Staff Report — Simi Valley City Council, April 25, 2022

CITY OF SIMI VALLEY

MEMORANDUM
A
pril 25, 2022
TO: City Council
F
ROM: Police Department
S
UBJECT: DISCUSSION AND DIRECTION REGARDING A MILITARY EQUIPMENT

USE POLICY FOR THE CITY OF SIMI VALLEY POLICE DEPARTMENT

AND DIRECT STAFF TO RETURN WITH AN ORDINANCE

STAFF RECOMMENDATION
I
t is recommended that the City Council direct staff to return with a noticed public hearing to adopt an Ordinance authorizing a Military Equipment Use Policy for the Police Department.

BACKGROUND AND OVERVIEW
O
n September 30, 2021, Governor Newsom signed AB 481 as part of a package of peace officer reform bills. AB 481 addresses the funding, acquisition, and use of items lawmakers deemed “military equipment.” AB 481 went into effect on January 1, 2022, and requires a law enforcement agency to obtain approval of its governing body to enact a military equipment use policy before purchasing, using, raising funds for, or acquiring military equipment. AB 481 requires the policy be submitted to the City Council and posted on the City’s website 30 days prior to a public hearing where the policy will be considered and proposed for adoption by ordinance.

Fur
thermore, AB 481 requires similar approval for the continued use of “military equipment” acquired by the Simi Valley Police Department prior to January 1, 2022, and allows the governing body to approve the funding, acquisition, or use of military equipment wi thin its jurisdiction , only if it determines that the military equipment meets specifi c standards. AB 481 requires each law enforcement agency's governing body to commence with the adoption of a written military equipment use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of this previously acquired military equipment.

The Policy (Attachment A, page 9) satisfies the requirements of AB 481 and was posted on the City’s website on March 24, 2022. It is recommended that the City Council direct staff to return with the proposed ordinance during a duly noticed public hearing, which will provide for the 30- day period of review by the City Council and the public . The draft ordinance is attached (page 6).

AGENDA ITEM NO.

FINDINGS AND ALTERNATIVES
AB 481 Definition of Military Equipment (See Government Code Section 7070) AB 481 created Government Code Section 7070 to designate the following 15 categories of items as military equipment:
• Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles • Category 2: Mine-resistant ambush- protected vehicles or armored personnel carriers
• Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two and- one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
• Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion • Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Category 6: Weaponized aircraft, vessels, or vehicles of any kind • Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
• Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard issue shotguns and standard-issue shotgun ammunition
• Category 9: Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 3051 5 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
• Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles
• Category 11: “Flashbang” grenades and explosive breaching tools • Category 12: Munitions containing “ tear gas ” or “pepper balls,”, excluding standard, service-issued handheld pepper spray
• Category 13: Taser Shockwave, microwave weapons, water cannons, and long- range acoustic devices
• Category 14: 40mm projectile launchers, “bean back,” rubber bullet, and specialty impact munition weapons
• Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
2 The Simi Valley Police Department is currently in possession of items in Categories 1, 3, 5, 7,10, 12, and 14 from the above- referenced list which are defined in the draft Military Equipment List (Attachment B, page 13).

In accordance with the procedures set forth within AB 481, the Police Department’s draft Military Equipment Policy § 707 was first made available on the Police Department’s website https://www.simivalley.org/departments/police-department/assembly-bill-481- simi-valley-police-department-military-equipment-policy on March 24, 2022, 30-days prior to today’s meeting. The website provides a means for submitting complaints, concerns, or questions about the use if each specific type of military equipment.

AB 481 Approval of the Military Equipment Use Policy (Government Code (“GC”) Section 7070, et seq.)
Subsection (d)(1) of GC Section 7071 states the following: “The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
“(A) The military equipment is necessary because there is no r easonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) 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.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.”
The proposed Military Equipment Use Policy meets the objectives above. All prior military equipment use complied with the City’s policies that were in effect at the time.

AB 481 Annual Reporting Requirements (Government Code Section 7072) Should the Police Department receive approval from the City Council for the M ilitary Equipment Use policy consistent with Government Code Section 7071(d)(1), the Police Department will submit an annual report for each type of military equipment used within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report available on its internet website for as long as the military equipment is available for use.

At a minimum, and as required by Government Code Section 7072(a), the above- referenced report will include the following:
3 ( 1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including 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.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The following alternatives are available to the City Council:

1. Direct staff to return with a noticed public hearing to adopt the Ordinance authorizing a Military Equipment Use Policy for the Police Department;

2. M
ake modifications to the policy and direct staff to return with a noticed public hearing to adopt the Ordinance authorizing a Military Equipment Use Policy for the Police Department;

3. Provide staff with further direction.

S
taff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I m
ove to d irect staff to return with a noticed public hearing to adopt the Ordinance authorizing a Military Equipment Use Policy for the Police Department.

SUMMARY
O
n September 30, 2021, Governor Newsom signed AB 481 as part of a package of peace officer reform bills. AB 481 addresses the funding, acquisition, and use of items lawmakers deemed “military equipment”. AB 481 went into effect on January 1, 2022, and requires a law enforcement agency to obtain approval of its governing body to enact a military equipment use policy before purchasing, using, raising funds for, or acquiring military equipment. AB 481 requires the policy be submitted to the City Council and 4 posted on the City’s website 30 days pr ior to a public h earing where the policy will be considered and proposed for adoption by ordinance.

Furthermore, AB 481 requires similar approval for the continued use of “military equipment” acquired by the Simi Valley Police Department prior to January 1, 2022, and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires each law enforcement agency's governing body to commence with the adoption of a written military equipment use policy by ordinance in a public forum by April 30, 2022, in order
to continue the us e of this previously
acquired military equipment.

Accordingly, it is recommended City Council d irect staff to return with a noticed public hearing to adopt the Ordinance authorizing a Military Equipment Use Policy for the Police Department.

David M. Livingstone
Chief of Police
P
repared by: Ritchie Lew, Police Commander
INDEX Page
O
rdinance ......................................................................................... 6 Attachment A – Policy 707 ............................................................... 9 Attachment B – Military Equipment List………………………………1 3
5 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SIMI VALLEY, STATE OF CALIFORNIA, ADDING CHAPTER
45 (“MILITARY EQUIPMENT POLICY”) TO TITLE 5 OF THE

CITY OF SIMI VALLEY MUNICIPAL CODE GOVERNING

THE USE OF MILITARY EQUIPMENT BY THE POLICE

DEPARTMENT

THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and

WHEREAS, Assembly Bill No. 481 (“AB 481”), codified as Government Code Section 7070, et seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code Section 7070; and

WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and

WHEREAS, the Military Equipment Use Policy was published on the Simi Valley Police Department’s website 30 days before the Military Equipment Use Policy was considered at a public hearing before the City Council; and

WHEREAS, the Military Equipment Use Policy meets the requirements of California Government Code section 7071, subdivision (d)(1).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are hereby declared to be true and correct and represent the findings of the City Council made in exercise of its independent judgement.

SECTION 2. Determinations. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Use Policy, based on the following findings:
6 a) The military equipment identified in the Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. b) The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
c) The military equipment identified in the Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d) All prior military equipment use complied with the City’s policies that were in effect at the time.

SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen in certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

SECTION 4. Inconsistencies. Any provision of the Simi Valley Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance of any part thereof is for any reason held to the unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance of any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

SECTION 6. Effective Date. This Ordinance shall become effective 30 days following adoption.

SECTION 7. Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.

7 PASSED and ADOPTED this ____ day of __________,2022.

A
ttest:

Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
A
pproved as to Form: Approved as to Content:

David Caceres, City Attorney Brian Paul Gabler, City Manager Dav id Livingstone, Chief of Police
8 Policy
707
Simi Valley Police Department

POLICY MANUAL
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Simi Valley Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• 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 firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

ATTACHMENT A
9 Simi Valley Police Department

POLICY MANUAL
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Simi Valley Police Department ***DRAFT*** Military Equipment - 2 707.2 POLICY
It is the policy of the Simi Valley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Simi Valley Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Attachment currently being drafted]
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
10 Simi Valley Police Department

POLICY MANUAL
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Simi Valley Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions of Government Code § 7070 through § 7075, such assisting agencies must comply with their respective military equipment use policies when rendering assistance.
707.6 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
11 Simi Valley Police Department

POLICY MANUAL
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Simi Valley Police Department ***DRAFT*** Military Equipment - 4 707.9 EXTRAORDINARY CIRCUMSTANCES
This policy also recognizes that there may be very limited or extreme instances where incidents of extraordinary nature could demand the need for incident commanders to authorize Department personnel to use equipment not specified in this policy. This decision must be influenced by the totality of the circumstances, including due regard for the public's safety, officer safety, respecting civil rights, the seriousness of the situation, and other information available at that time. Should such extreme instances occur that call for members of this Department to use equipment not specified in this policy, the incident commander shall, if practical, notify the Chief of Police via the chain of command prior to deploying such equipment. Should such circumstances occur, the Chief of Police or his/her designee, shall notify the City Council as soon as practical, and indicate any such uses in the required annual report.
12 1
Si
mi
Valley Police Department
Military Equipment List

1. U
nmanned, remotely operated ground vehicle (Category 1)
a.

Quantity, Description, Capabilities, and Purchase Cost:

One (1) iRobot 110 - Portable remote controlled, battery operated, robot equipped with video cameras. Operational range of approximately 300 yards, battery life 6-8 hours; Cost: $18,845.50
b. Purpose:

Provides officers the ability to visually inspect hazardous environments. The robot can be utilized during high-risk tactical situations such as barricaded subjects and hostage rescues. The robot may also be used to inspect hazardous materials, possible explosive devices and other hazardous situations. c. Authorized Use:

Absent exigent circumstances, a search warrant must be obtained prior to entering a private dwelling. All search and seizure laws shall be adhered to. d. Expected Lifespan:

Approximately 10 years.
e. Fiscal Impact:

The ongoing costs for maintenance and batteries will vary. Approximately $0 to $500 annually.

2. Armored Rescue Vehicle, Lenco BearCat (Category 3)
a.

Quantity, Description, Capabilities, and Purchase Cost:

One (1) “Lenco BearCat” armored personnel carrier. The “BearCat” is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. Cost:
$263,439.
b. Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event that is taking place.
c. Authorized Use:

ATTACHMENT B
13 2

The use of armored vehicles shall only be authorized by a Watch Commander or SWAT Commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan:
25 years
e. Fiscal Impact:

Annual maintenance cost estimated between $0 and $1,100 annually.

3. Command and Control Vehicles (Category 5)
a
. Quantity, Description, Capabilities, and Purchase Cost:

One (1) Model Farber Mobile Command Center vehicle. The Mobile Command Center is a mobile command post. Desk with radios for dispatch on the interior.

Several storage areas for the different equipment used by department members.

Water, generator, tables, chairs and television. Cost: $106,504. b. Purpose:

Provides incident managers and dispatchers the ability to coordinate and manage police resources during incidents.
c. Authorized Use:

Drivers must possess a valid California Class C driver’s license. Take a familiarization and driver orientation course.
d. Expected Lifespan:
80,000 to 100,000 miles
e. Fiscal Impact:

Annual maintenance cost estimated between $0 and $1,000 annually.

4. Command and Control Vehicles (Category 5)
a
. Quantity, Description, Capabilities, and Purchase Cost:

Three (3) Ford Explorer patrol vehicles equipped with radios, a mobile data computer, whiteboards and storage cabinets. Mid-size modular command post designed to meet the most demanding operational needs of the mobile field commander. The vehicle range is approximately 300 miles on one tank of gas. Cost: $38,000 per vehicle / $2,500 per modular command center
14 3

b. Purpose:

Provides incident managers the ability to coordinate and manage police resources during incidents.
c. Authorized Use:

Drivers must possess a valid California Class C driver’s license. Utilized by sworn personnel of the rank of Sergeant or higher. Does not require additional training. d. Expected Lifespan:
80,000 to 100,000 miles
e. Fiscal Impact:

Annual maintenance cost estimated between $0 and $1,000 annually.

5. Frangible Breaching Shotgun (Category 7)
a
. Quantity, Description, Capabilities, and Purchase Cost:

One (1) Frangible Breaching Shotgun. The modified 12 gauge Remington 870 shotgun is designed to fire a copper or clay compressed frangible projectile through door locking mechanisms and hinges. After defeating the hardware of a door, the projectile disintegrates, mitigating the risk for potential injury to bystanders. Cost:

Approximately $800.
b. Purpose:

Allows SWAT officers to safely and effectively breach doors and gates during high- risk search warrant services and hostage rescues.
c. Authorized Use:

Absent exigent circumstances, a search warrant must be obtained prior to entering a private dwelling. All search and seizure laws shall be adhered to. SWAT Team personnel are authorized to use the breaching shotgun after receiving the required training and having shown the ability to utilize the tool safely and competently. d. Expected Lifespan:
25 years
e. Fiscal Impact:

The ongoing cost for ammunition will vary. Approximately $0 to $50 annually.

6. Specialized Firearms and Ammunition (Category 10)
a
. Quantity, Description, Capabilities, and Purchase Cost:

One Hundred Twenty (120) AR-15 and M4 Carbine rifles of various makes and models. Various makers of ammunition for .223 caliber rifles.

Cost: Approximately $1,100 to $2,000 per unit.

I. Twenty Five (25) - Colts
II. Eight (8) - Daniel Defense
III. One (1) – Olympic Arms
IV. Twelve (12) – POF
15 4

V. Seventy One (71) – Smith & Wesson
VI. Two (2) – Galil
VII. One (1) – Bushmaster
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c. Authorized Use:

Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
d. Expected Lifespan:

Approximately 20 years or longer.
e. Fiscal Impact:

The ongoing costs for ammunition will vary and maintenance is conducted by department staff. Approximately $0 to $50 per rifle annually.

7. Specialized Firearms and Ammunition (Category 10)
a
. Quantity, Description, Capabilities, and Purchase Cost:

Two (2) FN Herstal Police Special Sniper Rifles. Bolt Action rifle that fires .308 caliber projectiles. Cost: Approximately $1,500 per unit.
b. Purpose:

Officers must successfully complete a CA POST certified sniper rifle course as well as regular department firearms training and qualifications as required by law and policy.
d. Expected Lifespan:

Approximately 20 years or longer.
e. Fiscal Impact:

The ongoing costs for ammunition will vary and maintenance is conducted by department staff. Approximately $0 to $50 per rifle annually. 16 5

8. Specialized Firearms and Ammunition (Category 10)
a
. Quantity, Description, Capabilities, and Purchase Cost:

Two (2) Sig Sauer 716G2 7.62, AR-10 Semi-Automatic Sniper Rifles that fire 7.62 NATO caliber projectiles. Utilizing the tried and true Direct Impingement System, an M1913 Mil-Std rail, free-floating barrel, aluminum forend, and telescoping stock, the SIG716 is the rifle of choice when you require the power of a larger caliber carbine.

Cost: Approximately $1,600 per unit.
b. Purpose:

Officers must successfully complete a CA POST certified sniper rifle course as well as regular department firearms training and qualifications as required by law and policy.
d. Expected Lifespan:

Approximately 20 years or longer.
e. Fiscal Impact:

The ongoing costs for ammunition will vary and maintenance is conducted by department staff. Approximately $0 to $50 per rifle annually.

9. Light Sound Diversionary Device (Category 12)
a
. Quantity, Description, Capabilities, and Purchase Cost:

Fifty Seven (57) CTS Model 7290m, mini light sound diversionary devices (flashbangs). Produce 6-8 million candela of light and 175db of sound. Cost: $37.65 per unit.
b. Purpose:

The light sound diversionary device (flashbang) is a less lethal device used during high-risk search warrants, arrests of armed and violent suspects, and hostage rescues. An intense bright light and loud noise are created, temporarily overwhelming the suspect.
c. Authorized Use:

SWAT personnel are authorized to carry light sound diversionary devices. All authorized personnel must attend a user's course taught by a POST certified instructor and complete a qualification.
d. Expected Lifespan:
5 years
e. Fiscal Impact:

The ongoing cost will vary each year. Approximately $0 to $1,000 annually. 17 6

10. Tear Gas (Category 12)

a. Quantity, Description, Capabilities, and Purchase Cost:

Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Simi Valley Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects per Simi Valley Police Department Policy and applicable law. The Simi Valley Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. CTS 5230 – Non-baffled pyrotechnic canister that emits 95 grams of CS agent. Cost: $31.14 per munition.

II. CTS 6230 – Non-baffled pyrotechnic canister that emits 77 grams of CS agent. Cost: $31.90 per munition.

III. CTS 5230B – Baffled pyrotechnic canister that emits 25 grams of CS agent.

It has a low flame potential that is designed for indoor use. Cost: $40.42 per munition.

IV. CTS 9230 – Jet-Lite Rubber ball pyrotechnic that delivers 40 grams of CS agent. Cost: $32.46 per munition.

V. CTS 4330 – 40mm Liquid CS round that delivers 10 grams of CS agent from a 40mm launcher. Cost: $25.06 per munition.

VI. CTS 9590 – Rubber Stingball munition. Dispersion of stinging .31 caliber rubber pellets. Cost: $52.50 per munition.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:

• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.

c. Authorized Use:

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents.

d. Expected Lifespan:

I. CTS 5230 – 5 years
II. CTS 6230 – 5 years
III. CTS 5230B – 5 years
IV. CTS 9230 – 5 years
V. CTS 4330 – 5 years
VI. CTS 5290 – 5 years
18 7

e. Fiscal Impact:

I. CTS 5230 – $0 to $300
II. CTS 6230 – $0 to $300
III. CTS 5230B – $0 to $300
IV. CTS 9230 – $0 to $300
V. CTS 4330 – $0 to $300
VI. CTS 5290 – $0 to $300

11. PepperBall Launcher & Projectiles (Category 12)

a. Quantity, Description, Capabilities, and Purchase Cost:

Four (4) Launchers that are part of a system that uses high-pressure air to deliver PAVA ( pelargonic acid vanillylamide) powder projectiles (similar to a paintball d
elivery system). System capable of launching projectiles at a subject up to 60’.

System capable of area saturation up to 150’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-escalation tool used to avoid further injuries or lethal options on a subject; Cost: $219.99 per unit.

I. PepperBall LIVE PROJECTILE, The basic PepperBall projectile contains 2.5 grams of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+feet.

The projectile contains 0.5% PAVA Powder; Cost: $1,000.

b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include but, are not limited to:

c. Authorized Use:

Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.

d. Expected Lifespan:

I. PepperBall Launcher – 15 years
II. Live Projectile – 3 years

e. Fiscal Impact:

I. PepperBall Launcher – Estimated between $0 and $1000 annually.

II. Live Projectile – Estimated between $0 and $1000 annually.

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12. Gas Shotgun (Category 14)

a. Quantity, Description, Capabilities, and Purchase Cost:

One (1) Combined Systems LC5 40mm Launching Cup attached to a Remington 870 Shotgun. The LC5 Launching Cups are designed for the 5200 series gas canisters.

The cups can be attached to virtually any 12ga shotgun and the munition launched with a model 2600 launching cartridge. Allows officers to launch canisters of chemical agents or smoke. Cost: $302.

b. Purpose:

Allows SWAT officers to safely and effectively launch CS gas canisters from a distance in situations where lethal force is prohibited or undesirable.

c. Authorized Use:

SWAT Team personnel are authorized to use the gas shotgun after receiving the required training and having shown the ability to utilize the tool safely and competently.

d. Expected Lifespan:
25 years

e. Fiscal Impact:

The ongoing cost for ammunition will vary. Approximately $0 to $50 annually.

13. Projectile Launch platforms and associated munitions – 37mm (Category 14)

a. Quantity, Description, Capabilities, and Purchase Cost:

Eleven (11) 37mm Less Lethal Launchers made by Penn Arms and Sage. These launchers are not firearms, but a less-lethal launching system that use smokeless powder to deliver 37MM projectiles from a safe distance. They fire rubber-tipped kinetic energy baton rounds from a distance of 1 to 100 yards. Cost: $1,795 per launcher and $19.75 per baton round.

b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained. • Potentially vicious animals.
• Training exercises or approved demonstrations.

c. Authorized Use:

Only those officers who have been trained in the use of 37mm launchers are authorized to use them.

d. Expected Lifespan:

I. 37mm Launcher: 15 years
II. 37mm Rubber Munition – 5 years
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e. Fiscal Impact:

Ongoing cost for maintenance and munitions will vary. Approximately $0 to $1,000 annually.

14. Projectile Launch platforms and associated munitions – 40mm (Category 14)

a. Quantity, Description, Capabilities, and Purchase Cost:

Two (2) 40mm Less Lethal Launchers made by Penn Arms. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions as well as chemical agents. Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass filled nylon.

These launchers are lightweight, versatile and used worldwide by police and corrections officers. Cost: $1,000 per launcher.

I. Defense Technology (6323) 40mm Direct Impact inert crushable foam round. Cost: $21.38 per round
II. Defense Technology (6097) Stinger 40mm 60-Caliber Rubber Balls Round. Cost: $25 per round

b. Purpose:

c. Authorized Use:

Only those officers who have been trained in the use of 40mm launchers are authorized to use them.

d. Expected Lifespan:

I. 40mm launcher: 15 years
II. Foam round: 5 years
III. Rubber ball round: 5 years

e. Fiscal Impact:

Ongoing cost for maintenance and munitions will vary. Approximately $0 to $1,000 annually.
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Simi Valley City CouncilApril 25, 2022

Simi Valley City Council
April 25, 2022