Berkeley City Council
May 10, 2022

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The likelihood of adverse impacts due to the use of the Recon Scout XT robot is low – it is small, lightweight and is not likely to injure persons or damage personal property when deployed; however, there is a small chance that the Recon Scout XT robot might cause damage to personal property when deployed (thrown) into a structure. Due caution is used when it becomes necessary to throw, rather than place, the robot into a structure.

D. Annual and Ongoing Cost:

There are no ongoing or annual costs associated with the use of the Recon Scout XT robot. Being that it is battery operated, there is a nominal cost associated with charging the Recon Scout XT robot’s batteries, and the batteries of the OCU. The Recon Scout XT robot is fairly simple to operate, thus there is no cost associated with training officers in its use. There are no costs with transportation or storage of the Recon Scout XT robot.

While there are newer models of this robot available, there does not appear to be any upgrades available for the Recon Scout XT. The Recon Scout XT robot has been damaged on occasion, and there are costs associated with repair. But generally, the Recon Scout XT robot is robust and does not need regular repair.

E. Training Cost:

The Recon Scout XT robot is user friendly and simple to operate. Training is conducted by Berkeley Police personnel familiar with the operations and procedures of the Recon Scout XT robot. The cost of training is staff time.

F. Maintenance and Storage Costs:

There are no annual or storage costs.

G. Upgrade Costs:

There are no upgrades available at the time of this report. (4) Impact:

The Recon Scout XT robot is used to safely gather information in situations where it may be dangerous to expose an officer, or officers, to gather the same information. Putting officers in such unknown, tense situations has the potential to create violent encounters, or otherwise place officers in unnecessary peril and danger that might otherwise be avoided by the use of a tool like the Recon Scout XT robot. The Recon Scout XT robot is not likely to have a negative impact on the welfare or safety of the public as its role is to gather real- time information during high-risk incidents such as hostage or potentially life-threatening situations. The Recon Scout XT robot is likely to improve the welfare and increase the safety of the public through its ability to gather real-time information and feed it back to police officers. The Recon Scout XT robot does not have the capability to record or store data. (5) Mitigations:

The use of the Recon Scout XT robot is limited to sworn police officers, and guided by field supervisors (Lieutenants and Sergeants). Procedurally, the Recon Scout XT robot is used when exigent circumstances exist (hostage situation, barricaded subject, natural disaster

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necessitating rescue, etc.) and real-time information is necessary to safely and effectively resolve the situation. The robot does not record or store data. (6) Alternatives:

Unmanned aerial vehicles (UAV) are an alternative to robots such as the Recon Scout XT robot. However, the Berkeley City Council has prohibited the Berkeley Police Department from using UAVs. They are not constrained by obstacles on the ground and provide far superior perspective and situational awareness; at times, obstacles halt the Recon Scout XT robot’s movement. There are several other robots on the market, however, the Recon Scout XT robot is compact, lightweight (weighing in at just over a pound), very maneuverable, and can easily be carried by an officer. It can also be introduced into structures by throwing it through any opening – an option not possible with other robot models.
(7) Third Party Dependence:

The Recon Scout XT robot does not currently rely on a third-party company or vendor for its use or maintenance. Should maintenance or parts be required beyond the scope of the members of the Berkeley Police Department, the robot would be sent to ReconRobotics for service.

Andros Remotec HD-1 Hazardous Duty Robot
(1) Description:

A. Background:

The Andros Remotec HD-1 Hazardous Duty Robot, hereinafter referred to as Remotec HD-1 robot, was designed to support a wide range of missions in demanding environments. The Remotec HD-1 robot is capable of lifting up to 125 pounds, tracked articulators stair climbing, and has an integrated Talisman radio system for a stronger radio wave connection between the controller and the robot.

Remotec has served explosive ordinance disposal units, hazardous materials units, and other first responders as a provider of mobile robotic systems for application into a variety of undesirable, hazardous and potentially life-threatening environments. The Remotec HD-1 robot allows individuals to approach hazardous devices to examine and manipulate the device without putting people in harm’s way.

B. Quantity:

The Berkeley Police Department Bomb Squad has one robot, the Remotec HD-1 robot.

C. Capability:

Remotec HD-1 robot is used in situations where a potential life-threatening situation exists and is too hazardous for a bomb technician to approach in person. The Remotec HD-1 robot is also used to survey an area prior to a bomb technician approaching a

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scene to check for trip wires and ascertain a good approach path. The Remotec HD-1 robot has three cameras and audio monitoring that stream live video and audio back to the control module; however, it is unable to record and does not have any data storage capabilities. It has several attachment mounting options as well. The Remotec HD-1 robot also has the ability to carry a variety of tools. Some of the tools are:
1) A spike to break glass and access vehicles or homes with potential explosive devices inside
2) An X-ray mount in order to remotely X-ray suspected explosive devices. 3) Percussion actuated non-electric disruptors which are smooth barrels that are filled with water and fired at high speed with a blank shotgun round to open backpacks, suitcases, and packages from a distance
4) A hook with cutting blades that are used to cut backpack straps, ropes, etc. 5) PAN rounds containing various fills, from sand to slugs, in order to open sturdier packages made from metal or other hard covers.
6) Electrical connections to connect explosives that can be detonated remotely and from a safe distance.

D. Lifespan:

The Remotec HD-1 robot has an expected life span of 10 years. It is currently 13 years old and has begun exhibiting issues. The Remotec HD-1 robot weighs just over 200 lbs. and has been near multiple explosions over the years and crossed a variety of off-road terrain
E. Use:

Used to examine and possible destroy hazardous materials such as an explosive device.

F. How it Works:

The Remotec HD-1 robot is piloted by a bomb technician into a hazardous area to locate, examine, and render suspicious packages and explosive devices safe by utilizing a variety of attachable tools.
(2) Purpose:

The Remotec HD-1 robot is used as a means to approach hazardous situations where a potentially lethal threat such as an explosive device exist. The Remotec HD-1 robot allows for the examination and manipulation of an object or potential explosive device without unnecessarily putting a bomb technician’s life at risk. (3) Fiscal Cost:

A. Initial Cost:

Procured in 2008 for $214,496 including on-site training through a UASI Grant. (64,292- N.S.)

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B. Cost of Use:

None. The robot is electric and operated through the City’s electricity for charging.

C. Cost of Potential Adverse Effects:

The Remotec HD-1 robot interacts with inanimate objects. However, should it encounter a package that explodes, it could potentially destroy the robot and damage other property.

D. Annual and Ongoing Costs:

There is no annual cost. Maintenance of the Remotec HD-1 robot is conducted by Berkeley Police Bomb Technicians.

E. Training Costs:

Berkeley Police Bomb Technicians are trained during regular bomb squad training sessions and maintain their skills through training scenarios. The cost of training is limited to staff time.

F. Maintenance and Storage Costs:

Remotec offers occasional maintenance and upkeep workshops free of charge.

G. Upgrade Costs:

There are no costs for upgrades as the company has stopped manufacturing the robot and any applicable upgrades.
(4) Impact:

The Remotec HD-1 robot is used by the Berkeley Police Department Bomb Squad as a means to examine a potentially explosive device in order to keep the community safe. Since April 2020, the Berkeley Police Department Bomb Squad has responded to 14 incidents. The impact of the Remotec HD-1 robot has been to reduce and minimize the danger posed by calls of possible explosive devices to the Berkeley Police Department’s Bomb Technicians. (5) Mitigations:

The Remotec HD-1 robot is used in situations where a hazardous device exists. In these situations, the area is always evacuated in order to ensure community safety. (6) Alternatives:

The Remotec HD-1 robot is 13 years old and there has been significant development in technology. There are several alternatives that are far superior than our current Remotec HD-1; Mark V-A1 robot developed by Remotec Andros, Caliber Flex developed by ICOR Technology, Digital Vanguard-S developed by Med-Eng and T7 and T4 developed by L3Harris Technologies. These are alternatives that have newer and better technology and capabilities than the Remotec HD-1 robot.

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(7) Third Party Dependence:

Remotec representatives are the only ones used to diagnose and maintain complex issues on the robot that cannot be done in-house. Since it is proprietary technology, Remotec may void warranties on any repairs made by outside vendors or by untrained personnel.

Therefore, all complex issues with the Remotec HD-1 robot must be repaired by Remotec.

Light/Sound Diversionary Device
(1) Description:

A. Background:

Light/Sound Diversionary devices also known as distraction device, flashbang, light/sound and noise/flash devices have been available for approximately 40 years and are a safe and effective tool for Law Enforcement (LE) to use during challenging tactical incidents. The device will be referred to a diversionary device throughout this document.

B. Quantity:

Qty 50 - CTS 7290 Diversionary Device
C. Capability:

When a diversionary device is deployed they create a loud noise, heat and brilliant light and create an effective diversion. They can create psychological and physiological effects such as: hearing a loud noise beyond that of everyday living, seeing a short bright light, and feeling of a change in atmospheric pressure. These effects may disorient/confuse subjects for a short time giving tactical teams the ability to apprehend that subject without using a higher level of force.

D. Lifespan:

The lifespan of the CTS 7290 Diversionary Device is 5 years.

E. Use:

The use of a diversionary device is to create a diversion in order to facilitate entry and enable arrest. Circumstances justifying the use of a diversionary device may include, but not limited to barricaded subject or hostage situations and high-risk search warrants services.

F. How it Works:

The main charge of a modern diversionary device typically contains flash powder which is sometimes called photoflash powder. Upon initiation, this chemical compound causes the device to deflagrate (not detonate). The powder mixture is

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rapidly changed into gases that expand outward reaching upwards to 3,800 times the original volume of the charge itself. This process releases the desired effects of loud noise, bright light and the feeling of atmospheric pressure. Flash powder is typically made up of an oxidizer and some type of fuel. The oxidizer is needed to initiate and sustain the flash powder’s rapid combustion. This is required since sufficient oxygen cannot be obtained from just the surrounding air. (2) Purpose:

The purpose of a diversionary device is to create a reactionary gap of a person by temporarily disorienting them. This gap gives tactical teams an opportunity to apprehend a suspect while using the minimal amount of force possible. They can also be used to safely invoke a response or redirect the attention of subjects who are either feigning injury, ignoring police commands or are unresponsive while posing a threat to the public.
(3) Fiscal Cost:

A. Initial Cost:

Diversionary Devices cost approximately $45 per unit and are purchased through LC Action Police Supply. Purchases for these tools are made when inventory becomes low, based upon critical incident usage and Special Response Team trainings that incorporate live devices.

B. Cost of Use:

The cost of each proposed use is unpredictable due to the unknown nature and timelines of dangerous barricade situations, critical incident, and hostage situations. The devices may be stored inside of the Police Department, in the Special Response Team Vehicle, or in the rescue vehicle. There are no additional storage costs. There are no associated costs for transporting, maintenance, training, or upgrades.

C. Cost of Potential Advert Effects:

Adverse effects of improper use of a diversionary device are not calculable. It could result in serious injury. Additionally, the improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

See below training cost.

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E. Training Cost:

Only trained and qualified personnel are permitted to deploy diversionary devices. These trained Berkeley Police officers are typically members of the Berkeley Police Department Special Response Team who receive monthly training which includes training in the deployment of diversionary devices. The cost of training is staff time.

F. Maintenance and Storage Costs:

The majority of diversionary devices are stored inside of a room in the basement within the Police Department. There are no additional storage costs. There are no associated costs to transporting, maintenance, or upgrades.

G. Upgrade Costs:

No upgrades exist for this equipment as of this report. (4) Impact:

The Berkeley Police Department is committed to preserving and protecting human life and welfare. These tools allow us to fulfill our commitment to our community.

Diversionary Devices may be utilized in many situations to include potentially dangerous barricaded subject situations, hostage situations, and critical incidents.

Some criteria considered prior to a deployment is dependent upon whether the suspect is a dangerous felon, causes a life-threatening situation and/or other unique incidents where it appears to be a reasonable method in which to resolve the situation. When deployed appropriately these devices can assist in safely apprehending suspects and resolving high risk critical incidents with minimal or no injuries to suspects and/or officers.
(5) Mitigations:

Since Diversionary Devices are considered low explosives, there are several protocols in place to mitigate possible negative results (i.e. minor or major injuries).

Only trained and qualified personnel are permitted to deploy diversionary devices; typically, members of the Special Response Team who receive constant training regarding the deployment, effects, and post deployment protocols.

Pre-deployment concerns are typically gathered and evaluated, such as:
• The number of people at a location and the individual location of suspects within the structure.

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• Evaluation if there are children or elderly people present • An evaluation of the suspect’s mental and physical conditioning • Evaluation of the building/room layout
• Possible combustible/flammable substances present
• Lighting conditions
When a diversionary device is deployed, the officer shall utilize a helmet, hearing protection, eye protection, body armor, and nomex (fire resistive) gloves.

If a diversionary device is used, a supervisor shall be notified, medical treatment/screening is conducted, and a collection of the deflagrated device is completed. Documentation utilizing the device serial number is recorded.

Per Policy 351 - Except in extreme emergencies (i.e., life-threatening situations), flash/sound diversionary devices shall not be used without prior authorization of the incident commander/on-scene supervisor. Whenever diversionary devices are carried by personnel in an actual situation or incident, that fact shall be noted in the after-action report or police report. In the event devices are deployed, the circumstances surrounding their deployment shall be fully described. The Chief of Police or his or her designee shall be responsible for reviewing any deployment of diversionary devices to ensure that policy was followed. Diversionary devices are registered by serial number with the Bureau of Alcohol, Tobacco, and Firearms (ATF).

Typically, the police department’s purchase of new devices is reported directly (by case-lot serial numbers) to ATF by the device manufacturer via ATF Form 5. The National Firearms Act requires the police department to notify ATF upon the use/expenditure of diversionary devices. A Special Response Team member shall be responsible for submitting written notification to ATF when all devices listed on a single ATF form 5 have been used/expended.
(6) Alternatives:

A possible alternative to a diversionary device (flashbang) is the Tactical Electronic Distraction Device (T.E.D.D.) which emits 2600 lumen light and high pitched 120 decibel sound to disorientate subjects. This could be a good tool as it is not a low explosive however it has its negative aspects as well:

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• There is no feeling of atmospheric pressure, limiting the desired momentary physiological effect.
• A suspect could pick up and throw the device at potential victims and at police officers. The currently used diversionary devices are too hot to attempt this.
• In certain circumstances, a suspect could potentially steal the device during an escape.
• The individual cost per unit is approx. $200 which is much more than a diversionary device
• This device is significantly less effective in disorienting subjects compared to a diversionary device.
(7) Third Party Dependence:

There is no third-party dependence for Diversionary Devices with the exception of communication with ATF of the purchase. Once they are purchased, they are secured within their designated locations where they are stored until they are either used during incidents or training.

Long Range Acoustic Device (LRAD)
(1) Description:

A. Background:

The Long-Range Acoustic Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear notification system. The use of the LRAD is for communications.

B. Quantity:

The Berkeley Police Department possesses 2 Long Range Acoustic Devices (LRAD) speakers. One is an LRAD 450XL and the other is an LRAD 100X.

C. Capability:

Both of these speakers are able to focus sound in directional pattern allowing the user to make sound audible over distances much greater than conventional public address speakers. The LRAD 450XL is the larger of the two and designed to either be used in a fixed location or mounted on a vehicle to make it portable. It

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has a usable range of approximately 1 mile. The LRAD 100X is smaller and more portable. It can be carried or mounted to a person’s chest for mobility or mounted to a vehicle. Its range is approximately 1/3 of a mile. Both of these systems allow for clear long-range communication, they are also able to play recorded messages.

D. Lifespan:

The lifespan for both LRADs is 25 years.

E. Use:

The LRADs are used to communicate with the community during natural disasters, crowd management and control situations, or when other forms of communications are ineffective or inoperable to unequivocally communicate messages from Police or Fire and safely resolve uncertain situations where communicating with the public is paramount.

F. How it Works:

The LRADs are essentially a long-range speaker or long-range megaphone and operates as such.
(2) Purpose:

The LRADs are designed for clear long-range communication. The LRAD’s ability to communicate over a long distance is far superior to any megaphone or Public Address (PA) system mounted to a police vehicle. Additionally, LRAD’s may be used to:
• Communicate lifesaving information to residents during disasters • Communicate to large crowds during parades, festivals, concerts and sporting events
• Establish safety zones and perimeters
• Control traffic congestion
• Conduct Special Response Team operations
• Broadcast a dispersal order
• Communicate during hostage and barricaded subject situations • Announce and serve high risk warrants
• Communicate to protesters
• Communicate to persons threatening suicide who are in an inaccessible location
• Conduct search and rescue operations

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The ability to communicate with the public in a large area increases the safety of all members of the public and law enforcement. It allows everyone in a given area to know what is being communicated, gives more situational awareness to everyone in a given area and allows people to know where to go or not to go. (3) Fiscal Cost:

A. Initial Cost:

The LRAD 450XL and the LRAD 100X were purchased in 2018. The total cost for both LRADs, rechargeable battery packs and accessories was $49,999.

B. Cost of Use:

There is no cost associated with each use of the LRADs. The systems run on batteries or can plug into a vehicle.

C. Cost of Potential Adverse Effects:

Adverse effects of improper use of the LRADs are not calculable. It could lead to hearing loss. Additionally, the improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

BPD has not incurred any additional cost to date for this equipment.

E. Training Costs:

Training is conducted by Berkeley Police personnel who are trained in the use and procedures of the LRAD. The cost to train is staff time.

F. Maintenance and Storage Costs:

There are no maintenance or storage costs for this equipment.

G. Upgrade Costs:

No upgrades exist for this equipment as of this report. (4) Impact:

The Berkeley Police Department is committed to ensuring the safety of our community. Having the ability to communicate efficiently and effectively in different situations is crucial in providing potentially life-saving information to the public. The LRAD provides BPD personnel the ability to communicate long distances to people that are in a given area, inside structures, or barricaded inside a structure. The LRAD is very effective any situation involving communicating information to large crowds, or entire communities.

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(5) Mitigations:

The only potential negative impact of the LRAD’s is that they are capable of producing a high pitched “deterrent tone” that is designed to disperse a potential threat. This “deterrent tone” does have the ability to cause hearing damage. BPD Policy 707 strictly prohibits any member of BPD from using the LRAD as a weapon.

Additionally, the LRAD can only be deployed at the direction of a Watch Commander or Incident Commander and may only be used by personnel specifically trained in the use of the LRAD.
(6) Alternatives:

BPD is not aware of any other sound speakers that are able to clearly communicate over long distances of up to 1 mile.
(7) Third Party Dependence:

To date, BPD has not depended on any third party for the use or maintenance of this equipment.
36” Baton
(1) Description:

A. Background:

The Berkeley Police Department issues a knurled grip, polycarbonate, fixed-length straight baton for crowd control purposes. The baton is 36” long and 1.25” in diameter and weighs about 1.64 pounds. Polycarbonate is a thermoplastic, which means it is durable, resistant to splintering and heat.

B. Quantity:

In 2017, BPD purchased 175 polycarbonate 36” batons to replace aging wood batons of the same purpose. Additional polycarbonate batons were purchased over the past four years to ensure all sworn police officers as well as trained reserve police officers are equipped with the 36” baton. BPD possesses approximately 195 - 36” polycarbonate batons. Most of these batons are issued to and maintained by individuals. However, a small amount of these batons is stored in a secure equipment room as spares in case of damage or new personnel issue.

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C. Capabilities:

The 36” baton is carried in a “baton ring” on an officer’s belt just as any other baton. It is used as a safety tool and is a means for officers to defend themselves in certain crowd control or riot situations. Trained officers may employ particular applications of force with their 36” batons when directed by their chain of command. The 36” baton is the desirable baton in a crowd control situation as it is 7” longer than the standard 29” baton. The longer baton creates more distance between the officer and others, which is critical when dealing with violent or aggressive crowds.

D. Lifespan:

The manufacturer provides a lifetime repair or replacement guarantee.

E. Use:

The 36” baton is a less-lethal force tool and is intended to be used in crowd control situations in close quarters, where officers may defend an attack, or when engaging in physical contact with combative or aggressive crowd members. The 36” baton is only used for crowd situations.

F. How it Works:

There are a number of appropriate blocking or striking techniques an officer may use when force is justified and the decision is made to use the 36” baton to effectively gain control of a person or situation. The use of the baton requires the officer to continually monitor and assess effectiveness of any delivered strikes.

The reason this type of force is administered is to stop a person’s attack, threat or resistance, with the goal to place them under lawful arrest for their actions. (2) Purpose:

The 36” baton is a less-lethal tool that may be used when a crowd becomes aggressive, hostile or violent. It is the most effective individual tool of choice when officers are in formation and engaged in crowd control duties.

When officers are deployed to maintain, disperse, or protect others from a violent crowd or civil disobedience, it is imperative that they have an adequate safety zone to protect themselves or others. The 36” baton provides officers additional distance from a potential threat than the standard issue 29” baton.

When the baton is used to strike a subject, kinetic energy transfer occurs. Kinetic energy is the energy of motion. The amount of translational kinetic energy which an object has depends upon two variables: the mass of the object and the speed of the

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object. The desired effect is for the officer to apply a baton strike with the necessary energy to stop the threat as quickly and safely as possible. By targeting the large muscle areas of the arms or legs with sufficient kinetic energy, motor and sensory nerves can be affected. When the nerves are affected this will create momentary muscle dysfunction or pain, which will allow the officer the ability to gain control of the subject, while minimizing the possibility of long-term injury to the subject.

The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the person’s conduct is creating an immediate threat of serious bodily injury or death to an officer or any other person as outlined in policy 303 and 300.
(3) Fiscal Cost:

A. Initial Cost:

The cost of the Monadnock MP36 2004 36” polycarbonate baton with knurled grip was $53.00 per baton in September 2017. After tax, $10,132.94 was spent for the purchase of 175 batons. The department placed an additional order for 20 batons in December 2019. It is anticipated that the cost of the baton will fluctuate a few dollars based on supply and demand over time.

B. Cost of Use:

The only cost associated with use that of ongoing departmental training to ensure officers are proficient in authorized baton techniques.

C. Costs of Potential Adverse Impacts:

Adverse effects from improper use of the 36” baton cannot be anticipated.

Improper use could lead to serious bodily injury or death. Additionally, the improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

There is no additional annual or ongoing cost associated with the 36” baton.

E. Training costs:

Training on the applications of the batons are conducted at the police academy.

Police Office Standard Training (POST) requires “arrest and control” training every 2 years which includes portions of baton training. This training is conducted in-house by POST certified defensive tactics instructors.

F. Maintenance and Storage Costs:

There are no associated costs to transporting, maintenance, or upgrades.

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G. Upgrade Costs:

No upgrades exist for this equipment as of this report. (4) Impact:

Per Policy 300, “The Berkeley Police Department’s highest priority is safeguarding the life, dignity, and liberty of all persons. The Department is committed to accomplishing this mission with respect and minimal reliance of the use of force by using rapport-building communication, crisis intervention, and de-escalation tactics before resorting to force.”
At times, it may become necessary for police officers to use force in crowd control situations to move a crowd, stop violent behavior, overcome resistance or make a lawful arrest. Officers have been trained that they must do everything possible to avoid unnecessary uses of force, and minimize the force that is used, while still protecting themselves and the public. When deemed necessary, use of the 36” baton may be used as a tool to strike a person, create a barrier or used in formation in order to move a crowd in a certain direction. The use of the baton may cause discomfort, pain, blunt trauma and has the potential to cause serious injury. Their use is subject to the totality of the circumstances, proper training, department policy, as well as federal and state law.

Officers who use the 36” baton are trained to continuously assess each situation where force is used and only use the force that is reasonably necessary and proportional to respond to the threat or resistance to effectively and safety resolve the incident.
(5) Mitigations:

Per Policy 300, “In all cases where physical force is used, officers shall use a minimum amount of force that is objectively reasonable, objectively necessary, and proportional to effectively and safely resolve a conflict.” Per Policy 303, “Only officers who have successfully completed department- approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances.

When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets.”

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Every officer who carries a 36” baton has been trained how to properly carry the equipment, it’s intended use, target areas and non-target areas. Large muscle groups such as the upper legs or lower abdomen are approved target areas and areas to be avoided at the groin and head. When a baton strike is directed at an intended target area and the subject moves simultaneously, it is possible for the officer to unintentionally strike a non-target area. Officers are trained to consider the placement of baton strikes, and to immediately render medical aid to the subject as soon as it is safe to do so.

All uses of force require documentation that is completed by the supervisor in a use of force report and reviewed by the Chain of Command. Furthermore, all deployments of equipment outlined in the Police Equipment and Community Safety Ordinance are documented according to the reporting requirements as mandated in the ordinance.
(6) Alternatives:

The alternatives to the 36” crowd control baton are the 29” standard issue baton and collapsible 26” Rapid Containment Baton (RCB). The standard issue baton and RCB are shorter in length and require officers to be closer to the person they are engaging, thereby increasing the risk of injury to the officer and the person. A longer baton provides an officer with more distance which creates a small safety zone and allows the officer time to react and access the situation before making use of force decisions.
(7) Third Party Dependence:

There is no requirement for a third-party service provider to issue the 36” crowd control baton. Berkeley Police Department Defensive Tactics Instructors provide in- house training on the proper use of the baton.

Mobile Command Vehicle
(1) Description:

A. Background
The Berkeley Police Department owns one Mobile Command Vehicle (MCV). Our MCV is a 2003 Freightliner MT55. This vehicle’s most common use is as a commercial delivery vehicle. Our 2003 Freightliner MT55 was converted into a MCV by adding desktop work stations, additional police radios and emergency lighting. The MCV is 30’ long and has a gross vehicle weight (GVW) of approximately 23,000 pounds.

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B. Quantity:

The Berkeley Police Department owns 1 MCV.

C. Capability:

The MCV is a mobile office that provides shelter and may be used as a mobile command and communication center.

D. Lifespan:

This vehicle is approximately 20 years old and is at the tail end of its serviceable lifespan. All emergency vehicles need to be completely dependable and vehicles of this age start to lose dependability as old parts start to fail without warning.

The modern versions of this type of vehicle are typically converted motorhomes.

E. Use:

This vehicle is used as a mobile command post for large scaled events.

F. How it Works:

This vehicle operates and drives like other vehicles.
(2) Purpose:

This vehicle may be used as a mobile command post for any larger scaled events or as a communications center in the event the communications center in the Public Safety Building is inoperable. Some examples of large-scale events include Solano Stroll, Juneteenth, 4th of July, critical incidents or natural disasters. (3) Fiscal Cost:

A. Initial cost:

The initial cost of the MCV (2003 Freightliner MT55) was $230,800.

B. Cost of Use:

The cost of use is the cost of fuel from the City Corporation Yard.

C. Cost of Potential Adverse Effects:

Adverse effects of improper use of the MCV are not calculable, but is the same as improper use of any vehicles. The improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

There is no annual or ongoing cost associated with this vehicle. Maintenance of the vehicle is conducted by the City’s Corporation Yard.

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E. Training Costs:

Training is conducted in-house by Berkeley Police personnel who are trained in the operation of the vehicle. The training cost is staff time.

F. Maintenance and Storage Costs:

There are no storage costs and maintenance would be conducted by the City of Berkeley Corporation Yard.

G. Upgrade Cost:

The MCV is almost 20 years old and upgrades would involve replacing different parts of the vehicle. This work would be conducted by the City of Berkeley’s Corporation Yard. The cost would be staff time plus the cost of any necessary parts.
(4) Impact:

The MCV is used as a command post for any large scaled event. It works as a mobile central location where resources can stage and be deployed from. It provides the police department with on-site command, supplying a control and communications hub that is needed for large community events, or critical incidents such as natural disasters in order to maintain public safety.
(5) Mitigations:

The MCV shall only be operated by trained personnel that have demonstrated proficiency in the operations of this vehicle per Berkeley Police Department Policy 811.
(6) Alternatives:

The MCV is almost 20 years old. Current MCV from other agencies are large mobile homes converted into MCVs.
(7) Third Party Dependence:

All maintenance is completed through the Cities Corp Yard so there is no dependence on a third party.

Barrett Model 99 Rifle
(1) Description:

A. Background:

The Barrett Model 99 rifle is a single shot bolt-action 50-caliber rifle first

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introduced in 1999. It is intended to be used in emergency situations where there is a high potential for violence.

B. Quantity:

Berkeley Police Department Special Response Team (SRT) currently possess 1 (one) of these rifles and is not looking to purchase any others.

Currently BPD has approximately 100 Summit Ammunition .50-caliber BNG rounds.

C. Capability:

This rifle is used only in situations where a potential life-threatening situation exists. The length of the rifle’s barrel coupled with the ammunition result in precision accuracy. This rifle is capable of disabling any vehicle engine block because of the large caliber round.

D. Lifespan:

This rifle has been in our possession for almost 15-years and we expect it to last for an additional 20 years or more considering how in-frequently it’s used.

E. Use:

This rifle is used primarily in emergency situations where a life-threatening situation exists, necessitating a vehicle to be disabled.

F. How it Works:

This is a bolt-action rifle that fires one round at a time and needs to be reloaded by hand after each round. The Barrett Model 99 rifle works similar to all modern bolt-action rifles. When the trigger is pressed, a firing pin strikes the primer of a bullet loaded into the chamber of the rifle. The ignited primer ignites gun powder contained in the bullet which pushes the bullet down the barrel and out the muzzle. The operator pulls the bolt back, ejecting the spent cartridge. The operator then loads another bullet into the breach, pushes the bolt forward, and closes the chamber, making the rifle ready to fired again. (2) Purpose:

The Barrett rifle is a firearm that may be used to stop a vehicle which poses a lethal threat to the public, or to disable a vehicle which presents a threat to the safety of another person(s) by its continued use. There are vehicle disabling tools that may disable vehicles by slowly deflating the tires; however, even with tires deflated a vehicle has the ability to operate and remain a threat to the public. Furthermore,

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these tools must be hand deployed and, in most circumstances, require officers to expose themselves to deadly threats. The Barrett rifle creates the ability to effectively disable vehicles instantaneously from a distance away. (3) Fiscal Cost:

A. Initial Cost:

The Barrett Model 99 50-caliber rifle has a retail cost of approximately $12,500 dollars. The Department of Justice provided the Barrett rifle to the Berkeley Police Department on 04/04/2007. There was no initial cost related to BPD taking possession of it.

B. Cost of Use:

The costs associated with its proposed uses is in the expenditure of its ammunition. The ammunition has a retail cost of approximately $6 dollars per bullet; $60 for a box of 10 and $600 for a case of 10 boxes, plus shipping and handling. We currently possess 100 rounds of BMG ammunition.

C. Cost of Potential Adverse Effects:

Adverse effects of improper use of a firearm are not calculable. It could lead to the loss of life or serious injury. Additionally, the improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

The annual cost of the equipment is minimal and includes ammunition expenditure, cleaning equipment, and possibly replacing the optics at some point in the future.

E. Training Costs:

The cost associated with training is the staff time, range fees, and cost of spent ammunition.

F. Maintenance and Storage Costs:

Maintenance costs vary depending on use over time and will vary. There are no costs associated with maintenance or storage of ammunition. All ammunition is stored in a climate-controlled room in the Berkeley Police Department.

G. Upgrade Costs:

Improvements in technology and new designs may be an additional cost but we can’t predict what those will be at this time.

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Should advancements be made in ammunition manufacturing; those upgrade costs are unknown at this time.
(4) Impact:

The Berkeley Police Department is committed to preserving and protecting human life and welfare. The Barrett rifle is a firearm the department would primarily use to stop a vehicle which poses a lethal threat to the public or used to disable a vehicle that presents a threat to the safety of another person(s) by its continued use.

The Barrett rifle is intended as a tool to increase the safety and welfare of community members and officers alike.

The Barrett rifle has minimal or no impact on civil rights or civil liberties as it will only be deployed in very specific situations, by very select members of the SRT. This is not a piece of equipment that is carried by an officer on routine patrol, and is highly unlikely that any members of our community would ever see this equipment due to its very selective use in the most critical of instances. (5) Mitigations:

Only four BPD members are authorized to utilize this rifle. Authorized members are trained in its use as well as the very specific and limited circumstances where this equipment would be utilized.
(6) Alternatives:

There is no other alternative tool or asset available that could accomplish the same goal of this rifle. An alternative rifle to the Barrett model 99 is a different rifle of equal capability, such as a Lapua .338 caliber rifle.
(7) Third Party Dependence:

These rifles are simple in their design and operation. They do require regular maintenance which is performed by an SRT Team Leader. If an issue arises which is beyond the scope of our Armorers we would seek manufacturer assistance.

However, the need for this is expected to be very rare.

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Appendix:

Applicable Lexipol Policies Respective to Each Equipment Policies are hyperlinked to its respective webpage.

M4 rifle/Patrol Rifle
• Policy 300 (Use of Force)
• Policy 349 (Tactical Rifle Operator Program)
Penn Arms 40MM launcher
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
Milkor LTL multi-launcher
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
FN 303 Launcher & FN Pava rounds
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
Chlorobenzylidene Malononitrile and Oleoresin Capsicum (canister and spray) • Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
Remington 700 Rifle
• Policy 300 (Use of Force)
• Policy 354 (Precision Rifle)
ReconRobotics Recon Scout XT Robots & Andros Remotec HD-1 Hazardous Duty Robot • Policy 708 (Robot Cameras)
Light/Sound Diversionary Device
• Policy 353 (Diversionary Device)
Long Range Acoustic Device
• Policy 707 (Long Range Acoustical Device)

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36” batons
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
• Policy 428 (First Amendment Assemblies)
Mobile Command Vehicle
• Policy 811 (Mobile Command Vehicle (MCV))
Barret Model 99
• Policy 300 (Use of Force)
• Policy 354 (Precision Rifle)

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Police Equipment and
Community Safety Ordinance
2021 Annual Report

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INTRODUCTION

On May 11, 2021 the Berkeley City Council passed Ordinance NO. 7,760-N.S., the Police Equipment and Community Safety Ordinance. Section 2.100.050 of the ordinance mandates an annual report for the deployment of specific equipment the Berkeley Police Department possesses. This annual report also fulfills the obligations set forth in Assembly Bill No.481. Below is a list of the reportable equipment under the city ordinance and Assembly Bill No.481:

• Patrol Rifle
• Less Lethal single 40MM launcher
• Less Lethal Milkor LTL 40 MM multi-launcher
• Less Lethal FN 303 Launcher
• FN Pava rounds
• Oleoresin capsicum (OC spray)
• Chlorobenzylidene Malononitrile and Oleoresin capsicum (tear gas) • Remington 700 Precision Rifle
• ReconRobotics Recon Scout XT Robots
• Andros Remotec HD-1 Hazardous Duty Robot
• Light/sound distraction device
• Long Range Acoustic Device (LRAD)
• 36” batons
• Mobile Command Vehicle
• Barret Model 99 Precision Rifle

The annual report on the controlled equipment shall contain the following information per Ordinance NO. 7,760N.S.:

(a) Production descriptions for Controlled Equipment and inventory numbers of each product in the Police Department’s possession.

(b) A summary of how Controlled Equipment was used. For the purposes of annual reports, “use” of equipment shall refer to equipment that is Deployed, not to transfers of location or placement of equipment inside Department vehicles.

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(c) If applicable, a breakdown of where Controlled Equipment was used geographically by individual police area. For each police area, the Police Department shall report the number of days or instances in which Controlled Equipment was used and what percentage of those daily reported uses were authorized by warrant and by non-warrant forms of court authorization.

(d) A summary of any complaints or concerns received concerning Controlled Equipment.

(e) The results of any internal audits, any information about violations of Controlled Equipment Use Policies, and any actions taken in response.

There have been no internal audits (other than those conducted to gather and confirm data for this report), identified violations of equipment use, or any complaints concerning the above listed equipment. For inventory numbers and description of each equipment refer to the Impact Statements.

Section 2.100.020 (D) defines deployment as “to utilize or employ Controlled Equipment for a deliberate purpose in the presence of members of the public during management or control of crowds, during any Special Response Team deployment or to affect some response from members of the public during any other operation or critical response. “Deployed” shall not mean an officer merely wearing a piece of Controlled Equipment on their belt or elsewhere on their person.” Deployment means the display of the equipment to affect some response from members of the public. The equipment does not have to be used; simply having it and in view of a person to specifically affect a response would be considered a deployment. Deployments are to be reported per the ordinance and the table on page 5 of this report reflects both deployments and uses of equipment.

On the date of passage of the Police Equipment and Community Safety Ordinance on May 11, 2021 the Police Department’s Blue Team system was already being utilized to capture the deployment of patrol rifles as well as all uses of force, including the use of less-lethal systems. However, although the use of the above listed equipment was thoroughly documented in police incident or crime reports, no system existed where the deployment of each defined equipment could be

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extracted. In response to this, the Professional Standards Bureau and the Police Technology Unit collaborated to develop a new system that was capable of fulfilling the obligations set forth by the ordinance.

The development of the new system began immediately after the ordinance was adopted and the new Equipment Ordinance System was created. Every sworn member of the Berkeley Police Department was trained on this new Equipment Ordinance System, hereinafter referred to as EO System. The EO System was fully implemented in October 2021.

It should be noted that the data on equipment deployments in 2021 does not capture deployments for the entire year. The ordinance was passed in May of 2021. The development and implementation of the EO System and the training of all sworn personnel was completed in October 2021.

The Police Department responded to over 42,500 calls from the community in 2021 and 11,262 were calls which occurred following the development of the new EO System that captured equipment deployments mandated by the ordinance. Of the 11,262 calls received, 29 of them resulted in the deployment of either a patrol rifle or a less-lethal system capable of launching a rubber projectile or a projectile similar to that of a paintball. For details on these systems refer to the Impact Statements located on the Berkeley Police Department website.

The Blue Team system was fully implemented in March of 2021. The system documents all uses of force which includes patrol rifle deployments and uses of less-lethal systems. This system is maintained by the Internal Affairs Bureau. In 2021 there were five incidents where less-lethal systems were used and 14 incidents where a patrol rifle was deployed. These incidents were recorded prior to the EO System going live. Three of the five less-lethal system uses were also entries into the EO System because they occurred after the launch of the EO System.

The table on page 5 details each of the 47-equipment deployment/use incidents extracted from the Blue Team and EO systems as well as 2 deployments of the Hazardous Duty Robot by the Berkeley Police Bomb Squad. Each row within the table represents an incident where a specified equipment was deployed/used.

The number of specified equipment deployed per incident is not represented. The

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table includes the service of 14 search warrants; 6 of which were served by the Special Response Team in cases involving a violent suspect. Equipment that is not outlined in the table was not used in 2021.

It should be noted that all other equipment deployments that are not related to the service of a search warrant were incidents where officers responded to a call for service by community members. Incident #6 & #17 are the only exceptions. #6 is an incident where an officer witnessed a stabbing and had to take immediate action to save the victim and apprehend the suspect and #17 is an incident where a stolen car and suspect were tracked down by officers. The 5 incidents where less-lethal systems were actually utilized are marked with asterisks next to the incident number. The incidents are listed in chronological order.

# Equipment Summary of Deployment and Use Beat

1*

40MM Launcher
Victim called and reported being victim of a robbery.

Suspect located still armed and refused many orders to drop the weapon. Attempts to deescalate not effective. Less- lethal and lethal force used.

6 2

Patrol Rifle
The victims reported that they were robbed via gun. A
search warrant was conducted at the suspect's residence in another Bay Area city. Arrest made and evidence seized.

X

3 Andros Remotec HD-1
Hazardous Duty Robot
Suspicious package left in front of Bank of America with Hong Kong postage. Robot used for initial approach to
ensure package is safe.

6 4 Patrol Rifle
Victim called and reported someone brandished him with a gun during an argument. Suspect located, but no gun found.

Victim later advised that he never saw a gun. Suspect
released on scene.

14 5 Patrol Rifle
Victim reported that his brother brandished him with a gun.

The suspect was located in a vehicle nearby. Victim
requested suspect be arrested.

4 6* 40MM Launcher

Officer witnessed a stabbing. Victim stabbed in neck.

Suspect ran from officers still armed with the knife. 40MM used to stop suspect. She stopped, but held onto knife.

Attempts to deescalate failed. Still non-compliant and with knife in hand, a sergeant snuck up behind the suspect and grabbed her hand and knife. Suspect arrested.

6

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7 Patrol Rifle,
Remington 700 Rifle,
LRAD, Diversionary
Device, FN303, 40mm
launcher, Recon Scout
XT
Special Response Team, search warrant on a shooting
suspect. Suspect arrested and evidence seized. 9
8 Patrol Rifle,
Remington 700 Rifle,
LRAD, Diversionary
Device, FN303, 40mm
launcher, Recon Scout
XT
Special Response Team, search warrant assist to outside agency. Suspect known to carry and sell firearms. Suspect later located by outside agency.
12 9 Patrol Rifle
Caller reported that someone was armed with a gun inside a store. The caller provided details on the gun and the
suspect. Suspect was located inside of the store and was identified as the same person by the caller. No gun was located. No arrest.
15 10 Patrol Rifle

Victim reported that her vehicle was stolen. Investigations lead to the service of a search warrant by investigators at the location the suspects were residing. Suspects located and arrested
8 11 atrol Rifle

Victim reported that the suspect forcibly entered her RV armed with a handgun and attempted to rape her. Search
warrant served for suspect in another Bay Area city. Suspect arrested
X
12 Patrol Rifle,
Remington 700 Rifle,
LRAD, Diversionary
Device, FN303, 40mm
launcher, Recon Scout
XT
Special Response Team, search warrant conducted in
another Bay Area city on a Berkeley shooting suspect.

Suspect attempted to flee, but was stopped and arrested. A loaded-fully-automatic pistol was located.

X
13 Patrol Rifle

Multiple witnesses reported a drive-by shooting into a
vehicle near a park. The victim later reported that the suspect fired multiple rounds at their vehicle for no
apparent reason. A search warrant was conducted at the
suspect's residence by investigators. Suspect located and three guns seized for evidence.

11 14
Patrol Rifle,
Remington 700 Rifle,
LRAD, Diversionary
Device, FN303, 40mm
launcher, Recon Scout
XT
Special Response Team, search warrant assist to an outside agency on murder suspect. Suspect not located but evidence collected.
9

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15 Andros Remotec HD-1
Hazardous Duty Robot
Employees at a business reported a disturbance. The
employee pointed the suspect out to the officer. Officer contacted suspect and his friend in a stolen car. One of them had an improvised explosive device in his pocket. Both
arrested. Bomb squad relocated the device to a safe location and utilized robot for "render safe procedure."
15 16
Patrol Rifle,
Remington 700 Rifle,
LRAD, Diversionary
Device, FN303, 40mm
launcher, Recon Scout
XT
Special Response Team, search warrant on a shooting
suspect. Suspect arrested and evidence located. 14
17 Patrol Rifle
Officers recognized a vehicle that was involved in a
carjacking via gun and several other armed robberies in Berkeley. The car failed to stop for the police. The vehicle was eventually stopped after a lengthy pursuit. Patrol rifles deployed. Suspects arrested.
14 18 Patrol Rifle
Victim employee reported that someone brandished a
firearm at him after an argument inside of a liquor store.

The suspect was located down the street. Patrol rifle
deployed. Suspect was detained. He was identified by the employee as the suspect. Surveillance video showed the
suspect pointed the gun at the employee. Gun was later
located and suspect arrested.
8 19
Patrol Rifle,
Remington 700 Rifle,
LRAD, Diversionary
Device, FN303, 40mm
launcher, Recon Scout
XT
Special Response Team, search warrants on suspects
residences who were involved in a daytime gun battle.

Suspects arrested. Assault rifles located.
14 20 40MM Launcher
Community member reported a man having a “psychotic
episode” and broke into an office. The man was naked and has prior history of smashing windows to use to harm
himself. 40mm deployed. Subject safely detained. Property manager of office did not want to prosecute man. Mental Health professionals requested by PD and placed subject on psychiatric hold.

13 21 40MM Launcher

Burglary in progress, community member locked the suspect inside a workshop full of tools. Subject is a known to resist and fight the police. Subject was detained without incident.

He was arrested and meth was located in his pockets. He later made suicidal statements and was placed on a
psychiatric hold.

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22* FN303 Launcher
BART PD requested emergency assistance. Mental Health
crisis, subject possession of knife refusing to drop. Verbal de-escalation attempts failed. Subject ran with knife still in hand. FN303 deployed and used, but had no effect. BART PD used taser which disarmed her. BARD PD placed subject on a psychiatric hold.

9 23 40MM Launcher

Officers responded to a residence after the caller reported a suspicious person prowling outside his house. As officers were at this house, they heard a female screaming from the house next door. A female came out of that house and
screamed, “Help! Someone call the police!” She reported that a man broke into her house with no pants on. Officers entered the house. 40mm deployed. The subject was
located and arrested.

11 24 Patrol Rifle,
40MM Launcher
Search warrant on sexual assault suspect who victimized a child. Suspect arrested and evidence seized.

1 25 Patrol Rifle,
40MM Launcher
Caller reported that a neighbor fired a gun while yelling threats to shoot. The subject cooperated with officers and exited his house and was detained. Further investigations showed no other neighbors heard gunshots. No firearms
were located. No arrest made.
9 26 40MM Launcher,
FN303 launcher
A caller reported a suspect pulling off a window to make entry inside. Officers arrived and the suspect locked himself inside of a room and did not comply with call out
commands. Unknown if armed with a weapon. Less-lethal
deployed but not used. Subject detained and arrested
without incident.
3 27 40MM Launcher
Multiple community members called the police about a
person who instructed her dog to bite the victim. Victim transported to hospital via ambulance from multiple
bites/puncture wounds. Victim pointed suspect out to
officers. Suspect refused to stop for the police and yelled at the officers causing the dog to lunge and try to bite officers. 40MM deployed. Mental health professionals were
requested. Suspect placed on psychiatric hold by MH. Out of custody charges requested.
6 28 Patrol Rifle
Officers responded to reports of an armed robbery (gun) and located a vehicle fleeing the area that matched the description of a get-away car for other armed robberies in Berkeley. A high-risk stop was conducted where one of the 3 suspects fled. Patrol rifle was deployed during the block search. Two suspects were arrested. Stolen items recovered. 8

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29 40MM Launcher,
Patrol Rifle

Caller reported multiple subjects inside a construction site after hours. Officers arrive and heard sawing items inside.

Burglary subjects failed to comply with commands,
barricaded, and hid during the search. Less-lethal was
deployed but not used. Burglary tools located, two arrested.

One suspect has extensive arrest history and a warrant for his arrest.

14 30 40MM Launcher
Responded for a medical call of a person badly cut (needed stitches) following a dispute. Officers had reasons to
believed it was possibly an assault with a deadly weapon.

Requested the 40mm on scene while contact was made with the involved party inside of residence where the assault may have occurred. Further investigation showed no domestic violence. No crime, no arrest made.
4 31 FN303 launcher,
40MM Launcher
Officers responded to victim’s call for help after being assaulted by her husband. Officers arrived on scene and deployed a 40mm and FN303 due to the suspect’s continued violent behavior. He was still breaking things in the house and yelling. Contact made with husband, husband arrested for domestic violence.
1 32* 40MM Launcher
Caller requested help with roommate who was “high on
drugs” yelling and causing a disturbance. Officers arrived and located the front door unlocked, blood in the living room, broken window, and incoherent speech coming from
a bedroom. Occupants including caller was evacuated for their safety while officers attempted to negotiate with subject to exit his room. Subject was naked, covered in blood and threatened to kill officers. Negotiations failed.

Subject did not comply with commands and was ultimately hit with 2 rounds from the 40 mm launcher. Officers were able to detain the subject and provide him with medical attention. He was transported to the hospital by the fire department and placed on a psychiatric hold. Illegal drugs were located in subject’s room. Out of custody charges requested.
6 33 FN303 launcher
Caller is social worker who requested a welfare check of her health client, a subject with a history of violence and history of fighting police. FN was deployed. Subject refused to speak to officers and grabbed several bricks and smashed them while screaming; there were children nearby that had to be escorted out of harm’s way. Negotiations not effective.

Subject tackled by own father. Subject detained, but
continued to fight. Mental Health professions responded and placed a psychiatric hold on subject.
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34 40MM Launcher
Caller reported ex-boyfriend had a knife and brandished it at him. While on phone with Dispatch caller yelled, “He’s got a knife!” All parties located and detained. No knife located and further investigation shows no criminal threats were made. 40MM was deployed during detention. No arrest.
13 35

Patrol Rifle,
FN303 launcher,
40MM Launcher
Highland Hospital reported a stabbing victim. Contact made with victim at hospital and she reported being stabbed at a specific location. Search warrant conducted at this location and less-lethal and patrol rifle deployed for service of search warrant. Suspect located and arrested for stabbing victim and puncturing victim’s lung.
10 36 Patrol Rifle,
FN303 launcher
Stolen vehicle was tracked by Officers. Stolen vehicle located abandoned by officer and suspect fled on foot into an
apartment. Rifle and less-lethal deployment during service of search warrant. Suspect arrested

16 37 Patrol Rifle
Caller reported a suspect armed with a gun threatened to kill him. Officers located the suspect and patrol rifle was deployed. Suspect detained and identified by victim as the same person who threatened him. No gun located, but
witnesses corroborated victim’s account of events and how the suspect had a gun. Suspect had an alter state of mind.

Psychiatric hold was placed on subject. Out of custody
charges requested.
15 38 Patrol Rifle
Caller reported armed subject in a vehicle waving a firearm around. Car and subject description provided by caller. Car and driver that matched description were located by an
officer. Patrol rifle deployed. Driver ordered out of car.

Caller identified the driver as the same person he saw with a gun. A realistic black Beretta BB gun located in the car.

Driver said he was shooting fish. Driver relinquished
ownership of BB gun. No arrest made.
12 39*
Patrol Rifle,
40MM Launcher,
FN303 launcher
Caller reported that a subject had hit his mother over the head with a saw-off shotgun. Victim sustained injuries to her head that required stiches. The suspect was reported as being agitated and was heard yelling on the phone by
dispatch. Officers arrived on scene and could still hear the suspect yelling. Victim/mother was contacted outside of residence. Subject still had access to the shotgun. Many attempts to deescalate and negotiate for the suspects
surrender failed. Subject was on the porch and refused to comply with orders. Patrol rifles and less-lethal deployed. 40mm and FN303 were utilized and caused suspect drop fall onto the ground. Subject immediately taken into custody.

Medical attention provided to all parties
16 40 Patrol Rifle,
40MM Launcher
Search warrant service on rape suspect. One officer wore rifle slung on body. One officer wore 40MM slung on body.

Suspect located and arrested
12

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41 40MM Launcher
Victim called and reported that a neighbor and brandished a knife at him. Victim wanted to press charges. Officers
arrived. Subject came out of his apartment and yelled at officers then went back in. 40mm deployed. Subject refused to come outside. Out of custody charges requested.
11 42 FN303 launcher
Caretakers called and reported a subject with a butcher knife chased caregivers who were attempting to bathe him.

Caretakers ran out of the house to call the police. Officers responded with FN303. Subject’s son was called to help
speak to subject who suffers from dementia. The son agreed to stay to help care for subject and help caretakers. No prosecution requested by caretakers. No injuries sustained by caretakers.
10 43
Patrol Rifle,
40MM Launcher,
FN303 launcher
Caller (ex-girlfriend) reported subject (ex-boyfriend) is suicidal and requested welfare check. Officers attempted a welfare check on a suicidal subject inside of his home. The subject told officers he was armed and told officers to leave.

Subject hands were not visible to officers. Threat was
deemed credible. Less-lethal systems and a Patrolp rifle were deployed. Negotiator attempted to negotiate for the subject to exit his residence, but failed. Subject said officers are going to force a confrontation with him. Subject not a threat to others and refused officer’s help. No crimes
committed. Officers left the area.
11 44 Patrol Rifle,
FN303 launcher
Officers responded to a call of a possible burglary. A patrol rifle and less-lethal were deployed to clear the building.

Suspect located and arrested burglary.
4 45 40MM Launcher
Caller is security and reported a subject was verbally
threatening staff and residents and assaulted security. Staff wanted him to leave. Subject is a known burglar and have fought officers in the past. Less-lethal deployed. Request subject to leave and he complied. No prosecution requested. 16 46 40MM Launcher
Caller (wife) reported subject (husband) had a knife and was threatening to kill himself. Caller was contacted outside of house while subject was still inside. 40MM deployed as
officers contacted subject. Subject located safely and placed on a psychiatric hold.
12 47 40MM Launcher
Caller (mother) reported subject (son) having a mental
health crisis. Caller reported the subject was armed with a knife and standing outside the house. 40mm deployed,
subject safely located and placed on 5150 hold.
12

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Below is a table that shows the total number of incidents a specified equipment was deployed in 2021. It should be noted that different types of equipment may be deployed in one incident and the same equipment may be deployed by multiple officers within a single incident.

EQUIPMENT Number of Incidents
Patrol Rifle 27
40MM Single Launcher 27
40MM LTL Multi-Launcher 0
FN 303 Launcher 16
FN Pava Impact Projectile 0
Oleoresin Capsicum Spray 0
Chlorobenzylidene Malononitrile and Oleoresin capsicum 0 Remington 700 Rifle 6
ReconRobotics Recon Scout XT Robots 6
Andros Remotec HD-1 Hazardous Duty Robot 2
Light/Sound Diversionary Device 6
Long Range Acoustic Device 6
36” Batons 0
Mobile Command Vehicle 0
Barret Model 99 0

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Below is a map showing where each of the above 44 equipment deployments occurred in Berkeley. 3 occurred in other Bay Area cities.

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Appendix:

Applicable Lexipol Policies Respective to Each Equipment

Patrol Rifle
• Policy 300 (Use of Force)
• Policy 349 (Tactical Rifle Operator Program)

40MM single launcher
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

40MM LTL multi-launcher
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

FN 303 Launcher & FN Pava rounds
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

Chlorobenzylidene Malononitrile and Oleoresin Capsicum (canister and spray) • Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)

Remington 700 Rifle
• Policy 300 (Use of Force)
• Policy 354 (Precision Rifle)

ReconRobotics Recon Scout XT Robots & Andros Remotec HD-1 Hazardous Duty Robot • Policy 708 (Robot Cameras)

Light/Sound Diversionary Device
• Policy 353 (Diversionary Device)

Long Range Acoustic Device
• Policy 707 (Long Range Acoustical Device)

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36” batons
• Policy 300 (Use of Force)
• Policy 303 (Control Devices and Techniques)
• Policy 428 (First Amendment Assemblies)

Mobile Command Vehicle
• Policy 811 (Mobile Command Vehicle (MCV))

Barret Model 99
• Policy 300 (Use of Force)
• Policy 354 (Precision Rifle)

Policy
709
Berkeley Police Department
Law Enforcement Services Manual
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The Berkeley City Council.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • 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. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• 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 firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Berkeley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Berkeley Police Department (Government Code § 7071). (e) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
• M4 rifle/Patrol Rifle
• Penn Arms 40MM Single Launcher
• Milkor LTL Multi-Launcher
• FN 303 Launcher & FN Pava Impact Projectile
• Oleoresin Capsicum Spray
• Chlorobenzylidene Malononitrile and Oleoresin capsicum • Remington 700 Rifle
• ReconRobotics Recon Scout XT Robots
• Andros Remotec HD-1 Hazardous Duty Robot
• Light/Sound Diversionary Device
• Long Range Acoustic Device
• Mobile Command Vehicle
• Barret Model 99

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 3 709.4.1 BERKELEY POLICE DEPARTMENT'S INVENTORY
Rifles and Associated Ammunitions
Rifle:

M4 Rifle (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Colt M-4 patterned rifle, which fires the.223 Remington cartridge Quantity: The Berkeley Department currently owns and maintains 96 rifles Capabilities: The M4 pattern rifle is used only in situations when a potential life-threatening situation exists. While a pistol is the common firearm used by police in these dangerous situations, the M4 patterned rifle has numerous advantages over it. The ability to shoulder the rifle, coupled with the rifle's lengthened barrel and ammunition, result in higher accuracy and lessens the chance of officers missing the intended target. Additionally, due to the design of the rifle's bullet, the round is less likely to over penetrate commercial and residential walls should the officer miss the intended target. The rifle is also easier to use compared to a pistol because of the bullet's low recoil. Finally, as the rifle can be adjusted and customized, it can be configured to accommodate officers of any stature (hand size, strength, etc.).

Lifespan:

Due to the rifle's ability to be maintained by department armorers, these rifles have a relatively long-life span if properly maintained. However, the design has changed little in the last 60 years and we can expect new variations and designs to become the new industry standard in the coming years.

Manufacturer's Description: This specially designed law enforcement weapon system features many of the combat proven advantages of the military Colt M4. With the 4-position buttstock fully retracted, the Colt Law Enforcement Carbine is less than 32in length and weighs only 6.9 lb - ideal for tactical deployment and traditional patrol.

PURPOSE and AUTHORIZED USE:

Purpose:

The M4 patterned rifle and associated ammunition is intended as a means to safely stop a lethal threat. While a pistol is the firearm that all officers are minimally equipped with, the rifle is an ancillary firearm for situations where increased distance and accuracy are needed to safely resolve the situation.

Authorized Uses:

Used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers.

FISCAL IMPACT:

Initial Cost:

Exact costs unknown. Rifle prices, like other firearms, will range depending on current market demand and availability. While M4 rifles purchased several years ago cost between $1,000

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 4 and $1,200 a piece, current rifles cost between $1,400 and $1,600. It should be expected that these prices will fluctuate and likely increase over time.

Annual cost: Cost of use for all firearms should be based on the ammunition used in training and on duty. This will fluctuate based on whether the rifle is issued to a patrol officer, a firearms instructor, or a Special Response Team member as each assignment has different training requirements.

Training costs: Every officer that is authorized to carry a rifle on duty must attend a 16-hour CA POST approved rifle instruction course before being authorized to carry the rifle on duty. This course may be administered by Berkeley Police Firearm Instructors or by other POST approved agencies. Tuition for the CA POST approved class is dependent on the hosting agency. If conducted in house the cost only includes the officer's hourly wage, range fee, and ammunition costs (all vary). Outside agencies charge between $25 to $500 depending on the range location and duration (some classes are 32-hours while POST only requires 16-hours.) Additionally, all officers issued a rifle receive specific 8-hour rifle training every two years by POST certified BPD firearm instructors.

Maintenance costs: Vary depending on use over time. Traditionally, various springs and pins need to be replaced every five years and may cost between $3 and $30 per rifle. Other parts such as the barrel and bolt need replaced around ten years and range between $150 and $300 per rifle.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, and Policy 349 Tactical Rifle Operator Program. The use of this equipment shall comply with the authorizations and prohibitions set forth in Policy 300 – Use of Force. It is the policy of the BPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force including the provisions of Penal Code Section 13652.

TRAINING:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification.

Remington 700 Rifle (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type:

Remington 700 rifle, which fires the.308 caliber ammunition.

Quantity: The Berkeley Department currently owns and maintains 6 rifles Capabilities: The Remington 700 rifle, with the appropriate ammunition, training, and practice, is capable of consistent and highly accurate shooting out to a distance of approximately 500-yards.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 5 The Remington 700 is intended to be used in emergency situations where there is a high potential for violence, where the need exists to put distance between officers and a specific individual, such as an armed hostage situation.

Lifespan:

The Remington 700 bolt-action rifles have an expected life span of 10-years if properly maintained.

Manufacturer's Description: The Model 700 SPS Tactical is a highly maneuverable member of the family. It's built for tack-driving accuracy with a 20" heavy-contour tactical-style barrel and dual- point pillar bedding in its black synthetic stock. Hogue® overmoldings on the stock facilitate sure handling, and it has a semi-beavertail fore-end for added stability off a rest.

PURPOSE and AUTHORIZED USE:

Purpose:

This rifle is to be used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers. This rifle provides police with the benefit of adding distance to a volatile situation which can increase the safety for community members and officers.

This rifle is an ancillary firearm for situations where increased distance and accuracy is needed to safely resolve the situation.

Authorized Uses:

Used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers.

FISCAL IMPACT:

Initial Cost:

The initial cost to purchase this rifle with its associated components is approximately $10,000 dollars each. Their average life span is 10-years at which time it will likely need to be replaced.

Annual cost: If this rifle is not cared for or maintained well, then a potential financial adverse impact would be the premature purchasing of a replacement rifle or replacement parts. However, authorized and trained Berkeley Police armorers service and provide regular maintenance of the rifles. The cost of maintenance is staff time.

Training costs: The cost associated with training is the staff time, range fees, and cost of spent ammunition. SRT members train once a month and, on average, each member shoots approximately 50-rounds. Currently, there are only 4 members shooting at each training day. This equates to approximately 2,400 rounds of ammunition being fired per year. This does not include special training days or attendance to training schools/classes. A single box of 20-rounds costs approximately $20-dollars or $1 dollar per round.

Maintenance costs:

Maintenance costs vary depending on use over time. Firing pins need to be replaced every 5 to 7 years. The maintenance cost associated with this rifle is minimal.

There are no costs associated with maintenance or storage of ammunition. All ammunition is stored in a climate-controlled room in the Berkeley Police Department.

LEGAL AND PROCEDURAL RULES:

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 6 Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force. The use of this equipment shall comply with the authorizations and prohibitions set forth in Policy 300 – Use of Force, Policy 354-Precision Rifle. It is the policy of the BPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force including the provisions of Penal Code Section 13652.

TRAINING:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification.

Barret Model 99 Rifle (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type:

The Barrett Model 99 rifle is a single shot bolt-action 50-caliber rifle Quantity: The Berkeley Department currently owns and maintains 1 rifle.

Capabilities: This rifle is used only in situations where a potential life-threatening situation exists.

The length of the rifle's barrel coupled with the ammunition result in precision accuracy. This rifle is capable of disabling any vehicle engine block because of the large caliber round.

Lifespan This rifle has been in our possession for almost 15-years and we expect it to last for an additional 20 years or more considering how in-frequently it's used.

Manufacturer's Description:

The Model 99 brings new levels of long-range precision shooting.

Known as much for its dependability as its versatility, the Model 99 has unfailing accuracy you can rely on.

PURPOSE and AUTHORIZED USE:

Purpose:

The Barrett rifle is a firearm that may be used to stop a vehicle which poses a lethal threat to the public, or to disable a vehicle which presents a threat to the safety of another person(s) by its continued use. There are vehicle disabling tools that may disable vehicles by slowly deflating the tires; however, even with tires deflated a vehicle has the ability to operate and remain a threat to the public. Furthermore, these tools must be hand deployed and, in most circumstances, require officers to expose themselves to deadly threats. The Barrett rifle creates the ability to effectively disable vehicles instantaneously from a distance away.

Authorized Uses:

Used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers.

FISCAL IMPACT:

Initial Cost:

The Barrett Model 99 50-caliber rifle has a retail cost of approximately $12,500 dollars. The Department of Justice provided the Barrett rifle to the Berkeley Police Department on 04/04/2007. There was no initial cost related to BPD taking possession of it.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 7 Annual cost: The annual cost of the equipment is minimal and includes ammunition expenditure, cleaning equipment, and possibly replacing the optics at some point in the future.

Training costs: The cost associated with training is the staff time, range fees, and cost of spent ammunition.

The costs associated with its proposed uses is in the expenditure of its ammunition. The ammunition has a retail cost of approximately $6 dollars per bullet; $60 for a box of 10 and $600 for a case of 10 boxes, plus shipping and handling. We currently possess 100 rounds of BMG ammunition.

Maintenance costs:

Maintenance costs vary depending on use over time and will vary. There are no costs associated with maintenance or storage of ammunition. All ammunition is stored in a climate-controlled room in the Berkeley Police Department.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, and Policy 354 Precision Rifle. The use of this equipment shall comply with the authorizations and prohibitions set forth in Policy 300 – Use of Force. It is the policy of the BPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force including the provisions of Penal Code Section 13652.

TRAINING:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification.

RIFLE AMMUNTION:
.223 Remington ammunition: 55 grain FMJ (full metal jacket) for training purposes and 62 grain soft point for duty purposes. (Use in the Colt M4 Rifle) (Description, purpose/authorized use, fiscal impact, legal and procedural, and training) Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type:.223 Remington ammunition: 55 grain FMJ (full metal jacket) .223 Remington ammunition 62 grain soft point for duty purposes Quantity: Quantity of rifle ammunition fluctuates significantly depending on training attended, including the standard basic police academy, officer assignments, and yearly mandate training cycles. For example, most police academy recruits are required to bring approximately 1,000 rounds to the basic POST approved academy. Most academies have a 16-24-hour rifle training course. The training is required for all officers who are issued a rifle and mandates between 800 and 1,200 rounds. As such, the inventory at the Berkeley Police Department fluctuates significantly depending on how many officers are attending state mandated training and can range from 10,000

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 8 round (our current inventory) to less than 1,000 rounds (our anticipated inventory at the end of December after scheduled department training in November.) Capabilities: The.223 Remington cartridge, depending on the weight of the bullet, 55 grain or 62 grain, travel at approximately 3,000 feet per second and 2,700 feet per second respectively. The round is highly regarded as having a high degree of consistency and accuracy, which is why it is the most common rifle round used in Law Enforcement around the world.

Lifespan Like all ammunition, if kept cool and dry, ammunition lifespan can exceed ten years. Due to BPD's and State mandates on training, the majority of ammunition is cycled through within a year of purchase.

Product Description:
.223 Remington ammunition: 55 grain FMJ (full metal jacket) Make sure you hit your target with the Winchester USA.223 Rem 55-Grain Full Metal Jacket Ammunition. The full metal jacket ammunition features a 55 grain weight and includes 200 rounds.

The caliber is.223 Rem, and the ammunition is made in the USA. .223 Remington ammunition 62 grain soft point
Federal TRU 223 ammo is custom made ammunition for the Urban Law Enforcement Officer in mind. It features a lead core Hi Shock Soft Point bullet which offers great stopping power and excellent penetration, a non corrosive primer and brand new never fired brass casing and nickel plated brass primer. This LE Tactical ammo can be reloaded up to 5 times for those shooters that reload their 223 ammo. Federal LE 223 Remington has a muzzle velocity of 3050 feet per second and a muzzle energy of 1281 ft lbs. This 223 Federal ammo is new production packaged in 20 round boxes and 200 rounds per case. Federal TRU ammunition is engineered using Mil-Quality specifications. Each Federal TRU cartridge is made using select mil-quality low flash powders that do not disrupt an officer's night vision. The TRU case and web are built using thicker brass, adding the extra strength needed for the high powered rifle. TRU primers are crimped for added holding ability. This virtually eliminates backed out primers that can lock-up your weapon. With TRU ammunition, potentially disastrous situations are greatly reduced. TRU bullets are specifically engineered ranging from fragmenting designs for tactical entry to deeper penetrating bullets for patrol.

PURPOSE and AUTHORIZED USE:

Purpose: This rifle ammunition is capable of incapacitating an individual from a distance and providing greater accuracy at a distance. This ammunition is used in the M4 rifle.

Authorized Uses: Used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers.

FISCAL IMPACT:

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 9 Initial Cost: Ammunition costs fluctuate with the costs of components (brass, primers, gunpowder, and bullets) and supply/demand. Current costs for.223 Remington range from $0.50 to $0.75 a round for training ammunition (55 grain) and $1.25 to $1.50 a round for duty ammunition (62 grain).

Annual cost: The annual cost of the equipment is minimal, and is dependent on the amount of training.

Training costs: The cost associated with training is the staff time, range fees, and cost of spent ammunition.

Maintenance costs: Maintenance costs vary depending on use over time and will vary. There are no costs associated with maintenance or storage of ammunition. All ammunition is stored in a climate-controlled room in the Berkeley Police Department.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, and Policy 349 Tactical Rifle Operator Program. The use of this equipment shall comply with the authorizations and prohibitions set forth in Policy 300 – Use of Force. It is the policy of the BPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force including the provisions of Penal Code Section 13652.

TRAINING:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification.

Hornady.308-caliber ammunition (for the Remington 700 Rifle) (Description, purpose/authorized use, fiscal impact, legal and procedural, and training) Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Hornady.308-caliber ammunition
Quantity: The Berkeley Department currently possess approximately 1800 rounds of this ammunition.

Capabilities: This rifle ammunition is capable of incapacitating an individual or disabling an object in emergency situations where there is a high potential for violence, where the need exists to put distance between officers and a specific individual, such as an armed hostage situation. This ammunition is specifically designed for accuracy at distances of 500 yards.

Lifespan Like all ammunition, if kept cool and dry, ammunition lifespan can exceed ten years. Due to BPD's and State mandates on training, the majority of ammunition is cycled through within a year of purchase.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 10 Manufacturer's Description: Millions of successful hunts have proven the accuracy and deadly effect of the famous Hornady ® InterLock, ® SST, ® InterBond ® and CX™ bullets we load into Hornady® Custom™ rifle ammunition.

Every round of Hornady ® Custom™ ammunition is hand inspected before packaging to ensure the highest levels of quality control. At Hornady,® we manufacture Custom™ ammunition to give shooters and hunters the advantage of handloaded accuracy in a factory load.

PURPOSE and AUTHORIZED USE:

Purpose: This rifle ammunition is capable of incapacitating an individual from a distance of 500 yards and providing greater accuracy at a distance. This ammunition is used in the Remington 700 rifle.

Authorized Uses: Used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers.

FISCAL IMPACT:

Initial Cost: The costs associated with its proposed uses is in the expenditure of its ammunition.

The ammunition has a retail cost of approximately $1 dollars per bullet; $20 for a box of 20, plus shipping and handling. We currently possess 1800 rounds of BMG ammunition, $1800.

Annual cost: The annual cost of the equipment is minimal, and is dependent on the amount of training.

Training costs: The cost associated with training is the staff time, range fees, and cost of spent ammunition.

Maintenance costs: Maintenance costs vary depending on use over time and will vary. There are no costs associated with maintenance or storage of ammunition. All ammunition is stored in a climate-controlled room in the Berkeley Police Department.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, and Policy 354 Precision Rifle. The use of this equipment shall comply with the authorizations and prohibitions set forth in Policy 300 – Use of Force. It is the policy of the BPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force including the provisions of Penal Code Section 13652.

TRAINING:

Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification.

Summit Ammunition.50-caliber BNG rounds of ammunition (for the Barrett Model 99) (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 11 Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Summit Ammunition.50-caliber BNG rounds of ammunition Quantity: The Berkeley Department currently possess approximately 100 rounds of this ammunition.

Capabilities: This rifle ammunition is capable of disabling any vehicle engine block because of the large caliber round.

Lifespan Like all ammunition, if kept cool and dry, ammunition lifespan can exceed ten years. Due to BPD's and State mandates on training, the majority of ammunition is cycled through within a year of purchase.

Manufacturer's Description: This is 50 Cal. BMG Summit Ammunition 700gr. M-2 Armor Piercing Ammo. Summit Ammunition has been manufacturing 50 Cal. BMG for over 10 years and they manufacture a premium quality product. They are a fully licensed and insured manufacturer.

This ammo is loaded with NEW Winchester brass, New USGI powder and Pulled Lake City M-2 AP bullets.

PURPOSE and AUTHORIZED USE:

Purpose: This rifle ammunition is capable of disabling any vehicle engine block because of the large caliber round.

Authorized Uses: Used in the defense of life or great bodily injury to potential victims of violent crimes, general public, and officers.

FISCAL IMPACT:

Initial Cost:

Annual cost: The annual cost of the equipment is minimal.

Training costs: The cost associated with training is the staff time, range fees, and cost of spent ammunition.

Maintenance costs: Maintenance costs vary depending on use over time and will vary. There are no costs associated with maintenance or storage of ammunition. All ammunition is stored in a climate-controlled room in the Berkeley Police Department.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, and Policy 354 Precision Rifle. The use of this equipment shall comply with the authorizations and prohibitions set forth in Policy 300 – Use of Force. It is the policy of the BPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force including the provisions of Penal Code Section 13652.

TRAINING:

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 12 Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification.

Robots:

ReconRobotics Recon Scout XT (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: ReconRobotics Recon Scout XT
Quantity: The Berkeley Department currently owns and maintains 2.

Capabilities The Recon Scout XT robot is designed to be able to crawl over a variety of terrain, clearing obstacles up to 2" (5 cm) tall. It could be thrown into hazardous situations, indoor and outdoor, and provide live audio and video feed back to the controller.

Lifespan: Both Recon Scout XT robots are over 10 years old and ReconRobotics have developed and manufactured more advanced robots. ReconRobotics have stopped manufacturing certain parts for the Recon Scout XT, so the lifespan is dependent on what parts need to be replaced.

Manufacturer's Description: The Recon Scout XT is just eight inches long and weighs just 1.3 lbs., making it extremely easy to carry and throw. Moreover, deploying the Recon Scout XT takes just 5 seconds, and using it requires no special training. Simply pull the activation pin and throw the device through a doorway or over a wall, or drop it down a vertical shaft using a tether. Using a single joystick on the operator control unit (OCU), a tactical team leader or warfighter can then direct the device to move through the environment and send back real-time video. Equipped with an infrared optical system that automatically turns on when the ambient light is low, the Recon Scout XT can transmit video up to 100 feet indoors and 300 feet outdoors, day or night. The Recon Scout XT may also be specified in any of three transmitting frequencies, allowing police and military personnel to operate up to three robots in the same environment at the same time.

PURPOSE and AUTHORIZED USE:

Purpose: The Recon Scout XT robot is intended to safely provide police officers valuable information during high-risk, rapid evolving situations via real-time audio and video footage. It can be driven a distance away from the OCU, creating space between the officer and potential danger, thus decreasing the likelihood of injury to those involved in the event, or even a violent encounter between police officers and a dangerous subject. This asset furthers our commitment to the sanctity of life by offering time and distance in critical incidents.

Authorized Uses: The Recon Scout XT robot may be deployed to help police officers safely view potentially dangerous environments before entering them.

FISCAL IMPACT:

Initial Cost: The initial cost for the Recon Scout XT robot was about $12,500 per unit (2010 cost).

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Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 13 Annual cost: There are no ongoing or annual costs associated with the use of the Recon Scout XT robot. Being that it is battery operated, there is a nominal cost associated with charging the Recon Scout XT robot's batteries, and the batteries of the OCU. The Recon Scout XT robot is fairly simple to operate, thus there is no cost associated with training officers in its use. There are no costs with transportation or storage of the Recon Scout XT robot. While there are newer models of this robot available, there does not appear to be any upgrades available for the Recon Scout XT. The Recon Scout XT robot has been damaged on occasion, and there are costs associated with repair. But generally, the Recon Scout XT robot is robust and does not need regular repair.

Training costs: The Recon Scout XT robot is user friendly and simple to operate. Training is conducted by Berkeley Police personnel familiar with the operations and procedures of the Recon Scout XT robot. The cost of training is staff time.

Maintenance costs: There are no annual or storage costs.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 708 Robot Cameras.

TRAINING:

Andros Remotec HD-1 Hazardous Duty Robot (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Andros Remotec HD-1 Hazardous Duty Robot
Quantity: The Berkeley Police Department Bomb Squad has one robot, the Remotec HD-1 robot.

Capabilities Remotec HD-1 robot is used in situations where a potential life-threatening situation exists and is too hazardous for a bomb technician to approach in person. The Remotec HD-1 robot is also used to survey an area prior to a bomb technician approaching a scene to check for trip wires and ascertain a good approach path. The Remotec HD-1 robot has three cameras and audio monitoring that stream live video and audio back to the control module; however, it is unable to record and does not have any data storage capabilities. It has several attachment mounting options as well. The Remotec HD-1 robot also has the ability to carry a variety of tools.

Some of the tools are:
(a) A spike to break glass and access vehicles or homes with potential explosive devices inside
(b) An X-ray mount in order to remotely X-ray suspected explosive devices. (c) Percussion actuated non-electric disruptors which are smooth barrels that are filled with water and fired at high speed with a blank shotgun round to open backpacks, suitcases, and packages from a distance
(d) A hook with cutting blades that are used to cut backpack straps, ropes, etc.

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Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 14 (e) PAN rounds containing various fills, from sand to slugs, in order to open sturdier packages made from metal or other hard covers.
(f) Electrical connections to connect explosives that can be detonated remotely and from a safe distance.

Lifespan: The Remotec HD-1 robot has an expected life span of 10 years. It is currently 13 years old and has begun exhibiting issues. The Remotec HD-1 robot weighs just over 200 lbs. and has been near multiple explosions over the years and crossed a variety of off-road terrain Manufacturer's Description: The Remotec ANDROS fleet of hazardous duty unmanned vehicles is the preferred choice of first responders worldwide. The robust, mission-proven design of the ANDROS line keeps danger at a distance with:
• Simultaneous tool mounts for rapid response during dynamic missions (i.e. suits changing needs as the mission unfolds)
• A versatile array of two-way audio, video, advanced sensors, tools and controllers • Easy maintainability for minimal downtime
Made in the USA and backed by world-class training and post-sale support, it's no wonder there are over 1,000 ANDROS robots deployed around the globe.

PURPOSE and AUTHORIZED USE:

Purpose: The Remotec HD-1 robot is used as a means to approach hazardous situations where a potentially lethal threat such as an explosive device exist. The Remotec HD-1 robot allows for the examination and manipulation of an object or potential explosive device without unnecessarily putting a bomb technician's life at risk.

Authorized Uses: Used to examine and possible destroy hazardous materials such as an explosive device.

FISCAL IMPACT:

Initial Cost: Procured in 2008 for $214,496 including on-site training through a UASI Grant. (64,292-N.S.)
Annual cost: There is no annual cost. Maintenance of the Remotec HD-1 robot is conducted by Berkeley Police Bomb Technicians.

Training costs: Berkeley Police Bomb Technicians are trained during regular bomb squad training sessions and maintain their skills through training scenarios. The cost of training is limited to staff time.

Maintenance costs: Remotec offers occasional maintenance and upkeep workshops free of charge.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 708 Robot Cameras.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 15 TRAINING:

Less Lethal Launchers:

Penn Arms 40mm Single Launcher (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Penn Arms 40mm Single Launcher
Quantity: The Berkeley Department currently owns and maintains 20.

Capabilities: The Penn Arms single launcher is capable of firing a single projectile out to a maximum manufacturer recommended range of 45 meters. The Penn Arms 40mm projectiles are direct fire with a pliable "sponge" tip designed to mold to the body. The projectiles are about the size of a large egg. Upon impact, the projectile transfers kinetic energy to the body to gain pain compliance. Large muscle groups such as the upper legs or lower abdomen are approved target areas unless a higher level of force is justified. This level of force is considered to be similar to that of a baton strike.

Lifespan The manufacturer expected lifespan is about 10 years depending on use and regular maintenance.

Manufacturer's Description: A 40mm compact single-shot break-open frame launcher with a rifled barrel and folding stock. Features include: Double-action trigger, trigger lock push button and hammer lock safeties.

PURPOSE and AUTHORIZED USE:

Purpose: The purpose of kinetic energy impact projectiles, commonly referred to as "less lethal" is to preserve life, minimize the use of force and allow time for de-escalation. Less lethal projectiles allow the user to maintain a safe distance from a subject who is armed and/or demonstrates the intent to be violent. The ability to maintain a safe distance – while still providing a level of control over the subject – allows officers to employ de-escalation techniques, request additional resources and develop a plan to safely resolve the situation with the least amount of risk.

Violent or armed confrontations are inherently dangerous to all those involved. Officers are required to make split second judgments in circumstances that are tense, uncertain and rapidly evolving. An Officer's threat perception of a person who is in close proximity as opposed to a person who is at a distance of 20 yards is naturally different. A person in close proximity intent on violence has the ability to immediately utilize personal body weapons, a bludgeoning device or cutting instrument. The immediacy requires the Officer to react instantly and there is a greater potential that a higher level of force will be needed.

On the other hand, a person at a distance of 20 yards may not be perceived as having the immediate ability to violently attack the Officer. The person must first close the distance before

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Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 16 certain weapons can be utilized. This fact may allow the Officer time to decide the most appropriate course of action, such as the use of a "less lethal" projectile.

The projectiles are designed to provide a high level of accuracy which minimizes the risk of unwanted impacts. The ability to apply force from a distance reduces the potential for violent confrontation and aides in reducing the level of force needed to safely resolve a conflict.

Authorized Uses: The Penn Arms 40mm single launcher is designed to reduce the potential for a violent confrontation. Less lethal projectiles are less likely to result in serious bodily injury or death and can be used to de-escalate a potentially deadly situation.

FISCAL IMPACT:

Initial Cost: Less lethal prices, like other equipment, varies depending on market demand and availability. The most recent Penn Arms purchased by the department cost $815.00 each.

Annual cost: Cost for Penn Arms single launcher use should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Training costs Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely handled in house thus the cost only includes staff time, range fees, and projectile costs which all vary.

Maintenance costs: Maintenance costs vary depending on use. Generally, various springs and pins need to be replaced every 5 years which can cost $3 to $30.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, Policy 303 Control Devices, and Policy 428 First Amendment Assembly.

TRAINING:

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows.

Milkor LTL Multi-launcher (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Milkor LTL Multi-launcher
Quantity: The Berkeley Department currently owns and maintains 2.

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Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 17 Capabilities: The Milkor LTL is capable of firing six 40mm projectiles before reloading is necessary.

The Milkor LTL 40mm projectiles are direct fire with a pliable "sponge" tip designed to mold to the body. The projectiles are about the size of a large egg. Upon impact, the projectile transfers kinetic energy to the body to gain pain compliance. Large muscle groups such as the upper legs or lower abdomen are approved target areas unless a higher level of force is justified. This level of force is considered to be similar to that of a baton strike.

Lifespan The manufacturer expected lifespan is about 10 to 15 years depending on use and regular maintenance.

Manufacturer's Description: Developed with our partner company, Abrams Airborne Manufacturing, The 40mm Multi-Shot Less-Lethal Tactical Launcher (LTL) was manufactured with the needs of the modern tactical team at the forefront. The launcher is capable of firing a wide variety of 40mm LTL ammo.

PURPOSE and AUTHORIZED USE:

Purpose: The purpose of kinetic energy impact projectiles, commonly referred to as "less lethal" is to preserve life, minimize the use of force and allow time for de-escalation attempts. Less lethal projectiles allow the user to maintain a safe distance from a subject who is armed and/or demonstrates the intent to be violent. The ability to maintain a safe distance – while still providing a level of control over the subject – allows officers to employ de-escalation techniques, request additional resources and develop a plan to safely resolve the situation with the least amount of risk.

Violent confrontations are inherently dangerous to all those involved. Officers are required to make split second judgments in circumstances that are tense, uncertain and rapidly evolving. An Officer's threat perception of a person who is in close proximity as opposed to a person who is at a distance of 20 yards is naturally different. A person in close proximity intent on violence has the ability to immediately utilize personal body weapons, a bludgeoning device or cutting instrument.

The immediacy requires the Officer to react instantly and there is a greater potential that a higher level of force will be needed.

On the other hand, a person at a distance of 20 yards may not be perceived as having the immediate ability to violently attack the Officer. The person must first close the distance before such weapons can be utilized. This may allow the Officer time to decide the most appropriate course of action, such as the use of a "less lethal" projectile.

The "less lethal" projectiles utilized by the Berkeley Police Department are generally considered discriminate versus indiscriminate uses of force. The projectiles are designed to provide a high level of accuracy which minimizes the risk of unwanted impacts. The ability to apply force from a distance reduces the potential for violent confrontation and aides in reducing the level of force needed to safely resolve a conflict.

Authorized Uses: The Milkor LTL multi-shot launcher is designed to reduce the potential for a violent confrontation. Less lethal projectiles are less likely to result in serious bodily injury or death and can be used to de-escalate a potentially deadly situation.

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 18 FISCAL IMPACT:

Initial Cost: Less lethal prices, like other equipment, varies depending on market demand and availability. The most recent Penn Arms purchased by the department cost $3950.00 each.

Annual cost: Cost for Penn Arms single launcher use should be based on the projectiles used in training and on duty. This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Training costs Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely handled in house thus the cost only includes staff time, range fees, and projectile costs which all vary.

Maintenance costs: Maintenance costs vary depending on use.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, Policy 303 Control Devices, and Policy 428 First Amendment Assembly.

TRAINING:

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows.

FN 303 and FN Pava Impact Projectile (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: FN 303 and FN Pava Impact Projectile
Quantity: The Berkeley Department currently owns and maintains 8 FN 303 less lethal launchers.

Capabilities: The FN 303 is capable of firing 15 projectiles out to a maximum manufacturer recommended range of 50 meters. The FN 303 projectiles are direct fire and designed to fragment upon impact to prevent penetration injury. Upon impact, the projectile transfers kinetic energy to the body to gain pain compliance. Large muscle groups such as the upper legs or lower abdomen are approved target areas. This level of force is considered to be similar to that of a baton strike.

Lifespan The manufacturer expected lifespan is about 10 years depending on use and regular maintenance.

Manufacturer's Description: The FN 303® Less Lethal Launcher is constructed from durable lightweight polymer with comfortable ergonomics and an easy to operate safety. The FN 303® Launcher is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top mounting rail for optical or electronic sights or other accessories. The lightweight polymer

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 19 magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining.

PURPOSE and AUTHORIZED USE:

Purpose: The purpose of kinetic energy impact projectiles, commonly referred to as "less lethal" is to preserve life, minimize the use of force and allow time for de-escalation attempts. Less lethal projectiles allow the user to maintain a safe distance from a subject who is armed and/or demonstrates the intent to be violent. The ability to maintain a safe distance – while still providing a level of control over the subject – allows officers to employ de-escalation techniques, request additional resources and develop a plan to safely resolve the situation with the least amount of risk.

Violent confrontations are inherently dangerous to all those involved. Officers are required to make split second judgments in circumstances that are tense, uncertain and rapidly evolving. An Officer's threat perception of a person who is in close proximity as opposed to a person who is at a distance of 20 yards is naturally different. A person in close proximity intent on violence has the ability to immediately utilize personal body weapons, a bludgeoning device or cutting instrument.

The immediacy requires the Officer to react instantly and there is a greater potential that a higher level of force will be needed.

On the other hand, a person at a distance of 20 yards may not be perceived as having the immediate ability to violently attack the Officer. The person must first close the distance before such weapons can be utilized. This may allow the Officer time to decide the most appropriate course of action, such as the use of a "less lethal" projectile.

The "less lethal" projectiles utilized by the Berkeley Police Department are generally considered discriminate versus indiscriminate uses of force. Discriminate projectiles are designed to provide a high level of accuracy which minimizes the risk of unwanted impacts. The ability to apply force from a distance reduces the potential for violent confrontation and aides in reducing the level of force needed to safely resolve a conflict.

Authorized Uses: The FN 303 is designed to reduce the potential for a violent confrontation. Less lethal projectiles are less likely to result in serious bodily injury or death and can be used to de- escalate a potentially deadly situation.

FISCAL IMPACT:

Initial Cost: Less lethal prices, like other equipment, varies depending on market demand and availability. The most recent FN 303s purchased by the department cost $800.00 each.

Annual cost: Cost for FN 303 use should be based on the projectiles used in training and on duty.

This will fluctuate based on department trainings, projectile availability and events that unfold in the city and surrounding region.

Training costs Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Firearm Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows. This class is largely

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Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 20 handled in house thus the cost only includes the officer's hourly wage, range fees, and projectile costs which all vary.

Maintenance costs: Maintenance costs vary depending on use. Generally, O-rings need to be replaced every 3000 rounds and cost $30 per kit.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, Policy 303 Control Devices, and Policy 428 First Amendment Assembly.

TRAINING:

Every officer authorized to deploy a less lethal launcher must pass a certification course administered by a Berkeley Police Department Firearms Instructor. The certification class consists of classroom, range qualification and scenario application if the venue allows.

Light/sound Diversionary Devices:

CTS 7290 Diversionary Device (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: CTS 7290 Diversionary Device
Quantity: The Berkeley Department currently owns and maintains 50.

Capabilities: When a diversionary device is deployed they create a loud noise, heat and brilliant light and create an effective diversion. They can create psychological and physiological effects such as: hearing a loud noise beyond that of everyday living, seeing a short bright light, and feeling of a change in atmospheric pressure. These effects may disorient/confuse subjects for a short time giving tactical teams the ability to apprehend that subject without using a higher level of force.

Lifespan The lifespan of the CTS 7290 Diversionary Device is 5 years.

Manufacturer's Description: The CTS 7290 is the standard for diversionary flash-bang devices.

The 7290 produces a 165-180 db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

Flash Bangs are used by special tactical units during hostage rescue and high-risk warrants. It is an ATF-controlled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals.

PURPOSE and AUTHORIZED USE:

Purpose: The purpose of a diversionary device is to create a reactionary gap of a person by temporarily disorienting them. This gap gives tactical teams an opportunity to apprehend a suspect

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 21 while using the minimal amount of force possible. They can also be used to safely invoke a response or redirect the attention of subjects who are either feigning injury, ignoring police commands or are unresponsive while posing a threat to the public.

Authorized Uses: The use of a diversionary device is to create a diversion in order to facilitate entry and enable arrest. Circumstances justifying the use of a diversionary device may include, but not limited to barricaded subject or hostage situations and high-risk search warrants services.

FISCAL IMPACT:

Initial Cost: Diversionary Devices cost approximately $45 per unit and are purchased through LC Action Police Supply. Purchases for these tools are made when inventory becomes low, based upon critical incident usage and Special Response Team trainings that incorporate live devices.

Annual cost: See below training cost.

Training costs Only trained and qualified personnel are permitted to deploy diversionary devices.

These trained Berkeley Police officers are typically members of the Berkeley Police Department Special Response Team who receive monthly training which includes training in the deployment of diversionary devices. The cost of training is staff time.

Maintenance costs: The majority of diversionary devices are stored inside of a room in the basement within the Police Department. There are no additional storage costs. There are no associated costs to transporting, maintenance, or upgrades.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 353 Diversionary Devices.

TRAINING:

Only trained and qualified personnel are permitted to deploy diversionary devices. These trained Berkeley Police officers are typically members of the Berkeley Police Department Special Response Team who receive monthly training which includes training in the deployment of diversionary devices.

Long Range Acoustic Device
The Long-Range Acoustic Device (LRAD)(Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: The Long Range Acoustic Device (LRAD)
Quantity: The Berkeley Department currently owns and maintains possesses 2 Long Range Acoustic Devices (LRAD) speakers. One is an LRAD 450XL and the other is an LRAD 100X.

Capabilities: Both of these speakers are able to focus sound in directional pattern allowing the user to make sound audible over distances much greater than conventional public address speakers.

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 22 The LRAD 450XL is the larger of the two and designed to either be used in a fixed location or mounted on a vehicle to make it portable. It has a usable range of approximately 1 mile. The LRAD 100X is smaller and more portable. It can be carried or mounted to a person's chest for mobility or mounted to a vehicle. Its range is approximately 1/3 of a mile. Both of these systems allow for clear long-range communication, they are also able to play recorded messages.

Lifespan The lifespan for both LRADs is 25 years.

Manufacturer's Description
LRAD 100x In addition to being 20 – 30 decibels louder than bullhorns and vehicle-based P.A. systems, the LRAD 100X is also up to 6X louder and much more intelligible than other hailing devices of comparable size and weight. Live or recorded broadcasts from the portable LRAD 100X easily overcome engines, sirens and noisy crowds to ensure every message is heard and understood. The LRAD warning tone safely alerts attention to the voice messages that follow, establishes large standoff zones, and is the safer crowd control alternative to non-lethal and kinetic measures.

LRAD 450XL- The LRAD 450XL utilizes technology developed and patented* by Genasys Inc. to provide the audio output of larger acoustic hailers almost twice its size and weight, while delivering the same outstanding vocal clarity inherent in all LRAD systems. The LRAD 450XL broadcasts powerful warning tones to command attention to the highly intelligible voice messages that follow, enabling operators to change behavior and enhance response capabilities with safe, scalable escalation of force. Lightweight and designed for use on tripods or mounted on vessels, vehicles, and Remote Weapon Stations (RWS), the LRAD 450XL is a highly effective, long range communication system in use around the world for public safety, law enforcement, maritime and defense applications.

PURPOSE and AUTHORIZED USE:

Purpose: The LRADs are designed for clear long-range communication. The LRAD's ability to communicate over a long distance is far superior to any megaphone or Public Address (PA) system mounted to a police vehicle. Additionally, LRAD's may be used to:
• Communicate lifesaving information to residents during disasters • Communicate to large crowds during parades, festivals, concerts and sporting events • Establish safety zones and perimeters
• Control traffic congestion
• Conduct Special Response Team operations
• Broadcast a dispersal order
• Communicate during hostage and barricaded subject situations • Announce and serve high risk warrants
• Communicate to protesters

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 23 • Communicate to persons threatening suicide who are in an inaccessible location • Conduct search and rescue operations
The ability to communicate with the public in a large area increases the safety of all members of the public and law enforcement. It allows everyone in a given area to know what is being communicated, gives more situational awareness to everyone in a given area and allows people to know where to go or not to go.

Authorized Uses: The LRADs are used to communicate with the community during natural disasters, crowd management and control situations, or when other forms of communications are ineffective or inoperable to unequivocally communicate messages from Police or Fire and safely resolve uncertain situations where communicating with the public is paramount.

FISCAL IMPACT:

Initial Cost: The LRAD 450XL and the LRAD 100X were purchased in 2018. The total cost for both LRADs, rechargeable battery packs and accessories was $49,999.

Annual cost: BPD has not incurred any additional cost to date for this equipment.

Training costs Training is conducted by Berkeley Police personnel who are trained in the use and procedures of the LRAD. The cost to train is staff time.

Maintenance costs:costs for this equipment.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 707 Long Range Acoustic Device.

TRAINING:

Training is conducted by Berkeley Police personnel who are trained in the use and procedures of the LRAD.

Mobile Command Vehicle
Mobile Command Vehicle (MCV)(Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: MCV is a 2003 Freightliner MT55
Quantity: The Berkeley Department currently owns and maintains 1.

Capabilities: The MCV is a mobile office that provides shelter and may be used as a mobile command and communication center.

Lifespan This vehicle is approximately 20 years old and is at the tail end of its serviceable lifespan.

All emergency vehicles need to be completely dependable and vehicles of this age start to lose

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 24 dependability as old parts start to fail without warning. The modern versions of this type of vehicle are typically converted motorhomes.

Manufacturer's Description
The 22' Freightliner MT55 P1200 is the biggest stepvan option for your delivery fleet, offering maximum capacity, accessibility and maneuverability. Built with a powerful Cummins 6.7L 200HP Diesel Motor, this route truck has folding lower shelves to optimize your cargo space and rear sonar for safety.

PURPOSE and AUTHORIZED USE:

Purpose: This vehicle may be used as a mobile command post for any larger scaled events or as a communications center in the event the communications center in the Public Safety Building is inoperable. Some examples of large-scale events include Solano Stroll, Juneteenth, 4 th of July, critical incidents or natural disasters.

Authorized Uses: This vehicle is used as a mobile command post for large scaled events.

FISCAL IMPACT:

Initial Cost: The initial cost of the MCV (2003 Freightliner MT55) was $230,800.

Annual cost: There is no annual or ongoing cost associated with this vehicle. Maintenance of the vehicle is conducted by the City's Corporation Yard.

Training costs Training is conducted in-house by Berkeley Police personnel who are trained in the operation of the vehicle. The training cost is staff time.

Maintenance costs: There are no storage costs and maintenance would be conducted by the City of Berkeley Corporation Yard.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 811 Mobile Command Vehicle.

TRAINING:

Training is conducted in-house by Berkeley Police personnel who are trained in the operation of the vehicle.

Chlorobenzylidene Malononitrile and Oleoresin Capsicum
Chlorobenzylidene Malononitrile (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type: Chlorobenzylidene malononitrile (CS)
Quantity: The Berkeley Department currently owns and maintains Inventory for CS canisters:

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Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 25 Qty 6 – 5230 CS Canisters
Qty 24 – 6230 CS Canisters
Qty 20 – 5230B CS Baffled Canister (flameless)
Qty 17 – 5231 CS Tri-Phaser Canisters
Qty 21 – 4630 CS Muzzle Blast (used with 40 mm less lethal launcher) Qty 4 – 4530 CS Impact Rounds (used with 40 mm less lethal launcher) Qty 19 – 4330 CS Barricade Projectile Rounds (used with 40 mm less lethal launcher) Capabilities: CS aerosols with microscopic particles which are potent sensory irritants becoming attached primarily to moist mucous membranes and moist skin. Common effects are: coughing, increased mucous secretion, difficulty breathing, skin reactions, and excessive salivation. The onset of symptoms typically occurs within 20 to 60 seconds, and if the exposed individual is placed in fresh air these effects generally cease in 10 to 30 minutes.

Lifespan CS and OC canisters expire in approximately 5 years.

Manufacturer's Description
Unable to locate. Chlorobenzylidene malononitrile (CS) is one of the most commonly used "tear gases" in the world. It can be liquid, gaseous, or solid substance intended to produce temporary discomfort through being vaporized or otherwise dispersed in the air. Law enforcement (LE) agencies have found this agent invaluable when faced with combative suspects, for crowd/riot control, and for alleviating barricaded subject situations. LE use it to help control individuals or groups without the need for a higher level of force. There are four different deployment methods of chemical agents (Aerosol - most commonly used by police departments, Fogging, Pyrotechnics, and blast expulsion). All methods of deployment can be affected by certain environmental and physical conditions (wind, rain, temperature, distance, and proximity to others). At standard daily temperatures and pressures, CS forms a white crystal with a low vapor pressure and poor solubility in water.

PURPOSE and AUTHORIZED USE:

Purpose: There are a variety of situations where peace officers may use chemical agents such as: self-defense, overcoming the resistance of a noncompliant individual, effecting an arrest, preventing escape, violent crowd or riot control, barricade or hostage situations and dealing with dangerous animals.

Authorized Uses: Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Chief of Police may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.

FISCAL IMPACT:

Initial Cost The cost for CS canisters ranges from $20.00 to $39.00 per unit.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 26 Annual cost: See below cost of training.

Training costs When purchased, each unit is given an expiration date which typically falls within a 2-3-year range. Every 2-3 years, new chemical agents are purchased to honor the expiration dates. The expired agents are then used during annual trainings thus minimizing the overall cost.

Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer. The cost of training is staff time.

Maintenance costs: The majority of agents are stored inside of a marked chemical agent room within the Police Department, in the Special Response Team vehicle, or in the rescue Vehicle.

There are no additional storage costs. There are no associated costs to transporting, maintenance, or upgrades.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, Policy 303 Control Devices, and Policy 428 First Amendment Assembly.

TRAINING:

Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer.

Oleoresin Capsicum (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)
Type:Oleoresin capsicum (OC)
Quantity: The Berkeley Department currently owns and maintains Inventory for OC canisters:

Inventory for OC canisters:

Qty 54 - 9440 OC Tear Ball
Qty 19 - 5440 OC Flameless
Qty 20 - 6340 OC Vaper
Capabilities: A person subjected to OC can expect heavy tearing due to a burning sensation, involuntary closing or blinking of the eyes, stinging skin sensation, redness of the skin, irritation of the nose, runny nose, salivation, cough, gagging sensation, and shortness of breath. A person may also experience anxiety and panic. A complete recovery usually takes place within 45-60 minutes depending on the level of exposure.

Both CS and OC canisters ca
Lifespan CS and OC canisters expire in approximately 5 years.

Manufacturer's Description

Berkeley Police Department
Law Enforcement Services Manual
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Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 27 Unable to locate. For this portion of the Impact Statement, Oleoresin capsicum (OC) will be referred to in the aerosol canister form. OC is the chemical agent that is most widely used amongst Law Enforcement (LE) and the general public. OC has a pungent and irritating pepper odor. It is classified as an inflammatory agent. OC is mixed with several types of solutions which act as carriers.

PURPOSE and AUTHORIZED USE:

Purpose: There are a variety of situations where peace officers may use chemical agents such as: self-defense, overcoming the resistance of a noncompliant individual, effecting an arrest, preventing escape, violent crowd or riot control, barricade or hostage situations and dealing with dangerous animals.

Authorized Uses: Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Chief of Police may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.

FISCAL IMPACT:

Initial Cost The cost for OC canisters ranges from $36.00 to $44.00 per unit.

Annual cost: See below cost of training.

Training costs When purchased, each unit is given an expiration date which typically falls within a 2-3-year range. Every 2-3 years, new chemical agents are purchased to honor the expiration dates. The expired agents are then used during annual trainings thus minimizing the overall cost.

Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer. The cost of training is staff time.

Maintenance costs: The majority of agents are stored inside of a marked chemical agent room within the Police Department, in the Special Response Team vehicle, or in the rescue Vehicle.

There are no additional storage costs. There are no associated costs to transporting, maintenance, or upgrades.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, Policy 303 Control Devices, and Policy 428 First Amendment Assembly.

TRAINING:

Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer.

Oleoresin Capsicum Spray (Description, purpose/authorized use, fiscal impact, legal and procedural, and training)
Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture)

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Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 28 Type:Oleoresin capsicum (OC) spray
Quantity: The Berkeley Department currently owns and maintains Inventory for OC canisters:

Qty 178 – First Defense MK-3 OC spray (3 ounces)
Most of the MK-3 OC sprays are issued to and maintained by individual officers; however, a small amount of these sprays is stored in a secured equipment room as spares in case of damage or new personnel issue.

Capabilities: The First Defense MK-3 OC sprays are standard issued to all police officers and are worn on the police officers' belt. It has an effective range of 10-12 feet. The larger First Defense MK-9 OC sprays are 13 ounces and are used in violent crowd situations. It has an effect range of 18-20 feet.

The use of the First Defense OC spray can render a dangerous and violent situation safe without using a higher level of force.

Lifespan Aerosol products eventually lose pressure over time. The lifespan of both the MK-9 and MK-3 OC spray are dependent on how well the pressure in the can is maintained, but is recommended to be replaced after 5 years.

Manufacturer's Description
The MK-4 is an ideal size for patrol officers to wear on a duty belt and will deliver 11-12 short bursts of OC at an effective range of 10-12 feet(18-20 for the MK9). This 1.3/% MC OC aerosol product features a 360-degree stream deliver method which allows the aerosol projector to disperse OC from any angle while providing a target specific, strong concentrated stream for greater standoff.

PURPOSE and AUTHORIZED USE:

Purpose: There are a variety of situations where officers may use OC spray such as: self-defense, overcoming the resistance of a noncompliant individual, effecting an arrest, preventing escape, violent crowd or riot control, barricade or hostage situations and dealing with dangerous animals.

Authorized Uses: OC spray may be considered for use to bring under control an individual or groups of individuals who are engaging in or about to engage in violent behavior. OC spray should not, however, be used against individuals or group who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public.

FISCAL IMPACT:

Initial Cost The MK-3 OC spray cost approx. $19 per unit and the MK-9 OC spray costs approx. $60 per unit. The manufacturer is Defense Technology and the Berkeley Police Department purchase each unit from Galls Police Supply or LC Action Police Supply. Purchases for these tools are made when inventory gets low which is typically determined by how many new officers are sworn in, as well as if they are utilized in dangerous situations.

Annual cost: See below cost of training.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 29 Training costs Training is conducted in the police academy and in-house by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer. The cost of training is staff time.

Maintenance costs: The majority of the MK-3 OC sprays are either stored within the Police Department or with each sworn police officer while they conduct official duties. All MK-9 OC sprays are stored in the basement. There are no additional storage costs or associated costs to transporting, maintain, or upgrade.

LEGAL AND PROCEDURAL RULES:

Authorized use must comply with state, federal laws, and Lexipol Policy 300 Use of Force, Policy 303 Control Devices, and Policy 428 First Amendment Assembly.

TRAINING:

Training is conducted by a Police Officer Standard Training (POST) certified Berkeley Police chemical agent training officer.
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (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 jurisdiction of this department. (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.
(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 above.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 30 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.6.1 TEMPORARY USE IN EXIGENT CIRCUMSTANCES
The Berkeley Police Department may borrow and/or temporarily use Controlled Equipment in Exigent Circumstances without following th requirements in BMC 2.100.040, however the Department must take the following actions:
(a) Provide written notice of the acquisitions or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state, or federal law (b) If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed Controlled Equipment Impact Report and Controlled Equipment Use Policy, as applicable, to the City Council within 90 days following the borrowing, acquisition or temporary use, and received approval, as applicable from the City Council pursuant to BMC 2.100.040
(c) Include the Controlled Equipment in the Department's next annual Controlled Equipment Report.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.9 MILITARY EQUIPMENT QUESTIONS
Any member of the public may direct their questions regarding this policy and ordinance to a Sergeant in the Professional Standards Bureau at 510-981-5734 or 510-981-5974. Concerns may also be directed to [email protected]. Questions will be answered in a timely manner by a member of the Berkeley Police Department.

Berkeley Police Department
Law Enforcement Services Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/28, All Rights Reserved.

Published with permission by Berkeley Police Department ***DRAFT*** Military Equipment - 31 709.9.1 MILITARY EQUIPMENT CONCERNS
Any member of the public may direct their concerns regarding this policy and any of the military equipment to Internal Affairs Bureau at 510-981-5706.
709.10 ASSOCIATED EQUIPMENT USE POLICIES
The below links will direct to the respective use policies:
300-Use of Force
303-Control Devices and Techniques
349-Tactical Rifle Operator Program
353-Flash/Sound Diversionary Devices
354-Precision Rifle Operator Program
428-First Amendment Assemblies
707-Long Range Acoustical Device (
LRAD)
708-Robot Cameras
811-Mobile Communications Vehicle (MCV)
709.11 COMPLIANCE
The Department's Audit and Inspection Sergeant will ensure that the Department members comply with this policy. The Audit and Inspection Sergeant will conduct an annual audit with the assistance from members of the Processional Standards Bureau. Any violations will be referred to the Internal Affairs Bureau and handled in accordance with General Order P-26 (Personnel Compliant Procedures). All instances of non-compliance will be reported to the City Council via the annual military equipment report.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

ACTION CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Paul Buddenhagen, Deputy City Manager
Subject: Vision 2050: Strategic Asset Management Plan and Asset Management Policy

RECOMMENDATION
Adopt a Resolution accepting the Strategic Asset Management Plan (SAMP) and approving the Asset Management (AM) policy.

FISCAL IMPACTS OF RECOMMENDATION
The SAMP is the first step in implementing a full Asset Management Program (AMP).

Staff and consultant resources will be required to implement the program, and staffing will be essential to maintain ongoing program needs. Funding to support the project will be requested in future budgets.

CURRENT SITUATION AND ITS EFFECTS
The Vision 2050 Task Force presented their report, Sustainable and Resilient Infrastructure, Creating a Better Future for Berkeley, and it was adopted by City Council on September 29, 2020. An important concept in the report is Strategy Two: Manage Infrastructure from Cradle to Grave, which recognized that the City not only needs to build more sustainable infrastructure, but that the infrastructure needs to be properly maintained over its useful life. More specifically, Strategy 2, task B recommended the development of an Asset Management Program. The first steps to implementing an AMP include the preparation of a Strategic Asset Management Plan and adopting an Asset Management Policy.

Strategic Asset Management Plan
A SAMP is a start to implementing a full AMP. The purpose of the SAMP is to develop policy guidance, review the City’s current maintenance practices, and prepare a roadmap of key initiatives for implementing a full AMP. Asset Management is a proactive process to ensure that the design, construction, maintenance, refurbishment, replacement, and disposal of physical assets are planned together to optimize cost and that the systems perform properly. The process is data-driven and includes preparing

Vision 2050: Strategic Asset Management Plan CONSENT CALENDAR and Asset Management Policy May 10, 2022

an asset inventory, assessing the condition of assets, risk assessment, and the pro- active repair and replacement of an asset over its useful life.

Much of Berkeley’s infrastructure was built before the Second World War, during the Great Depression, as the population grew. Both civic facilities and infrastructure systems are wearing out and require increasing maintenance and renewal. Aging infrastructure often also does not meet current or future requirements, whether safety standards, demand, or equity. The City is preparing a Capital Improvement Program (CIP), and the plan for FY2022 outlined a greater need for investments in our public infrastructure. The estimated additional funding need is over $1 billion. While this estimate is very high, known emerging issues will drive this estimate higher.

The importance of proper infrastructure maintenance funding is demonstrated by the at- risk condition of Berkeley’s streets. A Pavement Condition Index (PCI) is a scale from 0 to 100, where a score of 50 – 59 indicates “at-risk,” 60 – 69 indicates “fair,” and 70 – 79 indicates “good” street surface conditions. The City’s current PCI is 57, meaning the City’s streets are at the “at-risk” level and far short of the City’s goal of a PCI of between 70-79, as set in the updated Street Maintenance and Rehabilitation Policy (2022). At the City’s current annual street funding of approximately $7 million, the PCI will decrease another 6 points over the next five years (to a PCI of 51). To simply maintain the City’s PCI level, annual street funding must rise to approximately $15 million (or an additional $8 million). The SAMP conducts an asset-by-asset review of annual infrastructure maintenance funding and finds that streets are not the only asset with insufficient annual maintenance funding.

AMCL, the consultant retained by the City to prepare the SAMP, used an existing best practice methodology to assess Berkeley’s ‘Asset Management Maturity.’ A series of workshops were held with managers responsible for maintaining each of the City’s asset categories to understand the City’s current practices and their understanding of life cycle asset management principles. The City’s rating was “developing,” a common position for cities in the United States and the reason for making progress toward an AMP.

The SAMP proposed a ‘Roadmap’ of key initiatives, including necessary steps toward an effective AMP in the next two years. The components include:
 Prepare an Asset Management Policy for City Council adoption  Form an Asset Management team, consisting of a team leader and two program staff
 Form an Asset Management Steering Committee to guide the program implementation
 Provide consultant support resources
 Prepare the strategies, procedures and analyses to implement an AMP  Finish asset inventories and condition assessments
Asset Management Policy

Vision 2050: Strategic Asset Management Plan CONSENT CALENDAR and Asset Management Policy May 10, 2022

Staff proposes that Council adopt an Asset Management Policy to provide direction for maintaining our City’s infrastructure systems. The policy will be citywide but initially implemented in the Public Works and Parks, Recreation, and Waterfront departments.

This policy will support one of the key recommendations of the Vision 2050 report.

BACKGROUND
Berkeley’s streets, storm drains, sewers, and water lines date to the early decades of the 20th century. Critical systems that we depend on every day are simply wearing out.

Recent budgets were inadequate for infrastructure capital and maintenance needs, let alone modernizing them. Aging infrastructure is not only costly to maintain, but it doesn’t meet current or future requirements, leaving the community vulnerable to unplanned failure and service interruptions. For residents, workers, and businesses trying to go about their daily lives, this can translate to unsafe conditions, unexpected costs, and inequity between neighborhoods.

As we begin to grapple with Berkeley’s $1+ billion in deferred infrastructure maintenance, new challenges are emerging. The local impacts of global climate change are a significant threat to our aging infrastructure. Extreme storm events, wildfires, heatwaves, drought, and sea-level rise will challenge streets, pipes, and open spaces designed for a more benign environment. And all of this will be happening as we wait and prepare for the next major earthquake. If the city is to survive and thrive, these challenges must be confronted.

The Vision 2050 initiative was announced by Mayor Arreguin at his 2017 State of the City address to meet these challenges. Berkeley voters approved Measure R in November 2018. The measure asked: “Shall the measure, advising the Mayor to engage citizens and experts in the development of Vision 2050, a 30-year plan to identify and guide implementation of climate-smart, technologically advanced, integrated, and efficient infrastructure to support a safe, vibrant and resilient future for Berkeley, be adopted?” The response was a resounding yes. A residents’ task force of over 40 members was formed, and the group worked for 18 months to prepare a framework to modernize Berkeley’s infrastructure, which City Council adopted in September 2020.

On March 16, 2021, City Council held a budget workshop and gave input on the Vision 2050 implementation plan. The adopted budget included $400,000 for critical tasks of the implementation plan. If approved, this budget would enable the requisite pre-work leading up to the Council’s decision on whether to place an infrastructure-focused revenue measure or measures on the November 2022 ballot.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Implementing Vision 2050 would result in public infrastructure that is more resilient, creates fewer greenhouse gases, and reduces conflict between our built and natural environment.

Vision 2050: Strategic Asset Management Plan CONSENT CALENDAR and Asset Management Policy May 10, 2022

RATIONALE FOR RECOMMENDATION
Adopting the SAMP and AM policy will ensure that Berkeley’s infrastructure systems are properly planned and operated over their useful life.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered for this project.

CONTACT PERSON
Liam Garland, Public Works Director, (510) 981-6303

ATTACHMENT

1. Resolution to accept the Strategic Asset Management Plan and to approve the Asset Management policy
Exhibit A: Strategic Asset Management Plan
Exhibit B: Asset Management Policy

Vision 2050: Strategic Asset Management Plan CONSENT CALENDAR and Asset Management Policy May 10, 2022

RESOLUTION NO. ##,###-N.S.

STRATEGIC ASSET MANAGEMENT PLAN AND ASSET MANAGEMENT POLICY WHEREAS, the Vision 2050 Task Force recommended in the report, Sustainable and Resilient Infrastructure, Creating a Better Future for Berkeley, the development of an Asset Management Program (AMP). The first steps to implement an AMP includes the preparation of a Strategic Asset Management Plan (SAMP) and an Asset Management policy; and
WHEREAS, City Council approved the Vision 2050 report on September 29, 2020; and WHEREAS, Asset Management is a proactive process to ensure that the design, construction, maintenance, refurbishment, replacement, and disposal of physical assets are planned together to optimize cost and that the systems perform properly. The process is data-driven and includes preparing an asset inventory, assessing the condition of assets, risk assessment, and the pro-active repair and replacement of assets over its useful life; and
WHEREAS, staff has worked with specialized consultants to prepare a Strategic Asset Management Plan and Asset Management policy; and
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley accepts the Strategic Asset Management Plan (Exhibit A) and approves the Asset Management policy (Exhibit B).

APRIL 2022

STRATEGIC ASSET

MANAGEMENT PLAN
City of Berkeley

I am pleased to present the City of Berkeley’s (City) Strategic Asset Management Plan (SAMP). Asset Management is an important concept in which the City’s infrastructure systems are managed throughout the life cycle from ‘cradle to grave’. Taking an asset management approach was a key part of the City Council adopted Vision 2050 recommendations to provide sustainable and resilient infrastructure to the residents of Berkeley.

The purpose of this document is to develop policy guidance, to review the City’s current maintenance practices and to prepare a roadmap of key initiatives for implementing a full Asset Management Program (AMP) in Berkeley’s Public Works and Parks, Recreation & Waterfront Departments.

Berkeley’s streets, sidewalks and utility pipelines date to the early decades of the 20th century.

Critical systems that we depend on every day are simply wearing out. Recent budgets were inadequate for infrastructure capital and maintenance needs, let alone modernizing them.

Aging infrastructure is not only costly to maintain but it does not meet current or future requirements. An AMP is needed to manage our infrastructure assets throughout their useful life.

The City retained a consultant to assess the City’s current asset management practices against a global standard benchmark on Asset Management in these six areas: asset strategy and planning, asset management decision-making, lifecycle delivery, asset information, organization and people, and risk assessment. Based on the benchmark, Berkeley’s average assessment was in the ‘developing’ level of asset management implementation and comparable to many U.S. cities, but not nearly good enough.

The consultant worked with City staff to develop a ‘Roadmap’ of key initiatives in the next two years to implement an effective AMP . The components include:
› Pr
epare an Asset Management policy for City Council adoption › Form an
Asset Management team, consisting of a team leader and two program staff › Form an
AM Steering Committee to guide the program implementation › Pr
ovide consultant support resources
› Pr
epare the strategies, procedures and analyses to implement an AMP I thank the team for this important work and look forward to a future of well-maintained infrastructure systems.

DEE WILLIAMS-RIDLEY

EXECUTIVE SUMMARY
City Manager

4 April 2022

STRATEGIC ASSET MANAGEMENT PLAN

TABLE OF CONTENTS

5 Strategic Asset Management Plan
01 02
03 04
05 06
07 08
09 EXECUTIVE SUMMARY 3 B
ACKGROUND AND PURPOSE 6 1 1 V
ision 2050 Background
7 1 2
Purpose of a Strategic Asset Management Plan 9 1 3
Scope of Asset Categories 1 0 CONCEPTS IN ASSET MANAGEMENT 12 2 1 D
efinition of Asset Management 13 2 2 K
ey Elements in Good Practice Asset Management 14 2 3 L
ifecycle Costs 15 T
HE IMPORTANCE OF MAINTENANCE 16 3 1 W
hat is Maintenance?
17 3 2 B
enchmark for Maintenance Funding 18 CH
ALLENGES 19 4 1 A
ging Asset Base 20 4 2 F
inance for Sustainability 21 4 3 E
merging Challenges 21 O
VERVIEW OF ASSET PORTFOLIOS 22 5 1 S
treets and Roads 23 5 2 Si
dewalks 24 5 3 Tr
ansportation 25 5 4
Sanitary Sewers 26 5 5 St
ormwater and Green Infrastructure
27 5 6
Zero Waste 28 5 7 E
quipment and Fleet 29 5 8
Building Facilities 30 5 9
Parks, Camps, Recreation Facilities, Waterfront and Trees 31 R
EVIEW OF CURRENT ASSET MANAGEMENT PRACTICES 32
6 1 A
ssessment of Asset Management Maturity 33 6 2 S
ummary of Asset Management Gaps 36 ST

RATEGIC AM OBJECTIVES
37 RO
ADMAP FOR IMPLEMENTING AN AM PROGRAM 38
8 1 P
rinciples for Asset Management Policy 39 8 2 As
set Management Roadmap 40 AP
PENDICES 42 Ap
pendix A: Acknowledgements 43 App
endix B: Glossary of Terms 44 A
ppendix C: Typical AM System Framework
47

6 April 2022
01 BACKGROUND

AND PURPOSE
6 April 2022

7 Strategic Asset Management Plan
Vision 2050 Background
The Vision 2050 concept was initiated by
Mayor Arreguin at his 2017 State of the City
address. A residents’ task force of over 40
members was formed and the group worked to
prepare a framework to modernize Berkeley’s
infrastructure. Their report was adopted by
Berkeley’s City Council in September 2020.

Berkeley voters approved Measure R in
November 2018. The measure asked: “Shall
the measure, advising the Mayor to engage
citizens and experts in the development of
Vision 2050, a 30-year plan to identify and
guide implementation of climate-smart,
technologically-advanced, integrated and
efficient infrastructure to support a safe, vibrant
and resilient future for Berkeley, be adopted?”
The response was a resounding yes.

Berkeley’s streets, storm drains, sewers, and
water lines date to the early decades of the
20th century. Critical systems that we depend
on every day are simply wearing out. Recent
budgets were inadequate for infrastructure
capital and maintenance needs, let alone
modernizing them. Aging infrastructure is not
only costly to maintain but it does not meet
current or future requirements. This leaves the
community vulnerable to unplanned failure
and service interruptions. For residents,
workers, and businesses trying to go about
their daily lives, this can translate to unsafe
conditions, unexpected costs, and inequity
between neighborhoods.

Now, as we begin to grapple with Berkeley’s
$1.2 billion in needed infrastructure
improvements, new challenges are emerging.

The local impacts of global climate change are a
major threat to our aging infrastructure. Extreme
storm events, wildfires, heatwaves, drought, and
sea level rise will challenge streets, pipes, and
open spaces that were designed for a more
benign environment. And all of this will be
happening as we wait and prepare for the next
major earthquake. If our city is to survive and
thrive, we must confront these challenges.

It was vital to reach out to the broader Berkeley
community to both build awareness and provide
opportunities for input and engagement. Initial
Vision 2050 outreach began early in 2018 with
four information nights across Berkeley. This
continued with outreach to neighborhood
and faith-based groups and community
organizations. To support this endeavor, the
Mayor’s Office partnered with Berkeley’s Youth
in Government, a group of high school students,
who were trained as Vision 2050 ambassadors.

Using this model, the Mayor’s Office presented
at thirteen community organization meetings.

Street surface in need of repairs
Sewer rehabilitation
Marina dock in need of repairs

1.1

8 April 2022

PRINCIPLES, STRATEGIES

AND RECOMMENDED ACTIONS
STATEGY ONE Use Integrated and Balanced Planning
Use multi-criteria decision-making
Use adaptive planning
Institute structured master planning
Develop an Asset Management Program
Prepare and implement a Dig Once policy
Accelerate the transition to clean energy and electrification Implement Complete Streets to provide sustainable
and healthy transportation
Develop natural streetscapes that provide ecosystem services Use sensors, data, and advanced technologies
Take advantage of a strong financial position to address infrastructure needs and commit to reducing large unfunded infrastructure liability by doubling capital expenditures Prepare a wildfire mitigation and safety plan
STATEGY THREE Adopt Sustainable and Safe Technologies
Develop an organization that is integrated and has
capacity to deliver
Prepare a program approach with management tools
Provide independent oversight and reporting
Prepare the City’s Organization to Implement
a Major Capital Program
STATEGY FOUR Invest in Our Future

STATEGY FIVE
STATEGY TWO Manage Infrastructure from Cradle to Grave
1 2
3 4
5 >
>
>
>
>
>
>
>
>
>
>
>
>
>
VISION 2050
The Vision 2050 Task Force
reviewed over 20 of the City’s
current infrastructure plans. The
plans are the result of lots of hard
work by City staff and community
members over the years. It is helpful
to build on current planning and
to learn what has worked well and
what hasn’t. The City of Berkeley
has an infrastructure system that has
allowed us to thrive and grow for
over 100 years. Now is the time to
incorporate new technologies and
meet new environmental standards
so that our systems can continue to
reliably support us for another
100 years.

The Vision 2050 report
recommended three guiding
principles, five strategies and
several actions, all of which are
summarized to the right in Figure 1.

An important concept in the
report is Strategy Two: Manage
Infrastructure from Cradle to
Grave. This was a recognition that
we not only need to build more
sustainable infrastructure, but that
we need to properly maintain it
over its useful life. More specifically,
Strategy 2, task B recommends
the development of an Asset
Management Program.
8 April 2022
Figure 1: Vision 2050 Principles, Strategies, and Recommended Actions

9 Strategic Asset Management Plan
Purpose of a Strategic Asset
Management Plan
A Strategic Asset Management Plan (SAMP)
is the start to implementing a full Asset
Management Program. The purpose of this
document is to develop policy guidance, to
review the City’s current maintenance practices
and to prepare a roadmap of key initiatives for
implementing a full AMP in Berkeley’s Public
Works and Parks, Recreation & Waterfront
Departments. This includes setting specific and
measurable Asset Management objectives. The
SAMP was prepared by the consultants AMCL
and Bellecci and Associates, working with City
staff. A description of the project participants is
in Appendix A.

Few U.S. cities currently have a comprehensive
approach to Asset Management (AM) across
different asset categories and service areas.

Berkeley has succeeded in moving forward
in selected asset categories, such as with the
sewer system, fleet and vehicles, and parking
meters. The objective now is to develop a
comprehensive AMP that is integrated, funded
and staffed to maintain all asset categories.

1.2 Protected Bicycle Lanes on Adeline Street

10 April 2022

1.3 10
Scope of Asset Categories
The scope of the SAMP will include all the
following families of physical assets, with the
asset information required to maintain them,
throughout their lifecycles.

Public Works Department
› Streets and roads
› Sidewalks
› Streetlights
› Transportation assets (bikeways, parking
meters, traffic signals, parking garages,
signage, etc.)
› Sanitary sewers
› Stormwater and green infrastructure
› Zero waste
› Fleet and vehicles
› Building facilities
Parks, Recreation, and
Waterfront Department
› Parks
› Camps
› Recreation facilities
› Waterfront
› Trees
› Natural environment and habitat
To put these in context, much of Berkeley’s
critical infrastructure is not owned or controlled
by the City; Figure 2 summarizes what is and is
not controlled by the City.

Transportation Infrastructure Serving All Users

11 Strategic Asset Management Plan

MAJOR INFRASTRUCTURE SYSTEMS IN BERKELEY
Infrastructure System Controlled by City Controlled by Others Streets, sidewalks, paths,
bikeways, and tunnels
• 215 miles of str
eets
• 300 miles of sidewalk
s
• 50 miles of pa
ths and
bikeways
• AC T
ransit buses
• BART
system
• AMTRAK and tr
ains
• Taxis,
Lyft, Uber and rideshare,
ZipCar
• Bicycles and Micro-Mobility
P
ower and
communication systems 7,000 street lights
• PG&E, EBCE electricity and na
tural
gas delivery systems
• Priva
te telecommunications and
Internet services
Parks, street trees and
public plantings
•
42,000 street,
park,
and camp trees
• 52 parks and
play gr
ounds
East Bay Regional Parks
Water supply system 11 creek watersheds EBMUD potable and recycled water Sanitary sewers 380 miles of sewers EBMUD sewage treatment Stormwater system
220 miles of storm sewers
6,000 storm drain facilities Large portion of creeks
Solid waste management
• 7.45 acre tr
ansfer/
recycling station
• All residential,
multi-
family and commercial
collection of refuse,
recycling (fiber, glass,
etc.) and organics
(green/food) materials.
•
Roll-of
f box (primarily
compactors) services
• Priva
te landfill
• Alameda County household
hazar
dous waste services center
(residents only)
• Organics composting
• Construction and demolition
hauling,
sorting and recycling
• Roll-of
f box services
Public buildings 95 public buildings
BUSD buildings, UC Berkeley
buildings, transportation hubs
e.g. Berkeley City College
Berkeley marina
Berkeley marina
Municipal pier State of California
Figure 2: Major Infrastructure Systems in Berkeley

12 April 2022
02 CONCEPTS IN

ASSET MANAGEMENT
12 April 2022

13 Strategic Asset Management Plan
Definition of Asset
Management
Asset Management is a pro-active process
to ensure that the design, construction,
maintenance, refurbishment, replacement
and disposal of physical assets are planned
together to optimize cost and that the systems
perform properly. The process is data driven
and includes preparing an asset inventory,
assessment of the condition of assets, risk
assessment and the pro-active repair and
replacement of asset over its useful life. This
concept is illustrated in Figure 3.

As a society, we have effectively managed
infrastructure assets for many decades, relying
on the commitment, experience and knowledge
of our teams on the ground. Good practice
Asset Management continues to depend on
such commitment and knowledge but adds to
this key information and analysis in order to be
able to optimize the assets, in other words to
deliver levels of service at the right balance of
cost, performance and risk (see Figure 4).

2.1 Figure 3: Proactive Asset Management Figure 4: Asset Management optimizes Asset Cost, Risk and Performance
Woolsey Cistern and Bio-Swale by Billy Hustace

14 April 2022
Key Elements in Good
Practice Asset Management
A good model of Asset Management used
around the globe starts with the alignment
of goals and activities: how the organizational
goals must explicitly drive how we manage the
assets. This may sound obvious, but in practice,
asset decisions are often uncoordinated and not
explicitly focused on levels of service and other
targets. Organizations continue doing what we
have done in the past, rather than actively seek
to maximize asset contribution to current and
future goals.

To coordinate asset decisions to deliver our
goals, the model shown in Figure 5 highlights
six main elements.

The first core elements are proactive asset
strategy and integrated planning, together with
improved decision techniques. This could be
summarized as making full use of developments
in risk-based asset decisions, in a framework of
‘thinking again’ and ’thinking longer term’.

More strategic approaches to longer term
asset planning, and good practice decision
techniques such as prioritizing replacement and
maintenance on their impact to levels of service
(‘risk to customer service’), depend on
good asset information: on adequate data on
what assets we have, their condition and rate
of deterioration, good understanding of past
failures in order to forecast future risks, as well
as the knowledge and experience of our skilled
people on the ground.

This also depends on having adequate
resources – enough of the right people in the
right jobs – and a general culture of proactive,
coordinated and longer-term management of
our physical assets.

As well as embedding continuous
improvement, formal ‘Plan-Do-Check-Act’
learning processes, good asset management
is explicitly based on a better understanding
of risk – where risk is defined as the impact of
uncertainty on our organizational objectives.

Risk includes safety risks, but it also includes
how physical assets may impact any of our
goals, including the environment, equity, cost
control, and committed levels of service to
our customers.

These elements – asset strategy and planning,
asset decision-making, asset information,
organization and people, risk, and review, along
with the adequacy of current delivery processes
– were used to assess the current understanding
and practice in all the service areas in scope.

Good Asset Management practice is also
described by the International Organization
for Standardization, ISO, in their ISO 55001 –
Asset Management. This International Standard
specifies the requirements for the establishment,
implementation, maintenance and improvement
of a management system for asset management,
referred to as an “asset management system” .

This informed the proposed ‘roadmap’, or
initiatives to implement the Asset
Management Program.

2.2

15 Strategic Asset Management Plan

2.3 Figure 5: Asset Management Landscape Conceptual Model Lifecycle costs
The costs and resources required to manage
assets through their useful life are far more than
just the upfront costs to build them.

In practice, for many assets, the costs after
construction are significantly larger than the cost
to construct.

Managing the asset after construction is a major
commitment, up to 80% or more of the total
cost of ownership. This document particularly
focuses on what is required after construction, as
that is usually less visible.

Figure 6: Typical Lifecycle Costs, from AMCL AM Training Figure 7: Typical costs to manage a facility from
construction to disposal, from RTD Denver

16 April 2022
03 THE IMPORTANCE

OF MAINTENANCE
16 April 2022

17 Strategic Asset Management Plan
What is Maintenance?
Maintenance is often categorized into re-active
(fix it when there is a problem) or pro-active
(fix it before there is a problem). There are also
other terms used to describe maintenance and
these are summarized as follows.

1. Repair or r
eplacement on failure – also
called ‘reactive’ maintenance. Failure is
best defined in terms of function: can the
asset still fulfil its functions for the City?
Such a definition includes continuing to
function safely, in compliance with laws, and
meeting customer needs.

2. Routine inspections and r
egular condition
assessment to catch problems that require
reactive maintenance or more generally to
monitor the degradation of assets, to plan
ahead for preventative actions before they
become problems.

3. Pr
eventative actions such as planned
replacement of components (e.g., changing
the timing belt in a vehicle) before they fail.

Inspections, condition assessments,
and preventative work are generally
all categorized together as planned
maintenance, as opposed to reactive
maintenance.

4. Major refurbishment
of worn assets, often
using capital funding (where available).

Refurbishment covers a wide range of
options short of total replacement of an
asset. Major structures such as roads,
bridges or even some buildings may never
be ‘replaced’, only repeatedly refurbished.

5. Replacement
of worn or obsolete
assets, generally using capital funding.

Replacement is usually ‘capital’, but
because it is about continuing to provide
an existing function, is better grouped with
maintenance than with new investment.

Many organizations have a general category
of renewals to cover both refurbishments
and replacements, bringing out the cyclical
nature of asset management.

6. Life-extension
of existing assets tends
to cover refurbishment, replacement of
some components, and timely repair, that
is a lower cost means to maintain function
without having to replace the whole asset.

The basic concept is the same: to not allow
an asset to degrade past the point where it
can only be replaced.

7. Upgrading
existing assets to make them
compliant, more equitable, or safe, or to
exploit new technology to better deliver
the existing services, should also be
included in a definition of sustaining the
assets to sustain the service they provide.

Replacing ‘like for like’ is often not the best
option, and ‘modern equivalent asset’ a
better default.

These different levels of maintenance can
involve work defined as ‘capital’ or ‘on-going
operations and maintenance’. The accounting
and funding categorization of the work may be
defined by a dollar threshold or on whether
the work adds to the balance sheet. Funding
is frequently more readily accessible for work
defined as ‘capital’.

However, Asset Management seeks to optimize
cost over an asset’s useful life, including getting
value from the existing assets. This involves
considering the optimized combination of
several different kinds of work and the best
value for money may often come from improved
on-going maintenance.

3.1

18 April 2022

3.2 Benchmark for
Maintenance Funding
While proper maintenance funding can prevent
much more expensive repairs later, identifying
a proper benchmark to gauge whether the City
of Berkeley’s maintenance funding is sufficient
can be more art than science. The Society of
Maintenance and Reliability Professionals (SMRP)
suggests that best-in-class values for total annual
maintenance cost should range between .7%
and 3.6% of the asset’s estimated replacement
value. It is safe to assume that assets with longer
useful lives, such as underground pipes, are
probably on the lower end of that range, and
those with shorter useful lives, such as pavement
and building components, trend toward the
higher end. However, this determination is asset
specific, and as the City’s asset management
practices gain in maturity, City-generated data
and analysis will enable the use of more accurate
and localized benchmarks rather than
a generalized one.

Street Paving Work 2021

19 Strategic Asset Management Plan
04 CHALLENGES
19Strategic Asset Management Plan

20 April 2022

4.1 Aging Asset Base
Much of Berkeley’s infrastructure was built
before the Second World War, during the
Great Depression, as the population grew.

Both civic facilities and infrastructure systems are
wearing out and require increasing maintenance
and renewal.

Aging infrastructure often also does not meet
current or future requirements, whether that is
safety standards, demand, or equity. The City
prepares a Capital Improvement Program (CIP)
and the plan for FY2022 outlined a greater need
for investments in our public infrastructure. The
estimated funding need is over $1 billion and is
summarized as follows.

While this estimate is high, known emerging
issues will likely drive this estimate higher.

These issues include:
› The City is updating its Watershed
Management Plan that was last prepared
in 2011. The new plan will incorporate
new concepts and will likely have different
estimated costs.
› The City is preparing a long-term
street surfacing plan. The new plan will
incorporate sustainable technologies, traffic
safety and complete streets concepts.
› The City has prepared a plan to
underground overhead utility wires along
its evacuation routes to improve safety. The
cost of that program is not included in the
above estimates.
› This calculation does not yet reflect the cost
to implement the City’s adopted bicycle
and pedestrian plans in future years.
› This calculation does not yet reflect cost
estimates related to the to improving Civic
Center, including the old City Hall building
and the Veteran’s building, and the City’s
Transfer Station.
› This calculation does not reflect the costs of
implementing the City’s Resilience and/or
Climate Plan in future years.
› A Berkeley Marina Area Specific Plan is
being prepared that will recommend
improvements to the Marina, waterfront,
municipal pier and a potential ferry. The
planning is not completed yet.

INFRASTRUCTURE CATAGORY FUNDING NEEDS
$ MILLIONS

PARKS, PARK BUILDINGS, POOLS,
WATERFRONT, AND CAMPS 220
PUBLIC BUILDINGS 285
SIDEWALKS 10
STREETS AND ROADS 250
SEWERS 175
STORM WATER 245
TRAFFIC SIGNALS AND PARKING 15
TOTAL $1.2 B
Figure 8: Capital and Maintenance Costs
(continuously updated)

21 Strategic Asset Management Plan

4.2 4.3Finance for Sustainability
The City has a need to fund capital
improvements and on-going operations and
maintenance costs. The estimate in Figure 8
includes both capital and maintenance costs.

However, the distinction between what is capital
and what is maintenance is currently not well
defined. The development of the full AMP will
need to analyze the following financing topics.
› Define the threshold for maintenance
and capital costs
› Incorporate updates from the long-range
infrastructure planning underway
› Define the current level of maintenance
funding and prepare an estimate of long-
term maintenance funding needed
› Evaluate creating a building
replacement fund.

Emerging Challenges
Emerging challenges to existing infrastructure
include planning for an environment that is
changing and becoming more challenging.

The Vision 2050 process sought to anticipate the
changes and to create a future Berkeley that is
safe and liveable. Our approach to meeting the
challenges include the following:
› To address the multiple risks from climate
change, including extreme storm events,
wildfires, heatwave, drought and sea level
rise. This is on top of the risk of major
earthquakes. Our infrastructure will need to
be sustainable and resilient in all its aspects,
including the use of green technologies,
low impact development, undergrounding
utilities, water reuse and using long
lasting materials.
› To provide infrastructure services equitably
to all of our communities.
› To improve the quality of life in our
City by having vibrant public realm that
includes open spaces, trees, recreational
opportunities, community placemaking and
safety for bicyclists and pedestrians.
› To incorporate new technologies, including
reliable wi-fi available to the public and
electrification to reduce our greenhouse
gas emissions.

Our infrastructure systems need to be
maintained at a state of operational readiness.

Letting systems deteriorate will limit our ability
to meet the wide range of conditions that are
emerging. And keeping these systems in a state
of operational readiness means having
a workforce that is engaged, well-trained,
and healthy.

North Berkeley Senior Center in Construction

22 April 2022
05 OVERVIEW OF

ASSET PORTFOLIOS
22 April 2022

23 Strategic Asset Management Plan
Streets and Roads
There are approximately 215 centerline miles of
improved streets in Berkeley and their estimated
replacement value is $816,753,950. Every two
to three years, portions of Berkeley’s streets are
inspected using the Metropolitan Transportation
Commission’s Pavement Management System
(PMS) to identify repair needs and assign
a pavement condition index (PCI). The City
uses the PMS and PCI to track and prioritize
pavement rehabilitation and maintenance needs
on individual asphalt streets and the overall
condition of the City’s street pavement network.

The primary purpose of the street rehabilitation
program is to maintain a safe surface
conveyance system in the public right-of-way for
vehicles, bicycles, and transit. The right-of-way
also provides pedestrian access and ancillary
functions of a storm water conveyance system
and the location of public utilities. Regular street
maintenance includes Public Works’ staff crack
sealing and filling potholes, and ongoing capital
projects for seals, refreshing markings, and
other activities. Asphalt streets are upgraded
with a surface overlay or are reconstructed.

The following is a summary of Berkeley’s current
street condition.
› Of the 215 centerline miles of streets
(22mi of arterials, 37mi of collectors and
156mi of residential streets), the current
overall average PCI rating is 56 (out of 100).

This puts Berkeley’s streets in the ‘at-risk’
category.
› Studies show that $1 invested in pavement
treatment early in the pavement’s useful
life can save $8 spent on more expensive
repairs later. Yet the City’s annual paving
funding is far short of the needed
amount to make cost-effective repairs.

To keep City streets at the current PCI
would require boosting annual funding
from approximately $7 million to $15
million, according to the City’s pavement
management system. With current annual
funding, Berkeley’s PCI is expected to
decline by 6 points (to a PCI of 51) in the
next five years.
› The recently updated Street Maintenance
and Rehabilitation Policy (2022) identified a
goal of good condition for the City’s streets,
which is a PCI between 70 to 79. To reach a
PCI in this range would require $115-$200
million or more.
› The needs described above only address
the pavement surface, markings, and
curb cuts. The costs related to drainage
improvements, green infrastructure, and
implementation of the City’s bicycle,
pedestrian, and Vision Zero plans are
not included.

The City dedicates approximately $7.5M
annually to the maintenance of the City’s streets,
or .92% of the replacement value. This is at
the very low end of the maintenance funding
benchmark. Given street condition is “at risk”
and declining even more in the next five years,
it is clear that this maintenance funding is far
short of what is required. Boosting annual
funding to $15 million would result in a
maintenance over replacement value of 1.84%,
which is the mid-range of the benchmark for
maintenance funding. The following illustrates
some of the work to maintain our streets.

5.1

24 April 2022
Sidewalks
The City has 400 miles of sidewalk. Public
Works manages a sidewalk repair program
to keep the City’s sidewalks safe and provide
for safe pedestrian passage, including make-
safe repairs, annual proactive repair program,
and the City’s 50/50 replacement cost-share
program in which the City shares the costs for
broken sidewalks with property owners. Public
Works staff respond to all reported sidewalk
hazards, assesses each situation and installs an
asphalt make-safe or grinds the sidewalk hazard
if applicable, and on occasion perform limited
sidewalk removal and replacement if a sidewalk
hazard can’t be made reasonably safe.

These sidewalks have an estimated replacement
value of $400,000,000. Approximately $1
million is available in annual funding towards
sidewalks maintenance and repair from baseline
allocations from the Capital Improvement
Fund and 50/50 Program contributions from
residents. This represents .25% of sidewalk
replacement value, which is at the very low end
of the maintenance funding benchmark. This is
consistent with the growing backlog of sidewalk
repairs and the results of a recent proactive
condition assessment of sidewalk, rather than
relying on residents reports, that suggests a
possible $50M+ backlog of repairs.

Street surface in need of repairs
Street being repaired
Completed street surface overlay

5.2 The following illustrates some of the work to
maintain our sidewalks.

Sidewalk tripping hazard
Sidewalk hazard repaired

25 Strategic Asset Management Plan
Transportation
The City is committed to improving traffic safety;
encouraging transit use, bicycling and walking;
and addressing a variety of transportation
issues. Public Works’ Transportation and
Engineering Divisions manage various
capital projects related to the City’s parking
facilities; street improvements; traffic calming
measures, such as signs, markings, striping,
and traffic circles; and bicycle and pedestrian
infrastructure improvements, such as pathways,
on-street facilities, and bicycle parking.

Multiple transportation capital projects were
implemented in the past few years, including:
› Center Street Garage construction
completion and opening
› Ordination of the installation of City’s 37
Ford GoBike Bike Share stations
› Completion of Ashby Corridor Safety
Improvements Project which included
bike lanes, new rectangular rapid flashing
beacons at Tunnel Road/The Uplands,
new pedestrian hybrid beacon at Ashby/
Hillegass, and new left turn signal phase at
Telegraph/Ashby
› Completion of traffic calming measures
along Le Conte Ave., including signal
upgrade at the Hearst/Gayley intersection
› Completion of construction of the Shattuck
Avenue Reconfiguration, Downtown
Berkeley BART Plaza and Transit Area
Capital Improvement Projects
› Expansion of the goBerkeley Program in the
Euclid/Hearst Area
Public Work’s Traffic Maintenance Unit handles
maintenance of street signs and pavement

5.3 Hearst Avenue complete street
Center Street parking garage
markings, the full inventory of which was
collected in the last year using 3-D scanning.

The department’s Parking Meter Maintenance
Unit handles maintenance of the parking
meters. The City’s parking meters have an
online management system, and an up-time
of 97%. However, the inventory is aging and
a replacement of many existing meters is
necessary to ensure adaptability to the new 4G
networks. Developing replacement values so
that the City can benchmark its Transportation
maintenance budget is a required next step
of the SAMP .

26 April 2022
Sanitary Sewers
The City owns and operates 255 miles of sewer
mains and 165 miles of lower laterals. Their
estimated replacement value is $820,000,000,
and annual maintenance funding is
$15,140,637. The result is a ratio of maintenance
funding to replacement value of 1.85%, which
is in the mid range of the maintenance funding
benchmark. This level of funding is probably on
target, given underground pipes are expected
to be on the lower end of the benchmark range
and much of the sewer pipe network has been
replaced since the 1980’s.

In 2014, the City (along with EBMUD and
all agencies conveying flows to EBMUD)
concluded negotiations with the Environmental
Protection Agency and the Department of
Justice for violation of the Clean Water Act
and agreed to a stipulated settlement known
as the final Consent Decree. To comply with
the Consent Decree, the City is required to
rehabilitate an average of 4.2 miles of sewer
pipeline annually based on a three-year rolling
average. Effectively, this mandated significant
additional maintenance activities and capital
improvements, and resulted in increased costs
of managing the City’s existing sewer system.

After a sewer rate study was completed, a series
of rate adjustments were adopted beginning in
FY 2016 to support the added financial load of
the Consent Decree requirements. The City is
currently on track to meet rehabilitation mileage
targets with revenues generated from sanitary
sewer fees, however, the costs per mile for
sewer construction have increased since the

5.4 Storm Drains Repaired
rate study was completed. These costs will have
to be closely monitored going forward over the
duration of the Consent Decree, in case funding
supplementation from additional sources or
future rate adjustments are needed to fund the
cost of the required capital improvements.

27 Strategic Asset Management Plan
The City’s engineered storm drains include
approximately 78 miles of underground pipes,
manholes, catch basins and cross-drains, all of
which have an estimated replacement value of
$440,253,101. Annual maintenance funding is
$4,397,750, which is 1% of replacement value.

Given the life of these assets, expanding green
infrastructure requirements, and new threats
from more intense, climate-fuelled storms,
maintenance funding should probably grow
to the middle end of the maintenance funding
benchmark range. Assuming near term growth
to 1.5%, that would require $6,603,796 of
maintenance funding annually, or $2,206,046
more than the current funded amount.

Much of the stormwater infrastructure is
over 80 years old and needs substantial
rehabilitation. The backlog of projects includes:
rehabilitation of pipeline reaches; replacement
of deteriorated drain inlets and piping; major
cleaning of the primary storm collectors in
the lower Berkeley drainage watersheds; and
replacement of street cross drains. The
City desires to address these issues while
forwarding its policies to improve the
environment by pursuing Low Impact
Development (LID) methods. The City has
already started to address implementing
LID. In 2012, City Council adopted the City’s
Watershed Management Plan (WMP). The WMP
uses LID methods to develop an integrated and
sustainable strategy for managing stormwater
resources that addresses water quality, flooding,
and the preservation of local creek habitats and
the San Francisco Bay. Since then, the City has
installed green infrastructure at 30 locations.

The City prepared a Green Infrastructure Plan
(GI Plan) in 2019 as required by the Stormwater
NPDES Permit. The GI Plan is a dynamic
planning document that includes goals for
future green streets retrofits, prioritization
tools, and guidelines for incorporating green
infrastructure into future capital projects.

The GI Plan and the WMP do not address
rehabilitating and replacing the aging
infrastructure. The City needs to integrate
the findings of the WMP and the GI Plan
with requirements to rehabilitate or replace
aging infrastructure and address future flows.

This integration will be done by preparing
a Stormwater Comprehensive Plan, which is
kicking off in calendar year 2022.

Deteriorated pipe
Green infrastructure
Piedmont Circle

5.5 Stormwater and
Green Infrastructure

28 April 2022
Zero Waste
The Transfer Station, which was constructed
in 1982, is in need of a redesign and has an
estimated replacement value of $76 million. A
Feasibility Study was completed in 2019 and
included over 40 hours of public input. The
project is proceeding with design/engineering
plans (to 10% design level) and CEQA Process
(to be completed mid-2023). Currently, the
Transfer Station has two below-grade refuse
and organic materials load out tunnels that
top-load trailers with up to 20 tons materials.

The Transfer Station and its ancillary structures
and operations are in need of replacement; the
facilities are showing considerable wear and
tear after thirty 38 years of operation; and the
current facilities are not configured for efficient
diversion or customer-friendly recycling of
incoming materials due to the complexity of
a site with one government and two non-
profit partners. The Transfer Station replacement
is especially important for ensuring the City
makes progress towards its goal of Zero Waste.

5.6 Transfer Station
Zero Waste
Transfer Trailer

29 Strategic Asset Management Plan

5.7 Equipment and Fleet
The City has a fleet of 621 vehicles. All City
Departments make annual replacement
contributions into the Equipment Maintenance
Fund and to the Equipment Replacement Fund.

The former funds the mechanics, technicians, and
parts and supplies required to maintain the fleet,
and the latter funds the eventual replacement of
vehicles when they reach or exceed their
useful life.

Historically, the Equipment Maintenance
Division has been responsible for determining
what each Department’s replacement
contribution will be, recommending a schedule
of vehicle replacements to the City Manager,
and purchasing the replaced equipment in
accordance with the replacement schedule.

Staff continue to be identify vehicles on the
schedule that can be replaced with electric
vehicles. The Division utilizes a newly
implemented computerized fleet management
system AssetWorks and Syn-tech, fuel
management software.

Total replacement value of the fleet is
$53,592,626. Vehicles and equipment are
a unique asset category not subject the
maintenance funding benchmark. The
equipment replacement backlog is currently
estimated at $13.2 million per the City
Auditor’s report.

Vactor truck maintenance
Waste collection truck maintenance

30 April 2022
Building Facilities
The City is responsible for the maintenance of
95 facilities, not including Library facilities and
facilities leased to other entities, which were
not part of this analysis. Of these 95 facilities,
39 are in the Parks Recreation and Waterfront’s
inventory and 56 are in Public Works’ inventory.

A third-party expert has provided facility
condition assessments for 30 of these buildings.

All projects included in these assessments are
considered maintenance, according to the
definition used in this report. Repairs to minor
components such as plumbing, electrical,
HVAC, painting, etc.—what this SAMP refers
to as routine maintenance—are handled by
the Facilities Division. Staff have developed a
5-Year Facility Capital Improvement Program
with approximately $85 million in building
maintenance projects, yet the current budget
allocation for this work over that time period is
only $4 million.

The total replacement value of the buildings in
this inventory exceeds $540 million. The City
allocates $4,686,074 annually for maintenance
and $900,000 for major refurbishment or
replacement of building components. This
results in a ratio of 1.04% maintenance
funding to replacement value. Given building
components are on the higher end of annual
maintenance cost according to SMRP guidance,
the shortfall is estimated at 2-3.6%, or $5.2
million to $11.7 million annually. Some of this
annual funding gap is covered by one-time
allocations from the General Fund or T1 funds.

5.8 Mental Health Building Renovation

31 Strategic Asset Management Plan
Parks, Camps, Recreation
Facilities, Waterfront,
and Trees
The Parks, Recreation & Waterfront Department
(PRW) operates, maintains and manages 52
parks, 4 community centers, 2 clubhouses, 2
pools, 3 resident camps, 15 sports fields, 49
sports courts, 63 play areas, 36 picnic areas,
42,000 street, parks and camp trees, 152
landscaped street medians and triangles, 263
street irrigation systems, and 30 restrooms and
out-buildings. In addition, PRW operates and
maintains the Berkeley Waterfront and its related
facilities, including the docks, pilings, channel,
streets, pathways, parking lots, buildings, trails,
Adventure Playground, and 1,000 boat and
berth rentals.

The unfunded needs in parks, waterfront, pools
and camps and infrastructure are estimated at
$220 million. The majority of these unfunded
needs are at the Waterfront, where many of the
docks, pilings, buildings, parking lots and streets
have reached the end of their useful life and
are starting to fail. As documented in multiple
reports over the few years, there is a diminishing
ability to pay for the pressing capital needs in
the Waterfront. The Marina Fund, which is the
City’s mechanism for managing all Waterfront
revenues and expenditures, is approaching
insolvency. Revenues steeply declined in
the last two years as a result of safety and
security concerns and failing infrastructure. The
combination of falling revenue and increasing
expenditure needs have strained the relatively
small Marina Fund to a breaking point.

The City has begun a long-term planning
effort – the Berkeley Marina Area Specific Plan
– to establish the community’s vision for the
Waterfront and a plan for making the Marina
Fund viable and stable. There is still a need
to address an estimated $10.33 million in
urgent infrastructure repairs to finger docks,
pilings, electrical systems, and restrooms. If
these investments are not made, facilities and
infrastructure will either require more costly
emergency funding or be closed as in the case
of the Berkeley Pier. Waterfront customers
will continue to leave the Berkeley Marina,
continuing the downward spiral of revenue loss
and blight.

King Park renovation
Berkeley Tuolumne Camp renovation
San Pablo Park playground

5.9

32 April 2022
06 REVIEW OF CURRENT

ASSET MANAGEMENT

PRACTICES
32 April 2022

33 Strategic Asset Management Plan
Assessment of Asset
Management Maturity
To develop a forward-looking Asset
Management Program, current practices
were reviewed. This included both project
management and on-going maintenance
(‘Lifecycle Delivery’) as well as strategic activities
on asset planning, asset decision making,
asset information and data, resourcing, and
understanding risk management.

To do this efficiently in a short time, AMCL
used an existing best practice methodology
for assessing Asset Management Maturity and
tailored it to Berkeley priorities. A series of
workshops were conducted in July 2021 with
the managers responsible for maintaining each
of the City’s asset categories to understand the
City’s current practices and their understanding
of life cycle asset management principles.

A summary of the findings is as follows:
› Small teams are all working hard with
limited resources to maintain the assets.

Vacancies are of particular concern.
› There is limited pro-active maintenance
being done due to the lack of resources,
especially in some areas such as with
facilities and building maintenance.
› There is encouraging evidence of
good practice such as capital project
management, reliability engineering and a
promising start on life cycle management
with sewer maintenance.
› A key development will be the
successful implementation of NexGen,
a new IT system for asset data and work
management. Teams are enthusiastic about
this development, although this cannot
happen without sufficient resourcing on the
data processes needed to populate and
maintain the core asset data.
› Based on AMCL’s experience, the City’s
Public Works and Parks, Recreation &
Waterfront Departments measure up well
on Asset Management understanding
against many U.S. cities. The U.S. municipal
sector is generally less developed in Asset
Management compared to places where it
has been practiced for a longer time (such
as the U.K., Australia and Canada). This
gives the City a good start to learn from
good practice elsewhere.

The questions posed to each workshop (one
each on streets & transportation assets; sanitary
sewers, stormwater & green infrastructure
assets; parks, recreation & waterfront assets;
facilities and buildings; vehicles; and zero
waste assets) were organized in these
assessment categories:

6.1 Assessment Catagories
Asset Strategies
Demand Analysis
Asset Management Planning
Optimization
Capital Investment Decision-Making
Resourcing Strategy
Asset Creation & Acquisition
Maintenance Delivery
Fault & Incident Response
Asset Information Strategy
Asset Information Systems
Data & Information Management
Cost data
Procurement & Supply Chain Management
Asset Management Leadership
Competence Management
Risk Assessment & Management
Asset Performance Monitoring
Asset Health Monitoring
Figure 9: Topics covered in Workshops

34 April 2022
The results were tabulated using a standard approach to ‘maturity’, as shown on Figure 10.

Figure 11: AMCL AM Maturity Scale
The average score against the scale was
24%, with some areas higher and some lower
than this. To put the results in context, fully
meeting the international standard on Asset
Management, ISO 55000, would require an
average of 45%. The City of Berkeley is currently
rated at the ‘developing’ level. This means that
the City has a good start for developing an AMP .

The average score across the Public Works and
Parks, Recreation and Waterfront departments is
shown on Figure 11.

James Kenney Park

35 Strategic Asset Management Plan

AVERAGE MATURITY SCORE
Assessment Catagories Average Score
Organizational Direction 20%
SAMP 25%
Asset Strategies 28%
Demand Analysis 30%
Asset Management Planning 35%
Optimization 31%
Capital Investment Decision-Making 35%
Resourcing Strategy 20%
Asset Creation & Acquisition 21%
Maintenance Delivery 31%
Fault & Incident Response 36%
Asset Information Strategy 19%
Asset Information Systems 22%
Data & Information Management 26%
Cost data 10%
Procurement & Supply Chain Management 20%
Asset Management Leadership 20%
Competence Management 15%
Risk Assessment & Management 15%
Asset Performance Monitoring 26%
Asset Health Monitoring 24%
Total Average 24%
Figure 12: Major Infrastructure Systems in Berkeley

36 April 2022
Summary of Asset
Management Gaps
The following is a summary of the current gaps
in having a full Asset Management Program.

1. Asset Planning needs to be integra
ted to
move beyond reactive work to sustainable
proactive maintenance, both with capital
renewals and on-going work. Vision 2050
explicitly calls for integrated planning.

Planning should optimize different activities
and should integrate across short, medium
and longer-term perspectives.

Integrated planning supports a realistic
understanding of funding and resourcing
needs going forward. Progress should be
monitored and reported, and the principle
of continuous improvement applied to the
planning itself – that every planning cycle
learns from the last one, towards increasing
maturity in meeting City objectives.

2. A mor
e strategic approach to Asset
Information, including appropriate data
governance processes, is needed to
understand what information is needed
to make asset decisions, how the City will
collect that information, and how the City
will ensure that the information is accurate
and of good quality.

3. The oper
ations and maintenance costs
of infrastructure systems are not currently
captured and tracked, which hinders the
ability to understand lifecycle costs and
determine optimal strategies for each type
of asset.

4. The ne
xt steps are to ensure an overall
understanding of an ISO 55000-type Asset
Management system and to put an AM
effective framework in place, to build on
what is already there and implement good
practice Asset Management across the
different service areas.

One important step already taken by the
City is the implementation of NexGen Asset
Management software in Public Works
operations. The system went live at the end
of 2021 and it will be valuable in maintaining
asset inventories, in issuing work orders and
maintaining a record of work accomplished.

6.2 Figure 13: Screen Shot of NexGen system

37 Strategic Asset Management Plan
07 STRATEGIC ASSET

MANAGEMENT OBJECTIVES
The following are AM objectives developed through this SAMP .

1. Develop an internal communications and awar eness plan around an ISO 55001 compliant AM system.

2. Develop a communications and awar
eness plan of sustainable Asset
Management with external stakeholders.

3. Pr
epare a plan of the organizational structure, staffing resources, consultants, and system programs needed to fully implement an AMP . This should be prepared in time for the FY2023 budgeting process.

4. Develop an understanding of the maintenance funding shor tfalls and to
place a revenue measure on the November 2022 ballot.

5. To move towar
ds preparing an annual maintenance plan across asset
classes that increases transparency and defines the critical required maintenance, the funding and resources to perform the work.

6. To incr
ease the AM maturity score year over year.

7. To have a long-term pr
ojection of the infrastructure repair and replacement
cost and schedule across all asset categories. The goal is to have pro-active maintenance while minimizing risks and optimizing costs.

8. Maintaining a recor
d of work accomplished.

38 April 2022
08 ROADMAP FOR

IMPLEMENTING

AN AM PROGRAM
This section presents a proposed ‘roadmap’ of key initiatives in the next two years for moving to implementing an effective Asset Management Program. 38 April 2022

39 Strategic Asset Management Plan
Principles for AM Policy
We propose that a City policy on Asset
Management be presented to the Council along
with this SAMP report. The following are some
principles to be included with the policy.
› Life Cycle Approach – Apply a life-of-an-asset
methodology for managing infrastructure
assets, including planning, acquisition,
operations, maintenance, renewal and
surplus or disposal.
› Financial Stewardship – Understand the
resources and funding required to sustain
the assets to deliver defined levels of service,
through appropriate asset cost, risk and
performance information
› Service Level – Understand the service
level and use of each asset to inform the
prioritization of asset maintenance or
replacement as it relates to the capital
improvement plan.
› Risk Mitigation – Understand and mitigate
risk associated with physical assets based
on their condition and usability.
› Process Optimization – Continuously seek
opportunities and tools to improve asset
management processes.
› Standard Operating Procedures (SOP)–
Establish and, as processes and tools
change, update SOPs to allow for consistent
implementation of asset management policy
principles.
› ISO 55000 - Compliant Asset Management
system based on Plan-Do-Check-Act with
targets, independent audit and
continuous improvement.

8.1 Marina dock in need of repairs

40 April 2022
AM Roadmap
This report proposes a ‘roadmap’ of key Asset
Management initiatives from now until 2024
to build an effective AMP . Asset Management
Roadmaps generally plan for an implementation
period of 18 to 24 months. The intent is to
develop near term ‘quick wins’ and to set
the foundation for longer term processes. A
major part of any successful AM Roadmap is
communications and awareness building.

This Roadmap describes the implementation
activities and schedule, forming an Asset
Management Steering Committee, identifying
an Asset Management Program Manager and
the team and a recommendation for resources.

Implementation Activities
and Schedule
The following activities are proposed from the
beginning of 2022 to the end of 2023.

Work Activities in 2022
The activities in 2022 are to launch the AMP and
to incorporate the needs of Asset Management
in the FY2023 budgeting process. The activities
shall include the following.

1. Develop funding requests for staf
fing and
consultant support in the FY2023 budget.

2. Conduct outr
each to internal staff and
external stakeholders on the AMP .

3. Continue e
xpanding inventory of assets
and include replacement values.

4. Continue e
xpanding condition assessments
of assets.

5. Form an
Asset Management Steering
Committee and create a charter.

6. Pr
epare a job description for an Asset
Management Program manager and staff
and begin the recruitment upon approval
of funding.

7. Pr
epare data on current maintenance
budgets, estimated budget needs and
options for funding the shortfall.

8. Implement the NexGen sof
tware system.

Work Activities in 2023 and 2024
With the Asset Management team in place,
the work activities through 2023 shall include
the following.
› Prepare a manual of inital Asset
Management Standard Operating
Procedures.
› Prepare a clear definition of capital versus
maintenance and the required budgets
for each.
› Define equity and how Asset Management
can promote it in Berkeley.
› Communicate progress to internal staff and
external stakeholders.
› Continue expanding inventory of assets.
› Continue expanding condition assessments
of assets.

Asset Management
Steering Committee
We recommend that an Asset Management
Steering Committee be formed to guide the
implementation of the AMP . The members of the

8.2

41 Strategic Asset Management Plan
committee could include the following people:
› Director and a Deputy Director of
Public Works Department
› Director and Deputy Director of Parks,
Recreation and Waterfront Department
› Assistant City Manager
› Finance Director or his designee
› Other staff, commissioners, or residents with
expertise in Asset Management
› We recommend that the committee prepare
a charter that defines the objectives and
performance goals for an AMP .

Asset Management Program
Manager and Team
We recommend that an Asset Management
Program Manager be hired or appointed
from current staff. Asset Management is about
people, relationships, assets and strategies. We
will need an AM leader that has knowledge of
each. The responsibilities of the person shall
include the following.
› Coordinate the preparation of
Asset Management Standard
Operating Procedures
› Lead the implementation of Asset
Management, including AM training
and communications
› Define capital versus maintenance and
develop models for tracking funding needs
› Key role in defining the asset
information strategy
› Key role in defining the asset risk framework
› Focus for improved asset decision
techniques and models
We propose that the Asset Management team
include two other staff. Their skills can be in
budgetary analysis, condition assessment, asset
management software, risk analysis or other
related topics.

Resource Requirements
The following resources are likely to be needed
to support the Asset Management team.
› Funding for consultant services to support
the preparation of Standard Operating
Procedures, strategies and funding analysis
› Funding for consultant services to support
improving inventory and condition
assessments
› There is the potential for additional software
needed to implement the AMP

42 April 2022
09 APPENDICES
42 April 2022

43 Strategic Asset Management Plan
Appendix A:

Aknowledgements
City of Berkeley
Liam Garland, Director
Public Works
Scott Ferris, Director
Parks, Recreation and Waterfront
Ray Yep, Vision 2050 Implementation
Team Lead (volunteer)
Margo Schueler
, Vision 2050 Implementation
Team Co-lead (volunteer)
Andrew Brozyna, Deputy Director
Public Works
Farid Javandel, Deputy Director
Public Works
Christina Erickson, Deputy Director
Parks, Recreation and Waterfront
Joe Enke, Manager of Engineering
Public Works
Input from Division Managers in the Public
Works and Parks, Recreation and Waterfront
Departments
Consultant Team
AMCL
Ruth Wallsgrove, Project Manager
Nick Lee, Project Engineer
Bellecci & Associates
Daniel Leary, Principal

44 April 2022
Asset Categories
A logical grouping of similar assets or
equipment types used to categorize,
organize and manage the asset portfolio.

Also termed ‘asset type’ in ISO 55000. IAM
definition: Grouping of assets having common
characteristics that distinguish those assets as
a group or class. This is normally defined using
pragmatic asset management considerations
rather than theoretically defined by value, size
or criticality.

Asset Class Strategy

The document or gr
oup of linked documents
that states how City of Berkeley will achieve the
objectives for an asset class or family. The Asset
Class Strategy will consider all phases of the
asset life cycle, including design, procurement,
operations and maintenance, the approach for
capital replacements and upgrades over the
asset’s life cycle, and retirement and salvage.

Asset Information Strategy

The
Asset Information Strategy is the plan and
process to achieve and implement identified
improvements to asset information. The Asset
Information Strategy defines the current and
future states, along with priority improvements
in support of the Asset Management System.

Asset Planning

Data driven planning tha
t improves operational,
maintenance and capital forecasting of potential
needs, and optimization of portfolios of
investments to realize the greatest value from
assets while operating within
established constraints.

Asset Life Cycle

Time interval tha
t commences with the
identification of the need for an asset and
terminates with the legal disposal of the asset
and any associated liabilities. The phases of
an asset life cycle include initiation, planning,
design, construction or installation, hand-over,
operations and maintenance, replacement/
refurbishment, decommission/ retirement and
salvage/disposal.

Asset Life Cycle Delivery
The execution of asset operations, maintenance
and investment plans.

Asset Management Capabilities

An organiza
tion’s people, processes,
technology, leadership and culture to derive
and deliver value from its assets to meet the
needs of the organization and its stakeholders in
a sustainable manner.

Asset Management Enablers
The tools, processes, skills and competencies
that support effective asset management.

Asset Management Maturity
The level of an organization’s AM capability
normally assessed by a standard proprietary
or non-proprietary assessment tool; effectively
a benchmark of the organization against a
standard (such as ISO 55000) or database of
other organizations.

Appendix B:

Glossary of Terms

45 Strategic Asset Management Plan
Asset Management Objective
The plan and process to achieve and implement
an identified improvement to the asset
management system. The SAMP identifies
foundational asset management objectives
that are necessary to build and improve City of
Berkeley’s asset management system.

Asset Management Plan (AMP)
An Asset Management Plan provides a typically
5-plus years forecast of capital and operating
requirements for asset systems and classes to
achieve the appropriate balance of asset cost,
performance and risk to meet the organization’s
asset management objectives.

Asset Management Policy
The approved Policy which expresses the key AM
principles to be applied to all decision making
when managing the organization’s assets.

Asset Management Roadmap
The program of asset management initiatives
that City of Berkeley has in place to develop and
improve its asset management capabilities and
asset management system.

Asset Management System
The Asset Management System is the set of
people, processes, tools and other resources
involved in the delivery of asset management,
including governance.

Asset Sustainment Requirement
Work plan identifying all work activities required
to maintain a specific asset throughout its
lifecycle, as identified by the asset strategy.

It includes both resource requirements and
forecasted capital and operating expenditures.

Asset System
An Asset System is a grouping of assets; usually
grouped for reporting, organizational, technical
or financial purposes. Example in City of
Berkeley include a sewer or stormwater network,
a fleet of vehicles, or a parking meter system.

Six Box Model
Widely used diagram of main elements of Asset
Management, from the Global Framework
for Maintenance & Asset Management Asset
Management Landscape. These six elements
are: Organization & People, Strategy & Planning,
Asset Management Decision Making, Asset
Information, Lifecycle Delivery, Risk & Review.

ISO 55000 Series
The international standard on Asset
Management. Often referred to as ISO 55000,
the ‘meat’ of the standard is in ISO 55001.

Optimize
To achieve by quantitative or qualitative method,
as appropriate, the best value compromise
between conflicting factors such as performance,
cost and risk within established constraints.

46 April 2022
Strategic Asset Management Plan (SAMP)
A SAMP translates the corporate goals and
objectives to Asset Management Objectives
and documents the strategic actions identified
to build and improve the asset management
system. The SAMP lays out a roadmap for the
ongoing build out of City of Berkeley’s Asset
Management System to meet organizational
objectives and challenges and define
performance targets for the assets.

The Corporate SAMP – this document – is a City
of Berkeley wide strategy driven by corporate
challenges and the Corporate AM Policy.

References
The following references were used in the
development of this terminology list:
› ISO 55000 Series, 2014
› BSI PAS 55-1 Asset Management Part 1:

Specification for the optimized management
of physical infrastructure assets, 2008
› Institute for Asset Management (IAM)
Definitions https://theiam.org/knowledge/
definitions
› IAM Asset Management: an anatomy,
version 3, December 2015
› International Infrastructure Management
Manual, 2015

47 Strategic Asset Management Plan
Appendix C:

Typical AM System Framework

48 April 2022
APRIL 2022 CityofBerkeley.info
2180 Milvia Street
Berkeley, CA 94704

STRATEGIC ASSET

MANAGEMENT PLAN
City of Berkeley

May 10, 2022
1 City of Berkeley
Asset Management Policy
Section 1. General Policy
The City of Berkeley is committed to implementing best asset management practices in order to provide quality services to the community. As stewards of the City’s critical infrastructure, facilities and equipment, the Public Works and Parks, Recreation and Waterfront Departments must seek to employ asset management practices to ensure these various assets are maintained and replaced in an economical and sustainable manner. In partnership with the community, the Departments strive to provide outstanding, nationally-recognized leadership in developing and offering efficient, cost effective, resilient and sustainable infrastructure services.

Section 2. Purpose
The purpose of this policy is to provide guidance and direction to the departments as it pertains to managing all physical assets managed by the Public Works and Parks, Recreation and Waterfront Departments. This policy will include general principles that are to be applied in the implementation of the Asset Management Program (AMP), ranging from initial procurement or installation, asset maintenance during useful life, to the eventual replacement or surplus of various physical assets.

Section 3. Principles
The program principles shall include:
 Life Cycle Approach – apply a life-of-an-asset methodology for managing infrastructure assets, including planning, acquisition, operations, maintenance, renewal and surplus or disposal.  Financial Stewardship – understand full asset values to ensure the best short-term and long-term asset decisions are being made.
 Service Level – understand the service level and use of each asset to inform the prioritization of asset maintenance or replacement as it relates to the capital improvement plan.  Risk Mitigation – understand and mitigate risk associated with physical assets based on their condition and usability.
 Process Optimization – continuously seek opportunities and tools to improve asset management processes.
 Standard Operating Procedures (SOPs) – establish and, as processes and tools change, update SOPs to allow for consistent implementation of asset management policy principles.

Section 4. Objectives
The program objectives shall include:
 Inventory City owned assets to ensure proper accounting of their location, status, and expected useful life.
 Routinely assess condition of significant assets.
 Continue to explore opportunities to optimize the way in which departments’ track and manage physical assets through technology including, but not limited to, work order and asset management software and GIS applications.

May 10, 2022
2  Develop standard operating procedures for properly documenting, maintaining and tracking assets throughout their lifecycle.
 Utilize data to report accurately and effectively on the life cycle cost of each physical asset that is tracked. This information must be available for proper planning and budget preparation as it pertains to the capital improvement program, annual capital expenditures and broader infrastructure investment considerations for the City.

Section 5. Policy Requirements
The AMP shall be based on the following requirements.

A. Scope:

This policy will apply Citywide. The AMP will be led in the Public Works and the Parks, Recreation and Waterfront Departments and shall include the following assets:

Public Works
 Streets and roads
 Sidewalks
 Streetlights
 Transportation assets (bikeways, parking meters, traffic signals, parking garages, signage, etc.)  Sanitary sewers
 Stormwater and green infrastructure
 Zero waste
 Fleet and vehicles
 Building facilities
Parks, Recreation & Waterfront
 Parks
 Camps
 Recreation facilities
 Waterfront
 Trees
 Natural environment and habitat
The departments will coordinate with the Finance Department to support the Comprehensive Annual Financial Report (CAFR) reporting. City policy (A.R 3.13) has set the capitalization threshold for reporting capital assets at the following:

Non-Infrastructure Capital Assets > $5,000
Infrastructure Capital Assets > $100,000
In an effort to continually improve the Department’s asset management capabilities, new tools and methods must be evaluated on a consistent basis. The City of Berkeley is implementing new computerized asset management systems for the Parks, Recreation, and Waterfront and Public Works’ maintenance functions, and this system is connected to the City’s GIS. A new fleet asset management system is also being implemented.

B. Equity:

May 10, 2022
3 The benefits of good infrastructure shall be distributed equitably throughout the entire community regardless of the income, political influence, or demographic characteristics of the residents in each area. Equity means that disadvantaged residents with more pressing needs experience benefits sooner than others.

C. Performance Metrics:

The AMP shall prepare a set of performance metrics to monitor the effectiveness of the program.

Consideration shall be given to the following topics:
 The percentage of assets that are inventoried.
 The percentage of significant assets that have had routine condition assessment completed on time.
 Completion of the Annual Maintenance Plan completed.
 The amount of annual maintenance funding expended.
 Customer satisfaction.

Section 6. Funding
The AMP shall prepare estimates of the cost to inspect, maintain, repair and replace infrastructure systems over its useful life. These costs shall be used to evaluate funding options and incorporated into annual budget requests.

Section 7. Plan Implementation
The AMP and policy development shall be implemented and updated as follows:

A. Initial Implementation:

Due to the complexity of the new program, the AMP will be implemented initially in the Public Works and Parks, Recreation and Waterfront Departments. Once the program in in operation, the program will be expanded to other appropriate departments in the City.

B. Reporting and Oversight:

The AMP will be managed by an Asset Management Team and direction will be provided by an Asset Management Steering Committee. The Team will prepare an Annual Maintenance Plan and share this report during the budget development process. These reports will be provided to the City Council and relevant commissions and available to the public.

C. Updates to Policy:

This policy shall be reviewed and updated every five years.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

REVISED

AGENDA MATERIAL
Meeting Date: May 10, 2022
Item Number: 32
Item Description: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code
Submitted by: Interim Chief of Police, Jennifer Louis
The following materials replace the annual technology use reports for GPS trackers and Automated License Plate Readers. The documents originally submitted incorrectly contained some data from the prior year’s technology use reports.

32

ATTACHMENT 3

Surveillance Technology Report: Global Positioning System Tracking Devices October 1, 2020 – Sept. 30, 2021
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Global Positioning System Trackers are used to track the movements of vehicles, bicycles, other items, and/or individuals.

What data is captured by this technology:

A GPS Tracker data record consists of date, time, latitude, longitude, map address, and tracker identification label. The data does not contain any images, names of subjects, vehicle information or other identifying information on individuals.

How the data is stored:

The data from the GPS tracker is encrypted by the vendor. The data is only accessible through a secure website to BPD personnel who have been granted security access.

Retention period of data:

Tracker data received from the vendor shall be kept in accordance with applicable laws, BPD policies that do not conflict with applicable law or court order, and/or as specified in a search warrant.

For the date range of 10-01-20 through 09-30-21 the Global Positioning System (GPS) “Electronic Stake Out” (ESO) devices were not deployed. This program was suspended in mid-March 2020 due to the COVID-19 pandemic.

GPS “Slap-N-Track” (SNT) devices were used in two separate investigations during this reporting period:
(1) An investigation into two individuals and their involvement in a shooting that occurred in Berkeley. The case resulted in the arrest of both individuals and the recovery of 10 firearms, including the firearm used in the original shooting investigation.
(2) An investigation into a problematic serial commercial burglar. He is believed to be the responsible in a series of 16 commercial burglaries. Investigation is on- going.

Data may be shared with the District Attorney’s Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; other law enforcement personnel as a part of an active criminal investigation; and other third parties, pursuant to a court order.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

ATTACHMENT 3

GPS SNT devices are deployed with judicial pre-approval, based on suspect location, rather than geographical consideration.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There were no complaints made regarding GPS Trackers.

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There were no audits and no known violations relating to GPS Trackers.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There were no known data breaches relating to GPS Trackers.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

The GPS ESO trackers were not used during this time period. The program was suspended in mid-March 2020 due to the COVID-19 pandemic. This program will likely resume once the pre-COVID bail schedule is re-established.

GPS SNT trackers are effective in that they provide invaluable information on suspect vehicle location during the investigation of complex cases where suspects may be moving around the Bay Area and beyond.

GPS Trackers greatly reduce costs associated with surveillance operations. A bike may be left for days. Surveillance operations generally involve four or more officers for the entire duration of an operation. A moving surveillance is extremely resource-intensive, requiring multiple officers in multiple vehicles for extended periods of time. Using both types of GPS trackers eliminates the need for officers’ immediate presence until officers are ready to apprehend the suspect(s).

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual cost for the GPS Trackers’ data service is $1,800. Further information regarding costs is contained in Policy 1301a, the Surveillance Acquisition Report.

There are staff time costs associated with preparing and placing SNT trackers. The investigator must prepare a search warrant and obtain a judge’s approval, and a small number of officers must place the tracker on the suspect’s car. The total number of hours is a fraction of the time it would take to do a full surveillance operation involving numerous officers.

There are staff time costs associated with preparing ESO trackers and placing ESO tracker-equipped bikes for bait bike operations. These are on the order of two-four hours per operation. The total number of hours is extremely small, given the large number of operations, and resulting arrests.

ATTACHMENT 4

Surveillance Technology Report: Automated License Plate Readers October 1, 2020 – Sept. 30, 2021
Description A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing.

Automated License Plate Readers (ALPRs) are used by Parking Enforcement Bureau vehicles for time zone parking and scofflaw enforcement. The City’s Transportation Division uses anonymized information for purposes of supporting the City’s Go Berkeley parking management program. ALPR use replaced the practice of physically “chalking” tires, which is no longer allowed by the courts.

What data is captured by this technology:

ALPR technology functions by automatically capturing an image of a vehicle's license plate, transforming that image into alphanumeric characters using optical character recognition software, and storing that information, along with relevant metadata (e.g. geo-location and temporal information, as well as data about the ALPR).

How the data is stored:

The data is stored on a secure server by the vendor.

Retention period of data:

Collected images and metadata of hits are stored no more than 365 days. Metadata of reads are not stored more than 30 days.

Summary of ALPR Time Zone Enforcement Data
Read Data (only retained for 30 days)
There was a total of 296,744 reads
There was an average of 9891 “Reads” per working day
(Based on one month’s data: 9/1/2021 to 9/30/2021)
From 10/1/2020 to 9/30/2021
Hit Data
There were 81,892 “Hits”
41,007“Enforced Hits” resulted in citation issuance.
1,928 “Not Enforced” valid, enforceable hits resulted in no citation issued, based on PEO discretion.
38,945 Hits were not acted upon for a variety to reasons including but not limited to:
1) Customer comes out to move a vehicle. PEO’s are directed not to issue that citation.
2) Officer gets to the dashboard and sees a permit not visible from a previous location.

ATTACHMENT 4

3) Officer does a vehicle evaluation and confirms that the vehicle moved from the hit location (e.g. across the street within GPS range). 4) Stolen car.
5) Similar Plates.
6) 600-700 GIG cars- 100 revel scooters.
7) Officers leave their LPR “on” collecting time zone enforcement data, but leave the area being enforced to drive to another location on another assignment, such as a traffic post at a collision scene. These hits are not enforced.

Genetec is the vendor for the ALPR Time Zone enforcement system. A “read” indicates the ALPR system successfully read a license plate. The information that is generated when a plate is viewed by the ALPR camera is the license plate number, state and geographical (GPS) location it was viewed. A “hit” indicates the ALPR system detected a possible violation, which prompts the Parking Enforcement Officer to further assess the vehicle. At “hit” is when the “read” information is recognized as a license plate that matches, or does not match an entry in a list such as permit list or the stolen vehicle “hot list”. In many cases, hits are “rejected” or “not enforced”, meaning no enforcement action is taken, because the Parking Enforcement Officer determines the vehicle has an appropriate placard or permit, or there is other information or assignment which precludes citation.

Summary of ALPR Booting Scofflaw Enforcement Data
0 vehicles booted from 10/1/20-9/30/21
The Berkeley Police Department no longer maintains the ALPR Booting Scofflaw Enforcement Program. The contract to provide this service became cost prohibitive and the city opted not to renew the contract with the vendor. The city returned to having each PEO working a beat again become responsible for recognizing when a license plate has accumulated five or more unpaid parking tickets.

All BPD ALPR data may only be shared with other law enforcement or prosecutorial agencies for official law enforcement purposes, or as otherwise permitted by law. All ALPR data is subject to the provisions of BPD Policy 415 - Immigration Law, and therefore may not be shared with federal immigration enforcement officials.

Geographic
Deployment
Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically.

Only Parking Enforcement Vehicles are equipped with ALPRs. ALPRs are deployed based on areas where there are parking time restrictions. ALPRs are not deployed based on geographic considerations not related to parking and scofflaw enforcement.

Complaints A summary of each complaint, if any, received by the City about the Surveillance Technology.

There have been no complaints about to the deployment and use of Automated License Plate Readers.

ATTACHMENT 4

Audits and
Violations
The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.

There have been no complaints of violations of the ALPR Surveillance Use Policy.

Data
Breaches
Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response.

There have been no known data breaches or other unauthorized access to Automated License Plate Reader data.

Effectiveness Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes.

ALPRs have proven effective in parking enforcement for time zone enforcement; the prior utilization of manually chalking car tires for time zone enforcement has been disallowed by court decision.

ALPRs have proven effective in supporting enforcement upon vehicles which have five or more unpaid citations. The ALPR’s ability to read and check license plates while being driven greatly increases efficiency, allowing an operator to cover larger areas more quickly without having to stop except to confirm a hit.

Costs Total annual costs for the Surveillance Technology, including personnel and other ongoing costs.

The annual system maintenance cost for Genetec is $51,720. This cost is borne by the Transportation Division, which covers warranties, support, and cellular connection costs.

Genetec ALPR units are installed on 22 Parking Enforcement vehicles. Parking Enforcement personnel perform a variety of parking enforcement activities, and are not limited solely to time zone enforcement. Therefore, personnel costs specifically attributable to time zone enforcement are not tracked.

Terry Taplin
Councilmember District 2
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7120 TDD: 510.981.6903 E-Mail: [email protected]

SUPPLEMENTAL

AGENDA MATERIAL
for Supplemental Packet 3

Meeting Date: January 25, 2022

Item Number: 27

Item Description: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

Submitted by: Councilmember Taplin

The District 2 office submits the following amendments to the District 4 office’s supplemental for consideration:

1. Amend Section 1302.3(c)(1): replace subsection with affirmation that “existing laws prohibiting trespassing and unlawful search and seizure shall be followed.”

2. Amend Section 1302.3(c)(2): append reference to existing BPD policies prohibiting harassment and intimidation, and pertinent disciplinary actions, including but not limited to General Order P-26.

3. Strike Section 1302.3(c)(6). This would prohibit the use of parking enforcement ALPR data in criminal investigations, even if parked vehicles are in a crime scene under investigation, thus endangering public safety by hindering investigatory capacity.

4. Strike Section 1302.3(c)(7). Parking Enforcement Officers (PEOs) should be able to match ALPR data to other databases where information on suspended or revoked licenses and open arrest warrants may be stored. Stolen vehicles are not the only public safety purpose in which PEOs may be of assistance.

5. Amend Section 1302.4: specify that only authorized staff may access CLETS data pursuant to the California Department of Justice’s CLETS Policies, Practices, and Procedures Section 1.9.3 and Section 1.9.4.

Surveillance Use Policy – Automatic License Plate Readers 1302.1 PURPOSE
This Surveillance Use Policy is legally-enforceable pursuant to BMC 2.99.

The policy of the Berkeley Police Department is to utilize ALPR technology to capture and store digital license plate data and images for Parking Enforcement Operations and Parking Occupancy Analysis while recognizing the established privacy rights of the public.
1302.2 DEFINITIONS
“Alleged Parking Violation” means an alleged violation of time limits in parking areas designated by state and local law, or a violation of time limits and/or non-permit parking in the City’s RPP zones.
“ALPR Read Image” means images of license plates, vehicles, wheels or any other incidentally captured image.
“ALPR Read” means computer-readable data captured by an ALPR Reader, including ALPR Read Image and associated ALPR Read Metadata. ALPR Reads are transient means to create potential government records, to include Parking Occupancy Analysis data and Enforced Citations, and therefore shall not be considered a government record itself pursuant to Government Code § 34090.6.
“ALPR Hit” means an Alleged Parking Violation or State Stolen or Wanted System alert resulting from computer generated analysis of ALPR Reads by the Genetec ALPR System resulting in an apparent:
(1) match between an ALPR Read and ALPR Read Metadata stored in the Genetec ALPR System, to include the State Stolen or Wanted System; or (2) incongruence between an ALPR Read and permit information stored in the Passport Parking Management System.
“ALPR Read Metadata” means any image-based or other metadata, including but not limited to, global positioning system coordinates, block face information, tire position information, digitized license plates in alphanumeric characters, and timestamps. “Automated License Plate Reader” or “ALPR” means one or more Genetec AutoVu mobile cameras affixed to Parking Enforcement Scooters and combined with computer software and algorithms to read and convert images of license plates, the characters they contain, and associated ALPR Read Metadata related to Parking Enforcement Operations or Parking Occupancy Analysis into computer-readable data. “Deploy” or “Deployment” means any operation or use of ALPR Readers affixed to Parking Enforcement Scooters.

“Enforced ALPR Hit” means an Alleged Parking Violation confirmed by a Parking Enforcement Officer that results in the transmission of associated ALPR Read Image and ALPR Read Metadata to the Passport Parking Management System for storage in a database as a government record for the purpose of citation processing. “Genetec ALPR System” means the computerized Genetec server and database that stores and pushes ALPR Read Metadata generated by ALPR Readers. “Residential Parking Permits” or “RPP” means an annual, visitor, merchant or in-home care parking permit, typically represented by a vehicle’s license plate, and associated with the City’s Residential Parking Permit program across designated zones. “Parking Enforcement Scooter” means the GO-4 three-wheeled parking enforcement vehicle.
“Parking Enforcement Officers” means employees of the City who work weekly rotations on Parking Enforcement Operations beats throughout the City and are properly trained to operate ALPRs and access the Genetec ALPR System.
“Parking Enforcement Operations” means Parking Enforcement Officer enforcement of parking regulations associated with local ordinances, the California Vehicle Code, and State Stolen or Wanted System enforcement through Parking Enforcement Scooter- based automated (ALPR) and non-automated means.
“Personally Identifiable Information” or “PII” means information:
(1) that directly identifies an individual (e.g., name, address, vehicle registration number, or other identifying number or code, telephone number, email address, etc.) or (2) by which the City or other agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. “Parking Occupancy Analysis” means ongoing computational or algorithmic analyses performed by Passport Parking Management System or the City of Berkeley on ALPR Read Metadata regarding the occupancy of total parking spaces across commercial districts as part of goBerkeley, the City's data-driven, demand-responsive parking management program. ALPR Read Metadata data associated with Parking Occupancy Analysis shall not include any license plate or other PII information. “Parking Permit Application” means an application submitted to the City for RPP or other permit that may include but is not limited to PII such as names, address, photo identification, vehicle registration (license plate and vehicle identification number), phone number and email address.
“Passport Automatic Occupancy Data Collection System” means the server and database whereby the Passport Parking Management System vendor, on behalf of the City, downloads, stores and transfers Parking Occupancy Analysis ALPR Read

Metadata stripped of any and all PII before being transferred to the goBerkeley program.
“Passport Parking Management System” means the servers and databases maintained by Passport Labs Incorporated, containing the database of the license plate numbers and other PII associated with Parking Permit Applications and Residential Parking Permits, and including historic parking citation data, to include Enforced Hits. “PocketPEO” means a mobile device providing handheld ticket issuance and ALPR data reference capabilities.
“State Stolen or Wanted System” means information from the California Law Enforcement Telecommunications System's (CLETS) Department of Motor Vehicles (DMV) Stolen Vehicle System (SVS) database providing data regarding stolen vehicles., and the Federal Bureau of Investigation's National Crime Information Center (NCIC) database of and wanted vehicles.
1302.3 AUTHORIZED AND PROHIBITED USES
Use of an ALPR is restricted to the purposes outlined below.

All data and images gathered by the ALPR are for official use by the Berkeley Police Department for Parking Enforcement Operations and may be retroactively queried in limited circumstances only as specified by this policy.

In addition, ALPR data may be used by the Finance, Information Technology (IT), Customer Service, and Public Works Departments only as specified herein this policy, and consistent with Parking Enforcement Operations and Parking Occupancy Analysis.

Since such data may contain confidential information, it is notData that is considered confidential under recent state Supreme Court rulings is not open to public review, except as specified.

Berkeley Police Department members or other Departments shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

Anyone who engages in an impermissible use of the Genetec ALPR system or associated scan files or hot lists may be subject to administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies.
(a) An ALPR shall only be Deployed and used for Parking Enforcement Operations, and Parking Occupancy Analysis.
(b) ALPR data strictly obtained from Parking Enforcement Operations retained pursuant to this use policy, including data and metadata associated with ALPR Reads and Hits, Formatted: Not Highlight

may be used to support a specific criminal investigation only pursuant to a valid court order, subpoena, or a search warrant.
(c) The following uses of the Genetec ALPR System are specifically prohibited:
(1) Invasion of Privacy

Except when done pursuant to a court order, subpoena, or a search warrant, iIt is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).Existing laws prohibiting trespassing and unlawful search and seizure shall be followed.
(2) Harassment or Intimidation
It is a violation of this Policy to use the Genetec ALPR system to harass and/or intimidate any individual or group, pursuant to BPD General Order P-26. (3) Use Based on a Protected Characteristic.

It is a violation of this Policy to use the ALPRs or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by state and federal law.
(4) Personal Use

It is a violation of this Policy to use the Genetec ALPR System or associated ALPR Read data or the State Stolen or Wanted System hot lists for any personal purpose. (5) First Amendment Rights

It is a violation of this Policy to use ALPRs or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights. (6) Criminal Enforcement
It is a violation of this Policy to use or Deploy ALPRs to scan or canvass license plates in connection with any crime scene, patrol operation, or investigation. (7) Use of Hot Lists
It is a violation of this Policy to use the Genetec ALPR System in conjunction with any hot list other than the State Stolen or Wanted System.
1302.4 DATA COLLECTION AND RETENTION

The Investigations Division Captain, or their designee, is responsible for ensuring proper collection and retention of ALPR data. Technical support and assistance shall be provided by the City of Berkeley's IT department and associated Genetec ALPR system providers/vendors as identified below.

IT's role will be limited to providing initial infrastructure set-up and accessing or viewing individual records or reports (potentially including PII or CLETS information as authorized by the Chief of Police), limited to the purposes of testing the accuracy of the equipment. Genetec ALPR System data provided to Parking Control Officers may also contain confidential CLETS information and is not open to public review.

ALPR information gathered and retained by the Berkeley Police Department may only be used and shared with prosecutors or other law enforcement agencies pursuant to a valid court order, subpoena, or a search warrant and as limited by this policy. (a) ALPR Read Images
ALPR Read Images and Metadata resulting from ALPR Reads stored locally on Parking Control Officer Vehicle laptops and PocketPEO shall be purged at least nightly.

In no case shall ALPR Read Images resulting from ALPR Reads be transmitted to or stored in the Genetec ALPR System.
(b) ALPR Reads Not Resulting in ALPR Hits
All ALPR Read Metadata from ALPR Reads transmitted and stored in the Genetec ALPR System shall be purged within five (5) days consistent with the City’s 72- Hour Rule (BMC Section 14.36.050).

In no case shall ALPR Read Metadata in the form of license plate data or other PII be transmitted to or stored in the Passport Automatic Occupancy Data Collection System. (c) ALPR Hits
All ALPR Read Images, Metadata, and Hits resulting from ALPR Reads stored locally on Parking Control Officer Vehicle laptops and PocketPEO shall be purged at least nightly.

In no case shall data associated with ALPR Hits be transmitted to or stored in the Genetec ALPR System, nor shall license plate data or other PII included as part of ALPR Read Metadata be transmitted to or stored by the City for Parking Occupancy Analysis (goBerkeley), to include the Passport Automatic Occupancy Data Collection System or as City Department records.
(d) Unenforced ALPR Hits
All erroneous and unenforced ALPR Hit data and Read Metadata shall be purged locally at least nightly.
(e) Enforced ALPR Hits

Only ALPR Read Images and Metadata associated with Enforced ALPR Hits shall be downloaded to the Passport Parking Management servers with a minimum retention period of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal action pursuant to a valid court order, subpoena, or a search warrant or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 1302.5 DATA ACCESS
(a) Only properly trained Parking Control Officers and information technology personnel are allowed access to the Genetec ALPR system or to collect ALPR information. (b) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training, which shall include complying with this use policy.
(c) No ALPR operator may access California Law Enforcement Telecommunications System (CLETS) data unless otherwise authorized to do so pursuant to California Department of Justice’s CLETS Policies, Practices, and Procedures Section 1.9.3 and Section 1.9.4
.
(cd) If a Sworn officer is called to verify a stolen vehicle, iIf practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR Hit. (e) Police will not take any police action that restricts the freedom of any individual based solely on an ALPR Hit unless it has been validated as described above in (d). (1) Police need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.
(2) Prior to initiation of a stop of a vehicle or other intervention based on an ALPR Hit, Department members shall undertake the following:
(i) Verification of status on State Stolen or Wanted System.

An officer must receive confirmation from a Police Department Communications Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances).

(ii) Visual verification of license plate number.

(d) Sworn Officers shall visually verify that the license plate of interest matches identically with the ALPR Read Image of the license plate number captured (ALPR Read) by the ALPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding. Department members alerted to the fact that an observed motor vehicle's license plate is entered as an ALPR Hit in a specific State Stolen or Wanted System list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle. 1302.6 CIVIL LIBERTIES AND RIGHTS PROTECTION:

The Berkeley Police Department is dedicated to the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. The procedures described within this policy (Data Access, Data Protection, Data Retention, Public Access and Third- Party Data Sharing) protect against the unauthorized use of ALPR data. These policies ensure the data is not used in a way that would violate or infringe upon anyone's civil rights and/or liberties, including but not limited to impacts that may violate the First and Fourth Amendments and other potentially disparate or adverse impacts on any communities or groups.

The Berkeley Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for the purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).

1302.7 PUBLIC ACCESS
Non-law enforcement requests for information regarding a specific vehicle's license plate may be honored when the requester is the registered owner of the vehicle in question, and when providing such information will not invade the privacy of a third party. The requester in such cases must provide acceptable proof of his or her identity and of ownership of the vehicle in question.
1302.8 THIRD-PARTY DATA-SHARING
(a) Non-law enforcement requests for access to stored ALPR data related to parking management shall be processed according to this policy, and the Records Maintenance and Release Policy in accordance with applicable law.
(b) The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as permitted by this policy and under Formatted: Strikethrough

no circumstances. ALPR data is subject to the provisions of BPD Policy 415, and hence may not be shared with federal immigration enforcement officials.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided by this policy and in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

Aggregated ALPR data not related to specific criminal investigations authorized by a court order, subpoena, or search warrant shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager and only in accordance with this Use Policy.

Third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020 (2) (a).
1302.9 TRAINING AND ALPR ADMINISTRATOR
Training for the operation of ALPR technology shall be provided by BPD personnel. All BPD employees who utilize ALPR technology shall be provided a copy of this Surveillance Use Policy.
(1) The Investigations Division Captain shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(i) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the Genetec ALPR system or to collect ALPR information.

(ii) Ensuring that training requirements are completed for authorized users. The Administrator shall ensure that members receive department-approved training for those authorized to use or access ALPRs (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

(iii) A description of how the Genetec ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.

(iv) Procedures for system operators to maintain records of access in compliance with Civil Code§ 1798.90.52 and this Use Policy.
(v) The title and name of the current designee in overseeing the ALPR operation. (vi) Ensuring this policy and related procedures are conspicuously posted on the City's website.
1302.10 AUDITING AND OVERSIGHT
Formatted: Strikethrough

Genetec ALPR System audits will be conducted by the Professional Standards Bureau's (PSD) Audit and Inspections Sergeant pursuant to Municipal Code SectionBMC

2.99.020 4. k. on a regular basis, at least biannually. (1) Any unauthorized access or data breach shall be reported immediately to the City Manager.
(2) The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d.
, published on the City of Berkeley
website in an appropriate location, and retained by PSD. 1302.11 MAINTENANCE
Any installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Investigations Division Captain or his or her designee. The Investigations Division Captain will assign members under their command to administer the day-to-day operation of the ALPR equipment and data.

Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7140 TDD: 510.981.6903 E-Mail: [email protected]

REVISED AGENDA MATERIAL
for Supplemental Packet 2

Meeting Date: November 30, 2021

Item Number: 27

Item Description: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

Submitted by: Councilmember Harrison

The supplemental includes updates to the ALPR Use Policy as follows:

• Removes reference to Government Code Section 34090 consistent with SB 34 (providing for a local government to set ALPR retention limits). • Clarifies that the definition of the State Stolen System includes the DMV’s SVS database.
• Clarifies the type of data that is considered confidential pursuant to recent State Supreme Court rulings.
• Fixes inconsistency under the “Invasion of Privacy” section. • Adds missing reference to state and federal law under “Use Based on a Protected Characteristic” section.
• Clarifies IT’s role in maintaining accuracy and functionality of ALPR equipment.
• Further clarifies distinction between ALPR Read Images and ALPR Hits. • Strikes extraneous language regarding Sworn Officer stolen vehicle verification procedures.
• Clarifies that ALPR data may only be shared with law enforcement or prosecutorial agencies as permitted by the Policy.
• Adds specific references to BMC sections under the auditing and oversight section.
• Adds other non-substantive changes.