Cities Index.
ATT 1 - 2023 MVPD AB 481 Annual Report

Mountain View City Council
May 14, 2024

Document
ATT 1 - 2023 MVPD AB 481 Annual Report
Meeting
May 14, 2024
Body
Mountain View City Council
Original file
436 KB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

SJ/6/POL/300-04-25-24R 1

Assembly Bill 481,
Military Equipment
Annual Report

2023

Mountain View Police Department

Posted: April 19, 2024

SJ/6/POL/300-04-25-24R 2
Background

On September 30, 2021, Governor Gavin Newsom signed a series of eight (8) policing reform bills , including Assembly Bill 481 (AB 481), on the acquisition and use of military equipment . On May 10, 2022, the Mountain View City Council adopted Ordinance No . 7.22 approving Mountain View Police Department Policy 709, Military Equipment (“MVPD Policy 709”).

Summary

The Mountain Police Department (MVPD) had equipment meeting eight of the 15 categories requiring reporting by AB 481 in 202 3. The equipment has been used minimally, largely related to training and certification.

The City has not received any complaints or audits regarding the use or acquisition of the equipment . One policy violation did occur, which involved the improper storage of a beanbag launcher. The department addressed the violation in accordance with its internal policies and procedures, which included conducting an internal investigation. MVPD has diligently followed MVPD Policy 709, ensuring transparency and accountability in its operations. Plans for future equipment purchases meeting the reporting requirements of AB 481 are minimal and mostly focused on replacing or replenishing equipment used throughout the year.

In 20 24, the department plans to purchase approximately 500 rounds of .50 -caliber ammunition at a cost of $900 and approximately 1,000 rounds of .308-caliber ammunition at a cost of $1,500 to replace ammunition used during training in 2023. The department plans to purchase 36 noise-flash diversionary devices to replace expired devices at a cost of approximately $5,000 and purchase additional units to replace any used throughout the year, as well as replenishing chemical munitions used in training or as they expire at a cost of approximately $5,000. Additionally, as part of the 2024 -25 City budget process, the department has requested funds to purchase forty (40) 40mm LMT Single-Shot Sponge Round Launcher s at a total approximate cost of $50,433 to replace the 12 -gauge beanbag launchers currently used by patrol officers. Additionally, the department has requested $15,700 to purchase related 40mm foam impact projectiles. All the costs noted in the table below come from MVPD’s budget out of the City’s General Operating Fund.

Since August 1, 2023, the department has been working with California Office of Emergency Services ( CalOES) and the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF) to return 20 AR-15 rifles acquired through the 1033 Program, which provides excess Department of Defense property for law enforcement use. The department applied for their return to ATF and an inventory certification on August 2, 2023.

In December 2023, while awaiting approval from ATF, the Law Enforcement Support Office instituted a moratorium on the return of 1033 Program rifles until further notice . The department has since stored these rifles and has no plans to deploy them operatio nally or in

SJ/6/POL/300-04-25-24R 3
training. MVPD will continue to communicate with the ATF to ensure timely notification of authorization to return the rifles and is exploring alternative methods to remove the rifles permanently from inventory.

Introduction

As required by AB 481, City Ordinance 7.22, and MVPD Policy 709, MVPD must prepare an annual report on the use of each type of m ilitary equipment approved in the Policy over the last year . Subsequently, the City Council must review the Ordinance, Policy, and AB 481 Annual Report and determine whether MVPD’s use of the defined military equipment in the past year complied with the Policy.

MVPD has equipment meeting eight of the 15 categories set forth in AB 481 and MVPD Policy 709, indicated below in bold:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant, ambush-protected vehicles or armored personnel carriers.

3. High mobility multi-purpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms and ammunition of .50-caliber or greater, excluding standard-issue shotguns.

9. Ammunition of .50-caliber or greater, excluding standard-issue shotgun ammunition.

10. Specialized firearms and ammunition of less than .50 -caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue service weapons and ammunition of less than .50-caliber.

SJ/6/POL/300-04-25-24R 4

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. Noise-flash diversionary devices, explosive breaching tools, or munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.

14. Kinetic energy weapons and munitions.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

AB 481 requires police departments to identify, at a minimum, six elements in their annual reports for each type of equipment:

1. Summary of how each type of equipment was used and the purpose of that use.

2. Summary of complaints or concerns received for each type of equipment.

3. Information disclosing violations of military equipment policies and actions taken in response as well as the result of internal audits.

4. Annual costs for each type of equipment, “including acquisition, personnel, training, transportation, maintenance, storage, u pgrade, and other ongoing costs ,” and from what source funds will be provided for the milit ary equipment in the calendar year following submission of the annual report.

5. Quantity possessed of each type of equipment.

6. Plans to acquire additional military equipment in the coming year and the quantity sought.

The tables on the following page s provide this information in the categories of Quantity, Costs, Summary Use and Purpose, Complaints, Policy Violations, and Future Purchases.

It should be noted that costs may list the acquisition cost from the previous fiscal years, as noted in the table with an asterisk (*).

SJ/6/POL/300-04-25-24R 5
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Category 1: Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles Mavic 2 Enterprise Dual with
Forward-Looking Infrared
(FLIR) UAS (Unmanned Aerial
System)
2 *$14,861.31
(purchased in
2020)

$0 cost in 2023

In 2023, unmanned aerial systems were used
in 44 training missions, including pilot training
and public demonstrations. There were no
actual deployments in the field. These
systems provide valuable training for
department staff and can be utilized for public
safety missions, enhancing Officer safety by
enabling remote monitoring of hazardous
situations. Additionally, they support City
departments in tasks like fire suppression and
building inspections.

None None None planned
DJI Matrice 30T

Drone with Thermal Camera

2 $33,986.81
(cost of purchase
in 2023)

In 2023, unmanned aerial systems (UAS) were
utilized for training 75 times and deployed in
the field six times. These UAS also supported
the Public Works Department by documenting
work at City Hall. This equipment enhances
Officer safety by enabling remote observation
of potentially dangerous situations and is
versatile in applications ranging from crime
scene documentation, suspect searches,
missing persons searches, and interagency
assistance to tasks like fire suppression,
building inspections, and general photography.

None None None planned

SJ/6/POL/300-04-25-24R 6
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Loki MK2 EU Drones

2 $13,693.80
(cost of purchase
in 2023)

In 2023, UAS were employed for training,
assisting an external agency in finding a
homicide suspect, community presentations,
and supporting SWAT and investigations in
executing search warrants. These UAS
enhance Officer safety by allowing remote
observation of dangerous situations, thus
reducing risks to personnel. Their primary use
is for suspect searches within buildings.

Deployed for training 35 times and in the field
three* times (estimate only, indoor flights are
not tracked).

None None None planned
DJI Mavic 3T
Wide/Zoom/Thermal
Camera UAS
1 $6,157
(cost of purchase
in 2023)

In 2023, the UAS was used in training 53 times
and deployed in the field seven times. These
aircrafts enhance Officer safety by enabling
remote assessment of risks, thereby reducing
potential harm to personnel. They serve
various purposes, including documenting
crime scenes, suspect and missing person
searches, interagency support, and tasks like
fire suppression, building inspections, or aerial
photography.

None None None planned
Robotex Avatar Robot 1 *$12,389.21
(purchased in
2011)

$0 cost in 2023

In 2023, a robot was deployed in the field once
and used in training 10 times. It entered the
dwelling ahead of Officers based on
intelligence to gather visual/audio information
safely, enhancing safety for individuals and
Officers. Only trained, assigned operators can
operate the robot.

None None None planned

SJ/6/POL/300-04-25-24R 7
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Category 5: Command and Control Vehicles that are Either Built or Modified to Facilitate the Operational Control and Direction of Public Safety Units Mobile Command Control
Vehicle (MCV)
1 $4,303.47
maintenance and
repair costs in
2023
In 2023, the Mobile Command Vehicle (MCV)
was deployed to large concerts, SWAT/Crisis
Negotiation Team training, and driver
familiarization exercises. It provides command
and control capabilities and workspaces for
the Incident Commander at both on-scene and
remote locations, supporting incident and
event management.

None None None planned
SWAT Command Vehicle 1 $1,087.64
maintenance and
repair costs in
2023
In 2023, the SWAT Command Vehicle was
deployed in the field once and was used in
monthly SWAT trainings. It provides
command and control capabilities for the
SWAT Commander and serves to transport
SWAT personnel and equipment, facilitate
training, and provide a safe environment for
emergency medical and tactical medics staff.

None None None planned

SJ/6/POL/300-04-25-24R 8
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Category 7: Battering Rams, Slugs, and Explosive Breaching Apparatuses Explosive breaching initiator 2 *$200
(acquired in 2002)

$0 cost in 2023

Explosive breaching equipment was used only
in training in 2023.

It enables safe, quick entry into structures, is
restricted to SWAT incidents, and requires
Incident Commander authorization for
deployment.

Nonel MS Blasting Caps were used 14 times in
training 2023 but not deployed in the field.

Twenty feet (20’) of Primacord was with the
14 blasting caps.

None None $1,000 to
replace any used
in training or
operationally.

Nonel MS (blasting cap) 136

*$3.75 each
(acquired in 2002)

$0 cost in 2023

Primacord (50 grains per
foot)—primary explosive
2,980’ *$695 for 2,000’
(acquired in 2002)

$0 cost in 2023

Category 8: Firearms of .50-Caliber or Greater, Excluding Standard-Issue Shotguns and Standard-Issued Shotgun Ammunition .50-Caliber Semiautomatic
Rifle
1 *$9,350

$0 cost in 2023
The Barret .50-caliber rifle was not used for
training nor deployed in the field in 2023. It is
designed for specific strategic and tactical
purposes, such as stopping weaponized
vehicles, penetrating heavy glass, or
neutralizing protected snipers. It uses various
ammunition types to suit different scenarios.

None None None planned

SJ/6/POL/300-04-25-24R 9
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Category 9: Ammunition of .50-Caliber or Greater
.50-Caliber Ammunition 470
rounds
*$4,400

$0 cost in 2023

In 2023, the Barret .50-caliber ammunition
was not used for training nor deployed in the
field. The rifle is compatible with various
ammunition types for different uses (see
Category 8).

None None $900

.50-caliber
ammunition is
anticipated to be
purchased to
replenish this
ammunition
inventory to
about 1,000
rounds for
training and
operational
purposes.

Category 10: Specialized Firearms and Ammunition of Less than .50-Caliber .308-Caliber Sniper Rifle 2 *$7,518
(purchased in
2021)

$0 cost in 2023

In 2023, SWAT team deployed the sniper rifle
once in the field, but it was not fired. The
SWAT team trained monthly with the sniper
rifle. The rifle’s primary functions are incident
observation and immediate threat
assessment.

In 2023, SWAT team deployed the .308-caliber
ammunition with the sniper rifle once in the
field, but it was not fired. The SWAT team
trained monthly with the sniper rifle and
ammunition.

400 rounds were used in 2023 for qualification
and training.

None None None planned
.308-Caliber Ammunition 1,900
rounds

*$3,300

$0 cost in 2023

None None The department
anticipates
purchasing
$1,500 worth of
ammunition
(approximately
1,000 rounds) in
2024.

SJ/6/POL/300-04-25-24R 10
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Bushmaster AR-15 .223
Semiautomatic Rifle
0 *$600

$0 cost in 2023
The Bushmaster AR-15 was acquired in lieu of
destruction in 2017 and used for spare parts
for operational rifles.

*We disposed of this firearm in 2023.

None None None planned
Black Rain Ordinance AR-15
.223 Semiautomatic Rifle
0 *$600

$0 cost in 2023
The Black Rain Ordinance AR-15 Rifle was
acquired in lieu of destruction in 2019 and
used for spare parts for operational rifles.

*We disposed of this firearm in 2023.

None None None planned
B-West AK-47 .762
Semiautomatic Rifle
1 *$500

$0 cost in 2023
The B-West AK-47 was acquired in lieu of
destruction in 2008 and used for operator
weapons systems familiarity and weapons
systems capabilities. This rifle is currently in
inventory and stored as surplus.

None None None planned
M4 .223 Carbine
Semiautomatic Rifle
12 *$18,000

$0 cost in 2023
In 2023, SWAT deployed the M4 Carbines in
the field once, but they were not fired. The
M4 Carbines were used at mandatory training
and qualifications. It is the primary weapon
for each SWAT operator.

None None None planned
Surefire SOCOM556RC Noise
and Recoil Suppressors
12 *$12,000

$0 cost in 2023
In 2023, Surefire noise and recoil suppressors
were deployed in an operation and in training
with the M4 Carbines, enhancing training
safety and covert operation capabilities. Each
rifle is issued with a suppressor and utilized in
2023 training.

None None None planned
M4 .223 Rifle, Semi- and
Fully Automatic
2 *$3,000

$0 cost in 2023
The M4 .223 semi- and fully automatic rifles
were not deployed in the field nor in training
in 2023. These rifles were the previously
assigned SWAT Operator primary weapon.

None None None planned

SJ/6/POL/300-04-25-24R 11
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
AR-15 .223 Bushmaster
Pistol
0 *$900

$0 cost in 2023
The AR-15 Bushmaster Pistol was intended for
concealed carry by plainclothes SWAT
members, but was neither deployed in the
field nor in training in 2023 and was being
stored as surplus.

*It was destroyed in 2023 and removed from
inventory.

None None None planned
HK MP5 Suppressed 9mm
Submachine Gun
1 *$2,700

$0 cost in 2023
The HK MP5 suppressed 9mm submachine
gun, acquired for concealed carry by
plainclothes SWAT operators, was used only in
training in 2023 and is stored as surplus in
inventory.

None None None planned
HK .308 Rifle 1 *$5,000

$0 cost in 2023

The HK .308 rifle was not deployed in the field
nor used in training in 2023.

None None None planned
Remington 870 Breaching
Shotgun
1 *$800

$0 cost in 2023
The Remington 870 breaching shotgun,
designed for defeating locks and hinges for
emergency entry, was neither deployed in the
field nor in training in 2023 and is stored as
surplus in inventory.

None None None planned
Steyr AUG .223 Rifle 1 *$2,000

$0 cost in 2023
The Steyr AUG .223 rifle, converted for blank
ammunition use in scenario training, was not
deployed in the field nor in training in 2023.

None None None planned

SJ/6/POL/300-04-25-24R 12
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Category 12: Noise Flash Diversionary Device and Chemical Munitions Chemical Munitions 114

*$4,800

$0 cost in 2023
Chemical munitions were deployed in the field
but not fired and were used only in training to
ensure certification and proficiency. This
includes various CS/OC chemical deployment
munition systems.

SWAT members spend about four hours on
chemical munitions training during regular
sessions.

None None Additional
purchases may
be made to
replace
equipment used
and/or expired.

The estimated
cost is $5,000.

Noise Flash Diversionary
Device (NFDD)
46 *$4,407

$0 cost in 2023
NFDDs were deployed in the field but not
detonated. They were used in training to
ensure certification and proficiency. They
serve to distract or immobilize threats, aiding
officers in managing dangerous situations.

One officer completed a 16-hour NFDD
Instructor course, and SWAT members spent
around four hours training with NFDDs during
the year.

None None Due to existing
NFDDs expiring
in 2023, the
department
intends to buy
36 NFDDs in
2024 at
approximately
$5,000 with
potential for
more purchases
as supplies
diminish.

SJ/6/POL/300-04-25-24R 13
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
Category 14: Kinetic Energy Weapons and Specialty Munitions FN303 .68 Launcher 2 *$2,400

$0 cost in 2023
The FN303 .68 launcher was only used for
training. It fires .68-caliber projectiles, such as
impact, paint, marker, OC powder, and
training rounds, for area denial, suspect
movement, action cessation, or to disable or
disorient suspects.

None None None planned
.68-Caliber Projectiles 900 *$4,443

$750 purchased
in 2023

These munitions were deployed only in
training.

None None None planned
40mm LMT Single-Shot
Sponge Round Launcher
2 *$1,800

$0 cost in 2023
The 40mm LMT Single-Shot Sponge Round
Launcher was deployed in the field but not
fired except at mandatory training and
qualifications. It deploys less-lethal munitions
to induce compliance when reasonable.

None None The department
has requested
funds to
purchase forty
(40) 40mm LMT
Sponge Round
Launchers to
replace the 12-
gauge beanbag
launchers
currently used
by patrol officers
at a cost of
approximately
$1,143 each and
a total
approximate
cost of $50,433.

SJ/6/POL/300-04-25-24R 14
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
40mm LMT 4-Shot Multi-
Launcher
1 *$2,300

$0 cost in 2023
The 40mm LMT 4-Shot Muti-Launcher was
deployed in the field but not fired except at
mandatory training and qualifications. It
deploys less-lethal munitions to induce
compliance when reasonable.

The 40mm LMT 4-Shot Multi-Launcher, used
like its single-shot counterpart, may be
deployed for its ability to offer multiple shot
options.

None None None planned
40mm Sponge Round 50 Inert
40 CS
20 OC
$1,980

$0 cost in 2023
These projectiles were deployed in the field
but not fired except at 40mm trainings and
qualification.

Projectiles fired with the launchers are used to
prompt individuals to stop their actions when
deemed a reasonable option.

None None The department
has requested
funds to
purchase 1,000
sponge rounds,
including
training rounds,
estimated at
$15,700.

12-Gauge Shotgun Chemical
Munition Launcher
1 *$400

$0 cost in 2023
The 12-Gauge Shotgun Chemical Munition
Launcher was deployed in the field but not
fired except at training.

None None None planned
12-Gauge Shotgun Beanbag
Launcher
37 *$14,800

$0 cost in 2023
The 12-Gauge Shotgun Beanbag Launchers
were deployed in the field and for training and
qualification.

It offers less-lethal means to disable or
disorient suspects and compel them to cease
their actions and is standard issue for all patrol
Officers.

None 1 violation.

Actions Taken:

Conducted
internal
investigation.

None planned

SJ/6/POL/300-04-25-24R 15
Equipment Name Qty Cost Summary of Use and Purpose Complaints Policy Violations
Future
Purchases
12-Gauge Beanbag Impact
Munition
500 *$3,000

$0 cost in 2023
Beanbag Munitions were deployed in the field
but not fired except for training and
qualification in 2023.

These rounds are deployed with each
12-Gauge Beanbag Launcher as described
above.

None None In 2024, the
department
plans to
purchase
500 beanbag
munitions, at a
total
approximate
cost of $3,000.

SAGE 37mm Projectile
Launcher
3 *$2,325

$0 cost in 2023.

The SAGE 37mm Projectile Launcher was not
deployed in the field nor in training. It
launches less-lethal munitions and is currently
stored as surplus in inventory.

None None None planned
37mm Impact Munition 50 *$500

$0 cost in 2023
37mm impact munitions were not deployed in
the field nor used in training in 2023. Rounds
for the above launcher systems offer an
additional less-lethal option and are currently
stored as surplus.

None None None planned
____________________________
* Purchased or acquired in previous fiscal years.

← All documents from this meeting