Fremont City Council Meeting: 12/20/22 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4757) DOC ID: 4757
Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 1
MILITARY EQUIPMENT USE POLICY – Approve amendments to the Military Equipment Use Policy for the purchase of additional UAS and PepperBall VKS launchers and amendments clarifying the use of UAS in partnership with the Fire Department; making related findings
Contact Persons:
Name: Sean Washington Matthew Snelson
Title: Police Chief Police Captain
Div/Dept: Police Department Police Department
Phone: 510-790-6969 510-790-6874
E-Mail: [email protected] [email protected]
Executive Summary: The Fremont Municipal Code Chapter 8.80 Military Equipment Use requires the Fremont Police Department (FPD) to seek City Council approval prior to seeking funding, acquiring, or using equipment defined by California law as “military equipment.” This report outlines the request to authorize the seeking of grant funding and purchasing authorization for up to three additional Unmanned Ariel Systems and up to eighteen additional PepperBall VKS launchers. The department also seeks to clarify, through policy updates, that the Fremont Police and Fire Departments have been supporting each other in UAS operations since the development of the public safety UAS program in 2017 and will continue to do so.
BACKGROUND: On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the applicable governing body (City Council) for seeking funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy. On May 3, 2022, the Fremont City Council adopted Ordinance 04- 2022 and established Fremont Municipal Code (FMC) Title 9 Health and Safety, Chapter 8.80 Military Equipment Use. Chapter 8.80 requires the City Council to approve and to make certain findings during a regular meeting held pursuant to open meeting laws for seeking funding, acquisition, or use of military equipment.
FMC Chapter 8.80 and state law authorizes the governing body of a city to approve seeking funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The findings are that (1) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and (3) if purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Council Staff Report (ID # 4757) Meeting of December 20, 2022 Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 2
DISCUSSION/ANALYSIS:
Grant funding and purchasing authorization for the addition of three UAS
Fremont Police Department requests authorization to seek grant funding and to purchase up to three additional Unmanned aerial systems (UAS), bringing the total UAS owned by the Police Department to twenty. UAS are utilized to enhance the Police Department’s mission of protecting lives and property when other means and resources are unavailable or are less effective. UAS are necessary to ensure officer safety and public welfare as they provide visibility to high-risk locations. Without the use of a UAS, police officers would have limited overhead observation of high-risk areas, decreased effectiveness of detecting missing persons, reduced visual assistance during rescue operations, and be unable to assess suspicious/dangerous objects from a safe distance. The UAS system can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas, and other crowded spaces. In addition to crime and rescue operations, UAS equipment is utilized to memorialize and document crime scenes and locations of traffic accidents.
The additional equipment being requested would further these purposes. The Matrice 30T and the Mavic 3 would significantly enhance the Fremont Police Department’s ability to fly missions during inclement and rainy weather with better visual capabilities, which conditions currently limit UAS use. The Mavic Mini 3 pro would enhance the Fremont Police Department’s ability to fly indoors during critical missions. Without this equipment, safety risks to the public and law enforcement personnel would increase in the circumstances described. Therefore, no other reasonable alternatives would allow the police department to achieve public safety objectives.
Seeking grant funding and purchasing authorization for the 18 additional Pepperball VKS Launchers
Fremont Police Department requests authorization to seek grant funding and to purchase an additional eighteen PepperBall VKS launchers increasing the total authorized number to twenty-four PepperBall VKS launchers.
FPD currently possesses six PepperBall VKS launchers. After assessing the limited deployment of the VKS systems, FPD is seeking to deploy the VKS systems depa rtment- wide and replace the Tippman Pepperball systems currently deployed. The VKS system improves accuracy when pepperballs are deployed for direct impact and area saturation.
The VKS system has an accurate, effective distance of up to 150 feet, whereas the current Tippmann systems are half that effective distance. The VKS Pepperball system’s kinetic impact is adjustable where the current Tippmann is not. The VKS system has the same look, feel and fire control system as the AR-15/M4 carbine and Sig Sauer MCX rifle currently deployed by FPD. The VKS system can be magazine-fed or configured with a hopper for additional rounds for crowd dispersal purposes. The VKS system is visibly identified as a less-lethal tool by marking most of the more significant portions of the unit in yellow. The PepperBall systems are a necessary, less lethal option to protect the community and officers in certain situations. The VKS launchers are more accurate and have a further distance than the Police Department’s current PepperBall system. Therefore, the VKS launchers achieve the objective of community and officer safety and safeguard the public’s welfare, safety, civil rights, and civil liberties. There are no other more cost-effective systems Council Staff Report (ID # 4757) Meeting of December 20, 2022 Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 3
available that FPD is aware of that address the civilian and officer safety needs that the VKS system provides.
Approved Use of UAS within the City of Fremont
The Fremont Fire and Police UAS teams have been flying in partnership for public safety needs since 2017. Both programs comply with FAA requirements, including certificates of authorization (COAs) to fly, robust initial and in-service pilot training, and pre-flight/post- flight documentation. The Departments have a proud, established history of safe operations and successful missions. The Department seeks to clarify that since the development of the City of Fremont Public Safety UAS program in 2017, the Fremont Fire Department and the Fremont Police Department have supported each other in UAS operations and will continue to do so. To clarify this approved use, the Department is seeking council approval of descriptive language to Exhibit 1 of the Military Use Policy initially approved by the council on May 3, 2022.
FISCAL IMPACT: The fiscal impact will include the initial purchase of each unit:
Approved Use of UAS within the City of Fremont: There is no anticipated fiscal impact as a direct result of the policy update.
UAS Purchases: Purchase of the requested UAS will be made with 2022/23 COPS grant funds. If sufficient funding is not received through the 2022/23 COPS grant allocation process, the purchase of the requested UAS will be evaluated utilizing funding in the adopted 2022/23 Police Department UAS general fund budget. The total purchase of up to three additional UAS will not exceed $40,000.
- Matrice 30T – $14,700
o Two Batteries – $329 each; a total of $658
o Initial purchase price includes a coverage limit equivalent to the product's value, an unlimited number of free repairs can be offered within one year after the product is activated, and includes one standard maintenance service.
- Mavic 3 – $4,999 (DJI Mavic 3 Cine Premium Combo)
o Three Batteries – $209 each; a total of $627
o One propeller guard – $49
- Mavic Mini 3 pro – $909 each; a total of $1,818
o Four Batteries – $95 each; a total of $380
o One DJI Mini 3 Pro Fly More Kit Plus – $249
The ongoing and recurring cost of the addition of these units will include the warranties:
o Matrice 30T extended yearly warranty – $1050 a year, every year o Mavic 3 extended two-year warrant – $599 every two (2) years o Mavic Mini 3 pro extended two-year warranty – $125 a unit, every two (2) years
PepperBall VKS Launchers: Purchase of the requested PepperBall VKS launchers will be made with the 2022/23 COPS grant fund. If sufficient funding is not received through the Council Staff Report (ID # 4757) Meeting of December 20, 2022 Updated: 12/15/2022 5:27 PM by Susan Gauthier Page 4
2022/23 COPS grant allocation process, the purchase of the requested equipment will be evaluated utilizing authorized funding in the adopted 2022/23 Police Department Range General Fund budget.
- Eighteen PepperBall VKS Launchers - approximately $15,260 o Approximately $769 each plus sales tax
ENVIRONMENTAL REVIEW: Amendments to the Military Equipment Use Policy is an administrative government activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment, the activity is not subject to CEQA. The Military Equipment Use Policy amendments and the purchase of three drones and eighteen pepperball lunchers will clearly not have a significant effect on the environment; thus, CEQA does not apply, and no further environmental review is necessary.
ATTACHMENTS:
• Exhibit 1 for Military Equipment Policy_Updated 11_17_2022
RECOMMENDATIONS:
1. Approve the amendment to Exhibit 1 of the Military Use Policy expressly approving supportive UAS operations between the Fremont Police and Fire Departments, adding three drones, and adding eighteen PepperBall VKS launchers.
2. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested three UAS and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties, and c) the UASs are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
3. Authorize FPD to seek grant funding in the 2022/23 COPS grant fund 151 and to purchase the requested eighteen PepperBall VKS launchers and find that it is necessary because: a) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, b) the attached Military Equipment Use Policy with amendments will safeguard the public's welfare, safety, civil rights, and civil liberties , and c) the PepperBall VKS launchers are reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.