RECOMMENDATION
Approve the purchase of additional quantities of pre-approved military equipment for use by the San José Police Department.
SUMMARY AND OUTCOME
Approval of this recommendation will authorize the purchase of additional quantities of pre- approved 40 mm Launchers and Unmanned Aerial Systems.
BACKGROUND
At the June 21, 2022, City Council meeting, the Police Department (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.
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.
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: REQUEST FOR ADDITIONAL
QUANTITIES OF PRE-APPROVED
MILITARY EQUIPMENT
DATE: October 18, 2023
Approved Date
10/19/23
COUNCIL AGENDA: 10/31/23
FILE: 23-1459
ITEM: 2.9
HONORABLE MAYOR AND CITY COUNCIL
Subject: Request for Additional Quantities of Pre-Approved Military Equipment October 18, 2023
The first annual report on Military Equipment use was presented to the Public Safety, Finance, and Strategic Support Committee meeting on April 20, 2023. The report was then approved by the full City Council on May 9, 2023.
ANALYSIS
The Department is requesting authorization to purchase additional quantities of two 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
• Unmanned Aerial Systems
The two types of equipment are discussed in detail below.
Request for Authorization to Purchase Additional Quantities of Pre-Approved 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 50 for the Penn Arms L140-1 and 99 for the DefTech 1426, for a total authorized quantity of 149 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 19 additional launchers within the Penn Arms L140 series.
The 19 additional launchers will be a newer model within this series, the L140-3. Like the L140-1, the L140-3 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 L140-3. 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.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Request for Additional Quantities of Pre-Approved Military Equipment October 18, 2023
Figure 3: Penn Arms 40mm Launcher L140-3
With the addition of 19 new launchers, the Department’s total stock of approved 40mm launchers will increase from 149 to 168. These additional launchers will be deployed within the Patrol Division to ensure teams are adequately equipped for evolving field situations. The 40mm launchers are assigned to individual officers because they have optics that must be sighted to that officer. Of the 149 launchers currently owned by the Department, 92 are assigned to officers in patrol, and the remaining launchers are assigned to Special Operations and the Training Division. The additional 40mm launchers recommended through this memorandum will help the Department increase the availability of projectile impact weapons to patrol and also help to offset the Department’s declining stock of an alternate form of projectile impact weapon, the stun bag shotgun.
The Department has two types of projectile impact weapons, 40mm launchers and stun bag shotguns. The stun bag shotguns are based on the Remington 870 shotgun platform. They are less accurate and reliable than the 40mm launchers. Additionally, Remington went out of business, making it impossible to repair them when they break, so the available supply of stun bag shotguns is dwindling. Currently, the Department has 69 stun bag shotguns in working condition. The additional 40mm launchers recommended through this memorandum will help to offset this declining supply of stun bag shotguns.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Request for Additional Quantities of Pre-Approved Military Equipment October 18, 2023
Unmanned Aerial Systems
The Department is currently authorized to maintain 22 Unmanned Aerial Systems (UAS). A UAS, sometimes referred to as a “drone,” is a small, remotely operated aircraft without a human onboard.
With this memorandum the department is proposing to add 12 additional UASs, for a total of 34 UASs. The additional UASs are distributed across four different UAS products. The below table summarized the number of additional UASs the Department is requesting by product name. A detailed description of each product and its uses is also provided in this section.
Product Name Additional Quantity
Recommended
Autel EVO II Dual V2 640T UAS 4
Autel EVO II Enterprise V3 UAS 2
DJI Avata 2
DJI Mini 3 Pro 4
Total Additional UAS 12
Autel EVO II Dual V2 640T
The Inventory approved by City Council currently includes the Autel EVO II Dual V2 640T Unmanned Aerial System (UAS). The Department currently has 15 in its possession. The Department is seeking four additional units, bringing the total in the Department’s possession to 19.
Of the four new UASs, one will be deployed with the Internet Crimes Against Children Task Force and will assist in the service of search warrants, and three will be deployed in the Patrol Division to assist with evolving field situations. As listed in the Inventory, this UAS falls under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
Figure 4: Autel EVO II Dual V2 640T UAS
Autel EVO II Enterprise V3 UAS
The Department is seeking two additional EVO II Enterprise V3 UAS products from Autel Robotics.
The EVO II Enterprise V3 UAS will be deployed with the Covert Response Unit and will assist in the apprehension of violent felons and serving of search warrants. These UASs have a mounting point built into the UAS where an exterior spotlight or loudspeaker can be mounted. These accessories integrate with the UAS’s operating system and controller versus having to use a third- party system. As listed in the Inventory, this UAS falls under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Request for Additional Quantities of Pre-Approved Military Equipment October 18, 2023
Figure 5: Autel EVO II Enterprise V3 UAS
DJI Avata
The Department is seeking two Avata UAS products from DJI. The Department currently has three UASs from this manufacturer and wishes to increase its inventory of these small and more maneuverable UASs. The DJI Avata is extremely nimble and able to withstand minor impacts with objects. It also can right itself and fly both indoors and outdoors. These two UASs will be utilized by our Covert Response Unit, and Bomb Squad for high-risk search warrants and critical incidents. As listed in the Inventory, this UAS falls under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
Figure 6: DJI Avata
DJI Mini 3 Pro
The Department is seeking four Mini 3 Pro UAS products from DJI. The benefit of this UAS is an extended flight time as compared to other UASs and because of their smaller size, can be flown indoors and in areas where other UASs would not fit or would be impractical. These UASs do not have thermal capabilities like the Autel EVOs and thus are smaller and nimbler. As listed in the Inventory, this UAS falls under military equipment category 1 – unmanned, remotely piloted, powered aerial or ground vehicles.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Request for Additional Quantities of Pre-Approved Military Equipment October 18, 2023
Figure 7: DJI Mini 3 Pro
EVALUATION AND FOLLOW-UP
Upon approval and acquisition of the above items, they will be added to the Police Department’s Military Equipment Inventory. These items will be included in the Military Equipment Annual Report to City Council at a Public Safety, Finance, and Strategic Support Committee meeting in 2024.
In addition, within 30 days of submitting and publicly releasing the 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 Military Equipment Annual Report and the Police Department’s funding, acquisition, or use of military equipment.
COST SUMMARY/IMPLICATIONS
To cover the costs of the equipment the department will be utilizing current available grant funding and the current Police Department’s Non-Personal/Equipment appropriation. No new or additional funding is being requested for the purchase of the equipment outline in Table 1 below.
Table 1:
Item Quantity Estimated Cost Estimated Total
Penn Arms L140-3, 40mm Launcher 19 $1,368 $25,992
Autel EVO II Dual V2 640T UAS 4 $6,563 $26,252
Autel EVO II Dual Enterprise 2 $11,484 $22,968
DJI Avata 2 $1,398 $2,796
DJI Mini 3 Pro 4 $998 $3,992
Total $82,000
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office and the City Manager’s Budget Office.
HONORABLE MAYOR AND CITY COUNCIL
Subject: Request for Additional Quantities of Pre-Approved Military Equipment October 18, 2023
PUBLIC OUTREACH
This memorandum will be posted on the City’s Council Agenda website for the October 31, 2023 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in sections 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
Anthony Mata
Chief of Police
AM:PH:BM
For questions, please contact Captain Brian Matchett, Special Operations Division, San José Police Department, at [email protected].