Agenda packet — Berkeley City Council, June 14, 2022 (part 6 of 7)

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Project Name: Project Code: PWZWCB2301
Total Capital Project Budget: 400,000$ FY 2023-2027 Capital Project B 400,000$ Department: Public Works Pr ogram Category: Other Infrastructure Project Status New Project Strategic Plan No Total Previous Fiscal Years
Actuals
*Estimated FY 2022
Unencumbered Carryover Capital Budget Year
Capital Project Budget

Expenditures 2023 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 5 Yr Total Salary and Benefits -$
Plans/Specs/Designs/CM -$
Construction 400,000$ 400,000$
Total Capital Project Budget -$ -$ 400,000$ -$ -$ -$ -$ 400,000$ Project Impact on
Total Previous Fiscal Years
Actuals
*Estimated FY 2022
Unencumbered Carryover Capital Budget Year
Operating Budget

Expenditures 2023 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 5 Yr Total Salary and Benefits $ - -$
Non-Personnel -$ -$
Total Operating Budget -$ -$ -$ -$ -$ -$ -$ -$
Total Previous Fiscal Years
Actuals
*Estimated FY 2022
Unencumbered Carryover Capital Budget Year
Sources of Funding

Expenditures 2023 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 5 Yr Total 601- Zero Waste 400,000$ 400,000$
Fund -$
Fund -$
Fund -$
Total -$ -$ 400,000$ -$ -$ -$ -$ 400,000$
Project Description:

Project Justification:

Per Health and Safety Code 25292.05 On or before 12/31/25 the owner of a single wall underground storage tank must permanently close the UST.

Without this project, Public Works could incur fines and will not be able to fuel Zero Waste vehicles.

Project Location:
1201 Second Street - Transfer Station. City Council District 1.

History/Notes:
*The FY 2023 Capital Budget includes a combination of new appropriation and carryover appropriation of estimated FY 2022 unencumbered funds. The carryover appropriation is estimated as part of the CIP budget development. It will be reconciled to actual unencumbered funds at FY 2022 year-end close.

Unappropriated Future (Planned) Fiscal Years
The two 10,000 gallon single wall underground storage tanks at the Transfer Station must be removed or closed in place and replaced with a new tank likely a temporary above ground storage tank plus dispensers if it is relocated if approved by the Fire Department. There may be additional costs if contamination is discovered. The above estimate is a place holder as no work has been done on this required project.

Unappropriated Future (Planned) Fiscal Years
City of Berkeley
FY 2023 - 2027 Capital Improvement Plan
Capital Project Detail Page
Underground Tank Removal and Replacement
Unappropriated Future (Planned) Fiscal Years
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EQUIPMENT & FLEET
Summary
All City Departments make annual replacement contributions into the Equipment Replacement Fund for the eventual replacement of their vehicles. The Equipment Management 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 equipment from the Replacement Fund in accordance with the replacement schedule. Equipment Management reviews the replacement schedule and identify vehicles on the schedule that can be replaced with energy saving vehicles.

Accomplishments
In addition to managing the replacement schedule and purchase of new vehicles, the Equipment Management Division maintains the city’s fleet of 730 vehicles, heavy duty trucks and large pieces of equipment. In FY 2021 and FY 2022, Equipment Management started implementation process for Assetworks Software to replace Fleet Module in Fund$, implemented Syntech Fuel Monitoring Software, and the Zonar Pilot Program for Geographical Positioning System (GPS) on City Vehicles. Public Works has reduced the City fleet’s consumption of gas by 37% over its previous high. $9.5 million of vehicles were purchased as part of the Vehicle Replacement Program, including 8 hybrid and 15 electric vehicles.
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FY 2023 CIP PROJECTS
In FY 2023 the Equipment Replacement Fund is scheduled to replace 49 vehicles in the amount of $2.8 million, and replace 33 vehicles for $2.4 million in FY 2024.

Funding
The
proposed budget reflects the 5-year replacement plan to replace equipment and vehicles citywide.

The amount budgeted per year vari es due to type/cost of the vehicles on the replacement schedule.

All departments contribute to the Equipment Replacement Fund based on the projected replacement cost of each of their vehicles and in according to the vehicle’s replacement schedule. Replacem ent vehicles are not purchased until the vehicle to be replaced has been fully funded. New vehicle purchases that are fleet additions (net new vehicles) are then added to the equipment replacement schedule and departmental cost allocation.
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
1406 2008 GO-4 SCOOTER FY23 52,500$
1410 2008 GO-4 SCOOTER FY23 52,500$
1411 2008 GO-4 SCOOTER FY23 52,500$
1802 2010 CARGO VAN FY23 65,000$
1814 2016 PD SUV FY23 56,500$
1815 2016 PD SUV FY23 56,500$
1816 2016 PD SUV FY23 56,500$
1817 2016 PD SUV FY23 56,500$
1818 2016 PD SUV FY23 56,500$
1819 2016 PD SUV FY23 56,500$
1820 2016 PD SUV FY23 56,500$
1821 2016 PD SUV FY23 56,500$
1822 2016 PD SUV FY23 56,500$
1823 2016 PD SUV FY23 56,500$
1824 2016 PD SUV FY23 56,500$
1825 2016 PD SUV FY23 56,500$
1967 2011 4X4 SPORT UTILITY TRUCK FY23 98,374$
2002 2002 KOBELCO EXCAVATOR FY23 65,000$
2016 2009 PORTABLE AIR COMPRESSOR FY23 29,000$
2017 2009 ASPHALT ROLLER FY23 53,500$
2049 2017 WET VAC FY23 1,500$
2050 2017 WET VAC FY23 1,500$
2318 2008 JD BACKHOE FY23 150,000$
2361 2006 F250 UTILITY TRUCK FY23 57,000$
2364 2006 3500 SIERRA PICKUP FY23 75,000$
2377 2011 1/2 TON PU FY23 43,500$
2600 2011 E350 VAN FY23 40,000$
2902 2008 F150 FY23 57,000$
3012 2001 CHEVY 2500HD PICKUP FY23 55,000$
4105 2003 E350 VAN CNG GAS FY23 60,000$
4109 2009 XL SUPERCAB PICK UP FY23 55,000$
4110 2008 FORD ESCAPE HYBRID FY23 38,000$
4111 2010 XLT SUPERCAB PICKUP FY23 55,000$
4112 2011 XLT SUPERCAB PICKUP FY23 55,000$
4113 2011 XLT SUPERCAB PICKUP FY23 55,000$
4705 2005 4300 UTILITY TRUCK FY23 300,000$
4706 2006 3/4 TON PU FY23 54,500$
6213 2017 BILLY GOAT TURF VACUUM FY23 1,200$
6403 2009 1/2 TON PU FY23 43,500$
6889 2008 FORD ESCAPE HYBRID FY23 45,000$
8191 2010 E450 SUPER DTY VAN FY23 90,000$
8231 2011 E350 - 15 PASSENGER VAN FY23 65,000$
8506 2012 TOYOTA PRIUS HYBRID FY23 38,000$
8507 2012 TOYOTA PRIUS HYBRID FY23 38,000$
8511 2014 TOYOTA PRIUS HYBRID FY23 38,000$
8602 2009 F250 UTILITY TRUCK FY23 57,000$
9117 2009 TOYOTA PRIUS HYBRID FY23 38,000$
9126 2015 TOYOTA PRIUS HYBRID FY23 38,000$
9604 2013 FORD ESCAPE HYBRID FY23 38,000$
TOTAL 2,829,074$
FY 2023 Vehicle Replacement Schedule
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
1728 2013 CHEVY TAHOE FY24 68,100$
1729 2013 CHEVY TAHOE FY24 68,100$
1756 2014 POLICE SEDAN FY24 68,100$
1757 2014 POLICE SEDAN FY24 68,100$
1758 2014 POLICE SEDAN FY24 68,100$
1759 2014 POLICE SEDAN FY24 68,100$
1761 2014 POLICE SEDAN FY24 68,100$
1806 2013 FORD FUSION FY24 48,500$
1807 2013 FORD FUSION FY24 48,500$
1812 2016 FORD EXPLORER SUV FY24 68,100$
1813 2016 FORD EXPLORER SUV FY24 68,100$
1828 2017 INTERCEPTOR FY24 64,000$
1829 2017 INTERCEPTOR FY24 68,100$
2373 2009 TOPKICK UTILITY TRK FY24 210,000$
2374 2009 TOPKICK UTILITY TRK FY24 210,000$
2914 2015 SASE VACUUM FY24 4,000$
3127 2014 1/2 TON UTILITY TRK FY24 50,150$
3128 2014 1/2 TON UTILITY TRK FY24 50,150$
3129 2015 3/4 TON UTILITY TRK FY24 50,150$
3252 2016 AERIAL TRK FY24 200,000$
6406 2016 TOYOTA PRIUS HYBRID FY24 40,000$
8508 2012 TOYOTA PRIUS HYBRID FY24 40,350$
8509 2012 TOYOTA PRIUS HYBRID FY24 40,350$
8510 2014 TOYOTA PRIUS HYBRID FY24 40,350$
8519 2013 FORD ESCAPE 4WD FY24 48,000$
8520 2013 FORD ESCAPE 4WD FY24 48,000$
9011 2002 TOYOTA PRIUS HYBRID FY24 40,350$
9108 2006 TOYOTA PRIUS HYBRID FY24 40,350$
9110 2006 TOYOTA PRIUS HYBRID FY24 40,350$
9119 2013 FORD ESCAPE FY24 48,000$
9120 2013 FORD ESCAPE FY24 48,000$
9605 2014 FORD ESCAPE FY24 48,000$
9803 2014 RAM 5500 UTILITY FY24 250,000$
TOTAL 2,388,550$
FY 2024 Vehicle Replacement Schedule
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
114 1997 21" HONDA LAWN MOWER FY25 990$
226 1998 3/4 TON PICKUP FY25 37,254$
263 1996 3/4 TON UTILITY TRUCK FY25 37,080$
266 1994 1 TON PICKUP FY25 23,250$
294 1998 3/4 TON PICKUP FY25 31,766$
743 1997 PORTABLE LIGHT TOWER FY25 5,200$
1001 1999 3/4 TON PICKUP TRUCK FY25 33,342$
1116 2002 11 PASS TRANSPORT (JAIL) FY25 107,644$
1118 2003 MOBILE SUBSTATION FY25 376,204$
1400 2008 PARKING ENFORCEMENT FY25 41,249$
1409 2008 PARKING ENFORCEMENT FY25 41,249$
1548 2006 POLICE (CAPT-4) FY25 37,883$
1611 2010 TRAFFIC MOTORCYCLE FY25 39,170$
1614 2010 TRAFFIC MOTORCYCLE FY25 38,764$
1616 2010 TRAFFIC MOTORCYCLE FY25 38,764$
1618 2010 TRAFFIC MOTORCYCLE FY25 38,764$
1621 2015 2015 HONDA MOTORCYCLE FY25 33,412$
1622 2015 2015 HONDA MOTORCYCLE FY25 33,412$
1754 2011 POLICE PATROL (BEAT 9) FY25 42,000$
1810 2015 TRANSIT 350 LR VAN FY25 50,169$
1830 2017 POLICE SUV EXPLORER FY25 67,573$
1831 2017 POLICE SUV EXPLORER FY25 67,573$
1832 2017 POLICE SUV EXPLORER FY25 67,573$
1833 2017 POLICE SUV EXPLORER FY25 67,573$
1834 2017 POLICE SUV EXPLORER FY25 67,573$
1929 2010 EXPEDITION FY25 75,672$
1963 2009 F150 4X4 SUPERCREW FY25 62,707$
1964 2009 F150 4X4 SUPERCREW FY25 62,707$
1965 2009 F150 4X4 SUPERCREW FY25 62,707$
1966 2009 ESCAPE HYBRID FY25 47,741$
1991 2017 AMBULANCE FY25 310,820$
2003 2003 SKID STEER LOADER FY25 81,361$
2008 2004 HIGH PRESSURE WASHER FY25 16,852$
2013 2008 HIGH PRESSUR WASHER FY25 22,919$
2601 2011 P/U WITH LIFT GATE FY25 54,900$
2602 2011 P/U WITH LIFT GATE FY25 54,900$
2603 2011 P/U WITH LIFT GATE FY25 54,900$
2609 2015 F250 UTILITY FY25 54,942$
2700 2000 ARROW BOARD TRAILER FY25 11,087$
2703 2008 EQUIPMENT TRAILER FY25 6,928$
2911 2014 THERMOPLASTIC APPLICATOR FY25 156,280$
3017 2001 DAKOTA PICK UP FY25 26,512$
3022 2008 MINI UTILITY PICKUP FY25 37,116$
3130 2015 3/4 TON UTILITY FY25 66,550$
3131 2015 3/4 TON UTILITY FY25 66,528$
3202 2003 3/4 TON PICKUP FY25 58,584$
3203 2003 3/4 TON PICKUP FY25 58,584$
3204 2004 1/2 TON PICKUP FY25 21,761$
FY 2025 Vehicle Replacement Schedule
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
3738 2012 RIDING MOWER FY25 12,620$
3739 2012 RIDING MOWER FY25 12,620$
3818 2001 21" HONDA LAWN MOWER FY25 990$
3913 2007 KAWASAKI MULE 4X4 FY25 24,799$
4101 2001 3/4 TON UTILITY TRUCK FY25 51,860$
4102 2002 3/4 TON UTILITY TRUCK FY25 48,995$
4103 2003 3/4 TON UTILITY TRUCK FY25 40,087$
4107 2008 MINI CARGO VAN FY25 32,622$
4114 2015 ESCAPE SE FWD FY25 38,086$
4115 2015 ESCAPE SE FWD FY25 40,744$
6214 2017 LEAF VACUUM FY25 1,000$
6360 2008 CNG DROP BOX TRUCK FY25 368,254$
6361 2008 CNG DROP BOX TRUCK FY25 368,254$
6402 2008 3/4 TON PICKUP FY25 43,557$
8009 2015 TOYOTA PRIUS V FY25 48,127$
8010 2015 TOYOTA PRIUS V FY25 48,127$
8505 2002 DAKOTA 4X4 FY25 25,498$
8521 2015 TOYOTA PRIUS V FY25 48,127$
9102 2003 HYBRID HONDA CIVIC FY25 32,345$
9104 2003 HYBRID HONDA CIVIC FY25 32,345$
TOTAL 4,217,547$
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
1811 2015 TUNDRA 4X4 (TRAFFIC) FY26 54,948$
1835 2018 CHEVROLET TAHOE FY26 72,155$
1836 2018 POLICE SUV EXPLORER FY26 66,560$
1902 2015 EXPLORER (CHIEF) FY26 44,967$
1933 2013 15 PASSENGER VAN FY26 52,152$
1959 2011 4X4 TYPE 3 (E305) FY26 507,664$
1973 2013 FORD ESCAPE 4WD FY26 40,934$
1974 2013 FORD ESCAPE 4WD FY26 40,934$
1975 2013 FORD ESCAPE 4WD FY26 40,934$
1977 2013 FORD ESCAPE 4WD FY26 40,934$
2034 2013 CRACK FILL MACHINE FY26 83,097$
2035 2013 CRACK ROUTER FY26 13,940$
2319 2011 VACTOR FY26 683,294$
2378 2013 F150 SUPERCAB PICK UP FY26 47,869$
2379 2014 TUNDRA 4X2 FY26 53,192$
2380 2014 TUNDRA 4X2 FY26 53,192$
2381 2014 ESCAPE SE FWD FY26 42,655$
2382 2014 1/2 TON PICKUP TRUCK FY26 27,677$
2604 2013 E250 CARGO VAN FY26 49,891$
2605 2013 E250 CARGO VAN FY26 49,891$
2606 2013 E250 CARGO VAN FY26 49,891$
2607 2013 E250 CARGO VAN FY26 49,891$
2608 2013 E250 CARGO VAN FY26 49,891$
2909 2013 FORD ESCAPE FY26 38,204$
2910 2012 FORD F550 (SIGN TRUCK) FY26 88,862$
3001 2013 UTILITY TRAILER 5X8 FY26 6,843$
3002 2013 UTILITY TRAILER 4X6 FY26 4,769$
3003 2013 UTILITY TRAILER 4X6 FY26 4,769$
3004 2013 UTILITY TRAILER 4X6 FY26 4,769$
3005 2013 UTILITY TRAILER 4X6 FY26 4,769$
3021 2008 F250 4X2 REG CAB FY26 45,088$
3033 2015 RIDING MOWER 4X4 FY26 45,793$
3126 2014 1/2 TON UTILITY FY26 50,148$
3205 2013 1/2 TON PICKUP FY26 35,442$
3246 2012 3/4 TON PICK UP FY26 33,125$
3247 2012 3/4 TON PICK UP FY26 37,601$
3248 2012 3/4 TON PICK UP FY26 37,601$
3249 2012 3/4 TON PICK UP FY26 37,601$
3250 2014 TACOMA 4X2 FY26 35,629$
3251 2014 TACOMA 4X2 FY26 38,281$
3861 2015 4 WD MOWER FY26 140,998$
3863 2017 2017 BILLYGOAT VACUUM FY26 1,200$
4805 2012 HYBRID TOYOTA PRIUS FY26 36,000$
6211 2012 F150 4X2 SUPERCAB FY26 40,352$
6281 2012 F150 4X2 SUPERCAB FY26 40,352$
6282 2012 F150 4X2 SUPERCAB FY26 40,352$
6284 2012 F150 4X2 SUPERCAB FY26 40,352$
6405 2014 TACOMA 4X2 FY26 37,837$
FY 2026 Vehicle Replacement Schedule
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
8006 2008 HYBRID TOYOTA PRIUS FY26 36,000$
8007 2008 HYBRID TOYOTA PRIUS FY26 36,000$
8512 2014 HYBRID TOYOTA PRIUS FY26 51,025$
9004 2012 ESCAPE HYBRID FY26 53,016$
9019 2012 ESCAPE HYBRID FY26 55,825$
9111 2006 HYBRID TOYOTA PRIUS(SUP) FY26 55,829$
9123 2013 HYBRID TOYOTA PRIUS FY26 39,369$
9124 2013 F150 SUPERCAB FY26 46,451$
TOTAL 3,516,802$
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
1002 2019 FORD F250 PICKUP TRUCK FY27 60,683$
1192 2017 FORD VAN FY27 44,133$
1193 2017 FORD CAMERA VAN FY27 44,133$
1427 2019 GO-4 SCOOTER FY27 65,737$
1428 2019 GO-4 SCOOTER FY27 65,737$
1429 2019 GO-4 SCOOTER FY27 65,737$
1430 2019 GO-4 SCOOTER FY27 65,737$
1431 2019 GO-4 SCOOTER FY27 65,737$
1432 2019 GO-4 SCOOTER FY27 65,737$
1433 2019 GO-4 SCOOTER FY27 65,737$
1434 2019 GO-4 SCOOTER FY27 65,737$
1435 2019 GO-4 SCOOTER FY27 65,737$
1436 2019 GO-4 SCOOTER FY27 65,737$
1437 2019 GO-4 SCOOTER FY27 65,737$
1438 2019 GO-4 SCOOTER FY27 65,737$
1439 2019 GO-4 SCOOTER FY27 65,737$
1627 2021 HARLEY MOTORCYCLE FY27 39,424$
1628 2021 HARLEY MOTORCYCLE FY27 39,423$
1827 2016 FORD UTILITY FY27 100,000$
1841 2020 INTERCEPTOR FY27 90,405$
1909 2017 GMC 2500 PICKUP TRUCK FY27 107,635$
1918 2019 FORD F150 PICKUP TRUCK FY27 54,655$
1919 2019 FORD F150 PICKUP TRUCK FY27 54,655$
1920 2019 FORD F550 UTILITY FY27 104,378$
1921 2020 TOYOTA PRIUS PRIME FY27 39,782$
1935 2019 FORD F550 UTILITY FY27 103,369$
1936 2020 FORD F250 PICKUP TRUCK FY27 91,022$
1937 2020 TOYOTA PRIUS PRIME FY27 39,781$
1938 2020 FORD F250 PICKUP TRUCK FY27 90,000$
2051 2019 ECOS 7000 FY27 36,000$
2052 2019 ECOS 7000 FY27 36,000$
2322 2018 VACTOR 5504 FY27 768,247$
2323 2018 VACTOR 5504 FY27 768,248$
2704 2020 TRAVEL TRAILER FY27 4,699$
2705 2020 TRAVEL TRAILER FY27 4,699$
2916 2016 FORD UTILITY FY27 205,649$
3030 2012 TRACTOR 5075E FY27 60,602$
3100 2017 FORD F250 PICKUP TRUCK FY27 63,800$
3206 2019 FORD F250 STAKE BED FY27 70,575$
3207 2019 FORD F250 PICKUP TRUCK FY27 73,621$
3208 2019 FORD F250 PICKUP TRUCK FY27 79,805$
3209 2019 FORD F250 PICKUP TRUCK FY27 79,804$
3210 2019 FORD F250 PICKUP TRUCK FY27 71,080$
3212 2019 FORD F550 UTILITY FY27 74,102$
3261 2017 CRANE 7400 SBA 6X4 FY27 404,253$
3868 2020 TORO TURF VACCUM FY27 9,054$
3869 2020 TORO TURF VACCUM FY27 9,054$
3870 2020 LAWN MOWER FY27 12,000$
FY 2027 Vehicle Replacement Schedule
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Equipment
Number Year Description Replacement
Year
Replacement
Cost
3871 2020 LAWN MOWER FY27 12,000$
6212 2017 STREET SWEEPER FY27 358,706$
6407 2019 FORD F30-WB169 FY27 85,148$
6408 2019 FORD F30-WB169 FY27 85,148$
8017 2017 TOYOTA PRIUS HYBRID FY27 47,395$
8018 2020 TOYOTA PRIUS PRIME FY27 39,688$
8019 2020 TOYOTA PRIUS PRIME FY27 39,688$
8020 2020 TOYOTA PRIUS PRIME FY27 39,688$
8021 2020 TOYOTA PRIUS PRIME FY27 39,688$
8022 2020 TOYOTA PRIUS PRIME FY27 39,688$
8023 2020 TOYOTA PRIUS PRIME FY27 39,688$
8024 2020 TOYOTA PRIUS PRIME FY27 39,688$
8025 2020 TOYOTA PRIUS PRIME FY27 39,688$
8026 2020 TOYOTA PRIUS PRIME FY27 39,688$
8027 2020 TOYOTA PRIUS PRIME FY27 39,688$
8522 2016 TOYOTA PRIUS HYBRID FY27 47,489$
8603 2017 FORD PICKUP TRUCK FY27 46,713$
8605 2019 FORD VAN 5402 FY27 51,499$
9024 2016 TOYOTA PRIUS HYBRID FY27 38,000$
9026 2017 TOYOTA STATION WAGON FY27 38,000$
9127 2020 TOYOTA PRIUS PRIME FY27 39,688$
9128 2020 TOYOTA PRIUS PRIME FY27 39,688$
9129 2020 TOYOTA PRIUS PRIME FY27 39,229$
9130 2020 TOYOTA PRIUS PRIME FY27 39,229$
9131 2020 TOYOTA PRIUS PRIME FY27 39,229$
TOTAL 6,193,388$
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City Council Comments
on the FY 2023 and FY 2024
Proposed Biennial Budget and
Capital Improvement Program
Please refer to the following Agenda Packet for the
material for this item.
• May 24, 2022 Regular Meeting Agenda Packet
Item 17: Fiscal Years 2023 and 2024 Proposed Budget
and Proposed Budget Public Hearing #1
https://berkeleyca.gov/city-council-regular-meeting-eagenda-may-24-2022 This material is also on file and available for review from the City Clerk Department, or can be accessed from the
City Council Website.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:

The City of Berkeley, City Council’s Web site
https://berkeleyca.gov/your-government/city-council/city-council-agendas June 14, 2022
(Continued from May 31, 2022)

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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
June 14, 2022
(Continued from May 10, 2022)
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report

RECOMMENDATION
Adopt a Resolution approving the Controlled Equipment Impact Statements, Associated Equipment Use Policies and equipment.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impacts are minimal as the Berkeley Police Department has possessed the equipment outlined in the impact statements for many years. The majority of the fiscal impacts are limited to staff time for reporting and continuous training.

CURRENT SITUATION AND ITS EFFECTS
The Police Equipment and Community Safety Ordinance and Assembly Bill No.481 require the Police Department to submit documents outlining details of specific equipment defined as “military equipment.” The definition of “military equipment” differs between the city ordinance and state law. The Berkeley Police Department impact statements and their associated policies are comprehensive and address equipment from both the ordinance and state law. All equipment outlined within the impact statements was previously acquired to the passage of this legislation and has been in the possession of the Berkeley Police Department and utilized for many years.

BACKGROUND
On May 11th, 2021 the city of Berkeley adopted the Police Equipment and Community Safety Ordinance, Ordinance NO. 7,760-N.S. This ordinance addresses military equipment funding, acquisition, and use. This ordinance requires the Berkeley Police Department to submit impact statements and associated equipment policies on certain equipment that the Berkeley Police Department already possesses to the Police Accountability Board and City Council for approval. An annual report is also mandated by the city ordinance for the usage of specified equipment.

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Annual Reporting and Impact Statements:

Police Equipment and Community ACTION CALENDAR
Safety Ordinance June 14, 2022

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On January 1st, 2022 Assembly Bill No.481 took effect. Similar to the city ordinance, this assembly bill also addresses military equipment funding, acquisition, and use. The assembly bill and the Police Equipment and Community Safety Ordinance address similar equipment and have similar requirements. However, Assembly Bill No.481 addresses additional equipment that the city ordinance does not and requires addition impact statements and addition equipment policies.

The city ordinance provides the Police Accountability Board 90-days to review Impact Statements and their associated use policies before making recommendations and before City Council’s consideration of approval. After reconciling the city ordinance and new state law mandates, the required documents were provided to the Police Accountability Board on February 24th, 2022. On April 6th, 2022 the Police Accountability Board provided the Berkeley Police Department with their recommendations on the Impact Statements and their associated use policies. The Police Accountability Board’s recommendations are submitted as an attachment to this council item pursuant to section 2.100.040 (H)(1), which requires the Berkeley Police department provide City Council with the Police Accountability Board’s recommendations 15 days prior to a public meeting.

It should be noted that Section 2.100.040 (H)(2) states “If the City Council does not approve such item within four (4) regular City Council meetings from when the item is first scheduled, the Police Department shall cease its use of the Controlled Equipment until such review and approval occurs.”
The Impact Statements and their associated use policies and Annual Report have been submitted as attachments to this council item. The attached Impact Statements and their associated use policies were also posted onto the Berkeley Police Department’s website thirty days prior to the May 10, 2022 Council Meeting, in line with the requirements of Assembly Bill No.481.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The Police Equipment and Community Safety Ordinance and Assembly Bill No.481 require the approval of “military equipment” by a “governing body.”

ALTERNATIVE ACTIONS CONSIDERED
If the equipment outlined in the Impact Statements and their associated policies are not approved, the Berkeley Police Department is required to cease its use, per the city ordinance. Public safety and the safety of Berkeley Police Officers will be detrimentally impacted if the continued use of this equipment by the Berkeley Police Department is

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Annual Reporting and Impact Statements:

Police Equipment and Community ACTION CALENDAR
Safety Ordinance June 14, 2022

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not approved. This equipment has been relied on for many years, assisting in keeping the Berkeley community safe.

CONTACT PERSON
Jennifer Louis, Interim Chief of Police, (510) 981-5700 Attachments:

1. Resolution

2. Impact Statements and their associated use policies

3. 2021 Annual Equipment Use Report

4. Police Accountability Board Recommendation

5. Military Equipment Policy

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Annual Reporting and Impact Statements:

Police Equipment and Community ACTION CALENDAR
Safety Ordinance June 14, 2022

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

ANNUAL REPORTING AND IMPACT STATEMENTS: POLICE EQUIPMENT AND

COMMUNITY SAFETY ORDINANCE
WHEREAS, the Berkeley City Council adopted Ordinance NO. 7,760-N.S., the Police Equipment and Community Safety Ordinance on May 11, 2021; and WHEREAS, Section 2.100.020 of the city ordinance mandates Impact Statements and their associated equipment policies for certain equipment that the Berkeley Police Department possesses; and
WHEREAS, Section 2.100.050 of the ordinance mandates an annual report for the deployment of certain equipment that the Berkeley Police Department possesses; and WHEREAS, per city ordinance, the Impact Statements, associated equipment policies, and the first annual report shall be submitted within one year of approval; and WHEREAS, Assembly Bill No.481 was passed September 30, 2021; and mandates similar requirements to the city ordinance including “use policies” and “annual use report;” and
WHEREAS, the equipment outlined between Assembly Bill No.481 and the Police Equipment and Community Safety Ordinance are similar.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it accepts the Berkeley Police Department Impact Statements, associated equipment policies, and Annual Report, and approve the equipment outlined in the Impact Statements.

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Police Equipment and
Community Safety Ordinance
Impact Statements

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ACKNOWLEDGEMENTS
Thank you to the subject matter experts for helping author this report.

Officer Corey Bold –
Patrol Officer and chemical agent instructor
Officer Semir Muratovic –
Patrol Officer and Bomb Squad Technician
Officer Derek Radey –
Patrol Officer and less lethal coordinator/instructor
Lieutenant Kevin Reece –
Special Response Team Commander
Officer Scott Salas –
Patrol officer and Special Response Team high ground team leader Lieutenant Jennifer Tate –
Traffic Lieutenant and defensive tactics instructor
Officer Jason Tillberg –
Department trainer and Department Armorer
Officer Sean Tinney –
Department trainer and Special Response Team member

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TABLE OF CONTENTS
Introduction ………………………………………………………………………………………. 2
M4 rifle/Patrol Rifle …………………………………………………………………………… 3
Penn Arms 40MM Single Launcher ………………………………………………….. 8
Milkor LTL Multi-Launcher ……..………………………………………………………… 13 FN 303 Launcher & FN Pava Impact Projectile …………………………………. 19 Oleoresin Capsicum Spray………………………………………………………………… 24
Chlorobenzylidene Malononitrile and Oleoresin capsicum .……………… 27 Remington 700 Rifle ………………………………………………………………………… 32
ReconRobotics Recon Scout XT Robots…………….………………………………. 35 Andros Remotec HD-1 Hazardous Duty Robot …………………………………. 38 Light/Sound Diversionary Device ……………………………………………………... 41 Long Range Acoustic Device .……………………………………………………………. 45 36” Batons ……………………….……….…………………………………………………..… 48
Mobile Command Vehicle…………………………………………………………………. 52
Barret Model 99 …………………………………………………………………………….... 54
Appendix …………………………………………………………………………………………. 58

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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 2.100.020 of the ordinance mandates an impact statement for certain equipment that the Berkeley Police Department possesses. An impact statement is defined in section

2.100.020 (C) and is a publicly released written document that includes the following details for each equipment:
1) Description
2) Purpose
3) Fiscal cost
4) Impact
5) Mitigation
6) Alternatives
7) Third Party Dependence
An impact statement for each of the following equipment has been authored by subject matter experts in their respective fields:
• M4 rifle/Patrol Rifle
• Penn Arms 40MM launcher
• Milkor LTL multi-launcher
• FN 303 Launcher & FN Pava rounds
• Oleoresin capsicum (OC spray)
• Chlorobenzylidene Malononitrile and Oleoresin capsicum (tear gas) • Remington 700 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
The impact statements required by the City ordinance also fulfill the obligations set forth in Assembly Bill 481. Impact statements were compiled in this report in a

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prioritized ranking for the Police Accountability Board to consider in determining the order in which to perform its review per the Police Equipment and Community Safety Ordinance.

M4 Rifle and Associated Ammunition
(1) Description:

A. Background:

The “M4” was developed and produced for the United States government by Colt Firearms and was based off of the original Armalite Rifle (AR) patent purchased by Colt in 1959. Although Colt owned the trademarked name of “M4”, a number of other manufacturers offer M4-like firearms under various model names. The M4 and its variants fire 5.56×45mm NATO (and .223 Remington) ammunition, and are a gas-operated, magazine-fed firearm with a barrel length ranging from

11.5” to 16”.

The current Berkeley Police Department (BPD) rifle ammunition used is the .223 Remington, a rimless, bottlenecked rifle cartridge. The round was developed in 1957 by Remington Arms and Fairchild Industries. The .223 Remington is considered one of the most popular cartridges and is currently used by a wide range of semi-automatic and manual-action rifles as well as handguns. While the military uses the similar 5.56x45 NATO cartridge, BPD uses the more common and often regarded civilian cartridge of .223 Remington for all training and duty uses.

Currently, BPD uses two different kinds of .223 Remington ammunition: 55 grain FMJ (full metal jacket) for training purposes and 62 grain soft point for duty purposes. This is done for several reasons.

1. FMJ ammunition is cheaper to purchase. While many agencies use the same ammunition for training and duty use, the department saves a significant amount of money by using FMJ ammunition for training.

2. The observed performance between the two rounds is negligible for training purposes. Officers can use the FMJ ammunition in a training course and see no difference in operation and performance versus using 62 grain soft point duty ammunition.

3. The 62-grain soft point ammunition has been shown to have less over penetration and over travel compared to FMJ ammunition.

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This means that rounds fired are less likely to hit unintended targets.

B. Quantity:

The Berkeley Department currently owns and maintains 96 rifles.

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 round (our current inventory) to less than 1,000 rounds (our anticipated inventory at the end of December after scheduled department training in November.)
C. Capability:

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.).

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.

D. 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

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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.

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.

E. Use:

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

F. How it Works:

The M4 patterned rifle works the same as a majority of all modern firearms.

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. As the bullet travels down the barrel, gas from the ignited powder also escapes from the muzzle. Some of that gas is recycled back into the chamber of the firearm which causes the firearm to cycle its action and load another bullet. From there the process repeats with each pull of the trigger.

The .223 Remington cartridge is made up of several parts, primarily the primer, casing, gunpowder, and bullet. The bullet is seated into the front or opening of the casing. Gunpowder is placed between the bullet and the interior of the casing and a primer is seated in the rear part of the casing. When the trigger of a firearm is pulled, it releases the hammer, which strikes the firing pin, driving it forward. The firing pin collides with the rear of the cartridge, where the primer is seated, which ignites the primer. The spark from the primer ignites the gunpowder. Gas converted from the burning powder rapidly expands in the cartridge. The expanding gas forces the bullet out of the cartridge and down the barrel with great speed. The rifling in the barrel causes the bullet to spin as it travels out of the barrel. The bullet's speed and escaping gases produce a "bang." After the bullet exits the barrel, the spent casing which housed the bullet, gunpowder, and primer are ejected from the firearm.
(2) 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

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equipped with, the rifle is an ancillary firearm for situations where increased distance and accuracy are needed to safely resolve the situation. (3) Fiscal Cost:

A. Initial Cost:

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 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.

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).

B. Cost of Use:

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.

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:

See section B. above, these costs are determined based on the rifle’s assignment.

E. 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.

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Typical round count for such classes range between 800 rounds and 1200 rounds per student. Additionally, all officers issued a rifle receive specific 8-hour rifle training every two years by a BPD firearm instructor which constitutes an additional 500 or so rounds per officer.

F. Maintenance and Storage Costs:

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.

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:

Upgrade costs and Maintenance cost are synonymous due to the consistent design and lack of changes of the rifle over the last 60 years. Improvements in technology and new designs may be an additional cost but we can’t predict what those will be at this time.

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 M4 patterned rifle, which fires the .223 Remington cartridge, is a superior firearm to stop a lethal threat compared to the issued pistols to police officers, in that officers equipped with this firearm shoot less rounds, fire more accurately, and are less likely to fire errant rounds. Highly volatile and violent incidents, such as a hostage situation, can be more safely and efficiently resolved with a rifle.

The M4 patterned rifle, and the accompanying .223 Remington cartridge it fires, is intended as a tool to increase the safety and welfare of citizens and officers alike.

The M4 patterned rifle and .223 Remington cartridge, both inanimate objects, have zero impact on things such as civil rights or civil liberties of the public. Any abuses of authority or power would be the result of an individual who violates the Berkeley Police Department’s policies, including state and federal laws.

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(5) Mitigations:

Per Policy 300, “Deadly force may only be used when it is objectively reasonable that such action is immediately necessary to protect the officer or another person from imminent danger of death or serious bodily harm.

Officers shall not use deadly force if it is objectively reasonable that alternative techniques will eliminate the imminent danger and ultimately achieve the law enforcement purpose with less risk of harm to the officer or to other persons.” (6) Alternatives:

There are no suitable alternatives to the M4 rifle for the intended purpose. The M4 rifle is a law enforcement standard across the US and other countries due to its reliability, ease of use, ease of maintenance, and increased accuracy over other options.

There are no suitable alternatives to the .223 Remington cartridge, as the current BPD M4 rifle is designed for that particular cartridge. The .223 Remington cartridge is a law enforcement standard across the US and other countries due to its reliability, availability, and increased accuracy over other options. (7) Third Party Dependence:

Berkeley Police Department armorers are trained and capable to handle any and all issues related to the maintenance or repair of the M4 rifles. Additionally, BPD firearm instructors are fully certified by state and private training institutes to fully educate and train BPD officers. No third party is required for maintenance, repair, or instruction.

All ammunition purchased by BPD, like all equipment, is dependent on Third Party vendors. Vendor stock and availability is outside BPD control or management. Once ammunition is purchased and in BPD custody there is no additional need for Third Party assistance.

Penn Arms 40mm Single Launcher
(1) Description:

A. Background:

The 40mm impact projectile was developed as an alternative to the 12-gauge bean bag round and other more indiscriminate less lethal options. Early 12-gauge

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bean bag round designs had somewhat unpredictable flight patterns and could cause significant unwanted injury. The 40mm foam baton round was developed as a direct fire projectile designed to minimize the risk of unintended injuries.

Currently, the Berkeley Police Department utilizes the CTS 4557 foam baton projectile and the Penn Arms L-140 single shot launcher.

B. Quantity:

The Berkeley Police Department currently owns and maintains 20 Penn Arms less lethal launchers.

C. Capability:

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.

D. Lifespan:

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

E. Use:

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.

F. How it works:

The Penn Arms 40mm single launcher is a double action, break open less lethal launcher. The launcher is capable of firing a single 40mm projectile. When fired, the hammer strikes the munition primer which ignites gun powder in the primer insert. Expelled gases propel the projectile through the rifled barrel. The projectile has a rear plastic portion called the ogive which catches the barrel rifling and provides spin. The spin provides a greater degree of accuracy and eliminates any potential the projectile will tumble when exiting the barrel.

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The projectiles utilized by the Berkeley Police Department are the CTS 4557 40mm sponge baton round. The CTS 4557 has a maximum effective range of 45 meters. The tip of the projectile is a pliable rubber material which molds to the body upon impact. The projectile travels at an estimated 240 feet per second which is slower than the FN 303 projectile. However, the larger mass, about 60 grams, creates more kinetic energy upon impact which is similar to that of a baseball thrown by a pitcher. The additional kinetic energy becomes important when the suspect has on thick or layered clothing or demonstrates a high pain tolerance.

The Penn Arms single launcher is a basic design making it easy to operate and maintain.
(2) 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 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

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potential for violent confrontation and aides in reducing the level of force needed to safely resolve a conflict.

Additionally, it has been our experience that a 40mm projectile impact will almost always resolve a violent confrontation with 1 or 2 applications. The larger projectile produces more kinetic energy than the FN 303, which may require several applications to gain compliance.

Since 2015, there have been 31 incidents where Officers utilized less lethal applications. These applications have potentially prevented higher-level uses of force.
(3) Fiscal Cost:

A. 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.

B. Cost of Use:

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.

C. Cost of Potential Adverse Effects:

Adverse effects from improper use of less lethal are not calculable. Improper use could lead to serious bodily injury or death.

D. Annual and Ongoing Costs:

See section B above
E. 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.

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F. Maintenance and Storage 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.

G. Upgrade Costs:

There are no foreseeable upgrade costs. The Penn Arms single launcher has few working parts and is of a simple design.
(4) Impact:

The main function of a less lethal device is to preserve the sanctity of human life. The Berkeley Police Department is committed to reducing the potential for violent confrontations. Less lethal projectiles, when used properly, are less likely to result in serious bodily injury or death and can be used to de-escalate a potentially deadly situation. A less lethal application is an acknowledgment a given situation has the potential to elevate to lethal force and the Officers determined a less lethal application is not only objectively reasonable and objectively necessary, but hopefully the minimal amount of force needed to safely resolve the incident.

The Penn Arms single launcher, with its high level of accuracy can be utilized in a large violent group confrontation to specifically target those who are committing acts of violence on other members of the group, involved persons, or law enforcement personnel. It allows a more immediate action to stop a violent assault, overcome their resistance, and aid in the attempt to safely take them into custody.

This tool does not require officers to overcome a hostile crowd to stop a violent assault.
(5) Mitigation:

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.” 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.

Per Policy 303, “Officers are not required or compelled to use approved projectiles in lieu of other reasonable tactics if the involved officer determines that deployment of these projectiles cannot be done safely. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved

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projectiles. (b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.”
The Berkeley Police Department also trains a recommended range of 3 to 30 meters.

Berkeley Police Firearm Instructors recommend a minimum standoff of 3 meters to reduce the potential for unintended injury at a closer distance. The 30-meter maximum recommended range is intended to reduce the possibility of an unintended impact area if the suspect moves or the projectile trajectory begins to deteriorate.

Each officer is trained to aim for large muscle groups, such as the thigh or buttocks area, and avoid areas that may cause serious injury. The department also equips each launcher with a red dot optic. The optic greatly increases an officer’s ability to target approved impact areas.
(6) Alternative:

This is the only piece of less lethal equipment (other than the FN 303) that allows officers to address a potentially deadly threat from a distance. The TASER allows an officer to maintain distance but limits the range to about 15 to 25 feet. Furthermore, the TASER requires two prongs (barbs) to penetrate the subject’s clothing to be effective and if that is not accomplished the TASER will have no effect. Additionally, the TASER is not an approved less lethal device for the department. (7) Third Party Dependence:

The Berkeley Police Department armorers are trained and capable of handling all issues related to the repair or maintenance of the Penn Arms single launcher.

Additionally, Berkeley Police Department Less Lethal Instructors are fully certified by state and private training institutes to educate and train BPD officers. No third party is required for maintenance, repair, or instruction.

Milkor LTL Multi-launcher
(1) Description:

A. Background:

The 40mm impact projectile was developed as an alternative to the 12-gauge bean bag round and other more indiscriminate less lethal options. Early 12-gauge

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bean bag round designs had somewhat unpredictable flight patterns and could cause significant unwanted injury. The 40mm foam baton round was developed as a direct fire projectile designed to minimize the risk of unintended injuries.

Currently, the Berkeley Police Department utilizes the CTS 4557 foam baton projectile and the Milkor LTL multi-shot launcher.

B. Quantity:

The Berkeley Police Department currently owns and maintains 2 Milkor LTL less lethal launchers. One Milkor launcher is assigned to the Berkeley Special Response Team.

C. Capability:

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.

D. Lifespan:

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

E. Use:

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.

F. How it works:

The Milkor LTL multi-shot launcher utilizes a spring actuated cylinder allowing it to fire 6 individual 40mm projectiles. When fired, the hammer strikes the munition primer which ignites gun powder in the primer insert. Expelled gases propel the projectile through the rifled barrel. The projectile has a rear plastic portion called the ogive which catches the barrel rifling and provides spin. The spin provides a greater degree of accuracy and eliminates any potential the projectile will tumble when exiting the barrel. The spring assisted cylinder automatically turns and loads the next projectile.

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The projectiles utilized by the Berkeley Police Department are the CTS 4557 40mm sponge baton round. The CTS 4557 has a maximum effective range of 45 meters. The tip of the projectile is a pliable rubber material which molds to the body upon impact. The projectile travels at an estimated 240 feet per second which is slower than FN 303 projectile. However, the larger mass, about 60 grams, creates more kinetic energy upon impact which is similar to that of a baseball thrown by a pitcher. The additional kinetic energy becomes important when the suspect has on thick or layered clothing or demonstrates a high pain tolerance.

The benefit to the Milkor LTL is its ability to provide a quick follow up less lethal application, if necessary. The Milkor holds 6 projectiles while the Penn Arms launcher only holds one. Reloading the Penn Arms single launcher can be time consuming and requires the officer to briefly change focus from the suspect to the reload procedure. The Milkor LTL on the other hand, allows the officer to maintain focus on the suspect and assess whether a follow up application is necessary. This ability is significant when the suspect is advancing, attempting to flee, or demonstrates a high pain compliance threshold. (2) 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.

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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.

Additionally, it has been our experience that a 40mm projectile impact will generally resolve the violent confrontation with 1 or 2 applications. The larger projectile produces more kinetic energy than the FN 303, which may require several applications to gain compliance.

Since 2015, there have been 31 incidents where Officers utilized less lethal applications. These applications have potentially prevented higher-level uses of force.
(3) Fiscal Cost:

A. 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.

B. Cost of Use:

Cost for the Milkor LTL 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.

C. Cost of Potential Adverse Effects:

Adverse effects from improper use of less lethal are not calculable. Improper use could lead to serious bodily injury or death.

D. Annual and Ongoing Costs:

See section B above
E. 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

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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 the officer’s hourly wage, range fees, and projectile costs which all vary.

F. Maintenance and Storage Costs:

Maintenance costs vary depending on use.

G. Upgrade Costs:

There are no foreseeable upgrade costs.
(4) Impact:

The main function of a less lethal device is to preserve the sanctity of human life. The Berkeley Police Department is committed to reducing the potential for violent confrontations. Less lethal projectiles, when used properly, are less likely to result in serious bodily injury or death and can be used to de-escalate a potentially deadly situation. A less lethal application is an acknowledgment a given situation has the potential to elevate to lethal force and the Officers determined a less lethal application is not only objectively reasonable and objectively necessary, but also the minimal amount of force needed to safely resolve the incident.

The Milkor LTL launcher, with its high level of accuracy and 6 projectile capacity, can be utilized in a large violent group confrontation to specifically target those who are committing acts of violence on other members of the group, involved persons, or law enforcement personnel. It allows a more immediate action to stop a violent assault, overcome their resistance, and aid in the attempt to safely take them into custody. It also allows officers to prevent a more indiscriminate use of force, such as entering the group or crowd, to take a subject into custody. (5) Mitigation:

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and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved projectiles. (b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.” The Berkeley Police Department also trains a recommended range of 3 to 30 meters.

The Berkeley Police Department armorers are trained and capable of handling most issues related to the repair or maintenance of the Milkor LTL launcher. In the event of a catastrophic malfunction, the Milkor LTL will need to be sent to the manufacturer for repair. To date, there have been no significant repairs needed to the Milkor LTL. Additionally, Berkeley Police Department Less Lethal Instructors are fully certified by state and private training institutes to educate and train BPD officers. No third party is required for regular maintenance, repair, or instruction.

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FN 303 and FN Pava Impact Projectile
(1) Description:

A. Background:

The FN 303 was developed in 2003 by Fabrique Nationale de Herstal as a less lethal option. The FN 303 is based on a concept developed by Monterey Bay Corporation. The development team consisted of designers and researchers from two paintball related companies. The FN 303 uses compressed air to propel a .68 caliber projectile similar to that of most manufactured paintball guns.

B. Quantity:

The Berkeley Police Department currently owns and maintains 8 FN 303 less lethal launchers.

C. Capability:

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.

D. Lifespan:

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

E. Use:

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.

F. How it works:

An air reservoir attaches to the FN 303 through an air hose coupler and provides pressure through compressed air. When fired, the compressed air drives a piston that pushes the .68 caliber projectile through the barrel at approximately 280 feet per second. For comparison, the FN projectile is the size of a paintball and the velocity is the same as a commercially manufactured paintball gun.

The projectiles are 8.5 grams in weight and utilize a polystyrene fin stabilized body with a non-toxic forward payload to aid in stability and accuracy. The

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projectile will deliver approximately 24-foot pounds of kinetic energy at the muzzle which is about double the kinetic energy of most paintball guns. Most paintballs have a mass of 3 grams while the FN 303 projectile has a mass of 8.5 grams which increases the kinetic energy produced.

Available projectiles are impact, impact + non-permanent marking, impact + permanent marking, and impact + PAVA (0.5% PAVA/Oleoresin Capsicum).

The impact + PAVA projectile is intended to be direct fired at an individual. In addition to delivering pain through kinetic energy upon impact, the PAVA projectile will deliver a secondary chemical irritant, which is the Oleoresin Capsicum (O.C.) payload. Oleoresin Capsicum generally causes irritation/burning at the application site, irritation to the eyes, and coughing. According to the National Institute of Health, the effects of O.C. power exposure tend to resolve on their own within 30 minutes.

Pain is highly subjective and other circumstances, such as heavy clothing, may render the impact ineffective. The application of a secondary chemical irritant may assist in gaining compliance and successfully resolving a potentially violent incident with the minimal amount of force necessary.
(2) Purpose:

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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.

Since 2015, there have been 31 incidents where Officers utilized less lethal applications. These applications have potentially prevented higher-level uses of force.
(3) Fiscal Cost:

A. 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.

B. Cost of Use:

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.

C. Cost of Potential Adverse Effects:

Adverse effects from improper use of less lethal are not calculable. Improper use could lead to serious bodily injury or death. Only trained officers are authorized to use the FN 303.

D. Annual and Ongoing Costs:

See section B above
E. 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

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venue allows. This class is largely handled in house thus the cost only includes the officer’s hourly wage, range fees, and projectile costs which all vary.

F. Maintenance and Storage Costs:

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

G. Upgrade Costs:

The overall design of the FN 303 has changed little since its initial release in the early 2000s thus anticipated upgrade costs will be minimal. (4) Impact:

The main function of a less lethal device is to preserve the sanctity of human life. The Berkeley Police Department is committed to reducing the potential for violent confrontations. Less lethal projectiles, when used properly, are less likely to result in serious bodily injury or death and can be used to de-escalate a potentially deadly situation. A less lethal application is an acknowledgment a given situation has the potential to elevate to lethal force and the Officers determined a less lethal application is not only objectively reasonable and objectively necessary, but also the minimal amount of force needed to safely resolve the incident.

The FN 303, with its high level of accuracy can be utilized in a large violent group confrontation to specifically target those who are committing acts of violence on other members of the group, involved persons, or law enforcement personnel. It allows a more immediate action to stop a violent assault, overcome their resistance, and aid in the attempt to safely take them into custody. It also allows officers to prevent a more indiscriminate use of force, such as entering the group or crowd, to take a subject into custody.
(5) Mitigation:

Per Policy 303, “Officers are not required or compelled to use approved projectiles in lieu of other reasonable tactics if the involved officer determines that deployment of

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these projectiles cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved projectiles. (b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.” The Berkeley Police Department also trains a recommended range of 3 to 30 meters.

This is the only piece of equipment that allows officers to address a potentially deadly threat from a distance. The TASER allows an officer to maintain distance but limits the range to about 15 to 25 feet. Furthermore, the TASER requires two prongs (barbs) to penetrate the subject’s clothing to be effective and if that is not accomplished the TASER will have no effect. Additionally, the TASER is not an approved less lethal device for the Berkeley Police Department.

Unlike the Penn Arms 40mm single shot and the Milkor LTL multi-shot launcher, the FN 303 is capable of propelling 15 projectiles before a reload is required. The 15 round magazine allows for a quick follow-up application should the situation warrant with an effective range of over 160 feet; compared to the Penn Arms 40mm single shot and the Milkor LTL multi-shot launcher’s 100 feet. The FN303’s smaller and faster projectiles also generally allow for a higher level of accuracy compared to the 40mm foam baton rounds. The FN 303 rounds is also capable of carrying payloads such as paint or PAVA (Oleoresin capsicum).

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(7) Third Party Dependence:

The Berkeley Police Department armorers are trained and capable of handling regular maintenance and most repairs. In the event of a catastrophic failure, the device will be sent to the manufacturer for repair. To date there have been 2 devices that required manufacturer repair, both of which were under warranty.

Additionally, department firearm instructors are fully certified by state and private training institutes to educate and train BPD officers. No third party is required for maintenance, most repairs, or instruction.

OC (oleoresin capsicum) Spray
(1) Description:

A. Background:

For the purposes of this portion of the Impact Statement, OC (Oleoresin capsicum) will be referred to in the spray form as opposed to the aerosol canister form. First Defense manufactures different sizes of OC sprays. 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. Besides being effective on humans, OC based chemical agents usually work on animals as well. In a liquid form, OC can appear as a clear, amber, or heavy dark red solution depending on the manufacturer. It is mixed with several types of solutions which act as carriers.

B. Quantity:

Qty 23 – First Defense MK-9 OC spray (13- ounces)
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.

C. Capability:

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.

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

D. 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.

E. Use:

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.

F. How it Works:

A person subjected to OC can expect heavy tearing due to a burning sensation, involuntary closing or blinking of the eyes, burning/stinging skin sensation, redness of the skin, irritation and burning of the nose, runny nose, salivation and burning sensation of the mouth, cough, gagging sensation, shortness of breath, temporary paralysis of the larynx (person unable to speak) and nausea (caused by shock, not the OC itself). A person may also feel disorientated, anxiety, and/or panic. A complete recovery usually takes place within 45-60 minutes depending on the level of exposure.
(2) 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.
(3) Fiscal Cost:

A. 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.

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B. Cost of Use:

The cost of each usage is unpredictable due to the unknown nature of crime, timelines of dangerous situations, and number of applications.

C. Cost of Potential Adverse Effects:

Adverse effects of improper use of OC spray are not calculable. It could lead to serious injury. Additionally, the improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

See below cost of training.

E. Training Cost:

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.

F. Maintenance and Storage 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.

G. Upgrade Costs:

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

The physical effects of being subjected to OC may significantly reduce an individual’s aggressive behavior. Reports have shown that the use of OC can reduce the amount of officer and arrestee injuries due to its effectiveness. Chemists assigned to the FBI Forensic Science Research and Training Center report no long-term health risks associated with the use of OC. The use of the MK-3 or MK-9 OC spray can render a dangerous and violent situation safe without using a higher level of force. (5) Mitigations:

Law Enforcement Officers attend a Police Officer Standard Training (POST) approved academy before they enter into a Field Training Program and continue their training.

During this academy they are taught about OC, how to deploy it, its effects, and the decontamination process. They are also subjected to OC to physically feel the effects themselves. After the academy, each officer is issued a MK-3 OC spray which they

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are to keep on their person while on duty. If deployed and when practical, medical personnel should be summoned for the affected person(s) per policy 303.

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:

Alternatives to utilizing OC sprays are tools such as expandable batons, less lethal launchers, and/or physical body weapons. The rationale to use OC spray depends on the circumstances of each individual incident and the individual officer involved in the incident. As mentioned above, reports have shown that OC spray may significantly reduce an individual’s aggressive behavior which can minimize the amount of force necessary to apprehend that subject. Per our Use of Force policy (Lexipol 300), we shall use the minimal amount of force possible during each incident, thus making OC spray a valuable option.
(7) Third Party Dependence:

There is no third-party dependence for the First Defense OC spray. Once they are purchased, they are secured in their designated locations within the Police Department or with sworn police officers while they conduct official duties.

Chlorobenzylidene Malononitrile and Oleoresin Capsicum
(1) Description:

A. Background:

Chlorobenzylidene malononitrile (CS):

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

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temperatures and pressures, CS forms a white crystal with a low vapor pressure and poor solubility in water.

Oleoresin capsicum (OC):

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.

B. Quantity:

Inventory for CS canisters:

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)
Inventory for OC canisters:

Qty 54 - 9440 OC Tear Ball
Qty 19 - 5440 OC Flameless
Qty 20 - 6340 OC Vaper
C. Capability:

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.

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.

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Both CS and OC canisters can render a dangerous and violent situation safe without using a higher level of force.

D. Lifespan:

CS and OC canisters expire in approximately 5 years.

E. Use:

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. (2) 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.
(3) Fiscal Cost:

A. Initial Cost:

The cost for CS canisters ranges from $20.00 to $39.00 per unit. The cost for OC canisters ranges from $36.00 to $44.00 per unit. The Berkeley Police Department prefers the use of the Combined Tactical Systems (CTS) chemical agents and we purchase them from LC Action Police Supply.

B. Cost of Use:

The cost of each proposed use is unpredictable due to the demand, unknown nature and timelines of dangerous crowd/riots situations, dangerous barricade situations, and hostage situations.

C. Cost of Potential Adverse Effects:

Adverse effects of improper use of OC and CS are not calculable. It could lead to serious injury. Additionally, the improper use could result in civil liabilities.

D. Annual and Ongoing Costs:

See below cost of training.

E. Training Cost:

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

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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.

F. Maintenance and Storage 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.

G. Upgrade Costs:

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

BPD is committed to preserving and protecting human life and welfare. These tools allow us to fulfill our commitment to our community.

Law Enforcement, under Penal Code 12403.1, is able to lawfully purchase, possess, or use chemical agents in the discharge of their duties. CS and/or OC canisters have been prominently used to resolve dangerous barricaded suspect situations and violent crowd control/riot situations.

Berkeley Police officers are trained to utilize time and distance to de-escalate dangerous barricaded situations in order to resolve each incident with minimal the use of force (per Use of Force Policy 300). In some circumstances when all other options are exhausted, CS and/or OC can be inserted into the structure in which the barricaded suspect is, denying access to certain areas inside. Unless exigent circumstances arise, all attempts to evacuate the structure are made prior to any deployment. When CS and/or OC are deployed into a structure the suspect may be forced outside allowing the situation to resolve safely with no use further use of force.

CS and/or OC chemical agents can be utilized to create order in dangerous crowd control/riot situations that have demonstrated violence or destruction. During these incidents, typically a clear and direct warning has been given to the crowd to disperse before the chemical agents are deployed. The ability to disperse crowds from a distance limits injury to Police Officers as well as damage to critical structures.

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(5) Mitigations:

Regarding the already mentioned impacts, the decision to utilize chemical agents (unless there are exigent circumstances) flows through the chain of command and ultimately makes its way to the Chief of Police and the City Manager. If there are exigent circumstances, the Field Commander makes the decision and then advises the Chief of Police as soon as practical. 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.

With these procedures incorporated in BPD’s policies, this mitigates many potential negative impacts. Per Policy 428 – First Amendment Assemblies - The Field Commander shall determine the type and quantity of chemical agents to be used. After use of chemical agents, the Field Commander shall re-evaluate the scene to determine if additional chemical agents are needed. Less-than-lethal munitions (40 mm CS impact rounds), chemical agents (including OC spray), and/or smoke shall only be deployed in crowd control situations as outlined in the Use of Force Policy. For planned events, inventories shall be conducted before and at the conclusion of the incident. Outside agency inventories shall also be tracked.

In addition to the mitigations in place, the Berkeley Police Special Response Team also receives annual training on the use of chemical agents, the effects, and the decontamination process. Per policy 303, when practical, medical personnel should be summoned for the affected person(s).
(6) Alternatives:

There are no direct alternatives for CS and OC. They are the industry’s leading way to resolve barricaded suspects while reducing the likelihood of injury to the subject, community, and officers. Additionally, it is one of the only tools that allows officers to stop acts of violence or regain order during crowd control/riot situations. They are very distinct in nature and have direct purposes. The rationale to use CS or OC depends on the circumstances of each incident. The Berkeley Police Department shall use the minimal amount of force per our Use of Force Policy 300. The use of CS or OC allows the police personnel to maintain distance, giving officers more time to react and avoid a potential need for a higher level of force to safely resolve the situation.

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(7) Third Party Dependence:

There is no third-party dependence for CS and OC chemical agents. Once they are purchased, they are secured in their designated areas and stay there until they are either used during incidents or training.

Remington 700 Rifle
(1) Description:

A. Background:

The Remington 700 is a series of bolt-action rifles designed in 1962 by the Remington Arms Company. The “700” designator is the generic name for multiple models of rifles with various parts, barrel lengths, stocks, etc. The Remington 700 rifle has long been used by law enforcement agencies and continues to be an industry standard for issued equipment. The Berkeley Police Department utilizes a custom Remington 700 action, chambered in the common .308-caliber round, with a 20” barrel and an Accuracy International chassis/stock. The rifle also includes a Nightforce 3-15x magnified optic and bipod.

BPD utilizes Hornady .308-caliber ammunition. This particular ammunition is specially designed for law enforcement applications due to its increased and consistent accuracy and performance.

B. Quantity:

The Berkeley Police Department Special Response Team (SRT) currently possesses six Remington 700 rifles, all configured in the same manner.

Currently, BPD has approximately 1,800 Hornady .308-caliber rounds. That quantity of ammunition fluctuates depending on supply from distributors and training schedules of those trained officers.

C. Capability:

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.

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.

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D. Lifespan:

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

E. Use:

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

F. How it Works:

The Remington 700 is a manually operated rifle. It requires the officer to physically maneuver a handle to expel a spent cartridge and to load another unspent round of ammunition in order to fire a second round. 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 officer must then pull a handle attached to the bolt to the rear, ejecting the spent cartridge. The officer then pushes the bolt forward, which picks up another bullet from the magazine, and closes the chamber, making the rifle ready to fire again. (2) 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. (3) Fiscal Cost:

A. 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.

B. Cost of Use:

Cost of use for all firearms should be based on the ammunition used in training and on duty. This will fluctuate based on training.

C. Cost of Adverse Effects:

Adverse effects and improper usage 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.

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D. Annual and Ongoing Costs:

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.

E. 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.

F. Maintenance and Storage 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.

G. Upgrade Costs:

Upgrade costs and maintenance cost are synonymous due to the consistent design. Improvements in technology and new designs may be an additional cost but we can’t predict what those will be at this time.

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

The primary purpose of this rifle is to further SRT’s goal of adding time and distance when dealing with a violent and dangerous individual(s). The rifle may allow SRT additional time by increasing the distance between law enforcement and the specific individual, thereby increasing the likelihood of a more peaceful resolution. Like all tools, it has a time and place for its intended operational efficacy.

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(5) Mitigations:

Mitigating impacts from this tool’s primary purpose is done through regular training.

The training includes accuracy, decision making, scenarios, and various other training points. 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 Remington 700 rifle is an industry standard tool used to deliver precision accuracy on an intended target. This tool can deliver accuracy and predictability through intermediate barriers like glass windows. It can be used at distances greater than any other tool currently possessed or authorized. No alternate tool or method would accomplish the same goal.
(7) Third Party Dependence:

These rifles are fairly simple in their design and operation. They do require regular maintenance which is commonly performed by each individual member. BPD Armorers are also capable of performing additional maintenance. If an issue arises which is beyond the scope of our Armorers we would seek professional assistance from the manufacturer. However, the need for this is very rare.

ReconRobotics Recon Scout XT
(1) Description:

A. Background:

The Recon Scout XT is a throwable micro-robot manufactured by ReconRobotics for use in law enforcement applications. The Recon Scout XT enables officers to obtain instantaneous video footage and audio within indoor or outdoor environments.

Designed to withstand repeated drops onto concrete, the Recon Scout XT robot can be thrown into hazardous situations (hostage rescue, barricaded subjects, natural disasters, etc.) in order to allow officers to quickly and safely make informed decisions when seconds count.

B. Quantity:

The Berkeley Police Department has two Recon Scout XT throwable robots, both purchased in 2010.

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C. Capability:

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.

D. 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.

E. Use:

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

F. How it Works:

The Recon Scout XT robot has a cylindrical body with a finned-wheel at either end of its body, and is stabilized by a rubber “tail”. It measures approximately 6 ½” wide, and each wheel is about 5” in diameter (fin to fin) and weights just over one pound (1.2 lbs.).

The Recon Scout XT robot sends digital video and audio back to an Operator Control Unit (OCU; controller with a screen and joystick), which allows the officer to control the robot, which provides a live feedback containing audio and visual feeds. The Recon Scout XT robot does not record audio or video footage; there is no data storage capability.
(2) 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. (3) Fiscal Cost:

A. Initial cost:

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

B. Cost of Use:

There is no “per use” cost of this equipment. The Recon Scout XT is powered by a rechargeable battery.

C. Cost of Potential Adverse Impacts:

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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.

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:

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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

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.

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.

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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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I
15 | P a g e

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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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.

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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

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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

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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.

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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 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:

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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:

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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.

Maintenance costs:

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

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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:

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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:

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.

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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.

LEGAL AND PROCEDURAL RULES:

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)

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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.

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.

LEGAL AND PROCEDURAL RULES:

TRAINING:

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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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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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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.

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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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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:

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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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.

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:

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:

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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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:

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:

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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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.

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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

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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:

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 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.

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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.

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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.

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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.

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Disaster and Fire Safety Commission
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: José Luis Bedolla, Chairperson, Disaster and Fire Safety Commission Subject: Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3

RECOMMENDATION
The Disaster and Fire Safety Commission (DFSC) recommends that Council direct the Berkeley Police Department to enforce existing Berkeley Municipal Code in all Fire Zones.

POLICY COMMITTEE RECOMMENDATION
On May 16, 2022, the Public Safety Policy Committee forwarded the item to the City Council (M/S/C Wengraf/Kesarwani) with a qualified positive recommendation amending the item to a budget referral for the FY 23 & FY 24 budget process to hire an additional dedicated parking officer for fire zones 2 & 3. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
Fully enforcing the existing parking code may require increased staff time from the Police Department - Parking Enforcement (or, in the future, the proposed Department of Transportation, “BerkDOT”). Exact costs and staff time are unknown.

CURRENT SITUATION AND ITS EFFECTS
As another fire season rages, we are again seeing record-setting, deadly wildfires in California. The largest current fire is the Caldor Fire, which has burned 219,267 acres1 and even threatened Berkeley Echo Lake. There is a continued concern about the level of preparedness for egress from Berkeley’s Fire Zones 2 and 3.

The Berkeley Fire Department continues to educate the public on the importance of making and practicing an evacuation plan; for many residents of Fire Zones 2 and 3, a safe evacuation will depend on the ability to drive a vehicle away from the threat before being overtaken by a moving fire.

Many streets in these neighborhoods are narrow and winding, which limits both access – the ability for emergency vehicles to go into these areas, and egress – the ability for residents to escape a fire (see, Exhibit 1) These limitations are exacerbated by 1 https://www.fireweatheravalanche.org/fire/state/california

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Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3 ACTION CALENDAR June 14, 2022
constant and flagrant violations of existing parking restrictions by Berkeley residents, visitors, and delivery vehicles, which cause additional pinch points and compress the available space for vehicles to drive on the roads. Additionally, illegally parked vehicles block sidewalks, creating a hazard for pedestrians and persons using wheelchairs.

There seems to be a culture of illegal parking that continues due to a lack of consequence (see, Exhibit 2)
The continual violations of existing parking restrictions create a life-safety hazard in the hills in all emergency situations, and especially in a wildfire scenario, when rapid evacuation of residents will be necessary.

The City is planning to impose further parking restrictions under its “Safe Passages” program as needed to ensure sufficient access and egress during a wildfire on these narrow streets. If existing parking restrictions are not enforced, there is little reason to expect additional restrictions to have any positive impact on the situation.

Exhibit 1: Street widths of >10 and <26 feet
Exhibit 2, (select pictures taken on 7/28/2021 ~12:30 PM)

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Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3 ACTION CALENDAR June 14, 2022

BACKGROUND
The City of Berkeley has been repeatedly notified of access and egress concerns due to a lack of parking restrictions and a lack of parking enforcement in the Hills Fire Zones, including but not limited to two prior recommendations by the Disaster and Fire Safety Commission:

In February 2016, Council approved a January 12, 2016 recommendation from DFSC requesting that it:
“refer to staff the Design of a parking restriction program in the Hills Fire Zone to ensure access for emergency vehicles and to allow for safe evacuations in an emergency and to hold public meetings to get community input in the design of such a program
That recommendation stated:
“Today we are 24 years after the devastating Oakland Hills Fire and 50 years after concern was first expressed for the safety of residents given the conditions that will save lives in the Berkeley Hills” In December 2019, the DFSC submitted a recommendation to Council, “Recommendation to Immediately Fund and Implement the Safe Passages Program and Additional Actions to Ensure Emergency Equipment Access to All Parts of the City” which included a number of recommended actions to prioritize parking restrictions in Berkeley’s Fire Zones as part of a Safe Passages program.

Parking issues have been discussed in other recommendations over many years, including recommendations to implement new parking restrictions in Fire Zones 2 and 3 to ensure safe access and egress for emergency vehicles.

Safe Passages - Project in Progress:

Los Angeles St Quail St Keefer St Thousand Oaks St

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Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3 ACTION CALENDAR June 14, 2022
At this time, the Berkeley Fire Department has allocated staff time and funding towards Safe Passages work in the next few years. In the Safe Passages project, staff will evaluate and document the problem of emergency access and egress in the City’s Fire Zones and lead an interdepartmental program in addressing this problem through parking restrictions, increased enforcement, signage, and public education. The Safe Passages project is likely to result in an expansion of “No Parking” areas on dangerously narrow and/or winding streets in the Hills Fire Zones.

As Safe Passages is a multi-year project that is still just getting off the ground, the DFSC is now providing this urgent recommendation to enforce existing parking restrictions in the meantime.

This recommendation does not preclude or replace the need for new parking restrictions and other improvements that are expected to be an outcome of the Safe Passages project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified environmental effects or opportunities associated with the action requested in this report.

RATIONALE FOR RECOMMENDATION
As seen in the years of background and the multiple times that parking restrictions have been recommended by the DFSC and by Council, we believe there is a consensus that narrow streets that impede emergency vehicle access are a threat to life safety in Berkeley.

A consistent lack of enforcement sends the message that parking restrictions in the Hills are not important, but in truth these restrictions are crucial for life-safety in these neighborhoods. Illegally parked vehicles exacerbate already insufficient space on many narrow streets, potentially limiting access for emergency vehicles as well as hindering a wildfire evacuation.

ALTERNATIVE ACTIONS CONSIDERED
Alternatives could be considered as part of the City’s Safe Passages program and could include changing streets to one way only rather than two way, adding additional red curbing, especially on the smallest width streets in Zones 2 and 3, and adding to the Fire District Parking Restrictions. Each of these has the possibility of cost and additional community involvement and consultation before implementation. We recommend that enforcement of existing laws be increased while simultaneously planning and developing these other improvements.

CITY MANAGER
The City Manager refers this recommendation to the budget process.

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Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3 ACTION CALENDAR June 14, 2022
Staff concurs that the narrow and winding streets in the Berkeley Hills, makes traveling under normal conditions challenging. Illegal parking can exacerbate ingress and egress of vehicles during an emergency event.

Currently, Parking Enforcement Officers (PEOs) are deployed across the City using a “beat” structure with their primary focus being to provide enforcement to metered and residential parking permit (RPP) areas. They respond to other locations within their beat by complaint only. Due to staffing challenges, PEOs are frequently tasked with providing coverage to larger geographical areas. At this time, current resources and staffing models do not allow the robust analysis, project management, and enforcement that is being recommended.

Many of these issues are being discussed within the Fire Department’s Safe Passage Program. The scope of this recommendation will take time, staffing, and the funding of new positions to fully address all aspects of the Safe Passage Program. Until a comprehensive program can be developed, the Police Department will offer voluntary overtime to offer extra patrols to provide enforcement of restricted parking zones throughout the City during Red Flag events.

CONTACT PERSON
Keith May, Secretary, Disaster and Fire Safety Commission, 510-981-5508 Jennifer Tate, Berkeley Police Department Traffic Bureau, 510-981-5983

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Kate Harrison
Vice Mayor, District 4
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Kate Harrison
Subject: Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot

RECOMMENDATION
Refer to the City Attorney and City Manager to prepare and submit a resolution submitting an Ordinance adding Chapter 7.54 to the Berkeley Municipal Code taxing housing units that 1) have remained vacant for more than six months, 2) are not under permitted renovation and 3) are in multi-unit buildings or are single family homes or condominiums whose owners are not natural persons or family trusts to a vote of the electors at the November 8, 2022 General Municipal Election.

CURRENT SITUATION AND RATIONALE FOR RECOMMENDATION
The City of Berkeley is experiencing a historic housing crisis. Between 2005 and 2019 gross median rent increased by over 50%. This has been particularly burdensome in a city where 58% of residents are renters.1 While in recent years Berkeley has met its RHNA goals for those earning above 120% Area Median Income (AMI), it has failed to build sufficient housing for everyone else. Further, housing at the >120% AMI category has not significantly improved affordability for lower income residents and has increased displacement in low-income neighborhoods.2 The extraordinary gap between the housing needs of residents and the availability of housing can only be bridged through the use of numerous policy interventions, including a vacancy tax intended to incentivize owners of housing property to bring units back on the market and discourage speculation.

In a recent poll of top policy priorities among Berkeley voters, increasing affordable housing for low-income and homeless residents received by far the most support, at 58%.3 While Berkeley is actively building new affordable units, siting and constructing 1 Anti-Eviction Mapping Project: Densifying Berkeley: Potential Impacts on Displacement and Equity, 2022, https://www.berkeleyside.org/wp-content/uploads/2022/04/AEMP-UpzoningReport-Draft4-3.pdf 2 Ibid.
3 City of Berkeley Community Survey, Live Phone and Text to Online, April 28-May 3, 2022, https://berkeleyca.gov/sites/default/files/documents/2022-05- 31%20Item%2037%20Discussion%20and%20Direction%20Regarding.pdf.

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Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot

ACTION CALENDAR
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new units is a longer-term process, and it is incumbent on the City to maximize the availability of existing units that are already built and could be available for rent or sale.

Unfortunately, Alameda County’s housing remains unaffordable for many of its residents, and this burden does not fall evenly across income and racial groups. While 47% of renters in Alameda County are rent burdened, the rate is 58% for Black renters and 87% for extremely low-income renters.4 Meanwhile, as this crisis continues to unfold, 9% of Berkeley’s housing sits vacant, according to the 2020 Decennial Census.5 There are 4,725 existing housing units in Berkeley that nobody lives in–a tragic waste of resources and our housing stock. Of the total vacant units, the Berkeley Rent Stabilization Board data indicates that 1,128 fully or partially regulated6 units have been classified by their owners as not available to rent (NAR).7 A few of these are actively being renovated but the majority are not and have not been occupied for some time or actually are rented but not reported as being so to the Rent Board.

Oakland and Vancouver, both experiencing their own challenges with housing unaffordability, use a vacant housing tax to encourage owners of vacant units to find tenants or sell to those who will. In 2016, Vancouver passed a measure that placed a surcharge on the assessed value of vacant units. Within two years of its implementation, 21.2% of vacant units returned to occupancy and the city generated $46 million Canadian dollars. Oakland enacted a vacant property tax of $3,000 to $6,000, varying based on property type. In its first year of implementation, the city collected over $7 million in revenue.8 San Francisco is actively considering placing a vacant housing tax measure on the November ballot.

Addressing vacant units is a critical part of addressing Berkeley’s housing crisis. Every year that a significant percentage of Berkeley’s housing stock remains vacant exacerbates the housing affordability and displacement crises. This item includes a modified version of San Francisco’s proposed tax adapted for Berkeley’s municipal code. It is in the public interest to refer to the City Attorney and City Manager to prepare 4 California Housing Partnership Housing Needs Dashboard, 2019, https://chpc.net/housingneeds/?view=37.405074,-
119.26758,5&county=California,Alameda&group=housingneed&chart=shortfall|current,cost- burden|current,cost-burden-re|current,homelessness,historical-rents,vacancy,asking- rents|2022,budgets|2021,funding|current,state-funding,lihtc|2010:2021:historical,rhna- progress,multifamily-production
5 2020 Decennial Census
6 Partially regulated units are only partially covered by the rent ordinance, while fully regulated are completely covered by the ordinance
7 Berkeley Rent Stabilization Board. There are also units classified as “vacant”, for which property owners are actively seeking tenants.
8 San Francisco Budget and Legislative Analyst’s Office: Residential Vacancies in San Francisco, 2022, https://56a418ca-94d2-476c-9a45-
f491ca4a0387.usrfiles.com/ugd/56a418_74b82803e4fb434bb1b13010828a4c01.pdf

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Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot

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and submit a resolution taxing empty homes that would be submitted to a vote of the electors at the November 8, 2022 General Municipal Election.

BACKGROUND
Berkeley’s housing challenges are significant, requiring numerous policy interventions across many years to remediate. However, of the units that were built as part of the 2023 RHNA goals, the majority have been unaffordable to most residents.9 In 2019 the City’s median rent was $3,165, making it affordable to only individuals earning over $130k annually. Median rents have also increased by greater than 50% between 2005 and 2019. Rising rents in the city are of particular concern given that the City has a high renter population, and the impact of high rents falls disproportionately on BIPOC residents10.

Percent Renter Occupancy vs. Percent Berkeley Population, 201911 9 2020 General Plan APR: City of Berkeley, Table 2
10 Anti-Eviction Mapping Project: Densifying Berkeley: Potential Impacts on Displacement and Equity, 2022, https://www.berkeleyside.org/wp-content/uploads/2022/04/AEMP-UpzoningReport-Draft4-3.pdf 11 Ibid.

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Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot

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Fortunately, the City of Berkeley has taken numerous steps in recent years to tackle its affordable housing crisis, including issuing a $100 million affordable housing bond, permitting Berkeley residents (outside of the fire zones) to receive near-automatic approval to build certain types of ADUs, and extensive plans to rezone BART stations to allow significant affordable housing, and a potential 2022 affordable housing bond.

While these efforts will likely dramatically increase the supply of housing in Berkeley, it will take years for the City to reap the benefits. Developments still need to be proposed, approved, and then constructed. Berkeley’s large supply of vacant homes presents a unique opportunity for the City to immediately provide new units to renters, as there are no approval processes or lengthy construction timelines.

Additionally, hot housing markets often attract real estate speculation. In Berkeley, it is likely that some vacant units are in buildings purchased for the sole purpose of accruing more wealth, with no intention of acquiring tenants. While the extent of this is unknown, applying a tax on vacant homes will discourage this practice that, in aggregate, raises rents and home prices for everyone else. The Measure fulfills one of the key anti- speculation recommendations of the 2022 report by the Anti-Eviction Mapping Project entitled Densifying Berkeley: Potential Impacts on Displacement and Equity, and could be used to fund Berkeley’s prospective Tenant Opportunity to Purchase Act.

Using the assumptions made in the San Francisco Budget Analyst report on a prospective vacancy tax, and Berkeley Rent Board data, it is estimated that Berkeley will generate between $2,740,500 and $5,481,000 in revenue annually and that upwards of 1,000 vacant units could become occupied within two years.12 Berkeley’s proposed vacancy tax is built off of San Francisco’s 2022 proposed Empty Home Tax proposal. The San Francisco vacancy tax applies only to owners of buildings with three or more units when at least one has been unoccupied for more than 182 days in a year. Single family homes and two-unit properties are exempt, and the vacancy tax increases for larger properties and units that have been empty for longer. The proposed vacancy tax for Berkeley is simpler, in that it does not distinguish between the number of units owned (beyond the first two single family homes owned by an individual or family trust) or the length of vacancy beyond the initial 182 days. It will also exempt owners of up to two single family homes (inclusive of an Accessory Dwelling Unit or a junior Accessory Dwelling Unit) so long as they are owned by natural persons or family trusts. Single family homes owned by corporations, real estate trusts, and LLCs would not be exempt. The tax rate would vary between $3,000 and $6,000 depending on the type of unit. Condos, duplexes, townhomes and Single Family Homes not exempt as 12 The low-end estimate is calculated by multiplying a $3,000/unit tax by total NAR (less 10% assumed to be exempt) minus operating expenses. The high-end estimate is calculated using a $6,000/unit tax. Is expected the revenue will be towards the high-end as most rental units are located in multi-family buildings.

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Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot

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described above would pay $3,000 per year. Remaining units would pay $6,000 annually.

The vacancy tax in Berkeley has numerous benefits. It will almost immediately increase the City’s housing stock while complimenting more time-consuming approval and construction processes. Further, the tax has the potential to bring hundreds of units online within a year and generate millions in affordable housing revenue as a byproduct.

A vacancy tax will also disincentivize property owners from engaging in real estate speculation, which will help limit rent and housing price increases across the City.

Finally, units that are actually occupied will be brought in line with the city’s housing regulations.

The draft Measure is currently drafted as a special tax meaning that, if passed, Council and City would be required to spend proceeds as specified. While the primary purpose of the proposed tax is to bring vacant units back into the housing market, the proposed Measure includes a Housing Trust Fund supporting the following activities:
● Construction of new affordable housing, including by providing pre-development to non-profit affordable housing developers, for households with an income of 80% or less of Area Median Income;
● The acquisition and rehabilitation of multi-unit buildings for affordable housing, and the operation of such buildings acquired and/or rehabilitated for households with an income of 80% or less of Area Median Income;
● Rental subsidies for individuals age 60 or older and rental subsidies for households with a household income of not more than 80% of Area Median Income;
● The administration of the Empty Homes Tax and administration of the Housing Trust Fund.

As part of this referral, the Author plans to submit the measure to the City Attorney for legal review.

ENVIRONMENTAL SUSTAINABILITY
Existing buildings embody carbon. Maximizing utilization of existing units is a prudent use of embodied carbon.

FISCAL IMPACTS OF RECOMMENDATION
Staff time will be necessary for a legal review and to prepare a Council item placing the ordinance on the ballot. However, significant savings are anticipated as the ordinance and resolution are already drafted and included as part of this referral.

CONTACT PERSON

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Berkeley City CouncilJune 14, 2022

Berkeley City Council
June 14, 2022