SUBJECT: AUTHORIZATION TO PURCHASE ADDITIONAL QUANTITIES OF
APPROVED MILITARY EQUIPMENT AND AUTHORIZATION TO
SEEK GRANT FUNDING FOR A BOMB IDENTIFICATION,
MITIGATION, AND DISPOSAL ROBOT
RECOMMENDATION
Approve the purchase of additional quantities of approved military equipment for use by the San José Police Department (Department) and authorize the Department to seek grant funding for a bomb identification, mitigation, and disposal robot.
OUTCOME
Approval of this recommendation authorizes the purchase of additional quantities of four types of pre-approved military equipment and the purchase of one new type of military equipment.
BACKGROUND
At the City Council meeting on June 21, 2022, the Department brought forward the Military Equipment Use Policy (Policy) along with an attached Military Equipment Inventory (Inventory).
1 The City Council approved the Policy and Inventory as recommended by the Department.
In approving the Policy, the City Council also provided two additional items of direction. First, the City Council directed staff to issue an informational memorandum describing specific limitations regarding the use of the Long-Range Acoustic Device. Staff issued the memorandum
1 Details from this meeting may be found here:
https://sanjose.legistar.com/MeetingDetail.aspx?ID=980797&GUID=15E52BAD-B60D-4CDC-8522-CF23FA24E5FC TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Anthony Mata
SUBJECT: SEE BELOW DATE: October 28, 2022
APPROVED DATE
11/4/22
COUNCIL AGENDA: 11/15/22
FILE: 22-1658
ITEM: 2.16
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
on September 1, 2022.2 Second, the City Council directed that when the Policy returns to City Council during the annual report on military equipment, it includes a means for the public to determine when these tools will not be used. This may be accomplished via linking references or explicit language. The annual report on the Policy is scheduled heard at the Public Safety, Finance, and Strategic Support Committee meeting on April 20, 2023. At that time, the references or language will be included.
Per the approved Policy, “the Department shall seek governing body approval for military equipment, including, but not limited to, grant purchases, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.” The Policy exempts the Department from seeking City Council approval for purchasing previously approved military equipment, provided that the purchases are to replace equipment due to “use, breakage, and expiration.” The Policy does not provide an exemption for purchases of previously approved equipment that would expand the total quantity of such equipment maintained by the Department.
ANALYSIS
The Department is requesting authorization to purchase additional quantities of four types of previously approved military equipment. Because these purchases will expand the total quantity of such equipment owned by the Department (as opposed to replacing equipment due to use, breakage, and expiration), City Council authorization is required for these additional purchases.
The Department is requesting additional quantities of the following equipment types:
• 40mm Launchers
• Carbine Rifles
• Unmanned, Remotely Piloted Aerial Systems
• PAN Disrupter
The Department is also requesting authorization to purchase a new piece of equipment of the following type that has not been previously approved by the City Council:
• Unmanned, Remotely Piloted Ground Vehicles
At this time, the Department is not requesting approval of the military equipment use policy for this type of equipment. Rather, the authorization is to seek grant funding and purchase the item.
The use policy for this item will be presented to the Public Safety, Finance, and Strategic Support Committee on April 20, 2023 as part of the military equipment annual report. At that time, the Department will know if funding is available and the purchase of the item is in process, necessitating a use policy.
2 Memorandum available here:
https://www.sanjoseca.gov/Home/Components/News/News/4414/5167
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
All five types of equipment are discussed in detail below.
Authorization to Purchase Additional Quantities of Pre-Approved Military Equipment
40mm Launchers
The Inventory approved by City Council included two types of 40mm single-shot launchers: the Penn Arms L140-1 (identified in the Inventory as GL1-40) and the DefTech 1426. The Inventory authorizes a quantity of 36 for the Penn Arms L140-1 and 99 for the DefTech 1426, for a total quantity of 135 40mm launchers.
Figure 1: Penn Arms L140-1
(identified in the Inventory as GL1-40)
Figure 2: DefTech 1426
The Department is seeking to purchase 14 additional launchers within the Penn Arms L140 series. The 14 additional launchers will be a newer model within this series, the L140-4. Like the L140-1, the L140-4 is a single-shot, break-open frame launcher with a rifled barrel. The main difference between the two is the multi-rail mounting system and the collapsible stock on the L140-4.
Figure 3: Penn Arms 40mm Launcher L140-4
With the addition of 14 new launchers, the Department’s total stock of 40mm launchers will increase from 135 to 149. These additional launchers will be deployed within the Special Operations Division to ensure every team is equipped with at least one less-lethal option. As listed in the Inventory, these launchers fall under military equipment category 14 – the following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
Carbine Rifles
The Inventory approved by City Council included the Colt Manufacturing M4 Carbine LE 6933 Series rifles. The Department currently has 79 in its possession. The Department is seeking an additional 18 carbine rifles, which will increase the total quantity in the Department’s possession
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
from 79 to 97. The additional 18 rifles will be divided into two variants: nine in the basic 6933 format and nine in the 6933 Enhanced Patrol Rifle (EPR) format. The main difference between the two models is the sight system. The basic 6933 has a fixed sight, while the 6933 EPR has a collapsible sight.
Figure 4: Colt M4 LE 6933
Figure 5: Colt M4 LE 6933 EPR
The nine basic format rifles will be deployed with the Traffic Enforcement Unit to provide them with the ability to respond to in-progress critical incidents. The nine EPR format rifles will be deployed with the Downtown Services Unit and School Liaison Unit, also providing them with the ability to respond to in-progress critical incidents. As listed in the Inventory, these carbine rifles fall under military equipment category 10 – specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
Unmanned, Remotely Piloted Aerial Systems
The Inventory approved by City Council includes the Autel EVO II Dual V2 640T unmanned aerial system (UAS). The Department currently has 13 in its possession. The Department is seeking one additional unit, bringing the total in the Department’s possession to 14. The UAS will be deployed with the Internet Crimes Against Children Task Force and will assist in the service of search warrants. As listed in the Inventory, this UAS falls under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
Figure 6: Autel EVO II Dual V2 640T UAS
The Inventory also includes the Brinc Lemur S, another model of UAS. The Department currently has one UAS of this model in its possession. The Department is seeking an additional one, bringing the total to two. The additional Brinc Lemur UAS will be deployed with the MERGE Unit and will assist in the response to critical incidents. This item will be an upgrade by the manufacturer under the current device’s warranty and will have no cost. The new model will have an upgrade to the cellular microchip. The manufacturer is not requesting the return of the original device. It is still functional and will remain in the Department’s inventory. As listed
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
in the Inventory, this UAS falls under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
Figure 7: Brinc Lemur S UAS
PAN Disrupter
The Inventory approved by City Council includes the Ideal Products Percussion Actuated Non- electric (PAN) Disrupter.3 The Department currently has one in its possession. The Department is seeking an additional one, bringing the total to two. The additional PAN Disrupter will be deployed with the Bomb Unit and will meet the requirements of maintaining the Bomb Unit’s status with Department of Homeland Security as a type-1 squad. A type-1 squad must be able to handle multiple incidents simultaneously. As listed in the Inventory, the PAN Disrupter falls under military equipment category 10 – specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
Figure 8: Ideal Products T3 12-gauge PAN Disrupter
3 Explosive ordinance disposal Disrupters are used by hazardous device technicians as bomb mitigation devices. The primary purpose of a Disrupter is to remotely open or render safe a suspect item or improvised explosive device. To “remotely open” is to open a suspect item to expose the contents, while “render safe” means to penetrate, cut, or remove the fusing system components to disable an explosive. A secondary purpose for a Disrupter is to create a means of access in a window, door, trunk, etc.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
Request for Authorization to Purchase a New Type of Military Equipment
Unmanned, Remotely Piloted Ground Vehicle
The Department is requesting authorization to obtain a new type of equipment not previously approved: the Boston Dynamics Spot.
4 This device is an unmanned, remotely piloted robot with the ability to remotely view in 360˚. It includes sound and thermal capabilities. This item will allow the Bomb Unit to approach devices on uneven or difficult terrains to inspect them and their immediate surroundings. In addition, this item will assist in critical incidents by providing the opportunity to enter locations inaccessible to the currently authorized wheeled and tracked robots. The Department is requesting one device of this type.
The Department does not currently have funding available through its Non-Personal/Equipment appropriation and as such will seek available grant opportunities to fund this purchase. However, the Department is seeking authorization to purchase one Boston Dynamics Spot once funding is made available and secured through grants. The Boston Dynamics Spot will be deployed with the Bomb Unit and will assist in the response to bomb calls and critical incidents. Similar to the other bomb disposal robots, the Boston Dynamics Spot is a remotely powered ground vehicle that will fall under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
Figure 9: Boston Dynamics Spot
Pursuant to the requirements of the Policy, the items above are: a) necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b) reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and c) shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
4 https://www.bostondynamics.com/products/spot
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
CONCLUSION
The Department is requesting authorization to purchase additional quantities of four types of pre- approved military equipment and authorization to purchase of one new type of military equipment, as detailed above.
EVALUATION AND FOLLOW-UP
Upon approval and acquisition of the above items, they will be added to the Department’s Military Equipment Inventory. These items will be included in the Military Equipment Annual Report to the Public Safety, Finance, and Strategic Support Committee meeting on April 20, 2023. The annual report will include the additional requested information from City Council regarding a means for the public to determine when these tools will not be used.
In addition, within 30 days of submitting and publicly releasing Military Equipment Annual Report, the Department will hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual report and the Police Department’s funding, acquisition, or use of military equipment.
CLIMATE SMART SAN JOSÉ
The recommendation in this memo has no effect on Climate Smart San José energy, water, or mobility goals.
PUBLIC OUTREACH
This memorandum and the attached documents will be posted on the City’s Council agenda website for the November 15, 2022 City Council meeting.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
COMMISSION RECOMMENDATION/INPUT
No commission recommendation or input is associated with this action.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
COST SUMMARY/IMPLICATIONS
The following table outlines the items that will be funded by the Police Department’s Non- Personal/Equipment appropriation in 2022-2023. No additional funds are being requested or sought for these items at this time.
Table 1: Items to be Funded by the Department's Non-Personal/Equipment appropriation in FY 2022-2023 Item Quantity Estimated Cost Estimated Total
Penn Arms L140-4, 40mm Launcher 14 $1,180 $16,520
Colt M4 L3 6933 Carbine 9 $989 $8,901
Colt M4 LE 6933 EPR Carbine 9 $1,190 $10,710
Autel EVO II Dual V2 640T UAS 1 $6,486 $6,486
BRINC Lemur S (warranty upgrade) 1 $0 $0
Ideal Products Pan Disrupter 1 $3,337 $3,337
Total $45,954
The following table outlines the item for which funding will be sought through grant opportunities. This item will not be funded by the Police Department’s Non-Personal/Equipment appropriation in 2022-2023.
Table 2: Item to be Funded through Grant Funding
Item Quantity Estimated Cost Estimated Total
Boston Dynamics Spot 1 $250,000 $250,000
Total $250,000
BUDGET REFERENCE
The table below identifies the fund and appropriations to fund the purchase of the items recommended as part of this memorandum.
Fund
#
Appn.
#
Appn. Name Current
Appn.
Amt. for
Equipment
Purchases
2022-2023
Proposed
Operating Budget
Page*
Last Budget
Action (Date,
Ord. No.)
001 0502 Non-
Personal/Equipment
$20,269,759 $45,954 676 10/18/2022,
Ord. 30833
* The 2022-2023 Adopted Operating Budget was approved on June 14, 2022 and adopted on June 21, 2022 by the City Council.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Authorization to Purchase Military Equipment
October 28, 2022
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
/s/
ANTHONY MATA
Chief of Police
AM:SD:SL
For questions, please contact Captain Stephen Lagorio, Special Operations Division, San José Police Department, at [email protected].
Attachment: Boston Dynamics Spot Data Sheet
Attachment: Boston Dynamics Spot Data Sheet