Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4874) DOC ID: 4874
Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 1
MILITARY EQUIPMENT ANNUAL REPORT – Annual Review and approval of military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2022 to March 2023 Contact Persons:
Name: Matthew Snelson Lance Brede
Title: Police Captain Deputy Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6874 (510) 790-6930
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 produce an annual military equipment use report. The Fremont City Council utilizes the annual report as a mechanism to ensure FPD's compliance with the Military Equipment Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Policy for the subsequent year. FPD has submitted the required annual report covering the reporting period of April 2022-March 2023, held a required community engagement event, and now seeks council review and approval for continued use of the approved equipment.
BACKGROUND: Government Code sections 7070 through 7075 require law enforcement agencies to obtain approval of the applicable governing body (City Council) for 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 8 Health and Safety, Chapter 8.80 Military Equipment Use. FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing the following:
• A summary of how the Military Equipment was used and the purpose of its use. • A summary of any complaints or concerns received concerning the Military Equipment.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. • The total annual cost for each type of Military Equipment, including acqui sition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
• The quantity possessed for each type of Military Equipment. • If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
In addition, the Police Department must make the annual Military Equipment Report available on its internet website and hold a community engagement meeting where the Council Staff Report (ID # 4874) Meeting of May 2, 2023 Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 2
public can discuss and ask questions regarding the report and the military equipment used by the Police Department.
Once the report is submitted, the City Council shall determine, based on the annual Military Equipment Report, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in the FMC and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
DISCUSSION/ANALYSIS: With this report, FPD has submitted the required annual report documenting all required information for the reporting period of April 2022 to March 2023.
In compliance with the ordinance, the report was posted publicly on March 28, 2023, on the transparency section of FPD’s website. A well-publicized and conveniently located community engagement event was held on March 29, 2023, where all approved military equipment was available for public viewing and discussion. The public event was held in the front parking lot of FPD and the front lobby of FPD. Two news organizations and more than 40 community members attended the event. No significant community concerns were noted during or after the event regarding any of the equipment on display.
FPD is seeking City Council review and approval for the continued use of all authorized military equipment identified in the annual report as well as the equipment listed in Exhibit 1 of FPD’s Military Use Policy (708), which are included with this report. As shown in the annual report, FPD used some but not all of the listed equipment and received no complaints or concerns associated with the use of the listed military equipment. In addition, FPD had no policy violations associated with deployment or use of the military equipment.
Consequently, the FPD has complied with the requirements of FMC Chapter 8.80 and the Military Use policy for the period covered in the annual report.
In order to approve the continued use of the currently authorized military equipment by Fremont Police Department, the ordinance and AB 481 require the City Council to find that the military equipment listed in the policy is necessary because there is no reasonable alternative that can achieve the same objective of community and officer safety and that the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. All of the equipment listed in the policy was designed to enhance law enforcement’s ability to ensure public safety and welfare and was not obtained from the military. The policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place for the use of the listed equipment. Members of the public are provided direction per the policy on how to register complaints for violations. All items which result in a use of force will be investigated, as is already required by existing FPD policy.
Based on ongoing equipment evaluation and deployment history, Fremont Police Department has not discovered alternative items that can achieve the same objectives of community and officer safety. Below is information pertaining to items Fremont Police has acquired, utilized and assessed as being necessary to achieve and support public safety objectives:
Council Staff Report (ID # 4874) Meeting of May 2, 2023 Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 3
Government Code § 7070(c)(1)- Unmanned remotely piloted powered aerial or ground vehicles:
Unmanned aerial systems (UAS) are necessary 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. In addition to crime and rescue operations, UAS equipment is utilized to memorialize and document crimes scenes and locations of traffic accidents. The UAS system can enter small spaces, such as enclosed structures, as well as provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas and other crowded spaces. Without this equipment safety risks to the public and law enforcement personnel would increase in the circumstances described.
Therefore, we have found no reasonable alternatives which would allow the FPD to achieve public safety objectives.
Unmanned remotely controlled ground vehicle (robots) are used to gather images and/or video during high-risk operations and critical incidents. The equipment provides visibility in areas where it would be unsafe to send a police officer. This system can also be used to observe potentially hazardous items, such as explosive devices or suspicious chemicals. Not having access to this item would require the use of police officers or other emergency responders to engage in high-risk tasks and would potentially lengthen the mitigation process during dangerous operations. There is no known alternative to this system.
Government Code § 7070(c)(2) and (3) – Armored personnel carriers:
The FPD utilizes two armored vehicles. The armored vehicles are built on commercial truck chassis and have an armored body/shell. Our armored vehicles are equipped with an attachment which allows breaching of structures to conduct rescue operations or apprehend persons who are violent and pose a significant risk to the community and officers. Armored vehicles are used to provide ballistic protection to officers and members of our community during rescue operations, critical incidents and other hazardous situations. These vehicles allow officers closer access to high-risk situations (gun violence, dangerous objects, etc.) while substantially reducing the physical risk to community members and officers. As such, there are no reasonable alternatives to providing the same level of ballistic protection to community members or police officers during incidents involving gun violence.
Government Code § 7070(c)(5) – Command and control vehicles:
The Mobile Command Vehicle (MCV) is a vehicle similar to a commercial recreational vehicle (RV). It is equipped with emergency dispatching communication, monitors and command systems to assist in command and control of a critical incident. This vehicle allows for mobile incident command and use of the Incident Command Systems facilitating the best possible on scene decision-making by key leaders. It provides operational, administrative and logistical support as well as restroom facilities and mobile generated power. A critical function of the MCV is to serve as an emergency backup dispatching system in case there is a failure in our main system within the police building. As a result, to the criticality of continuity of emergency calls for service, there is no known alternative for the MCV as this vehicle directly supports public safety efforts during critical incidents.
Council Staff Report (ID # 4874) Meeting of May 2, 2023 Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 4
The Hostage Negotiations Team Van (HNT Van) is a standard Ford Transit (350) van equipped with audio/visual devices intended to communicate with violent and dangerous persons who are not complying with a lawful order to surrender to arrest. The vehicle is utilized to aid the command and control element in facilitating the safe surrender of subjects who refuse to submit to arrest. This vehicle’s link to the MCV makes it necessary for public safety objectives and no known alternative has been identified.
Government Code § 7070(c)(7) - Breaching apparatuses and slugs:
The FPD utilizes breaching shotguns used to defeat locked, barricaded or fortified locations allowing officers to conduct rescue operations or high-risk forceable entries necessary to apprehend a suspect unwilling to submit to a lawful arrest. The equipment is also used during rescue operations to defeat locked doors and swiftly render aid to those in need of immediate medical attention. These items allow police officers rapid entry into a structure when a delay in time could result in severe injury or loss of life to members of our community and/or law enforcement personnel. Examples include active shooter situations, hostage/kidnapping incidents, downed persons inside of the dwelling or high -risk arrest operations. In such situations, time is of the essence and it would not be feasible to wait for alternatives access options to become available. Handheld battering rams and lock picks can be alternatives in non-fortified, lower level, low risk situations. When rapid entry is necessary to save lives or prevent injury, the breaching shotgun is necessary. As such there is no reasonable alternative to these items.
Government Code § 7070(c)(10) – Specialized firearms and ammunition:
When in compliance with FPD’s De-escalation and Use of Force Policy, the currently approved rifles allow officers to address medium to long distance violent and dangerous threats. This may include persons who are heavily armed or are actively harming or killing others. Further, this equipment allows officers precision shot placement, minimizing the risk to members of our community and officers. There are no known alternatives to these types of weapons, which offer a similar level of effectiveness to prevent harm or loss of life.
Government Code § 7070(c)(12) – Flashbangs, tear gas, pepper balls:
Flashbangs are used as a distraction device in order to divert the suspect’s attention away from officers during high-risk arrest or rescue operations. The distraction enables officers to gain safer access and provide extra time to assess and analyze existing threats. The intent of utilizing this device is to prevent injury to community members, officers and suspects.
The intended outcome is to achieve a safe resolution and enable officers to conduct high risk and dangerous arrest operations, utilizing minimal force. The FPD has utilized these devices successfully in the past and are unaware of reasonable alternative that will achieve the same objectives.
Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a violent, dangerous or uncooperative/resisting suspect from a fixed location or safely detain a suspect who poses a risk to our community or police officers. Tear gas allows officers to deploy a chemical agent (irritant) into a structure where the use of other tools may be impractical or inappropriate. These tools afford law enforcement an added option to help avoid officers resorting to using a higher level of force to affect an arrest. Based on ongoing reevaluation of these tools and experience, we have found no reasonable alternative.
Council Staff Report (ID # 4874) Meeting of May 2, 2023 Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 5
Government Code § 7070(c)(14) – 40mm projectile launchers:
The use of 40mm projectile launchers are necessary to offer another alternative to lethal force. The projectile, made from a material similar to foam, is less likely to result in death or serious physical injury when used on a suspect who is violently resisting or refusing to comply with a lawful order to surrender to arrest. The kinetic energy of the device is intended to be utilized in accordance with department policy and only used when no other alternative is appropriate. As another less lethal tool, this equipment is necessary, and no reasonable alternative identified based on ongoing assessment and experience.
For the above listed reasons and based on the annual report, staff recommends that City Council approve the continued use of the currently authorized military equipment.
FISCAL IMPACT: In compliance with Municipal Code Chapter 8.80, FPD’s annual military equipment report details the total annual cost for each type of Military Equipment. This includes costs for acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
During this reporting period, Fremont Police Department spent approximately $98,969.33 for equipment and training specified in AB 481. The total expenditures represent 0.092% of Fremont Police Department’s operational budget ($106,794,404 for FY2022/23). No grant funding was utilized for training or equipment acquisition during this reporting period.
During the upcoming year, FPD has received prior approval by City Council to acquire the following equipment and plans to move forward with the future purchases.
Purchase one DJI Matrice 30T UAS
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS Grant Fund 151
Purchase two DJI Mavic 3 UAS
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS Grant Fund 151
Purchase eighteen PepperBall VKS launchers
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS Grant Fund 151
ENVIRONMENTAL REVIEW: Receiving and approving the Annual Military Equipment Use Report and Exhibit 1 of FPD’s Military Use Policy is an administrative government activity that is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environmen t per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS:
• April 2022 - March 2023 Annual Military Equipment Use Report • Exhibit 1
Council Staff Report (ID # 4874) Meeting of May 2, 2023 Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 6
RECOMMENDATIONS:
1. Receive and approve the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report.
2. Find that each type of Military Equipment identified in the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy.
3. Approve the continued use of the currently authorized military equipment by Fremont Police Department as identified in Exhibit 1 of Fremont Police Department’s Military Use Policy.