving the updated Palo Alto Police Department Military
Equipment Use Policy; and determining that, based on the PAPD 2023 AB 481 Annual Report
(Attachment B), each type of military equipment has been used in compliance with Ordinance
No. 5562.
BACKGROUND
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin
Newsom in September 2021.1 It went into effect on January 1, 2022. AB 481 is designed to
increase community awareness and oversight over the possession and use by local police
departments of certain types of equipment that AB 481 labels as “military” equipment. It requires
the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law
enforcement agencies to produce a military equipment use policy that identifies and describes:
each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of
such equipment; training required; and mechanisms to ensure compliance with the policy. (See
Gov. Code section 7070(d)). On September 27, 2022, in accordance with AB 481, the Palo Alto
City Council adopted Ordinance No. 5562, approving Palo Alto Police Department Policy 716:
Military Equipment.2
1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481
2 City Council 9/27/22, https://www.cityofpaloalto.org/files/assets/public/v/1/police-department/public-
information-portal/ab481-staff-report-and-ordinance-9-27-2022.pdf
Additionally, AB 481 requires an annual report, community engagement meeting, and annual
review by the governing body for continued use of the equipment. The Department’s 2023 AB
481 Annual Report describes its use of qualifying equipment over the past year, current
inventory, related costs, and plans to replace certain pieces of equipment with safer and more
cost-effective alternatives in the coming year.
Military Equipment Defined
AB 481 defines the term “military equipment” to include many pieces of equipment that are
designed exclusively for, and commonly used by, local law enforcement agencies throughout the
United States. While the Palo Alto Police Department possesses some equipment as defined by
AB 481, the types of equipment possessed by the Palo Alto Police Department have been
possessed for years (in some cases decades) and are all designed specifically for a law
enforcement (not military) application.
Under AB 481, military equipment is defined as: drones and robots; command and control
vehicles; military-grade vehicles for breaching (Mine Resistant Ambush Protected vehicles
(MRAP) and Humvees); vehicles propelled by tracks; weaponized aircraft, vessels, or vehicles;
explosive rams, slugs, or breaching devices; any .50 caliber or larger weapon or ammunition; any
firearm or firearm accessory that is designed to launch explosive projectiles; “flashbang”
grenades and explosive breaching tools, “tear gas,” and “pepperballs”; Taser Shockwave,
microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD); 40mm
projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons;
any other equipment as determined by a governing body or a state agency to require additional
oversight. (See Gov. Code section 7070(c)).
DISCUSSION
Staff recommends that the City Council adopt the attached ordinance to renew City Ordinance
5562 to ensure that the Palo Alto Police Department will continue to have access to each of its
existing pieces of qualifying equipment, and to approve the updated corresponding policies and
procedures applicable to maintenance and use of the equipment.
Qualifying Military Equipment Owned by Palo Alto Police Department
For each type of qualifying equipment possessed by the Palo Alto Police Department, the
possession and use of that equipment is governed by applicable Department policy, various
statutes, and state and federal case law, in addition to AB 481. Personnel of the Palo Alto Police
Department meet or exceed all California Peace Officer Standards & Training (POST) training
requirements that apply to the qualifying equipment. The Department does not possess any
equipment that is atypical for the region. Palo Alto possesses fewer types of this equipment than
many other Bay Area agencies.
Many of the pieces of qualifying equipment possessed by the Palo Alto Police Department are
specifically designed for the safe resolution of critical incidents, as opposed to everyday routine
patrol deployment; as such, some are used exclusively by members of the specially-trained PAPD
Crisis Response Unit (which includes the Special Weapons & Tactics (SWAT) Team and the Crisis
Negotiation Team), who receive additional specialized training in the use of the equipment. The
proposed policy outlines all qualifying equipment possessed by the Department in Section “G”
on page 4 of the policy.
Several pieces of qualifying equipment are designed to support community safety and criminal
apprehension by:
•Alternatives to the use of deadly force, such as less-lethal munitions and chemical agents
available to properly certified and/or trained sworn officers to provide less-lethal force
options to safely effectuate arrests of criminal suspects in limited situations.
•Means of de-escalation, such as the long-range acoustic device intended to send
messages to facilitate communications with subjects from a safe distance.
•Means of gathering information without jeopardizing the safety of officers, bystanders,
and criminal suspects, such as an unmanned aerial vehicle or robot, neither of which are
possessed by the Palo Alto Police Department but that may be used by a partner law
enforcement agency to safely resolve a critical incident during a mutual aid event.
•Command and control vehicle (the Mobile Emergency Operations Center, or MEOC)
which serves as a mobile command post at critical incidents, disasters, or special events,
as well as a backup 9–1–1 dispatch center in the event the City’s main dispatch center is
compromised or unavailable. The MEOC is most typically operated by the City’s Office of
Emergency Services.
•Diversionary devices, used exclusively by members of the Department’s SWAT team who
have received specialized additional training; the equipment creates an auditory and
visual diversion to facilitate the operation of tactical teams during a critical public safety
incident.
•One sniper rifle with associated ammunition, used exclusively by members of the
Department’s SWAT team who have received specialized additional training. While not
covered by AB 481, all properly trained patrol officers carry standard-issue AR-15 patrol
rifles that are carried locked in patrol vehicles. In both cases, rifles allow sworn officers to
address threats with greater precision at a greater distance.
Annual Reporting Requirements
As required by AB 481, City Ordinance 5562, and PAPD Policy 716, PAPD must prepare an annual
report on the use of each type of military equipment approved in the Policy over the last year.
Subsequently, the City Council must review the Ordinance, Policy, and AB 481 Annual Report and
determine whether PAPD's use of the defined military equipment in the past year complied with
the Policy and whether to renew the Ordinance.
AB 481 requires that the Department produce an annual report containing the following
elements:
1. Summary of how each type of equipment was used and the purpose of that use;
2. Quantity possessed of each type of equipment;
3. Annual costs for each type of equipment;
4. Summary of complaints or concerns received for each type of equipment;
5. Information disclosing violations of military equipment policies and actions taken in
response, as well as the result of internal audits; and
6. Plans to acquire additional military equipment in the coming year, and the quantity
sought.
The table contained in the attached PAPD 2023 AB 481 Annual Report provides this information.
The reporting period for this report is from the adoption of the use policy ordinance on
September 27, 2022 to June 30, 2023 (the end of Fiscal Year 2023). Future reports will align with
the City’s fiscal year to aid in reporting costs and planned purchases.
1. Use of Qualifying Equipment
During the reporting period, the Department’s qualifying equipment has been used minimally,
largely related to training and certification. In fact, the only piece of equipment to be used in an
operational setting (once) was the Mobile Emergency Operations Center, which was deployed in
support of a presidential visit in June 2023. It should be noted that, as these types of equipment
are specialized in nature, regular training is critical to maintaining proficiency and readiness in
the event of a critical incident.
2. Quantity Possessed
The Department’s inventory of qualifying equipment was reduced only as a result of use for
training and certification purposes. The Department plans to replenish its inventory only as
necessary to maintain an adequate supply for training and potential operational use over the
next year.
3. Annual Costs
The only related costs during the reporting period (approximately $13,000) were attributable to
the maintenance and upkeep of the Mobile Emergency Operations Center.
4. Summary of Complaints
The Department did not receive any complaints or concerns related to the use of qualifying
equipment.
5. Violations of Policy
The Department did not identify any violations of PAPD Policy 716, Military Equipment.
6. Plans to Acquire Additional Qualifying Equipment
The Department does not plan to acquire any new types of qualifying equipment. For those types
of equipment where a portion of the Department’s inventory was used for training purposes, the
Department plans to replenish its inventory accordingly to maintain an adequate supply for
training and potential operational use over the next year, at a total cost not expected to exceed
$4,000. Additionally, the Department plans to retire three pieces of equipment, replacing each
with a newer alternative that is safer and more cost-effective. This is expected to come at a total
cost not to exceed $1,400. The City's updated Military Equipment Use Policy reflects this new
equipment. In the coming year, the Mobile Emergency Operations Center is expected to require
maintenance and equipment replacement with a total cost not to exceed $25,000.
STAKEHOLDER ENGAGEMENT
On October 11, 2023 the Police Department hosted a community meeting at the Rinconada
Library branch to present its 2023 AB 481 Annual Report, in accordance with the requirements
of AB 481. The meeting was publicized – via the City’s event calendar, the City’s Uplift Local
publication, and the Police Department’s dedicated AB 481 webpage – and took place within 30
days of submittal of the 2023 Annual Report to the City Council and its publication on the Police
Department’s AB 481 webpage. The meeting was live-streamed and a recording of the meeting
was also posted on the City’s Youtube channel and the Department’s AB 481 webpage.3
POLICY IMPLICATIONS
With Council renewal of the ordinance, the Police Department will continue to have
access to each of its existing types of qualifying equipment (or analogous alternative), and the
corresponding policies and procedures surrounding the use of the equipment will remain in
effect.
RESOURCE IMPACT
There are no budget implications resulting from the adoption of this policy. Planned purchases
articulated above are anticipated to be made using the Department’s FY 2024 adopted general
fund budget.
ENVIRONMENTAL REVIEW
Adoption of an ordinance approving a military equipment use policy is not a “project” within the
meaning of CEQA.
ATTACHMENTS
Attachment A: Ordinance Renewing the City’s Military Equipment Use Policy
Attachment B: PAPD 2023 AB 481 Annual Report
APPROVED BY:
Andrew Binder, Police Chief
3 http://www.cityofpaloalto.org/PAPDequipment
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Renewing the Military
Equipment Use Policy in Compliance with Govt. Code Section 7070 et seq.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1.Findings and declarations. The City Council finds and declares as follows:
1. In 2021, the California Legislature and the Governor approved AB 481, which
requires the City Council to approve a “Military Equipment Use Policy” in order to acquire, use,
or seek funds for the use of certain equipment used by law enforcement. AB 481 is codified at
Gov. Code section 7070 et seq.
2. The City Council adopted Ordinance 5562 in September 2022 to approve the
City’s first Military Equipment Use Policy.
3. As required by Govt. Code section 7072, the Palo Alto Police Department
submitted an annual military equipment report for each type of military equipment approved by
the City Council in 2022. This report was posted publicly on the Department’s website. The
Department also held a community engagement meeting on October 11, 2023.
4. As required by Govt. Code section 7071, the City Council now intends to renew
and restate Ordinance 5562 to implement the Military Equipment Use Policy for another year.
SECTION 2.The City Council makes the following required findings in compliance with
Gov. Code section 7071(d)(1) and (e) as to the attached Military Equipment Use Policy:
(A) The military equipment is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
(C) The equipment is reasonably cost effective compared to available alternatives
that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that
was in effect at the time.
SECTION 3.The City Council hereby approves the attached Military Equipment Use
Policy incorporated as Exhibit A to this ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. The Council finds that adoption of this Ordinance is not a “project” within
the meaning of CEQA.
*NOT YET APPROVED*
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SECTION 6.This Ordinance shall be effective on the thirty-first date after the date of
its adoption. This Ordinance shall then supersede Ordinance 5562, and any conflict shall be
resolved in favor of this Ordinance.
SECTION 7. This Ordinance shall be uncodified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Chief of Police
*NOT YET APPROVED*
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Exhibit A
Palo Alto Police Department Military Equipment Use Policy
(Updated November 2023)
PURPOSE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 as codified at
Govt. Code section 7070 et seq., and establishes guidelines for the acquisition, funding, use and
reporting of “military equipment”, as the term is defined in Government Code section 7070.
These obligations include but are not limited to seeking approval on specific items deemed, by
statute, to be military equipment and requirements related to compliance, annual reporting,
cataloging, and complaints regarding these items.
PROCEDURE
A. DEFINITIONS
1. Governing Body – The City Council of the City of Palo Alto.
2. Military Equipment – Shall have the same meaning as defined by California Government
Code § 7070(c).
B. GOVERNING BODY APPROVAL
1. The Department shall obtain approval of the governing body prior to engaging in any of the
following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10
of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a
grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by
borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use
of military equipment within the territorial jurisdiction of the governing body.
e. Using any new or existing military equipment for a purpose, in a manner, or by a
person not previously approved by the governing body pursuant to general order
f. Soliciting or responding to a proposal for, or entering into an agreement with, any
other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use
of, military equipment.
g. Acquiring military equipment through any means not provided in a. through f.
2. In seeking the approval of the governing body, the Department shall comply with Gov. Code
§ 7071, which requires that the Department submit a proposed military equipment use policy,
or subsequent amendments, to the City Council and the public via the law enforcement
agency’s internet website at least 30 days prior to any public hearing concerning the military
equipment at issue.
*NOT YET APPROVED*
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3. The governing body must be able to make the following findings in approving the Military
Equipment Use Policy as required by Gov. Code § 7071(d)(1) in order to use military equipment:
a. The military equipment is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety.
b. The proposed military equipment use policy will safeguard the public’s welfare, safety,
civil rights, and civil liberties.
c. If purchasing the equipment, the equipment is reasonably cost effective compared to
available alternatives that can achieve the same objective of officer and civilian safety.
d. Prior military equipment use complied with the military equipment use policy that was
in effect at the time, or if prior uses did not comply with the accompanying military
equipment use policy, corrective action has been taken to remedy nonconforming uses
and ensure future compliance.
C. MILITARY EQUIPMENT ANNUAL REPORT
The Department shall submit an annual military equipment report to the governing body that
addresses each type of military equipment possessed by the Department in compliance with
Gov. Code § 7072.
1. The Department shall also make each annual military equipment report publicly available on
its internet website for as long as the military equipment is available for use.
2. The annual military equipment report shall, at a minimum, include the following information
for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military
equipment.
c. The results of any internal audits, any information about violations of the military
equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition,
personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs,
and from what source funds will be provided for the military equipment in the calendar year
following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment.
f. If the Department intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
The Department will document each use of military equipment and, via administrative review,
ensure compliance with this policy. Any instances of non-compliance will be reported to the
City Council via the annual military equipment report, and to the Independent Police Auditor
where appropriate.
*NOT YET APPROVED*
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D. MILITARY EQUIPMENT USE POLICY COMPLAINTS AND CONCERNS
Pursuant to Gov. Code § 7070(d)(7), members of the public may register complaints or concerns
or submit questions by any of the following means:
1.Via email to: militaryequipment@cityofpaloalto.org
2.Via phone call to: (650) 329-2406
3.Via mail sent to: Palo Alto Police Department
Attn: Personnel and Training
275 Forest Avenue
Palo Alto, CA 94301
The Department is committed to responding to complaints, concerns and/or questions received
through any of the above methods in a timely manner.
E. MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by
the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed, unless
exigent circumstances arise.
F. MILITARY USE EQUIPMENT POLICY CONTENTS
All military use equipment kept and maintained by the Department shall be cataloged in a way
which addresses each of the following requirements in compliance with Gov. Code § 7070(d):
1. A description of each type of military equipment, the quantity sought, its capabilities,
expected lifespan, and product descriptions from the manufacturer of the military
equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state
agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining
the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards
and Training, that must be completed before any officer, agent, or employee of the law
enforcement agency or the state agency is allowed to use each specific type of military
equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil
liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including
which independent persons or entities have oversight authority, and, if applicable, what
legally enforceable sanctions are put in place for violations of the policy.
*NOT YET APPROVED*
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G. USE POLICY FOR SPECIFIC EQUIPMENT
Qualifying Equipment Owned/Utilized by the Department
Equipment Type: 37mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code
§7070(c)(14)
Quantity Owned/Sought: 30 owned Lifespan: Approximately 15 years
Equipment Capabilities: The 37MM Less Lethal Launcher is capable of firing 37MM Kinetic
Energy and Chemical Agent Munitions. Palo Alto PD only possesses “KO1” impact baton
rounds in its inventory.
Manufacturer Product Description: Sage Control Ordinance 37MM launchers are rugged,
reliable, and simple to operate less lethal launchers. These launchers are light weight,
versatile and used worldwide by police officers. The 37MM launcher family of products is
available in single-shot (“Ace”), double-shot (“Deuce”), or magazine fed configurations. Palo
Alto PD possesses the “Ace” and “Deuce” models.
Purpose/Authorized Uses: The 37MM Less Lethal Launchers and Kinetic Energy Munitions
are intended for use as a less lethal use of force option. Kinetic energy projectiles, when
used properly, are less likely to result in death or serious physical injury and can be used in an
attempt to de-escalate a potentially deadly situation.
Circumstances appropriate for deployment include, but are not limited to, situations in
which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others.
(c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other
dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.
Fiscal Impacts: The initial cost of this equipment was approximately $27,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force) and 308
(Control Devices and Techniques). Use will continue to be subject to an administrative Use of
Force review.
Training Required: Officers must complete a department certified 37mm course as well as
regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13)
Quantity Owned/Sought: 1 Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to
send messages over long distances. LRAD systems produce much higher sound levels
(volume) than normal loudspeakers or megaphones, and can be more narrowly directed.
Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD)
used to send messages over long distances. LRAD systems produce much higher sound levels
*NOT YET APPROVED*
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(volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are
loud enough to cause pain in the ears of people in their path.
Purpose/Authorized Uses: Primarily used to communicate, from a safe distance, with armed
and/or barricaded subjects, for the purpose of negotiation. Can also be used in furtherance
of search and rescue operations, and to communicate lawful dispersal orders.
Fiscal Impacts:
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy § 414 (Hostage and Barricade
Incidents). Use will be subject to an administrative review.
Training Required: The Palo Alto Police Department provides internal training for staff
members prior to allowing them to use this equipment.
Other Notes: This equipment is maintained and operated by members of the Department’s
Crisis Negotiation Team (CNT).
Equipment Type: Diversionary Devices and Chemical Agents (tear gas) and pepper balls - CA
Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 108 Lifespan: 5 years
Equipment Capabilities: Capable of creating auditory/visual distractions, and/or deploying
tear gas or pepper chemical to distract potentially dangerous individuals.
Manufacturer Product Description:
The Palo Alto Police Department uses Diversionary Devices and Chemical Agents produced by
Defense Technology (DT) and Combined Tactical Systems (CTS). All Chemical Agents utilized
by PAPD contain CS (Orthochlorobenzalmalononitrile) or OC (Oleoresin Capsicum).
Diversionary Devices:
1. Mini-Bang (CTS-7290M)
a. The Model 7290M Flash-Bang exhibits all of the same attributes of its larger
counterpart but in a smaller and lighter package. Weighing in at just 15 ounces
the new 7290M is approximately 30% lighter than the 7290 but still has the
same 180db output of the 7290 and produces 6-8 million candela of light.
Chemical Agents:
1. CS 37mm Liquid Ferret Barricade Round (CTS-3330)
a. 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers
irritant agents into an adjacent room.
2. CS 37mm Liquid Ferret Barricade Round (DT-1162)
a. The Ferret® 37 mm CS Round is a frangible projectile filled with chemical
agent. Upon impacting the barrier, the nose cone ruptures and
instantaneously delivers the .16 oz. agent payload inside a structure.
3. CTS 5230b Baffled CS
a. The design of the Baffled CS allows the contents to burn within an internal can
and external baffling, and disperse the agent safely with reduced risk of fire.
The grenade is designed primarily for indoor tactical situations to detect
*NOT YET APPROVED*
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and/or dislodge a barricaded subject. This grenade can be hand thrown or
launched from a fired delivery system.
4. CTS 5230 Riot CS
a. The CTS Riot CS is specifically designed for outdoor use. It discharges a high
volume of smoke and chemical agent through multiple emission ports. This
grenade can be hand thrown or launched from a fired delivery system.
5. CS Riot Control (DT-1082)
a. The Riot Control CS Grenade is designed specifically for outdoor use in crowd
control situations with a high volume continuous burn. . This grenade can be
used to conceal tactical movement or to route a crowd. The volume of smoke
and agent is vast and obtrusive. .
Smoke:
1. CTS 5210 White Smoke
a. The CTS 5210 White Smoke Grenade is designed specifically to conceal tactical
movement or to route a crowd. The volume of non-irritant smoke and agent is
vast and obtrusive.
PepperBall:
Less lethal launchers are designed for minimum time between launches and quick reload
speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation,
the PepperBall system offers flexibility, safety and security, all within one platform. Each
launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air
powering the launch of projectiles.
Purpose/Authorized Uses: creating explosive distractions, and/or deploying chemical agents.
Fiscal Impacts: The initial cost of the Pepperball equipment was approximately $7,920. The
ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
The initial cost of the distraction devices and chemical agents was approximately $2,400. The
ongoing costs for munitions will vary and (minimal, if any) maintenance is conducted by
departmental staff.
Legal/Procedural Rules Governing Use Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 308
(Control Devices and Techniques), and 408 (Crisis Response Unit).Use of tear gas or pepper
balls will continue to be subject to an administrative Use of Force review. Use of distraction
devices will be subject to an administrative review to ensure policy compliance.
Training Required: A P.O.S.T. certified Control Devices and Techniques Department chemical
agent and distraction device instructor provides internal training for all members of the
SWAT team prior to allowing them to use flashbang grenades or tear gas. The Department
provides internal training for all members prior to allowing them to use pepper balls.
Other Notes: Distraction devices and chemical agents are exclusively maintained and
operated by members of the Department’s Special Weapons and Tactics Team (SWAT).
Equipment Type: Bolt Action Rifle and Ammunition - CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years
Equipment Capabilities: Accuracy International rifle is capable of firing a 7.62mm/.308 cal
projectile bullet.
*NOT YET APPROVED*
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Manufacturer Product Description: Accuracy International (AI) Accuracy Tactical bolt action
rifle .308 Winchester/7.62mm NATO.
1.20" barrel threaded 5/8x24
2.Nightforce:C622 Scope .250 MOA
3.AI Adjustable cheek piece
4.AI Two-stage trigger
5.AI 10-round .380 caliber magazine
6.AI Three-position safety
Purpose/Authorized Uses: This rifle is authorized for use by a specially-trained, SWAT
marksman only and may be deployed in any circumstance where the officer can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines
for deploying the rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When the officer is faced with a situation that may require accurate and
effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a
barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body
armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: This equipment was purchased by the Palo Alto Police Department at an
initial cost of $6500.00. The ongoing costs for ammunition will vary and maintenance is
conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 312
(Firearms), and 408 (Crisis Response Unit).Each use will continue to be subject to an
administrative Use of Force review.
Training Required: In addition to CA P.O.S.T. certified patrol rifle and CA P.O.S.T. certified
standard SWAT Operator training, SWAT marksmen must successfully complete a CA P.O.S.T.
certified course as well as regular SWAT marksmanship training and qualifications as required
by law and policy.
Other Notes: None.
Qualifying Equipment Owned/Utilized by Palo Alto OES
Equipment Type: Command and control vehicle – CA Gov’t Code §7070(c)(5)
Quantity Owned/Sought: 1 Lifespan: Approximately 20 years
Equipment Capabilities: The City of Palo Alto Office of Emergency Services (OES) has a
Mobile Emergency Operations Center (MEOC) vehicle.
*NOT YET APPROVED*
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Manufacturer Product Description: The MEOC is built on a 40’ Freightliner chassis, 2010
Model Year.
Purpose/Authorized Uses: The MEOC serves as a resource for public safety and coordinates
with other such vehicles operated by other agencies. It is deployed to “all hazards” ranging
from natural disasters, wildfires, crime, special events, and planned and unplanned
disruptions to 9-1-1 and Emergency Operations Center systems and facilities.
Fiscal Impacts: The MEOC was acquired in approximately 2010 with grant funding of
$300,000 and City funding of $375,000. The ongoing costs for maintenance and operation
will vary and most maintenance is conducted by City staff.
Legal/Procedural Rules Governing Use: It is the policy of OES to use the MEOC in accordance
with California State law regarding the operation of motor vehicles. Furthermore, since the
MEOC is grant-funded and since the MEOC is a rare resource, the City may support mutual
aid with the MEOC (for example wildfire response). Use will be subject to an administrative
review to ensure policy compliance.
Training Required: The MEOC is a highly complex system. City staff are provided with
requisite training and licensing, depending on their role in supporting the MEOC.
Other Notes: The MEOC is not a “military vehicle” but could support coordination with the
National Guard, FEMA, and other cooperating agencies after a major earthquake or other
disaster.
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which
the Palo Alto Police Department collaborates and/or participates for law enforcement
purposes
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: None (outside owned)Lifespan: Various
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and
recorded video images captured from aerial positions, including images enhanced by Forward
Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission
of protecting lives and property when other means and resources are not available or are less
effective. Uses may include but are not limited to: search and rescue; suspect apprehension;
crime scene documentation; tactical operations; scene security; hazard monitoring,
identification and mitigation; response to emergency calls; crisis communications; legally
authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, Federal Aviation Administration (FAA) regulations, and PAPD policy, including but not
limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance).Federal Aviation Administration (FAA) regulations . Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a
reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers
shall take reasonable precautions to avoid inadvertently recording or transmitting images of
*NOT YET APPROVED*
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areas where there is a reasonable expectation of privacy. Upon mutual aid or other request
from PAPD, UAS/Drone will be operated by the deploying agency’s staff pursuant to their
own policies and review.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA
Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code
§7070(c)(1)
Quantity Owned/Sought: None (outside owned)Lifespan: Various
Equipment Capabilities: Robots are capable of being remotely navigated to provide scene
information and intelligence in the form of video and still images transmitted to first
responders.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by
providing first responders with the ability to capture video and still images of hazardous
areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Absent a warrant or exigent circumstances,
operators and observers shall adhere to all applicable privacy laws and shall not intentionally
record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Use governed by applicable State,
Federal and Local law, Federal Aviation Administration (FAA) regulations, and PAPD policy,
including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance). Upon mutual aid or other request from PAPD, vehicle will be operated by
deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t
Code §7070(c)(3)
Quantity Owned/Sought: None (outside owned)Lifespan: Various
Equipment Capabilities: Capable of breaching doors, gates, and other points of entry;
facilitating the safe transport of officers or civilians facing an armed suspect.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Safely
transporting police personnel or evacuating civilians, when facing with an armed suspect.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure)
and 352 (Outside Agency Assistance). Upon mutual aid or other request from PAPD, vehicle
will be operated by deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
*NOT YET APPROVED*
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Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
2023 Annual Report
AB 481 - Military Equipment
Background
On September 30, 2021, Governor Gavin Newsom signed a series of eight (8) policing reform bills including Assembly Bill 481 (AB
481), which regulated the acquisition and use of military equipment by local law enforcement agencies.
On September 27, 2022, in accordance with AB 481, the Palo Alto City Council adopted Ordinance No. 5562, approving Palo Alto
Police Department Policy 716: Military Equipment.
Summary
The Palo Alto Police Department (PAPD) had equipment in 5 of the 15 categories requiring reporting by AB 481 in 2022. The
equipment has been used minimally, largely related to training and certification.
The City has not received any complaints, audits, or policy violations regarding the use or acquisition of the equipment. PAP D has
diligently followed the established Department Policy (716), ensuring transparency and accountability in its operations. Plans for
future equipment purchases meeting the reporting requirements of AB 481 are minimal and mostly focused on replacing or
replenishing equipment used throughout the year. Planned purchased are anticipated to be made using the Department’s general
fund budget.
Introduction
As required by AB 481, City Ordinance 5562, and PAPD Policy 716, PAPD must prepare an annual report on the use of each type of
military equipment approved in the Policy over the last year. Subsequently, the City Council must review the Ordinance, Polic y, and
AB 481 Annual Report and determine whether PAPD's use of the defined military equipment in the past year compli ed with the
Policy and whether to renew the Ordinance.
AB 481 Categories
PAPD has equipment meeting 5 of the 15 categories set forth in AB 481 and PAPD Policy 716, in bold:
1. Unmanned, remotely piloted, powered aerial or ground vehicles
2. Mine-resistant ambush-protected vehicles or armored personnel carriers
3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles
that have a breaching or entry apparatus attached
4. Tracked armored vehicles that provide ballistic protection to their occupants
5. Command and control vehicles that are either built or modified to facilitate the operational control and directi on of public
safety units
6. Weaponized aircraft, vessels, or vehicles of any kind
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature
8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
9. Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition
10. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault
weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue service weapons and
ammunition of less than .50 caliber
11. Any firearm or firearm accessory that is designed to launch explosive projectiles
12. Noise-flash diversionary devices, explosive breaching tools or munitions containing tear gas or OC, excluding standard,
service-issued handheld pepper spray
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
14. Kinetic energy weapons and munitions
15. Any other equipment as determined by a governing body or a state agency to require additional oversight
Annual Reporting Requirements
AB 481 requires that police departments identify, at a minimum, six elements in their annual reports for each type of equipme nt:
1. Summary of how each type of equipment was used and the purpose of that use;
2. Quantity possessed of each type of equipment;
3. Annual costs for each type of equipment;
4. Summary of complaints or concerns received for each type of equipment;
5. Information disclosing violations of military equipment policies and actions taken in response, as well as the result of inte rnal
audits; and;
6. Plans to acquire additional military equipment in the coming year, and the quantity sought.
The table on the following pages provide this information in the categories of Quantity, Costs, Summary Use and Purpose,
Complaints, Policy Violations, and Future Purchases.
The reporting period for this report is from the adoption of the use policy ordin ance on September 27, 2022 to June 30, 2023 (the
end of Fiscal Year 2023). Future reports will align with the City’s fiscal year to aid in reporting costs and planned purcha ses.
Equipment
Name
Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
Category 5: Command and Control Vehicles
MEOC 1 Approx.
$13,000 in
maintenance
and
equipment
costs
The MEOC serves as a resource for
public safety and coordinates with
other such vehicles operated by
other agencies. It is deployed to “all
hazards” ranging from natural
disasters, wildfires, crime, special
events, and planned and unplanned
disruptions to 9‐1‐1 and Emergency
Operations Center systems and
facilities.
The MEOC was deployed,
operationally, once in 2023, in
support of a presidential visit.
None None Maintenance
and equipment
costs not
expected to
exceed $25,000
Category 10: Specialized Firearms and Ammunition of less than .50 caliber
Bolt Action Rifle 1 None This rifle is authorized for use by a
specially‐trained, SWAT marksman
only and may be deployed in any
circumstance where the officer can
articulate a reasonable expectation
that the rifle may be needed.
Equipment was not deployed in
2023, other than for SWAT training
purposes.
None None Replacement
ammunition as
needed to
support training
and operational
use, not
expected to
exceed $2500
Equipment Name Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
Category 12: Noise Flash Diversionary Device and Chemical Muni tions
(CTS-7290) 0 None Capable of creating auditory/visual
distractions to distract potentially
dangerous individuals.
The CTS-7290 was not deployed in
2023, other than for SWAT training
purposes.
None None None. This
equipment has
been phased out.
Mini‐Bang (CTS‐
7290M)
19 None Capable of creating auditory/visual
distractions to distract potentially
dangerous individuals.
The Mini-Bang (CTS-7290M) was not
deployed in 2023, other than for SWAT
training purposes.
None None 12 replacement
units to support
training and
operational use
($578.28)
CS 37mm Liquid
Ferret Barricade
Round (CTS‐3330)
36 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None 32 replacement
units to support
training and
operational use
($890.56)
CS 37mm Liquid
Ferret Barricade
Round (DT‐1162)
1 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None None
Equipment Name Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
CS Flameless Tri‐
Chamber (DT‐
1032)
14 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None Retire existing
units; replace
with safer CTS
5230b Baffled CS
(12 units at
$708.30 total)
CS Triple Chaser
Separating
Canister (DT‐
1026)
25 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None Retire existing
units; replace
with safer CTS
5230 Riot CS (15
units at $515.85)
CS Riot Control
(DT‐1082)
2 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None None
Maximum HC
(Hexachlorethane)
Smoke (DT‐1073)
6 None Capable of concealing tactical
movement or to route a crowd via non‐
irritant smoke.
Equipment was not deployed in 2023,
other than for SWAT training purposes.
None None Retire existing
units; replace
with less
expensive CTS
5210 White
Smoke (5 units at
$166.85)
Equipment
Name
Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy Violations Planned Future
Purchases
Category 13: Long-range Acoustic Devices
Long Range
Acoustic Device
(LRAD)
1 None Primarily used to communicate, from a
safe distance, with armed and/or
barricaded subjects, for the purpose of
negotiation. Can also be used in
furtherance of search and rescue
operations, and to communicate lawful
dispersal orders.
The LRAD was not deployed in 2023,
other than for Crisis Negotiations Team
training purposes.
None None None
Category 14: Kinetic Energy Weapons and Specialty Munitions
37mm Less Lethal
Launcher
30 None The 37mm Less Lethal Launchers and
Kinetic Energy Munitions are intended
for use as a less lethal use of force
option.
The 37mm launcher was not used in
2023, other than for training purposes.
None None None