Title
Recommendation to Accept the Annual Military Equipment Report for the Alameda Police Department and Continue to Allow the Department to Use and Maintain the Equipment Previously Adopted; and
Introduction of Ordinance Adopting a Military Equipment Use Policy for Uncrewed Aerial Systems (UAS) (Drones) for the Alameda Police Department; and
Recommendation to Authorize the City Manager to Purchase Two Drones from Axon Enterprise, Inc. in an Amount Not-to-Exceed $143,804.02 over a Term of Five Years, once the Ordinance Authorizing a Policy Governing the Use of Drones Becomes Effective.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15321 (law enforcement activities by peace officers) and Section 15061(b)(3) (common sense exemption), since it can be seen with certainty that the proposed action has no potential to have a significant adverse effect on the environment. (Police 10031100) [Continued from May 21, 2024]
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Effective January 1, 2022, Assembly Bill 481 (AB 481) requires:
1) A law enforcement agency to obtain approval from its governing body to enact a Military Equipment Use Policy by ordinance before purchasing, using, raising funds for, or acquiring military equipment.
2) A law enforcement agency to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body for as long as the military equipment is available for use.
The City of Alameda (City) Police Department (APD) is submitting this report to educate the community, report to the City Council, and comply with the requirements in AB 481.
Consistent with City Council direction provided on May 7th, APD is further requesting that Council adopt an ordinance authorizing a policy governing APD’s use of an UAS/drones, as required by AB 481, and authorize the City Manager to purchase two drones from Axon Enterprise, Inc. once the ordinance becomes effective.
BACKGROUND
On July 7, 2022, City Council reviewed an APD draft policy and approved APD’s Military Equipment Use Policy (Exhibit 1). This action allowed APD to continue using the equipment and allowed neighboring police agencies to use military equipment within our jurisdiction when providing mutual aid during exigent circumstances.
AB 481 (Government Code § 7072(a)) specifies that the Annual Military Equipment Report include six main categories:
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 the violation(s) 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.
On May 7, 2024, staff made a presentation on the City’s approach to addressing sideshow activity, including a request for the City Council to provide direction on the potential of purchasing and using drones for enforcement and deterrence of sideshows, as well as for other critical incidents in the City. City Council provided direction for staff to return to Council on May 21st with a First Reading of an Ordinance authorizing the purchase and use of UAS/drones and a policy governing the operations of drones consistent with AB481.
DISCUSSION
How Military Equipment Was Used and the Purpose of Its Use
Throughout 2023, APD deployed the Emergency Response Vehicle (ERV) operationally 12 times. The ERV was used for transporting officer(s)/agent(s) by APD personnel to provide ballistic protection for high-risk operations. Additionally, APD deployed one less lethal bean bag round during a high-risk stop. All events are summarized below in chronological order (Exhibit 2).
23-00741: One less lethal shotgun bean bag round was deployed for a subject armed with what was later learned to be a replica firearm; the armed subject refused to stop and pointed the replica firearm at civilians/officers.
23-00795: US Marshals requested the use of the ERV for a high-risk arrest operation.
23-01108: Oakland Police Department requested the use of the ERV for a high-risk arrest operation.
23-02615: US Marshals requested the use of the ERV for a high-risk arrest operation.
23-03177: Alameda Police personnel used the ERV to arrest a barricaded subject in Oakland.
23-04466: Alameda Police personnel deployed the ERV and staged it out of view during the 4th of July parade.
23-05646: US Marshals requested the use of the ERV for a high-risk arrest operation.
23-06143: Alameda Police personnel deployed the ERV to arrest a barricaded subject in Alameda.
23-06443: Oakland Police Department requested the use of the ERV for a high-risk arrest operation.
23-06549: Oakland Police Department requested the use of the ERV for a high-risk arrest operation.
23-06362: Alameda Police personnel used the ERV for a high-risk arrest operation in Alameda.
23-07621: Alameda Police personnel used the ERV to arrest an armed barricaded subject in Alameda.
23-08611: US Marshals requested the use of the ERV for a high-risk arrest operation.
Complaints or Concerns Received
No complaints have been received since the formal adoption of the Military Equipment Use Policy. However, a complete list of all concerns and comments made through APD’s website is attached to this report, with the submitter’s information redacted. One comment was submitted in 2023 (Exhibit 3).
Audit Results and Reports of Violations of Military Equipment and Actions Taken
An equipment inventory and audit were completed, and all the militarized equipment was accounted for and confirmed to be in its assigned storage areas. APD has not had any violations or complaints of violations of military equipment since the adoption of its use, so there have been no actions taken in response.
Total Cost and Funding Source
The total cost for military equipment in 2023 was $25,086.38. This cost includes two equipment expenditures. The first equipment cost of $24,763.70 was for the purchase of 20 new AR-15-style rifles to equip patrol officers and sergeants with individually assigned rifles. The second was $322.68 for oil/filter changes on the Emergency Response Vehicle.
Accounting for personnel training costs is fluid, as personnel, their ranks, assignments, and employment status change throughout the year. In 2023, approximately four SWAT officers trained with AB 481 equipment once a month. The cost for their training was approximately $11,340 per officer, including their salaries and benefits. Four SWAT sergeants attended training once a month. The cost for their training was approximately $14,707 per sergeant, including salaries and benefits.
Patrol, investigations, and support services officers and sergeants were trained for approximately 31 hours using AR-15 rifles. There were approximately 36 officers in these assignments. 28 of them trained for approximately 23 hours, and the cost associated with this training was approximately $2,898 per officer, including their salaries and benefits. Eight officers trained for approximately eight hours and the cost associated with this training was approximately $1,008 per officer, including their salaries and benefits. There were eight sergeants in these assignments, and the cost associated with this training was approximately $1,113 per sergeant, including their salaries and benefits.
Quantities of Each Type of Military Equipment
APD purchased 20 new AR-15-style rifles for patrol. The attached inventory was updated to reflect the additional rifles (Exhibit 4).
Intent to Acquire Additional Military Equipment
Ammunition, Sponge Rounds, and Mobile Command Center
APD intends to acquire ammunition for its .223/5.56 and 308 caliber rifles. This ammunition will be used to conduct regular yearly training for the Special Weapons and Tactics team and in-service officer/sergeant training. APD may also need to purchase additional 40mm sponge rounds. These munitions are being used for in-service SWAT training and are a required munition for police recruits in the police academy.
APD intends to explore grants for the potential purchase of a mobile command vehicle that could conduct communications and operations in the field during any incident. If grants are obtained, APD could return to City Council for the appropriate approvals.
Drones
As described at the Council’s May 7, 2024 meeting, Agenda Item 7-D (Staff Report 2024-3984 <https://alameda.legistar.com/LegislationDetail.aspx?ID=6647598&GUID=0CFD7D1E-5D01-4F3A-8395-ACED511403CA>), UAS/drone technology has many benefits in assisting APD with managing critical incidents, sideshow activity, and roadway mapping for major traffic collision investigations. Consistent with AB481, on April 15, 2024, APD posted a draft UAS/drones policy on its website and held a community engagement meeting on April 30, 2024, to solicit community input. Additionally, APD consulted with numerous community stakeholders in exploring the potential use of drones and preparing the draft UAS/drone Policy, including numerous community meetings, consultation with Secure Justice, a civilian oversight organization focused on policy development for surveillance technologies, and Alameda Point and Harbor Bay businesses.
Since posting the draft UAS policy on its website, APD made two updates as follows and shown in redline in Exhibit 5: (1) The retention schedule for evidentiary video was updated to be aligned with all other APD retention schedules; and (2) based on feedback and direction received during the City Council meeting on May 7, 2024, APD updated language in the Prohibited Use section to strike the word “solely” and added some additional language as described in greater detail below. Additionally, staff will update the Military Equipment Policy 709 to include drones under Category #1 consistent with the draft policy provided in Exhibit 6.
As described above, on May 7, 2024, staff made a presentation on the City’s approach to addressing sideshow activity, including a request for the City Council to provide direction on the potential of purchasing and using drones for enforcement and deterrence of sideshows, as well as for other critical incidents in the City. City Council provided direction for staff to return to Council on May 21st with a First Reading of an Ordinance authorizing the purchase and use of UAS/drones and a policy governing the operations of drones consistent with AB481. The following provides staff responses to the comments received from the City Council:
• Will deployment and use records for UAS/drones be posted for public access?
o Staff Response: APD will create a Significant Police Incident Report after all UAS deployments. These reports will be posted to the City’s website immediately and without unnecessary delay.
• What information will be contained within the use records that are made available for public access?
o Staff Response: All Significant Police Incident Reports contain the date, time, location, and brief summary of the incident.
• Please remove the word “solely” from the following language under the Prohibited Use section of the UAS Policy, “To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.”
o Staff Response: The proposed language will remove the word “solely” and add some updated language to read as follows: “To target a person based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability, in a manner inconsistent with any applicable City policy, including this policy, law, or regulation.”
• Will staff be marking the UAS/drones with APD identifiers and placing signage throughout the City to advise UAS technology may be used?
o Staff Response: Barring any issues with voiding equipment warranty, APD supports marking the UAS with APD identifiers. At this time, City staff do not intend to place signage throughout the City regarding the use of drones.
• Could APD use the speaker feature of the UAS as a means to de-escalate incidents, including at unsanctioned car events and sideshows?
o Staff Response: When operationally appropriate, APD intends to use the speaker feature as a de-escalation tool, including potentially at sideshow events.
• Will APD make regular assessments of the efficacy of the use of UAS/drone technology?
o Staff Response: APD will make regular assessments and provide an evaluation of UAS/drone efficacy annually as a stand-alone agenda item at a City Council meeting, most likely on the same night as the annual militarized equipment report required per AB481.
• Consider regulating recreational and commercial use of drones in and around parks, schools and other potential sensitive public areas.
o Staff Response: Per Council direction, this can be added as a project to the Strategic Plan, which will delay the timing of other projects contained in the Strategic Plan.
Consistent with City Council direction provided on May 7th, City staff recommends that the Council adopt an ordinance authorizing a policy governing APD’s use of an UAS/drones, as required by AB 481, and authorize the City Manager to purchase two drones from Axon Enterprise, Inc. once the ordinance becomes effective.
ALTERNATIVES
• Accept the Annual Military Equipment Use Report and introduce the ordinance authorizing the purchase and use of UAS/drones and adopting the proposed UAS Policy.
• Accept the Annual Military Equipment Use Report and approve the ordinance authorizing the purchase and use of UAS/drones with revisions to the proposed UAS Policy.
• Accept the Annual Military Equipment Use Report and reject the ordinance authorizing the purchase and use of UAS/drones and adopting the proposed UAS Policy.
FINANCIAL IMPACT
There is no financial impact from accepting the Annual Military Equipment Report.
The purchase of two UAS/drones from Axon Enterprise, Inc. in the amount of $143,804.02 includes all acquisition, training, and licensing costs, over five years (Exhibit 7). The first year’s amount of $124,562.74 will be funded from the existing approved APD budget for Fiscal Year 2024-25, and subsequent years will be funded subject to future budget authorization. If City Council authorizes purchase of these drones, the purchase would only be made after the ordinance approving the UAS Policy (Exhibit 5) becomes effective.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code (Ordinance No. 3325) and Government Code § 7072 (AB 481). This action supports the FY 2023-26 Strategic Plan priority: Enhance Community Safety and Services.
ENVIRONMENTAL REVIEW
Approving or disapproving of the Annual Military Equipment Report does not constitute a “project” as defined in CEQA Guidelines Section 15378 and therefore no further CEQA analysis is required. Authorizing the purchase and use of UAS/drones by APD is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15321 (law enforcement activities by peace officers) and Section 15061(b)(3) (common sense exemption), since it can be seen with certainty that the proposed action has no potential to have a significant adverse effect on the environment.
CLIMATE IMPACT
No identifiable climate impacts or climate action opportunities are associated with the subject of this report.
RECOMMENDATION
Recommendation to accept the Annual Military Equipment Report for APD and continue to allow APD to use and maintain the equipment previously adopted;
Introduction of Ordinance adopting a Military Equipment Use Policy for UAS/drones for APD; and
Recommendation to authorize the City Manager to purchase two drones from Axon Enterprise, Inc. in an amount not-to-exceed $143,804.02 over a term of five years, once the ordinance authorizing a policy governing the use of drones becomes effective.
Respectfully submitted,
Nishant Joshi, Chief of Police
By,
Jeffery Emmitt, Police Captain
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Policy and Policy Equipment List
2. Deployment List
3. Feedback Submissions
4. Weapon Inventory
5. Uncrewed Aerial System (UAS) Policy
6. Draft Inventory Updated Policy 709
7. Axon Enterprise, Inc. UAS Cost Estimate