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SR 04-26-2022 7D City Council Report City Council Meeting: April 26, 2022 Agenda Item: 7.D 1 of 8 To: Mayor and City Council From: Ramon Batista, Police Chief, Police Department Subject: Introduction and First Reading of an Ordinance Approving the Military Equipment Use Policy Recommended Action Staff recommends that the City Council 1. Introduce for first reading the attached ordinance to approve the military equipment use policy in compliance with Assembly Bill 481. 2. Direct staff to bring the military equipment use policy to the Public Safety Reform and Oversight Commission so that the Commission has an opportunity to provide input before the ordinance approving the military equipment use policy returns to Council. Executive Summary A new California Law, Assembly Bill (AB) 481, requires a law enforcement agency to obtain approval from the applicable governing body (here, the City Council) of its military equipment use policy by ordinance regarding the funding, acquisition, and use of military equipment. (See Attachment A.) AB 481 has designated certain equipment as “military equipment,” regardless of whether it was procured from the military or not. In order to continue to use such equipment acquired prior to January 1, 2022, AB 481 requires the governing body to commence the approval process by May 1, 2022 and adopt the policy within 180 days thereafter. To comply with the requirements of AB 481, staff recommends that Council commence the approval process by conducting a first reading of the attached ordinance approving a military equipment use policy. (See Attachments B, C.) Staff further recommends that Council direct staff to bring the military equipment use policy to the Public Safety 7.D Packet Pg. 2291 2 of 8 Reform and Oversight Commission so that the Commission has an opportunity to provide input before this item returns to Council. Background AB 481 defines “military equipment” to include equipment such as unmanned, remotely piloted, powered aerial or ground vehicles; Humvees; command and control vehicles; breaching apparatuses that are explosive in nature; flashbangs; and firearms and ammunition of .50 caliber or greater. Gov. Code, § 7070(c); see Attachment A (AB 481). It is not necessary for equipment to have been procured from the military in order for it to meet the definition of military equipment. AB 481 defines a “military equipment use policy” as a written document governing the use of military equipment that, at a minimum, addresses the following: “(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, 7.D Packet Pg. 2292 3 of 8 and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.” Gov. Code, § 7070(d). AB 481 requires a law enforcement agency to “commence a governing body approval process” prior to May 1, 2022. If the governing body does not approve and adopt the military equipment use policy within 180 days of when it is first submitted, the law enforcement agency must cease using the military equipment until the policy is approved and the ordinance adopted. AB 481 also requires that any proposed military equipment use policy be made publicly available on the internet website for the law enforcement agency at least 30 days prior to any public hearing concerning the military equipment at issue and for as long as the military equipment is available for use. Gov. Code, § 7071(b), (d)(2). Pursuant to AB 481, Council may only approve the military equipment use policy if it determines that each of the following requirements are met. “(A) The military equipment is necessary because there is no reasonable 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.” 7.D Packet Pg. 2293 4 of 8 Gov. Code, § 7071(d)(1)(A)-(D). If an ordinance approving a military equipment use policy is adopted, AB 481 requires SMPD to submit an annual military equipment report within one year of the policy’s adoption. City Council must then annually review the ordinance and determine whether to renew it and determine whether the use of the military equipment complied with the standards for approval. If there was noncompliance, Council must then either disapprove a renewal of the authorization for that type of equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. Discussion In compliance with AB 481, SMPD drafted Policy 707, Military Equipment. (See Attachment B). This draft policy was publicly posted at https://www.santamonica.gov/ab-481-military-equipment on March 25, 2022, over 30 days before the Council’s consideration of this item. The proposed ordinance (Attachment C) approves Policy 707, as SMPD’s military equipment use policy in compliance with AB 481. The policy provides guidelines for the approval, acquisition, and reporting requirements of military equipment as per Government Code sections 7070 through 7072. It also provides a catalogue of the military equipment in SMPD’s possession, along with the current use, required training, rules governing its use, and cost of each item. The proposed policy also requires the appointment of a designated Military Equipment Coordinator. The proposed policy safeguards the public’s welfare, safety, civil rights, and civil liberties. The policy ensures that there are safeguards, transparency, oversight, and accountability measures in place. For example, in compliance with AB 481, the proposed ordinance and policy requires SMPD to submit a military equipment report to Council within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual military equipment report will also be made 7.D Packet Pg. 2294 5 of 8 publicly available on the Police Department’s website for as long as the military equipment is in use and has obtained necessary approval. As required by AB 481, SMPD will also hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing its annual military equipment report at which the community may discuss and ask questions about the report and SMPD’s funding, acquisition, and use of military equipment. In addition to providing input through public hearings, the policy provides information to members of the public on how to register complaints with SMPD related to its use of military equipment. Given the broad definition of “military equipment” in AB 481, SMPD either utilizes or has in their inventory equipment that meets this definition. Items defined to be “military equipment” in AB 481 are used as part of overall best practices among law enforcement nationally and allow for the safe and timely resolution of dangerous encounters without risking undue harm to the community. No other reasonable alternatives have been identified that will achieve the same objectives of officer and civilian safety. For example, the use of ballistic equipment, less lethal munitions, drone as first responder vehicles (drones), and the like are foundational pieces of equipment used by law enforcement all over the world. Their purpose is to provide officers with more time to deescalate situations and for the development of safer tactical responses in which to resolve life threatening events, which furthers objectives of civilian and officer safety. These are vital to the preservation of public safety and will continue to be regulated through internal processes and oversight. SMPD has remained committed to utilizing contemporary, efficient, and effective tools in the pursuit of safe outcomes. Examples of military equipment described in the policy and their necessary role in achieving civilian and officer safety include the following: • The use of drones provides SMPD the ability to obtain aerial coverage of high-risk locations. This reduces response times to high priority calls and provides officers responding to a location with a holistic view of an incident. Officers responding receive real time information from the drone, which informs SMPD’s resource management and need to escalate or downgrade its response. 7.D Packet Pg. 2295 6 of 8 • The use of armored vehicles provides a level of ballistic protection to both officers and citizens, which is a critical need during rescue type of operations, critical incidents, and other hazardous situations. Ballistic vehicles and equipment allow SMPD to gain greater proximity to a threat, which would not be possible without this equipment. • The mobile command post, known as a command-and-control vehicle, is equipped with essential communication and audio-visual devices that provides SMPD an opportunity to be on scene, work closer to an incident, and leverage resource management. It provides mobility, sheltering, and logistical support. For instance, during the Santa Monica Community College shooting, all mutual aid resources directed to the scene were guided to the mobile command post. All decision making and resource placement was performed from one strategic location. Having a centralized incident command location is crucial to any large- scale incident and having a command-and-control vehicle provides that. • Less lethal munitions are utilized as best practice methods to assist law enforcement personnel in a variety of contexts, including dealing with violent and riotous crowds that demonstrate a risk of physical harm, extracting a suspect from a fixed location, using in a structure where other weapons would not be safe to use. Use of such equipment, when reasonable, provides an alternative option to use of deadly force and allows law enforcement to address a threat from a greater, safer distance. There must be a clear and present danger and need for the use of such munitions. The use of less lethal munitions is highly monitored, and supervisor approval must be obtained before they are deployed. • Flashbangs and breaching tools are used by SMPDs Special Weapons and Tactics (SWAT) unit and require specialized training to be deployed. They are only utilized during high-risk situations and are necessary to distract and divert a suspect’s attention away from officers so that safer access can be gained. They are used to defeat locked, barricaded, or fortified locations which allow officers to conduct rescues or make entry into volatile locations involving a potential kidnapping or active shooter type of incidents. 7.D Packet Pg. 2296 7 of 8 In addition to the equipment described above, SMPD is in possession of two (2) spotting scopes that were obtained through a military surplus program. They are designed to recognize objects at long distances. They hold a higher magnification range and provide a more defined image quality in low light conditions and extreme weather conditions. They increase accuracy in the officer’s target identification and placement resulting in less risk for missed or displaced targets. Should there be a need for a “long rifle team,” typically a SWAT function, the team will consist of a spotter and an operator. The spotter’s function is a major component as they are the “eyes on” providing necessary and critical intelligence to the rifle operator using the spotting scope. Use of this equipment has been activated for major events in the City, such as the Los Angeles Marathon and other high-profile events on the Pier. They remain an integral part of our critical infrastructure protection package, and there is no reasonable alternative that achieves the same objectives of officer and civilian safety. All equipment owned by SMPD that is defined by AB 481 will be managed by the Military Equipment Coordinator who will ensure that all equipment is catalogued annually and will make all necessary reporting and notifications for the Chief, the Council and for the annual community engagement meeting. Should inventory of military equipment run low, pursuant to the policy, SMPD will be allowed to replenish that inventory as is necessary to maintain essential levels for SMPD needs and public safety. Replenishment will not exceed the amount approved by Council and will be documented in the annual report. Anything more than the approved inventory will have to be approved by Council. As described above, the attached proposed ordinance approves the policy, makes the required findings under Government Code section 7071, and requires SMPD to prepare and publish the annual military equipment report. Pursuant to Government Code section 7071(a)(2), Council has a 180-day period from commencing the approval process through this first reading to adopt the ordinance and approve the policy. Staff recommends that Council direct staff to bring the policy to the Public Safety Reform and 7.D Packet Pg. 2297 8 of 8 Oversight Commission so that the Commission has an opportunity to provide input before this item returns to Council. Financial Impacts The financial impacts of the continued use of approved military equipment will vary due to the equipment or replenishment thereof. There are no immediate financial impacts related to the adoption of the ordinance and policy. Prepared By: Belen Sahagun, Executive Administrative Assistant Approved Forwarded to Council Attachments: A. Attachment A - AB481 (2021) B. Attachment B - Military Equipment Use Policy C. Attachment C - Proposed Ordinance Approving Military Equipment Use Policy D. Written Comment 7.D Packet Pg. 2298 Assembly Bill No. 481 CHAPTER 406 An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021.] legislative counsel’s digest AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use. Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow 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. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 7.D.a Packet Pg. 2299 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 92 — 2 — Ch. 406 7.D.a Packet Pg. 2300 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service. SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply: (a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following: (1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department. (3) A district attorney’s office. (4) A county probation department. (c) “Military equipment” means the following: (1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (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. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 — 7.D.a Packet Pg. 2301 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (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. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 — 4 — Ch. 406 7.D.a Packet Pg. 2302 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (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 territorial jurisdiction of the governing body. (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 pursuant to this chapter. (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 by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406 — 5 — 7.D.a Packet Pg. 2303 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) 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 reasonable 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. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406 7.D.a Packet Pg. 2304 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body 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 required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (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. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall 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 military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) 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. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. 92 Ch. 406 — 7 — 7.D.a Packet Pg. 2305 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 — 8 — Ch. 406 7.D.a Packet Pg. 2306 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. O 92 Ch. 406 — 9 — 7.D.a Packet Pg. 2307 Attachment: Attachment A - AB481 (2021) (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment Santa Monica Police Department Santa Monica Police Department Policy Manual 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,” as that term is defined in Government Code section 7070. This policy is provided to fulfill the obligations in Assembly Bill No. 481 (2021). (Government Code § 7070; Government Code § 7071; Government Code § 7072). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding such items. 707.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The City Council. 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 Policy 707 7.D.b Packet Pg. 2308 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. 707.2 POLICY It is the policy of the Santa Monica 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 shall 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 Santa Monica 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) Responding to inquiries from members of the public on the status of any complaint, question, or concern submitted pursuant to Section 707.10 of this Policy and establishing procedures to ensure that the Department responds to such complaints, questions, or concerns in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY Attachment A contains the list of qualifying military equipment for the Department as well as each equipment’s description, purpose and authorized use, fiscal impact, and any required training prior to its use. 707.4.1 MILITARY EQUIPMENT INVENTORY REPLENISHMENT When stocks of military equipment have reached low levels, been exhausted, or deemed unrepairable, the Department may replenish these items to maintain essential availability for the Department’s needs and public safety. Replenishing of military equipment shall not exceed the prior amount approved by the governing body. If replenishment of military equipment occurs, the Department shall document any items replenished in the annual military equipment report. The 7.D.b Packet Pg. 2309 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment Department shall go through the approval process for obtaining military equipment and obtain authorization from the governing body if it wishes to exceed the prior amount of military equipment approved by the governing body. 707.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this 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): (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 Mutual aid and training with other law enforcement agencies is often necessary to ensure public safety. The Santa Monica Police Department may collaborate with another law enforcement agency in the deployment, use, or training of military equipment listed in this policy. All borrowed military equipment from other law enforcement agencies shall be used in accordance with departmental policy, applicable laws, and only by individuals with proper training. Unless an exigent circumstance exists, as described below, military equipment should not be used by members of the Santa Monica Police Department if that equipment has not been approved for use in accordance with this policy. 707.7 USE IN EXIGENT CIRCUMSTANCES In exigent circumstances and with the approval of the Chief of Police or their designee, the Department may acquire, borrow and/or use military equipment that is not included in this policy. If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions: (a) Provide written notice of that acquisition or use to the governing body within 30 days 7.D.b Packet Pg. 2310 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the governing body within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the governing body. (c) Include the military equipment in the Department’s next annual military equipment report. 707.8 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall 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. 707.9 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. 707.10 PUBLIC COMPLAINTS, CONCERNS, AND QUESTIONS The application and use of military equipment may cause questions or concerns for members of the public. It is vitally important that these questions regarding the application and use of military equipment are addressed. The Santa Monica Police Department is committed to full and fair investigation of complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of complaints made by a member of the public. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. All instances of noncompliance will be reported to the governing body via the annual military equipment report. Any member of the public can submit a question, concern, or complaint regarding military use equipment to any member of the Department and in any form (e.g. in person, telephone, email, etc.). If a complaint is received, it shall be routed to the Internal Affairs Unit. Santa Monica Police Department Internal Affairs Unit 333 Olympic Drive Santa Monica, CA. 90401 (310) 458-8495 https://www.santamonica.gov/departments/police 7.D.b Packet Pg. 2311 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 **DRAFT** ATTACHMENT A: SANTA MONICA POLICE DEPARTMENT MILITARY EQUIPMENT INVENTORY LIST1 Unmanned, remotely piloted, powered aerial or ground vehicles: 1. DJI Matrice 300 RTK a. Quantity 2 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years d. Manufacturer Description “The Matrice 300 RTK is DJI’s latest commercial drone platform that takes inspiration from modern aviation systems. Offering up to 55 minutes of flight time, advanced AI capabilities, 6 Directional Sensing & Positioning and more, the M300 RTK sets a whole new standard by combining intelligence with high-performance and unrivaled reliability.” (https://www.dji.com/matrice-300) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the Unmanned Aircraft Systems (UAS). g. Fiscal Impact: a. Initial Cost $14,599 each b. Annual Maintenance Cost Approximately $1,500 each h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It 1 The manufacturer descriptions in this Attachment include citations to publicly accessible website sources. The website source citations utilized herein are for military equipment descriptive purposes only and are not an endorsement by the City of Santa Monica or the Santa Monica Police Department of a particular product or vendor. In addition, the inventory of certain items of consumable military equipment (e.g. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this Attachment reflects approximations of certain consumable items of military equipment at the time of the policy’s publication. 7.D.b Packet Pg. 2312 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 2 **DRAFT** is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 2. DJI Matrice 210 a. Quantity 1 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years (Device no longer in production) d. Manufacturer Description “M200 Series includes a robust FlightAutonomy system with a total of 7 sensors. Its Forward Vision System is capable of detecting obstacles up to 30 meters ahead, while the upward facing infrared sensors can sense obstacles within a 5-meter range. A downward facing vision positioning system enables precision hovering and landing. The main difference between the M200 Series and the rest of the Matrice line of drones is its closed-shell body, which brings added portability, ease-of-use and ruggedness. Additionally, the M210 models can easily accommodate multiple payload configurations, something not previously seen on any drone.” (https://www.dji.com/matrice-200-series/info#faq) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the UAS. g. Fiscal Impact: a. Initial Cost $15,000 b. Annual Maintenance Cost $400 h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 3. DJI Phantom 4 Pro a. Quantity 1 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years 7.D.b Packet Pg. 2313 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 3 **DRAFT** d. Manufacturer Description “The Phantom 4 Pro redefines the iconic Phantom series, bringing imaging and intelligence to new heights. Its uprated camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels, creating dramatically better images. The FlightAutonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The upgraded Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) and also enables you to switch between 2.4GHz and 5.8GHz. It can also be used with an optional integrated monitor for even more reliable transmission. Operators are also further empowered with a new suite of ActiveTrack and TapFly functions. The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.” (https://www.dji.com/phantom-4-pro/info) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the UAS. g. Fiscal Impact: a. Initial Cost $2,000 b. Annual Maintenance Cost Approximately $500 h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 4. DJI Mavic 2 Enterprise a. Quantity 1 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years d. Manufacturer Description “Designed to empower a new generation of workers, the Mavic 2 Enterprise is the ultimate expression of a tool that delivers beyond expectation to meet current workplace challenges and future demands.” (https://www.dji.com/mavic-2-enterprise?site=brandsite&from=nav) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use 7.D.b Packet Pg. 2314 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 4 **DRAFT** Only assigned operators who have completed the required training shall be permitted to operate the UAS. g. Fiscal Impact: a. Initial Cost $2,995 b. Annual Maintenance Cost Approximately $500 h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 5. Transcend Vantage Robot a. Quantity 1 b. Capabilities The robot design allows for two-way communication, remote viewing, and remotely deploy gas or smoke in a target area to promote de-escalation or a tactical advantage for approaching operators. It also has a payload/tow capability which can drag a skid-type stretcher for a citizen/officer rescue or transport up to a 100-pound payload. The robot’s design allows it to ascend and descend stairs, climb walls to look over obstacles, or hang over ledges to look over those obstacles. c. Expected Lifespan 5 years. Dependent on operational usage and wear. d. Manufacturer Description “Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to just figure it out on the first attempt to climb stairs, clothes and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside.” (https://www.transcendrobotics.com) e. Purpose Provide support for law enforcement operations f. Authorized Use The robot is to be used exclusively by the SWAT unit. g. Fiscal Impact: a. Initial Cost $12,421.31 b. Annual Maintenance Cost As needed dependent on use and wear. h. Training Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit. 7.D.b Packet Pg. 2315 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 5 **DRAFT** i. Legal and Procedural Rules It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 6. Transcend Mini Vantage Robot2 a. Quantity 1 b. Capabilities The robot design allows for two-way communication, remote viewing to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to ascend and descend stairs and climb over obstacles. c. Expected Lifespan 5 years. Dependent on operational usage and wear. d. Manufacturer Description “Transcend’s Mini Vantage robot is the world’s only double-patented automatic obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to “just figure it out” on the first attempt run over clothes and junk without the burden of tedious manual controls or worrying about getting stopped by a shoe. This means the Mini Vantage can be used without prior training to enter a house or building to see and learn what’s happening before sending officers inside. This robot is perfect for SWAT operators and patrol officers that need to see what’s around the next two walls before physically going there. The Mini Vantage robot comes fully loaded.” (https://www.transcendrobotics.com/transcendproduct/mini-vantage/) e. Purpose Provide support for law enforcement operations f. Authorized Use The robot is to be used exclusively by the SWAT unit. g. Fiscal Impact: a. Initial Cost No charge. b. Annual Maintenance Cost As needed dependent on use and wear. h. Training Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit. i. Legal and Procedural Rules 2 The Mini Vantage was given to the Santa Monica Police Department by Transcend in 2021. Due to the COVID-19 pandemic, delays were caused in the manufacturing/shipment of the device. The Santa Monica Police Department is still awaiting shipment of the device. 7.D.b Packet Pg. 2316 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 6 **DRAFT** It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 7. RoboteX Avatar Robot a. Quantity 2 b. Capabilities The robot design allows for two-way audio and remote viewing in a target area to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to navigate various terrain including stairs, sand, clothing and grass. c. Expected Lifespan 5 years. Dependent on operational usage and wear. d. Manufacturer Description “The AVATAR® enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. The AVATAR® saves lives by keeping first responders out of harm’s way, and it does so at a fraction of the price of other robots. The AVATAR® Robots are regarded by tactical teams as a standard operational tool, like a firearm, vehicle, or piece of body armor. Departments across the United States and internationally are using the AVATAR® Robots. With the AVATAR®’s market beating affordability and ease-of-use, so can you.” (https://robotex.com/products/avatar-tactical-robot/) e. Purpose Provide support for law enforcement operations. f. Authorized Use The robot is to be used exclusively by the SWAT unit. g. Fiscal Impact: a. Initial Cost $32,400 – Paid for by Urban Areas Security Initiative (UASI) Grant b. Annual Maintenance Cost As needed dependent on use and wear. h. Training Although there is no official training required, department personnel that operate the device train with the SWAT Unit on a bi-weekly basis. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. Armored Personnel Carriers 1. 2017 Ford F550 - Lenco Bearcat a. Quantity 1 b. Capabilities 7.D.b Packet Pg. 2317 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 7 **DRAFT** The BearCat is a large mobile armored vehicle used to conduct rescues, transport personnel and equipment, and provide security to the public. c. Expected Lifespan 10 years. Dependent on operational usage and wear. d. Manufacturer Description “The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government. ” (https://www.lencoarmor.com/model/bearcat-g2-police-government/) e. Purpose Provides armored vehicle response to critical incidents and support for various law enforcement operations. f. Authorized Use 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. g. Fiscal Impact: a. Initial Cost $289,224 b. Annual Maintenance Cost Approximately $3,000 h. Training In-house department training on proper operation. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the Lenco Bearcat for official law enforcement purposes. Command and Control Vehicles 1. 2016 Freightliner M2 – Custom Design by LDV Custom Specialty Vehicles a. Quantity 1 b. Capabilities This vehicle can be utilized for a variety of law enforcement needs to include managing a critical incident or special event, conducting DUI Checkpoints and community outreach events, a mobile sub-station for Officers to complete reports, and recently a backup dispatch center when power to the Public Safety Facility had to be turned off for building maintenance. c. Expected Lifespan 10+ years. Dependent on operational usage and wear. d. Manufacturer Description “Santa Monica Police Department chose a Freightliner M2 conventional cab chassis with three slide out rooms as the platform for their mobile command unit. 7.D.b Packet Pg. 2318 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 8 **DRAFT** It features a 350HP engine and Allison 3000 EVS automatic transmission with PTO provision. The police department chose to incorporate three flat-floor slide- out rooms to increase the interior space of their mobile command center. A large conference room is located in the front with seating for six or more with a Smart overlay that can be easily cordoned off. The access door to the unit is in front of the galley which is home to an electronics racking and cafe style check station. The mobile command center's rear features four large communication workstations. Solid surface countertops have been installed for added durability. The exterior of the vehicle features a weatherproof exterior workstation with A heavy-duty non-locking telescoping pneumatic mast is located on the rear of the vehicle with camera system. HVAC is handled by three low-profile air conditioners and three wall-mount electric heaters. A heavy-duty fully automatic one-touch leveling system ensures the vehicle sits level while at a scene. To provide coverage to those working outside at the exterior workstation or accessing storage compartments, an electric lateral arm awning has been installed.” https://www.ldvusa.com/truck/santa-monica-police-department-mobile-command-unit/ e. Purpose To be used based in the specific circumstances of a given critical incident, large event, natural disaster, or community events. f. Authorized Use As directed by a supervisor or other command post operator. g. Fiscal Impact: a. Initial Cost $623,485 b. Annual Maintenance Cost Approximately $15,000 h. Training California Class B Commercial Driver’s License (CDL) to operate which all candidates must apply for through the Department of Motor Vehicles prior to being scheduled for training. Upon completion of the application, written test, and required medical exam, candidates are assigned to complete a driver training program with certified CDL Instructors at the Big Blue Bus facility. After completing their CDL instruction for a Class B CDL, Air Brakes, and Passenger endorsement, candidates are scheduled to complete their driving test with certified DMV Examiners operating a Big Blue Bus. Upon successful completion on the Big Blue Bus, Licensees then complete a vehicle specific driver’s training and certification on the Mobile Command Post Vehicle as well as the deployment and operation of the onboard equipment. Refresher training on operational equipment is completed with Operators at least once a year or as needed and Operators must complete periodic test drives or deployments to maintain their active status on the Cadre. In addition to training and certification, Operators are mandated as CDL holders to submit to random drug screening tests which are generated by Human Resources on a quarterly basis. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to use the Mobile Command Post (MCP) vehicle only for official law enforcement purposes, and in accordance with California law regarding the operation of motor vehicles. 7.D.b Packet Pg. 2319 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 9 **DRAFT** Breaching apparatuses that are explosive in nature 1. Remington 870 Pump Action Shotgun with Royal Arms Breaching Barrel a. Quantity 4 b. Capabilities This weapon allows for breachers to safely utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges. c. Expected Lifespan No manufacture listed lifespan. Dependent on operation usage and wear. d. Manufacturer Description “The Royal Arms Breaching Stand off Device is purposely made to solve the need of Law Enforcement and Military to Breach Door with the ultimate speed and precision.The Breacher has large aggressive teeth in the muzzle end to bite into the door and grab hard. The Breacher CNC machined by Royal Arms from Solid Bar Stock 4140 Chromoly Steel using state of the art manufacturing techniques. We then heat treat and give it a super durable Black Nitride finish. The result is a superior product with enhanced technical capabilities. Which in turn offers Law Enforcement, Military, and discerning individuals the ultimate tactical advantage in the field for all operators and at a reasonable price. Make this you First or Last Breacher you will ever own.” (https://royalarms.com/shop/royal-arms-breaching-barrel-door-breacher/) e. Purpose Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use Breaching shotguns are to be used exclusively by trained members of the SWAT Unit. g. Fiscal Impact: a. Initial Cost $500 b. Annual Maintenance Cost Dependent on usage and wear. h. Training 40 hour Commission on Peace Officer Standards and Training (POST) certified breaching class in order to properly use the specialized weapon/ammunition. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531. 2. Royal Arms 12 gauge breaching rounds a. Quantity 100 b. Capabilities Used to defeat locks, deadbolts, and hinges c. Expected Lifespan No manufacture listed lifespan. Dependent on operational usage. d. Manufacturer Description 7.D.b Packet Pg. 2320 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 10 **DRAFT** Ammunition is frangible and will break into a powder form upon impact with a solid object. It is designed to be fired point blank against solid objects. https://royalarms.com/product-category/breachingammo/ e. Purpose Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use Breaching ammunition are to be used exclusively by trained members of the SWAT Unit g. Fiscal Impact: a. Initial Cost $50 for 5 rounds b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training 40 hour POST certified breaching class in order to properly use the specialized weapon/ammunition. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531. Flashbangs, Chemical Agents, Chemical Agent Delivery Devices, and Pepper Ball Launchers 1. Combined Tactical Systems (CTS) 7290 Flash-Bang a. Quantity 75 b. Capabilities A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “7290 -The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces an 175db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Flash Bangs are used by special tactical units during hostage rescue and high-risk warrants. It is an ATF-controlled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals.” https://www.combinedsystems.com/product/7290-flash-bang-steel-body-priced-individually-must-order-in-quantities-of-12/ e. Purpose A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. 7.D.b Packet Pg. 2321 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 11 **DRAFT** f. Authorized Use Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact: a. Initial Cost $52 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training 80 hour POST approved SWAT school. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law. 2. Combined Tactical Systems (CTS) 7290M Mini-Bang3 a. Quantity 100 b. Capabilities A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “7290M – The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of it’s larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” https://www.combinedsystems.com/product/7290m-mini-bang-steel-body-priced-individually-must-order-in-quantities-of-12/ e. Purpose A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. f. Authorized Use Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact: a. Initial Cost $38 each b. Annual Maintenance Cost 3 The CTS 7290M Mini-Bang devices were purchased by the Santa Monica Police Department in December 2021. Due to the COVID-19 pandemic, however, the shipment of the devices was delayed and are currently not in the Santa Monica Police Department’s possession. 7.D.b Packet Pg. 2322 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 12 **DRAFT** As needed to replenish rounds used for incidents and training. h. Training 80 hour POST approved SWAT school. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law. 3. Combined Tactical Systems (CTS) 9230 CS Sting-Ball Grenade a. Quantity 150 b. Capabilities Designed to emit loud noise, bright light, and rubber projectiles. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched.” https://www.combinedsystems.com/product/9230-cs-jet-lite-rubber-ball-grenade- pyro/ e. Purpose Sting-Ball grenade can be used in high-risk tactical operations when confronting potentially armed, knowingly armed, or violent suspects. They can also be used during high-risk warrants, hostage rescue incidents, and in limited instances during mobile field force incidents to provide an added degree of officer safety when being confronted by violent and/or armed subjects. f. Authorized Use Sting-Ball grenades are primarily used by the SWAT Unit and Mobile Field Force (MFF) but can also be used by department trained and qualified members at the direction of a supervisor. g. Fiscal Impact: a. Initial Cost $51 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sting-Ball grenades shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies. 4. Sage HTM66/3PCS CS and Smoke (hand-toss munitions) a. Quantity 48 b. Capabilities 7.D.b Packet Pg. 2323 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 13 **DRAFT** Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “The SAGE 66MM Tri-Canister is a separating continuous discharge pyrotechnic munition available in white screening smoke or in CS irritant smoke. It consists of three separate canisters pressed together with internal separating charges. Upon deployment the canisters separate and land roughly 25 feet apart allowing for a greater area of coverage. This munition can be hand thrown or launched from a fired delivery system. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/HTM66-3P.html e. Purpose To safely resolve critical situations such as violent civil unrest and high-risk tactical operations. f. Authorized Use Sage CS and Smoke canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: a. Initial Cost $25-$50 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage CS and smoke shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 5. Defense Technology Chemical Agent (CS) canisters Han-Ball, Triple Chaser, Spede-Heat, Riot Control, Pocket Tactical, Instantaneous Blast, Tri-Chamber a. Quantity 32 b. Capabilities Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.https://www.defense-technology.com/product/han-ball-grenade-cs/ 7.D.b Packet Pg. 2324 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 14 **DRAFT** The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. https://www.defense-technology.com/product/triple-chaser-separating-canister-cs/ The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. https://www.defense-technology.com/product/spede-heat-continuous-discharge-chemical-grenade-cs/ The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. https://www.defense-technology.com/product/riot-control-continuous-discharge-grenade-cs/ The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. https://www.defense-technology.com/product/pocket-tactical-grenade-cs/ The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. this device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind to the advantage. This 6.12 in. by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent. https://www.defense-technology.com/product/instantaneous-blast-cs-grenade/ The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to 7.D.b Packet Pg. 2325 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 15 **DRAFT** minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. https://www.defense-technology.com/product/flameless-tri-chamber-cs-grenade/ e. Purpose To safely resolve critical situations such as violent civil unrest and high-risk tactical operations. f. Authorized Use Defense Technology CS canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: a. Initial Cost $25-$50 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Defense Technology CS canisters shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 6. PepperBall VKS, FTC, TAC-700 Launchers and PepperBall Projectiles a. Quantity 7 VKS 2 FTC 5 TAC-700 (No longer in production or serviceable) 2000 rounds of PepperBall projectiles b. Capabilities Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s). Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments. c. Expected Lifespan PepperBall launcher - No manufacture listed lifespan. Dependent on operational usage and wear. PepperBall projectiles – Shelf life of 3 years. d. Manufacturer Description “PepperBall launchers are designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the PepperBall system offers flexibility, safety and security, all within one platform. Launchers range from a compact lightweight 7.D.b Packet Pg. 2326 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 16 **DRAFT** hand-held style that fits on a standard duty belt to a longer barreled shoulder-mounted launcher with greater range and projectile capacity. Each launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air powering the launch of projectiles. PepperBall launchers are not classified as firearms.” “The heart of the PepperBall system is the patented PepperBall projectile, a hard plastic frangible sphere that is designed to burst upon impact. The gold standard in the industry, PepperBall projectiles are more accurate, more consistent and disperse a larger cloud than competitive offerings. Over a dozen types of projectiles are available with multiple payload options, PAVA concentrations and manufacturing processes.” https://pepperball.com/ e. Purpose De-escalation tool to safely resolve critical situations and not likely to inflict serious injury. f. Authorized Use PepperBall launchers and PepperBall projectiles are to only be used by department trained personnel at the direction of a supervisor g. Fiscal Impact: a. Initial Cost VKS - $1,300 each FTC - $600 each TAC-700 - $250 each PepperBall projectiles - $360 for every 90 rounds b. Annual Maintenance Cost Based on usage and wear, and as needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules PepperBall launchers and projectiles shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. Projectile Launch Platforms and their associated munitions 1. AMTEC Single Tube 40mm NATO Launcher a. Quantity 4 b. Capabilities 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds. c. Expected Lifespan Lifespan varies on operational usage and wear. d. Manufacturer Description Produced by Lewis Machine & Tool, the 37LMTS and 40LMTS are the lightest weight single shot tactical launchers produced. The launchers feature an expandable Gen2 Stock and an adjustable Integrated Front Grip (IFG) with light rail, for added mission adaptability, and an improvement on previous models. Both systems also feature an ambidextrous Lateral Sling Mount (LSM), allowing 7.D.b Packet Pg. 2327 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 17 **DRAFT** for a single or two point sling attachment. The Picatinny rail mounting systems accept a wide variety of enhanced optics/sighting systems. The 40LMTS will fire standard less-lethal ammunition up to 4.8 inches in cartridge length, and most low and medium velocity 40mm ammunition. e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use AMTECT 40mm launchers are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $900 each ii. Annual Maintenance Cost As needed based on operation usage and wear h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. Continual annual department training. i. Legal and Procedural Rules AMTEC 40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 2. Sage Deuce 37mm and 40mm NATO Launcher a. Quantity 37 (30 – 37mm and 7 – 40mm) *It should be noted that 5 of the 40mm launchers are awaiting shipment to the Santa Monica Police Department. These 5 devices were purchased prior to January 1, 2022. b. Capabilities 37mm/40mm launchers can deliver 37mm/40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds. c. Expected Lifespan Lifespan varies on operational usage and wear. d. Manufacturer Description None - http://www.sageinternationalltd.com/SCOI/DeuceSTD40.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage 37mm and 40mm can be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $1,600 each ii. Annual Maintenance Cost As needed based on operation usage and wear h. Training 7.D.b Packet Pg. 2328 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 18 **DRAFT** POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage 37mm/40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 3. Sage KO1 Impact Baton a. Quantity 500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO1 is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in either standard energy or less- energy variations. The KO1 is reloadable and is available with smokeless or black powder blended propelling charges to provide law enforcement with affordable realistic training capabilities.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO1 can be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. j. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. k. Legal and Procedural Rules Sage KO1 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 4. Sage KO2 CS Smoke a. Quantity 60 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening 7.D.b Packet Pg. 2329 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 19 **DRAFT** behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The K02 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. In a single source configuration the KO2 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration. Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO2 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO2 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 5. Sage K03 Crush Nose Baton a. Quantity 41 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO3 is a direct fire crush nose chemical impact baton round that is designed to be used in situations where a combination of kinetic energy and chemical agents is preferred for the incapacitation of hostile and/or non- compliant individuals. 7.D.b Packet Pg. 2330 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 20 **DRAFT** Upon impact the KO3 projectile imparts blunt trauma and additionally releases a micro-pulverized CS or OC powder payload as the baton nose is crushed.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high- risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO3 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO3 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 6. Sage K04 Screening Smoke a. Quantity 112 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO4 is a pyrotechnic colored screening smoke munition primarily used for crowd management situations. It is designed to be used for screening operations or for color signaling and marking. Offered in a short, mid, and long range variations, the KO4 allows the operator the ability to accurately place screening smoke at varying distances. Additionally the KO4 is available in a variety of colors to provide better screening capabilities during operations. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO4 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. 7.D.b Packet Pg. 2331 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 21 **DRAFT** g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO4 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies. 7. Sage K06 Muzzle Blast a. Quantity 500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO6 is a non-pyrotechnic chemical muzzle blast munition primarily used for tactical crowd management or close quarter situations. It is designed to deny entry into sensitive areas or relocate and disperse unruly groups or hostile intruders by delivering a cloud of chemical laden powder immediately upon firing. The KO6 is offered in CS, OC, or practice powder variations. As a non-pyrotechnic munition the KO6 can be utilized both indoors and outdoors as a chemical compliance device.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high- risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO6 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. l. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. m. Legal and Procedural Rules 7.D.b Packet Pg. 2332 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 22 **DRAFT** Sage KO6 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 8. Sage K07 Multi-Area Impact a. Quantity 1,500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO7 is a multi-area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds. Available with either .60caliber or .32 caliber synthetic balls or multiple batons, the KO7 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO7 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO7 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 9. Sage K08 Soft-Tip Impact Baton a. Quantity 500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening 7.D.b Packet Pg. 2333 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 23 **DRAFT** behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO8 is a direct fire super soft tip impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in either standard energy or less-energy variations. The KO8 is manufactured with smokeless or black powder blended propelling charges to provide the most accuracy, stabilization and easy clean up.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO8 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO8 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 10. Sage KO42 CS Smoke a. Quantity 220 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO42 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. 7.D.b Packet Pg. 2334 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 24 **DRAFT** In a single source configuration the KO42 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration. Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO42 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO42 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 11. Sage KO47 Multi-Area Impact a. Quantity 225 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO47 is a multi-projectile area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds. Available with either .60 caliber or .32 caliber hard synthetic balls or multiple batons, the KO47 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use 7.D.b Packet Pg. 2335 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 25 **DRAFT** Sage KO47 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO47 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 12. Sage KO48 Soft-Tip Impact Baton a. Quantity 225 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO48 cartridge fires a highly accurate direct fire soft tip impact baton projectile that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in standard, mid-range and less-energy variations. The KO48 is manufactured with smokeless propelling charges to provide the most accurate, stabilization and easy clean up.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO48 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. 7.D.b Packet Pg. 2336 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 26 **DRAFT** i. Legal and Procedural Rules Sage KO48 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 13. Sage BP5 Barricade Penetrating a. Quantity 208 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The BP5 is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm launcher. The BP5 achieves superior accuracy and penetration through a combination of barrel rifling and projectile design. The projectile is made of frangible plastic and is filled with a micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors, and other barriers. The micro-pulverized powder payload is released upon impact.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage BP5 are to be used only by the SWAT Unit. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage BP5 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. Night Vision Equipment 1. Night Vision Goggles - AN/PVS-21 and AN/PVS-7C a. Quantity AN/PVS-21 – 5 AN/PVS-7C – 5 b. Capabilities 7.D.b Packet Pg. 2337 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 27 **DRAFT** Night vision goggles (NVG) is an optoelectronic device that allows images to be produced in low levels of light approaching total darkness. The use of this equipment allows a tactical advantage for officers especially when operating in low light or dark environments. c. Expected Lifespan Devices are provided to the Santa Monica Police Department from the U.S. Navy on a re-occurring one year lease. d. Manufacturer Description Unknown e. Purpose The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having NVG’s allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVG’s is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments. f. Authorized Use NVG’s are authorized for use by the SWAT Unit g. Fiscal Impact: a. Initial Cost $3,000 yearly lease from the U.S. Navy b. Annual Maintenance Cost None – Covered by lease agreement h. Training SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVG’s. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize NVG’s for official law enforcement purposes and in accordance with state and federal law. 2. Thermal Weapon Sight - AN/PAS-13D (V) 3 a. Quantity 2 b. Capabilities Thermal sights on weapons see heat. This has advantages in complete darkness, or in the presence of obscurants like dust, smoke, etc. because they can still pick out humans and vehicles. Using deep infrared viewers also avoids “blooms” or whiteouts if someone flashes a bright light source like a flashlight at the operator of the device. Can be mounted on a weapon or used hand-held. c. Expected Lifespan Devices are on loan to the Santa Monica Police Department from the U.S. Military through the Federal Defense Logistics Agency (DLA). d. Manufacturer Description Unknown e. Purpose The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having thermal sights allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of thermal sights is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments. 7.D.b Packet Pg. 2338 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 28 **DRAFT** f. Authorized Use Thermal weapon sights are authorized for use by the SWAT Unit g. Fiscal Impact: a. Initial Cost No cost - On loan b. Annual Maintenance Cost None – Covered by loan agreement h. Training SWAT Officers maintain proficiency by continual training and annual weapons qualifications with thermal weapon sights. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize thermal weapon sights for official law enforcement purposes and in accordance with state and federal law. 7.D.b Packet Pg. 2339 Attachment: Attachment B - Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 City Council Meeting April 26, 2022 Santa Monica, California ORDINANCE NUMBER ____ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, codified in California Government Code sections 7070 et seq., relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the law enforcement agency’s use of such equipment; and WHEREAS, AB 481 requires that the military equipment use policy be approved by the governing body by ordinance and reviewed annually; and 7.D.c Packet Pg. 2340 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 2 WHEREAS, AB 481 provides that in order for a law enforcement agency to continue to use any military equipment acquired prior to January 1 2021, the governing body must commence the approval process of a military equipment use policy prior to May 1, 2022 and approve such a policy within 180 days of its submission to the governing body; and WHEREAS, the Santa Monica Police Department is in possession of certain items of equipment that qualify as “military equipment” as defined by AB 481; and WHEREAS, Government Code Section 7071(b) requires that the Santa Monica Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council, at least 30 days prior to any public hearing concerning the policy; and WHEREAS, on March 25, 2022, the Santa Monica Police Department posted its draft Military Equipment Use Policy to its public website, thereby complying with the 30- day posting requirement prior to a public hearing before City Council on April 26, 2022; and WHEREAS, the City Council of the City of Santa Monica, having received the information required under AB 481 regarding the Santa Monica Police Department’s use of military equipment as defined by that law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. As used in this Ordinance, the following terms have the following meanings. 7.D.c Packet Pg. 2341 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 3 (A) “Governing body” means the means the elected body that oversees the Police Department, which, here, is City Council of the City of Santa Monica. (B) “Military equipment” has the same meaning as that term is defined by Government Code section 7070(c) and includes all of the following: (1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (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. However, items designed to remove a lock, 7.D.c Packet Pg. 2342 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 4 such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (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. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. 7.D.c Packet Pg. 2343 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 5 (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (C) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of 7.D.c Packet Pg. 2344 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 6 military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (D) “Police Department” means any division, section, bureau, employee, volunteer or contractor of the Santa Monica Police Department. (E) “Policy 707” means the Police Department’s Policy 707 Military Equipment, attached hereto as Exhibit 1. (F) “Type” means each item that shares the same manufacturer model number. SECTION 2. DETERMINATIONS; FINDINGS (A) Policy 707 satisfies the requirements of a military equipment use policy, as defined in Section 1(C) above and Government Code section 7070(d). 7.D.c Packet Pg. 2345 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 7 (B) Having considered Policy 707 and the information provided to the City Council at the public hearing, the City Council makes the following determinations required by Government Code 7071(d)(1): (1) The military equipment inventoried and presented to City Council through Policy 707 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) Policy 707 will safeguard the public’s welfare, safety, civil rights, and civil liberties. (3) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) 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. SECTION 3. APPROVAL; REVIEW (A) The City Council approves Policy 707. (B) Policy 707 shall remain publicly available on the Police Department’s website for as long as the military equipment is available for use. 7.D.c Packet Pg. 2346 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 8 (C) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code section 7071. SECTION 4. ANNUAL REPORTS ON THE USE OF MILITARY EQUIPMENT (A) The Police Department shall submit a military equipment report to the City Council on an annual basis, containing the information required by and in accordance with Government Code Section 7072. (B) The Police Department shall make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. (C) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department shall 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 military equipment report and the Police Department’s funding, acquisition, or use of military equipment. (D) The City Council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section 2(B) above and Government Code section 7071(d). If the City Council determines that a type of military equipment identified in the annual military equipment report has not complied with the standards for approval set forth in Section 2(B) above and Government 7.D.c Packet Pg. 2347 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 9 Code section 7071(d), the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to Policy 707 in a manner that will resolve the lack of compliance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _________________________ Susan Y. Cola Interim City Attorney 7.D.c Packet Pg. 2348 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) EXHIBIT 1 7.D.c Packet Pg. 2349 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment Santa Monica Police Department Santa Monica Police Department Policy Manual 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,” as that term is defined in Government Code section 7070. This policy is provided to fulfill the obligations in Assembly Bill No. 481 (2021). (Government Code § 7070; Government Code § 7071; Government Code § 7072). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding such items. 707.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The City Council. 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 Policy 707 7.D.c Packet Pg. 2350 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. 707.2 POLICY It is the policy of the Santa Monica 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 shall 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 Santa Monica 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) Responding to inquiries from members of the public on the status of any complaint, question, or concern submitted pursuant to Section 707.10 of this Policy and establishing procedures to ensure that the Department responds to such complaints, questions, or concerns in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY Attachment A contains the list of qualifying military equipment for the Department as well as each equipment’s description, purpose and authorized use, fiscal impact, and any required training prior to its use. 707.4.1 MILITARY EQUIPMENT INVENTORY REPLENISHMENT When stocks of military equipment have reached low levels, been exhausted, or deemed unrepairable, the Department may replenish these items to maintain essential availability for the Department’s needs and public safety. Replenishing of military equipment shall not exceed the prior amount approved by the governing body. If replenishment of military equipment occurs, the Department shall document any items replenished in the annual military equipment report. The 7.D.c Packet Pg. 2351 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment Department shall go through the approval process for obtaining military equipment and obtain authorization from the governing body if it wishes to exceed the prior amount of military equipment approved by the governing body. 707.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this 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): (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 Mutual aid and training with other law enforcement agencies is often necessary to ensure public safety. The Santa Monica Police Department may collaborate with another law enforcement agency in the deployment, use, or training of military equipment listed in this policy. All borrowed military equipment from other law enforcement agencies shall be used in accordance with departmental policy, applicable laws, and only by individuals with proper training. Unless an exigent circumstance exists, as described below, military equipment should not be used by members of the Santa Monica Police Department if that equipment has not been approved for use in accordance with this policy. 707.7 USE IN EXIGENT CIRCUMSTANCES In exigent circumstances and with the approval of the Chief of Police or their designee, the Department may acquire, borrow and/or use military equipment that is not included in this policy. If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions: (a) Provide written notice of that acquisition or use to the governing body within 30 days 7.D.c Packet Pg. 2352 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) Santa Monica Police Department Santa Monica Police Department Policy Manual Military Equipment following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the governing body within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the governing body. (c) Include the military equipment in the Department’s next annual military equipment report. 707.8 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall 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. 707.9 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. 707.10 PUBLIC COMPLAINTS, CONCERNS, AND QUESTIONS The application and use of military equipment may cause questions or concerns for members of the public. It is vitally important that these questions regarding the application and use of military equipment are addressed. The Santa Monica Police Department is committed to full and fair investigation of complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of complaints made by a member of the public. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. All instances of noncompliance will be reported to the governing body via the annual military equipment report. Any member of the public can submit a question, concern, or complaint regarding military use equipment to any member of the Department and in any form (e.g. in person, telephone, email, etc.). If a complaint is received, it shall be routed to the Internal Affairs Unit. Santa Monica Police Department Internal Affairs Unit 333 Olympic Drive Santa Monica, CA. 90401 (310) 458-8495 https://www.santamonica.gov/departments/police 7.D.c Packet Pg. 2353 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 **DRAFT** ATTACHMENT A: SANTA MONICA POLICE DEPARTMENT MILITARY EQUIPMENT INVENTORY LIST1 Unmanned, remotely piloted, powered aerial or ground vehicles: 1. DJI Matrice 300 RTK a. Quantity 2 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years d. Manufacturer Description “The Matrice 300 RTK is DJI’s latest commercial drone platform that takes inspiration from modern aviation systems. Offering up to 55 minutes of flight time, advanced AI capabilities, 6 Directional Sensing & Positioning and more, the M300 RTK sets a whole new standard by combining intelligence with high-performance and unrivaled reliability.” (https://www.dji.com/matrice-300) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the Unmanned Aircraft Systems (UAS). g. Fiscal Impact: a. Initial Cost $14,599 each b. Annual Maintenance Cost Approximately $1,500 each h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It 1 The manufacturer descriptions in this Attachment include citations to publicly accessible website sources. The website source citations utilized herein are for military equipment descriptive purposes only and are not an endorsement by the City of Santa Monica or the Santa Monica Police Department of a particular product or vendor. In addition, the inventory of certain items of consumable military equipment (e.g. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this Attachment reflects approximations of certain consumable items of military equipment at the time of the policy’s publication. 7.D.c Packet Pg. 2354 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 2 **DRAFT** is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 2. DJI Matrice 210 a. Quantity 1 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years (Device no longer in production) d. Manufacturer Description “M200 Series includes a robust FlightAutonomy system with a total of 7 sensors. Its Forward Vision System is capable of detecting obstacles up to 30 meters ahead, while the upward facing infrared sensors can sense obstacles within a 5-meter range. A downward facing vision positioning system enables precision hovering and landing. The main difference between the M200 Series and the rest of the Matrice line of drones is its closed-shell body, which brings added portability, ease-of-use and ruggedness. Additionally, the M210 models can easily accommodate multiple payload configurations, something not previously seen on any drone.” (https://www.dji.com/matrice-200-series/info#faq) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the UAS. g. Fiscal Impact: a. Initial Cost $15,000 b. Annual Maintenance Cost $400 h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 3. DJI Phantom 4 Pro a. Quantity 1 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years 7.D.c Packet Pg. 2355 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 3 **DRAFT** d. Manufacturer Description “The Phantom 4 Pro redefines the iconic Phantom series, bringing imaging and intelligence to new heights. Its uprated camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels, creating dramatically better images. The FlightAutonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The upgraded Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) and also enables you to switch between 2.4GHz and 5.8GHz. It can also be used with an optional integrated monitor for even more reliable transmission. Operators are also further empowered with a new suite of ActiveTrack and TapFly functions. The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.” (https://www.dji.com/phantom-4-pro/info) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use Only assigned operators who have completed the required training shall be permitted to operate the UAS. g. Fiscal Impact: a. Initial Cost $2,000 b. Annual Maintenance Cost Approximately $500 h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 4. DJI Mavic 2 Enterprise a. Quantity 1 b. Capabilities Fly, hover, broadcast video, record video, photography, FLIR c. Expected Lifespan Approximately 4 years d. Manufacturer Description “Designed to empower a new generation of workers, the Mavic 2 Enterprise is the ultimate expression of a tool that delivers beyond expectation to meet current workplace challenges and future demands.” (https://www.dji.com/mavic-2-enterprise?site=brandsite&from=nav) e. Purpose Provide aerial support for law enforcement operations f. Authorized Use 7.D.c Packet Pg. 2356 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 4 **DRAFT** Only assigned operators who have completed the required training shall be permitted to operate the UAS. g. Fiscal Impact: a. Initial Cost $2,995 b. Annual Maintenance Cost Approximately $500 h. Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must qualify at quarterly training. i. Legal and Procedural Rules Use is established under FAA Regulation 14 CFR Part 107, Certificate of Waiver or Authorization (COA), and the Santa Monica Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 5. Transcend Vantage Robot a. Quantity 1 b. Capabilities The robot design allows for two-way communication, remote viewing, and remotely deploy gas or smoke in a target area to promote de-escalation or a tactical advantage for approaching operators. It also has a payload/tow capability which can drag a skid-type stretcher for a citizen/officer rescue or transport up to a 100-pound payload. The robot’s design allows it to ascend and descend stairs, climb walls to look over obstacles, or hang over ledges to look over those obstacles. c. Expected Lifespan 5 years. Dependent on operational usage and wear. d. Manufacturer Description “Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to just figure it out on the first attempt to climb stairs, clothes and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside.” (https://www.transcendrobotics.com) e. Purpose Provide support for law enforcement operations f. Authorized Use The robot is to be used exclusively by the SWAT unit. g. Fiscal Impact: a. Initial Cost $12,421.31 b. Annual Maintenance Cost As needed dependent on use and wear. h. Training Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit. 7.D.c Packet Pg. 2357 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 5 **DRAFT** i. Legal and Procedural Rules It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 6. Transcend Mini Vantage Robot2 a. Quantity 1 b. Capabilities The robot design allows for two-way communication, remote viewing to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to ascend and descend stairs and climb over obstacles. c. Expected Lifespan 5 years. Dependent on operational usage and wear. d. Manufacturer Description “Transcend’s Mini Vantage robot is the world’s only double-patented automatic obstacle climbing robot for First Responders. It’s the only option for First Responders that want their robot to “just figure it out” on the first attempt run over clothes and junk without the burden of tedious manual controls or worrying about getting stopped by a shoe. This means the Mini Vantage can be used without prior training to enter a house or building to see and learn what’s happening before sending officers inside. This robot is perfect for SWAT operators and patrol officers that need to see what’s around the next two walls before physically going there. The Mini Vantage robot comes fully loaded.” (https://www.transcendrobotics.com/transcendproduct/mini-vantage/) e. Purpose Provide support for law enforcement operations f. Authorized Use The robot is to be used exclusively by the SWAT unit. g. Fiscal Impact: a. Initial Cost No charge. b. Annual Maintenance Cost As needed dependent on use and wear. h. Training Although there is no official training required, department personnel that operate the device regularly train with the SWAT Unit. i. Legal and Procedural Rules 2 The Mini Vantage was given to the Santa Monica Police Department by Transcend in 2021. Due to the COVID-19 pandemic, delays were caused in the manufacturing/shipment of the device. The Santa Monica Police Department is still awaiting shipment of the device. 7.D.c Packet Pg. 2358 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 6 **DRAFT** It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. 7. RoboteX Avatar Robot a. Quantity 2 b. Capabilities The robot design allows for two-way audio and remote viewing in a target area to promote de-escalation or a tactical advantage for approaching operators. The robot’s design allows it to navigate various terrain including stairs, sand, clothing and grass. c. Expected Lifespan 5 years. Dependent on operational usage and wear. d. Manufacturer Description “The AVATAR® enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations, there is no longer a need to send personnel in before you’ve had a chance to assess the situation. The AVATAR® saves lives by keeping first responders out of harm’s way, and it does so at a fraction of the price of other robots. The AVATAR® Robots are regarded by tactical teams as a standard operational tool, like a firearm, vehicle, or piece of body armor. Departments across the United States and internationally are using the AVATAR® Robots. With the AVATAR®’s market beating affordability and ease-of-use, so can you.” (https://robotex.com/products/avatar-tactical-robot/) e. Purpose Provide support for law enforcement operations. f. Authorized Use The robot is to be used exclusively by the SWAT unit. g. Fiscal Impact: a. Initial Cost $32,400 – Paid for by Urban Areas Security Initiative (UASI) Grant b. Annual Maintenance Cost As needed dependent on use and wear. h. Training Although there is no official training required, department personnel that operate the device train with the SWAT Unit on a bi-weekly basis. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the robot for official law enforcement purposes, and in a manner that respects the reasonable expectation of privacy, pursuant to state and federal law. Armored Personnel Carriers 1. 2017 Ford F550 - Lenco Bearcat a. Quantity 1 b. Capabilities 7.D.c Packet Pg. 2359 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 7 **DRAFT** The BearCat is a large mobile armored vehicle used to conduct rescues, transport personnel and equipment, and provide security to the public. c. Expected Lifespan 10 years. Dependent on operational usage and wear. d. Manufacturer Description “The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government. ” (https://www.lencoarmor.com/model/bearcat-g2-police-government/) e. Purpose Provides armored vehicle response to critical incidents and support for various law enforcement operations. f. Authorized Use 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. g. Fiscal Impact: a. Initial Cost $289,224 b. Annual Maintenance Cost Approximately $3,000 h. Training In-house department training on proper operation. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the Lenco Bearcat for official law enforcement purposes. Command and Control Vehicles 1. 2016 Freightliner M2 – Custom Design by LDV Custom Specialty Vehicles a. Quantity 1 b. Capabilities This vehicle can be utilized for a variety of law enforcement needs to include managing a critical incident or special event, conducting DUI Checkpoints and community outreach events, a mobile sub-station for Officers to complete reports, and recently a backup dispatch center when power to the Public Safety Facility had to be turned off for building maintenance. c. Expected Lifespan 10+ years. Dependent on operational usage and wear. d. Manufacturer Description “Santa Monica Police Department chose a Freightliner M2 conventional cab chassis with three slide out rooms as the platform for their mobile command unit. 7.D.c Packet Pg. 2360 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 8 **DRAFT** It features a 350HP engine and Allison 3000 EVS automatic transmission with PTO provision. The police department chose to incorporate three flat-floor slide- out rooms to increase the interior space of their mobile command center. A large conference room is located in the front with seating for six or more with a Smart overlay that can be easily cordoned off. The access door to the unit is in front of the galley which is home to an electronics racking and cafe style check station. The mobile command center's rear features four large communication workstations. Solid surface countertops have been installed for added durability. The exterior of the vehicle features a weatherproof exterior workstation with A heavy-duty non-locking telescoping pneumatic mast is located on the rear of the vehicle with camera system. HVAC is handled by three low-profile air conditioners and three wall-mount electric heaters. A heavy-duty fully automatic one-touch leveling system ensures the vehicle sits level while at a scene. To provide coverage to those working outside at the exterior workstation or accessing storage compartments, an electric lateral arm awning has been installed.” https://www.ldvusa.com/truck/santa-monica-police-department-mobile-command-unit/ e. Purpose To be used based in the specific circumstances of a given critical incident, large event, natural disaster, or community events. f. Authorized Use As directed by a supervisor or other command post operator. g. Fiscal Impact: a. Initial Cost $623,485 b. Annual Maintenance Cost Approximately $15,000 h. Training California Class B Commercial Driver’s License (CDL) to operate which all candidates must apply for through the Department of Motor Vehicles prior to being scheduled for training. Upon completion of the application, written test, and required medical exam, candidates are assigned to complete a driver training program with certified CDL Instructors at the Big Blue Bus facility. After completing their CDL instruction for a Class B CDL, Air Brakes, and Passenger endorsement, candidates are scheduled to complete their driving test with certified DMV Examiners operating a Big Blue Bus. Upon successful completion on the Big Blue Bus, Licensees then complete a vehicle specific driver’s training and certification on the Mobile Command Post Vehicle as well as the deployment and operation of the onboard equipment. Refresher training on operational equipment is completed with Operators at least once a year or as needed and Operators must complete periodic test drives or deployments to maintain their active status on the Cadre. In addition to training and certification, Operators are mandated as CDL holders to submit to random drug screening tests which are generated by Human Resources on a quarterly basis. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to use the Mobile Command Post (MCP) vehicle only for official law enforcement purposes, and in accordance with California law regarding the operation of motor vehicles. 7.D.c Packet Pg. 2361 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 9 **DRAFT** Breaching apparatuses that are explosive in nature 1. Remington 870 Pump Action Shotgun with Royal Arms Breaching Barrel a. Quantity 4 b. Capabilities This weapon allows for breachers to safely utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges. c. Expected Lifespan No manufacture listed lifespan. Dependent on operation usage and wear. d. Manufacturer Description “The Royal Arms Breaching Stand off Device is purposely made to solve the need of Law Enforcement and Military to Breach Door with the ultimate speed and precision.The Breacher has large aggressive teeth in the muzzle end to bite into the door and grab hard. The Breacher CNC machined by Royal Arms from Solid Bar Stock 4140 Chromoly Steel using state of the art manufacturing techniques. We then heat treat and give it a super durable Black Nitride finish. The result is a superior product with enhanced technical capabilities. Which in turn offers Law Enforcement, Military, and discerning individuals the ultimate tactical advantage in the field for all operators and at a reasonable price. Make this you First or Last Breacher you will ever own.” (https://royalarms.com/shop/royal-arms-breaching-barrel-door-breacher/) e. Purpose Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use Breaching shotguns are to be used exclusively by trained members of the SWAT Unit. g. Fiscal Impact: a. Initial Cost $500 b. Annual Maintenance Cost Dependent on usage and wear. h. Training 40 hour Commission on Peace Officer Standards and Training (POST) certified breaching class in order to properly use the specialized weapon/ammunition. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531. 2. Royal Arms 12 gauge breaching rounds a. Quantity 100 b. Capabilities Used to defeat locks, deadbolts, and hinges c. Expected Lifespan No manufacture listed lifespan. Dependent on operational usage. d. Manufacturer Description 7.D.c Packet Pg. 2362 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 10 **DRAFT** Ammunition is frangible and will break into a powder form upon impact with a solid object. It is designed to be fired point blank against solid objects. https://royalarms.com/product-category/breachingammo/ e. Purpose Used by the SWAT Unit to defeat locks, deadbolts, and hinges. f. Authorized Use Breaching ammunition are to be used exclusively by trained members of the SWAT Unit g. Fiscal Impact: a. Initial Cost $50 for 5 rounds b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training 40 hour POST certified breaching class in order to properly use the specialized weapon/ammunition. i. Legal and Procedural Rules It is the policy of the SMPD to utilize the breaching ammunition for official law enforcement purposes and in compliance with California Penal Code 1531. Flashbangs, Chemical Agents, Chemical Agent Delivery Devices, and Pepper Ball Launchers 1. Combined Tactical Systems (CTS) 7290 Flash-Bang a. Quantity 75 b. Capabilities A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “7290 -The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces an 175db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Flash Bangs are used by special tactical units during hostage rescue and high-risk warrants. It is an ATF-controlled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals.” https://www.combinedsystems.com/product/7290-flash-bang-steel-body-priced-individually-must-order-in-quantities-of-12/ e. Purpose A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. 7.D.c Packet Pg. 2363 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 11 **DRAFT** f. Authorized Use Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact: a. Initial Cost $52 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training 80 hour POST approved SWAT school. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law. 2. Combined Tactical Systems (CTS) 7290M Mini-Bang3 a. Quantity 100 b. Capabilities A non-bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “7290M – The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of it’s larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” https://www.combinedsystems.com/product/7290m-mini-bang-steel-body-priced-individually-must-order-in-quantities-of-12/ e. Purpose A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. f. Authorized Use Flashbang devices are to be used only by the SWAT Unit. g. Fiscal Impact: a. Initial Cost $38 each b. Annual Maintenance Cost 3 The CTS 7290M Mini-Bang devices were purchased by the Santa Monica Police Department in December 2021. Due to the COVID-19 pandemic, however, the shipment of the devices was delayed and are currently not in the Santa Monica Police Department’s possession. 7.D.c Packet Pg. 2364 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 12 **DRAFT** As needed to replenish rounds used for incidents and training. h. Training 80 hour POST approved SWAT school. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize flashbangs only for official law enforcement purposes, and pursuant to department policy, state and federal law. 3. Combined Tactical Systems (CTS) 9230 CS Sting-Ball Grenade a. Quantity 150 b. Capabilities Designed to emit loud noise, bright light, and rubber projectiles. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched.” https://www.combinedsystems.com/product/9230-cs-jet-lite-rubber-ball-grenade- pyro/ e. Purpose Sting-Ball grenade can be used in high-risk tactical operations when confronting potentially armed, knowingly armed, or violent suspects. They can also be used during high-risk warrants, hostage rescue incidents, and in limited instances during mobile field force incidents to provide an added degree of officer safety when being confronted by violent and/or armed subjects. f. Authorized Use Sting-Ball grenades are primarily used by the SWAT Unit and Mobile Field Force (MFF) but can also be used by department trained and qualified members at the direction of a supervisor. g. Fiscal Impact: a. Initial Cost $51 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sting-Ball grenades shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies. 4. Sage HTM66/3PCS CS and Smoke (hand-toss munitions) a. Quantity 48 b. Capabilities 7.D.c Packet Pg. 2365 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 13 **DRAFT** Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description “The SAGE 66MM Tri-Canister is a separating continuous discharge pyrotechnic munition available in white screening smoke or in CS irritant smoke. It consists of three separate canisters pressed together with internal separating charges. Upon deployment the canisters separate and land roughly 25 feet apart allowing for a greater area of coverage. This munition can be hand thrown or launched from a fired delivery system. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/HTM66-3P.html e. Purpose To safely resolve critical situations such as violent civil unrest and high-risk tactical operations. f. Authorized Use Sage CS and Smoke canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: a. Initial Cost $25-$50 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage CS and smoke shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 5. Defense Technology Chemical Agent (CS) canisters Han-Ball, Triple Chaser, Spede-Heat, Riot Control, Pocket Tactical, Instantaneous Blast, Tri-Chamber a. Quantity 32 b. Capabilities Designed for to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. Can be hand-thrown. c. Expected Lifespan 5-year shelf-life d. Manufacturer Description The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.https://www.defense-technology.com/product/han-ball-grenade-cs/ 7.D.c Packet Pg. 2366 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 14 **DRAFT** The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. https://www.defense-technology.com/product/triple-chaser-separating-canister-cs/ The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. https://www.defense-technology.com/product/spede-heat-continuous-discharge-chemical-grenade-cs/ The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. https://www.defense-technology.com/product/riot-control-continuous-discharge-grenade-cs/ The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade. https://www.defense-technology.com/product/pocket-tactical-grenade-cs/ The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. this device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind to the advantage. This 6.12 in. by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent. https://www.defense-technology.com/product/instantaneous-blast-cs-grenade/ The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to 7.D.c Packet Pg. 2367 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 15 **DRAFT** minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri- Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. https://www.defense-technology.com/product/flameless-tri-chamber-cs-grenade/ e. Purpose To safely resolve critical situations such as violent civil unrest and high-risk tactical operations. f. Authorized Use Defense Technology CS canisters are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: a. Initial Cost $25-$50 each b. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Defense Technology CS canisters shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 6. PepperBall VKS, FTC, TAC-700 Launchers and PepperBall Projectiles a. Quantity 7 VKS 2 FTC 5 TAC-700 (No longer in production or serviceable) 2000 rounds of PepperBall projectiles b. Capabilities Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s). Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments. c. Expected Lifespan PepperBall launcher - No manufacture listed lifespan. Dependent on operational usage and wear. PepperBall projectiles – Shelf life of 3 years. d. Manufacturer Description “PepperBall launchers are designed for minimum time between launches and quick reload speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation, the PepperBall system offers flexibility, safety and security, all within one platform. Launchers range from a compact lightweight 7.D.c Packet Pg. 2368 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 16 **DRAFT** hand-held style that fits on a standard duty belt to a longer barreled shoulder-mounted launcher with greater range and projectile capacity. Each launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air powering the launch of projectiles. PepperBall launchers are not classified as firearms.” “The heart of the PepperBall system is the patented PepperBall projectile, a hard plastic frangible sphere that is designed to burst upon impact. The gold standard in the industry, PepperBall projectiles are more accurate, more consistent and disperse a larger cloud than competitive offerings. Over a dozen types of projectiles are available with multiple payload options, PAVA concentrations and manufacturing processes.” https://pepperball.com/ e. Purpose De-escalation tool to safely resolve critical situations and not likely to inflict serious injury. f. Authorized Use PepperBall launchers and PepperBall projectiles are to only be used by department trained personnel at the direction of a supervisor g. Fiscal Impact: a. Initial Cost VKS - $1,300 each FTC - $600 each TAC-700 - $250 each PepperBall projectiles - $360 for every 90 rounds b. Annual Maintenance Cost Based on usage and wear, and as needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules PepperBall launchers and projectiles shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. Projectile Launch Platforms and their associated munitions 1. AMTEC Single Tube 40mm NATO Launcher a. Quantity 4 b. Capabilities 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds. c. Expected Lifespan Lifespan varies on operational usage and wear. d. Manufacturer Description Produced by Lewis Machine & Tool, the 37LMTS and 40LMTS are the lightest weight single shot tactical launchers produced. The launchers feature an expandable Gen2 Stock and an adjustable Integrated Front Grip (IFG) with light rail, for added mission adaptability, and an improvement on previous models. Both systems also feature an ambidextrous Lateral Sling Mount (LSM), allowing 7.D.c Packet Pg. 2369 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 17 **DRAFT** for a single or two point sling attachment. The Picatinny rail mounting systems accept a wide variety of enhanced optics/sighting systems. The 40LMTS will fire standard less-lethal ammunition up to 4.8 inches in cartridge length, and most low and medium velocity 40mm ammunition. e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use AMTECT 40mm launchers are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $900 each ii. Annual Maintenance Cost As needed based on operation usage and wear h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. Continual annual department training. i. Legal and Procedural Rules AMTEC 40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 2. Sage Deuce 37mm and 40mm NATO Launcher a. Quantity 37 (30 – 37mm and 7 – 40mm) *It should be noted that 5 of the 40mm launchers are awaiting shipment to the Santa Monica Police Department. These 5 devices were purchased prior to January 1, 2022. b. Capabilities 37mm/40mm launchers can deliver 37mm/40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds. c. Expected Lifespan Lifespan varies on operational usage and wear. d. Manufacturer Description None - http://www.sageinternationalltd.com/SCOI/DeuceSTD40.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage 37mm and 40mm can be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $1,600 each ii. Annual Maintenance Cost As needed based on operation usage and wear h. Training 7.D.c Packet Pg. 2370 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 18 **DRAFT** POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage 37mm/40mm launchers shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 3. Sage KO1 Impact Baton a. Quantity 500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO1 is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in either standard energy or less- energy variations. The KO1 is reloadable and is available with smokeless or black powder blended propelling charges to provide law enforcement with affordable realistic training capabilities.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO1 can be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. j. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. k. Legal and Procedural Rules Sage KO1 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 4. Sage KO2 CS Smoke a. Quantity 60 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening 7.D.c Packet Pg. 2371 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 19 **DRAFT** behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The K02 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. In a single source configuration the KO2 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration. Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO2 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO2 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 5. Sage K03 Crush Nose Baton a. Quantity 41 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO3 is a direct fire crush nose chemical impact baton round that is designed to be used in situations where a combination of kinetic energy and chemical agents is preferred for the incapacitation of hostile and/or non- compliant individuals. 7.D.c Packet Pg. 2372 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 20 **DRAFT** Upon impact the KO3 projectile imparts blunt trauma and additionally releases a micro-pulverized CS or OC powder payload as the baton nose is crushed.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high- risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO3 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO3 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 6. Sage K04 Screening Smoke a. Quantity 112 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO4 is a pyrotechnic colored screening smoke munition primarily used for crowd management situations. It is designed to be used for screening operations or for color signaling and marking. Offered in a short, mid, and long range variations, the KO4 allows the operator the ability to accurately place screening smoke at varying distances. Additionally the KO4 is available in a variety of colors to provide better screening capabilities during operations. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO4 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. 7.D.c Packet Pg. 2373 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 21 **DRAFT** g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO4 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to use of force and First Amendment assemblies. 7. Sage K06 Muzzle Blast a. Quantity 500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO6 is a non-pyrotechnic chemical muzzle blast munition primarily used for tactical crowd management or close quarter situations. It is designed to deny entry into sensitive areas or relocate and disperse unruly groups or hostile intruders by delivering a cloud of chemical laden powder immediately upon firing. The KO6 is offered in CS, OC, or practice powder variations. As a non-pyrotechnic munition the KO6 can be utilized both indoors and outdoors as a chemical compliance device.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high- risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO6 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. l. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. m. Legal and Procedural Rules 7.D.c Packet Pg. 2374 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 22 **DRAFT** Sage KO6 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 8. Sage K07 Multi-Area Impact a. Quantity 1,500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO7 is a multi-area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds. Available with either .60caliber or .32 caliber synthetic balls or multiple batons, the KO7 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO7 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 each ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO7 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 9. Sage K08 Soft-Tip Impact Baton a. Quantity 500 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening 7.D.c Packet Pg. 2375 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 23 **DRAFT** behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO8 is a direct fire super soft tip impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in either standard energy or less-energy variations. The KO8 is manufactured with smokeless or black powder blended propelling charges to provide the most accuracy, stabilization and easy clean up.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO8 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO8 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 10. Sage KO42 CS Smoke a. Quantity 220 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO42 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. 7.D.c Packet Pg. 2376 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 24 **DRAFT** In a single source configuration the KO42 is offered in short and long range variations. A mid-range variation is available only in the three-piece configuration. Also available in practice smoke. Average burn times range between 20-30 seconds.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO42 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO42 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 11. Sage KO47 Multi-Area Impact a. Quantity 225 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO47 is a multi-projectile area impact munition that is designed to be used in situations where kinetic energy is preferred for the dispersal of hostile and/or non-compliant crowds. Available with either .60 caliber or .32 caliber hard synthetic balls or multiple batons, the KO47 is designed to be used to dissuade intruders at medium distances from entering sensitive areas or to relocate or disperse unruly groups by skip firing or deploying the munition in extremely low trajectories towards the general target area.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use 7.D.c Packet Pg. 2377 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 25 **DRAFT** Sage KO47 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage KO47 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 12. Sage KO48 Soft-Tip Impact Baton a. Quantity 225 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The KO48 cartridge fires a highly accurate direct fire soft tip impact baton projectile that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals. Available in standard, mid-range and less-energy variations. The KO48 is manufactured with smokeless propelling charges to provide the most accurate, stabilization and easy clean up.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage KO48 are primarily used by the SWAT Unit and Mobile Field Force Unit (MFF), but can also be used by trained and qualified department members at the direction of a supervisor. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. 7.D.c Packet Pg. 2378 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 26 **DRAFT** i. Legal and Procedural Rules Sage KO48 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. 13. Sage BP5 Barricade Penetrating a. Quantity 208 b. Capabilities 37mm/40mm munitions used in conjunction with 37mm/40mm launchers may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 37/40mm munitions used in conjunction with 37/40mm launchers may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon c. Expected Lifespan 10+ year shelf life d. Manufacturer Description “The BP5 is a non-pyrotechnic barricade penetrating munition capable of delivering micro-pulverized chemical agents through barricades from a rifled 37mm launcher. The BP5 achieves superior accuracy and penetration through a combination of barrel rifling and projectile design. The projectile is made of frangible plastic and is filled with a micro-pulverized powdered chemical agent. The BP5 is designed to penetrate windows, doors, and other barriers. The micro-pulverized powder payload is released upon impact.” http://www.sageinternationalltd.com/SCOI/ammunition.html e. Purpose Designed to safely resolve critical situations such as violent civil unrest and high-risk tactical operations. De-escalation tool not likely to inflict serious injury. f. Authorized Use Sage BP5 are to be used only by the SWAT Unit. g. Fiscal Impact: i. Initial Cost $25-$50 ii. Annual Maintenance Cost As needed to replenish rounds used for incidents and training. h. Training POST approved training on legal and practical application including but not limited to crowd management, intervention, and control. i. Legal and Procedural Rules Sage BP5 shall only be used for official law enforcement purposes pursuant to department policy and state and federal law, including, but not limited to, use of force and First Amendment assemblies. Night Vision Equipment 1. Night Vision Goggles - AN/PVS-21 and AN/PVS-7C a. Quantity AN/PVS-21 – 5 AN/PVS-7C – 5 b. Capabilities 7.D.c Packet Pg. 2379 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 27 **DRAFT** Night vision goggles (NVG) is an optoelectronic device that allows images to be produced in low levels of light approaching total darkness. The use of this equipment allows a tactical advantage for officers especially when operating in low light or dark environments. c. Expected Lifespan Devices are provided to the Santa Monica Police Department from the U.S. Navy on a re-occurring one year lease. d. Manufacturer Description Unknown e. Purpose The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having NVG’s allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVG’s is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments. f. Authorized Use NVG’s are authorized for use by the SWAT Unit g. Fiscal Impact: a. Initial Cost $3,000 yearly lease from the U.S. Navy b. Annual Maintenance Cost None – Covered by lease agreement h. Training SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVG’s. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize NVG’s for official law enforcement purposes and in accordance with state and federal law. 2. Thermal Weapon Sight - AN/PAS-13D (V) 3 a. Quantity 2 b. Capabilities Thermal sights on weapons see heat. This has advantages in complete darkness, or in the presence of obscurants like dust, smoke, etc. because they can still pick out humans and vehicles. Using deep infrared viewers also avoids “blooms” or whiteouts if someone flashes a bright light source like a flashlight at the operator of the device. Can be mounted on a weapon or used hand-held. c. Expected Lifespan Devices are on loan to the Santa Monica Police Department from the U.S. Military through the Federal Defense Logistics Agency (DLA). d. Manufacturer Description Unknown e. Purpose The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having thermal sights allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of thermal sights is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments. 7.D.c Packet Pg. 2380 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 28 **DRAFT** f. Authorized Use Thermal weapon sights are authorized for use by the SWAT Unit g. Fiscal Impact: a. Initial Cost No cost - On loan b. Annual Maintenance Cost None – Covered by loan agreement h. Training SWAT Officers maintain proficiency by continual training and annual weapons qualifications with thermal weapon sights. i. Legal and Procedural Rules It is the policy of the Santa Monica Police Department to utilize thermal weapon sights for official law enforcement purposes and in accordance with state and federal law. 7.D.c Packet Pg. 2381 Attachment: Attachment C - Proposed Ordinance Approving Military Equipment Use Policy (5070 : Military Equipment Use Policy) 1 Vernice Hankins From:Homa <homagod@yahoo.com> Sent:Tuesday, April 26, 2022 1:46 PM To:councilmtgitems Cc:Oscar de la Torre; Gleam Davis; Christine Parra; Phil Brock; Lana Negrete; Sue Himmelrich; Kristin McCowan Subject:Public comment: Item 7-D - reject the military equipment policy. EXTERNAL Dear City Council: I urge you to reject Item 7-D: the Ordinance Approving Military Equipment Policy. Santa Monica has demonstrated an alarming inability to hold incompetent and/or malicious officers accountable. We are still waiting for a report on how a Police Department employee was able to *allegedly* molest children for years. If the city is unable or unwilling to deliver the promised report from law firm, Atkinson, Andelson, Loya, Ruud & Romo, on the Eric Uller case, then how can we trust the police department to adhere to this new policy on military weapons? How can we trust the police department, or the city itself, to follow any policy? When police malfeasance goes unchecked, we all suffer, including the police officers themselves. Imagine what it feels like to be one of the good cops, watching your colleagues get away with attacking peaceful protestors. What does it feel like to risk your career to report allegations of misconduct against Eric Uller to your superiors, only to have the guy remain on city payroll? I know there are good cops because I have seen Santa Monica police officers comport themselves with dignity and restraint while dealing with difficult and disturbed community members. However, my trust in the Santa Monica Police Department has been deeply strained. It has been almost two years since the protests of 2020, and still there is little to no accountability for the officers who attacked peaceful protesters while allowing looters to rampage the city. It feels like the city has spent more time fighting resident oversight than rooting out officer misconduct. Military weaponry for the police won't make me feel safe. What will make me feel safe is when I see our Police Officers held to basic standards of accountability and professionalism. Thank you Homa Mojtabai Santa Monica Resident (note I'm on the Personnel Board writing in a personal capacity) Item 7.D 04/26/22 1 of 1 Item 7.D 04/26/22 7.D.d Packet Pg. 2382 Attachment: Written Comment (5070 : Military Equipment Use Policy)