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Home My WebLink About2023/04/25 Post Agenda Packet Cjlf! Bozxifsf! Ebz Uivstebz-!Nbz!29-!3134 TBOEBHsfhjpoTBOEBH TBOEBHTBOEBHsfhjpo TBOEBHsfhjpo City of Chula Vista Regular Meeting of the City Council Meeting Minutes April 18, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present:Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Also Present:City Manager Kachadoorian;Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney City Clerk Bigelow;Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting.The agenda items were considered in the order presented. _____________________________________________________________________ 1.CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2.ROLL CALL City Clerk Bigelow called the roll. 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Preciado led the Pledge of Allegiance. 4.SPECIAL ORDERS OF THE DAY 4.1Presentation of Proclamations to Southwestern College Students Camila Gonzalez and Nicolette Lun for Award-Winning Journalism Mayor McCann read the proclamations and Councilmembers Chavez and Gonzalez presented them to the students. 4.2Presentation of a Proclamation Proclaiming the Month of April Arab American Heritage Month in the City of Chula Vista Mayor McCann read the proclamation, and Councilmember Cardenas presented it to Doris Bittar, representing the American Arab Anti-Discrimination Committee. 2023-04-18 City Council Regular Meeting Minutes 4.3Presentation of a Proclamation Proclaiming the Month of April World Landscape Architecture Month in the City of Chula Vista Mayor McCann read the proclamation and presented it to Principal Landscape Architect Ferman. 4.4Presentation of a Proclamation Proclaiming the Month of April Fair Housing Month Celebrating the 55th Anniversary of the Fair Housing Act of 1968 in the City of Chula Vista Mayor McCann read the proclamation and Councilmember Cardenas presented it to Board President Jesus Pacheco and Board Secretary Leticia Munguia, representing the Center for Social Advocacy. 5.CONSENT CALENDAR (Items 5.1 through 5.6) Items 5.2, and 5.4 through 5.6 were removed from the Consent Calendar at the request of a member of the public. Moved byMayor McCann Seconded byDeputy Mayor Preciado To approve the recommended actions appearing below consent calendar Items 5.1 and 5.3. The headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1Approval of Meeting Minutes Approve the minutes dated: March 28, 2023 5.3Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.2Waive Reading of Text of Resolutions and Ordinances Alan C. spoke in opposition to the item. Hayley Salazar submitted written communications in opposition to the item. Moved byDeputy Mayor Preciado Seconded byCouncilmember Chavez To approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. The motion carried by the following vote: Page 2 2023-04-18 City Council Regular Meeting Minutes Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 5.4Accessory Dwelling Units: Adopt an Ordinance Amending the Chula Vista Municipal Code on Accessory Dwelling Units and Junior Accessory Dwelling Units to Align with State Law and Clarify Development Regulations(Second Reading and Adoption) The following members of the public spoke in opposition to the staff's recommendation: Mark Consuelo Paul Henkin Paul Henkin submitted written communication in opposition to staff's recommendation. Richard DAscoli, representing Pacific Southwest Association of Realtors, submitted written communications in support of staff's recommendation. Development Services Director Black responded to questions of the Council. Moved byDeputy Mayor Preciado Seconded byCouncilmember Gonzalez To adopt Ordinance No. 3548, heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) ORDINANCENO. 3548 OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) (SECOND READING AND ADOPTION) 5.5Employee Compensation and Positions: Approve Amended Compensation Schedule to Reflect Salary Adjustments for Certain Positions; Amended Position Count; Amendment to the Memorandum of Understanding for Peace Officers; and Revised Compensation Schedule Human Resources Director Chase and Police Captain Martin spoke on the item. The following members of the public spoke in opposition to staff's recommendation: Alan C. David Oyos, representing the Chula Vista Police Officers Association Page 3 2023-04-18 City Council Regular Meeting Minutes The following members of the public spoke in support of increased compensation for firefighters: Darrell Roberts, representing Chula Vista Firefighters IAFF Local 2180 Juan Perez, representing IATSE Local 122 The following members of the public submitted written communications expressing a neutral position on the item: Carol KIm Karl David Zurlage Sara Kent Ochoa James Moffat Sotta Villasenor Martin Bryan Terry Noah Manny Chris Colombo Joshua Irene Aguirre Brenda Aguirre The following members of the public submitted written communications in support of staff's recommendation: Nicole Hobson Kevin Cablayan Angelica Cablayan Frank Rivera The following members of the public submitted written communications in opposition to staff's recommendation: Christopher Lopez Mary Jo Ornelas Zach Maribel McKinze Robert Hill Kim Sara Lopez Vincent A. Regina F. Nicole Campbell Todd Walters Council discussion ensued. Page 4 2023-04-18 City Council Regular Meeting Minutes Moved byMayor McCann Seconded byCouncilmember Cardenas To adopt Resolution Nos. 2023-040 through 2023-042, and add an item regarding labor negotiations with IAFF,other bargaining groups, and unrepresented employees to the May 9, 2023 closed session agenda, headings read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann No (1): Councilmember Gonzalez Result, Carried (4 to 1) A) RESOLUTION NO. 2023-040 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT SALARY ADJUSTMENTS FOR CERTAIN POSITIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN THE FINANCE DEPARTMENT B) RESOLUTION NO. 2023-041 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA COVERING THE PERIOD OF MAY 4, 2021 TO JUNE 30, 2024, REGARDING THE ADDITION OF A SIXTH PAY STEP AND STEP ADVANCEMENT C) RESOLUTION NO. 2023-042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE APRIL 21, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 5.6Expenditure Plan Amendment and Appropriation: Amend the Infrastructure, Facilities and Equipment Expenditure Plan and Appropriate Funds to the Traffic Signal Modifications Project for Change Orders with HMS Construction and Additional Project Costs The following members of the public spoke in opposition to the item: Alan C. John Acosta, Chula Vista resident Cindy submitted written documentation in opposition to the item but did not wish to speak. Director of Engineering Valle responded to questions of the City Council. Moved byCouncilmember Gonzalez Seconded byMayor McCann To adopt Resolution No. 2023-043, heading read, text waived. The motioncarried by the following vote: Page 5 2023-04-18 City Council Regular Meeting Minutes Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) RESOLUTION NO. 2023-043 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN AND AMENDING THE FISCAL YEAR 2022/23 CIP PROGRAM BUDGET THEREFOR (4/5 VOTE REQUIRED) 6.PUBLIC COMMENTS Joseph Razo, spoke regarding homelessness and displayed a video. Mayor McCann recessed the meeting at 6:55 p.m. The Council reconvened at 7:06 p.m., with all members present. Gladys Orozco announced the upcoming Shen Yun performance Doris Bittar submitted written documentation regarding the item but was not present when called to speak. The following members of the public expressed concerns regarding local matters: Alan C John Acosta Consuelo Lillie Hebert spoke in support of flying the POW flag. Mark expressed concern regarding no-fault rent protections. Sophia Rodriguez, Chula Vista resident, spoke in support of an ordinance to establish a privacy and technology commission. Becky Rapp expressed concern regarding matters related to cannabis. Mayor McCann referred the matter to the City Manager. Char expressed concern regarding increasing utility rates. Mayor McCann referred the matter to the City Manager. Robert Johnson submitted written communications referencing coercion. 7.PUBLIC HEARINGS 7.1Proposed Federal Grant Funding: Conduct a Public Hearing and Receive Recommendations for the Fiscal Year 2023/2024 Annual Action Plan Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Management Analyst Barnard gave a presentation on the item and he and Housing and Homeless Services Director Kurz responded to questions of the City Council. Council discussion ensued. Mayor McCann opened the public hearing. Page 6 2023-04-18 City Council Regular Meeting Minutes The following members of the public expressed concern regarding issues related to homelessness: Alan C. John Acosta, Chula Vista resident The following members of the public spoke in support of staff's recommendation: Jenna Novotny, representing Mama's Kitchen Jessie Stein, representing Voices for Children Paul made recommendations regarding funding priorities. Mark spoke in opposition to staff's recommendation. Paul Henkin submitted written communications expressing a neutral position on the item. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. 8. There were none. 9. Mayor McCann spoke regarding his attendance at the ribbon cutting for Graze Craze and Sawaya Brothers Market. He thanked Councilmember Cardenas for her service on the Otay valley Regional Park and spoke regarding the bridge shelter and homelessness. 9.1Ratification of Appointments to the Following Commissions: Alan C. spoke regarding the Charter Commission. Moved byMayor McCann Seconded byDeputyMayor Preciado Board of Library Trustees -Carrie Holleron -Toby Larson Charter Review Commission -Victor Lopez Civil Service Commission -Lourdes Silva-Nunez -Andrew Strong Human Relations Commission -Leticia Lares-Urquidez Parks and Recreation Commission -Martin Calvo Page 7 2023-04-18 City Council Regular Meeting Minutes To ratify the above appointments. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 10. Deputy Mayor Preciado thanked City Manager Kachadoorian for supporting his office hours at Norman Park Senior Center. Councilmember Chavez spoke regarding her attendance at the following recent events: the Latino American Professional Alliance meeting, the Adelante Mujer Latin Conference, the plaque dedication for fallen hero Captain Gregory Ratzlaff; and the MTS public security meeting. She also extended an invitation to the community to a roundtable to discuss Justice, Equity, Diversity and Inclusion in the City of Chula Vista. 11.CITY ATTORNEY'S REPORTS There were none. 12.CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during closed session aremaintained by the City Attorney. Acting City Attorney Maland announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 8:30 p.m. The City Council convened in closed session at 8:34 p.m. with all members present. 12.1Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of Case: Aimee Alexander v. The Prescott Companies, et al., San Diego Superior Court, Case No. 37-2020-00011388-CU-PO-CTL. Action: No Reportable Action 13.ADJOURNMENT The meeting was adjourned at 8:45 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 8 City of Chula Vista Special City Council Workshop Meeting Minutes April 20, 2023, 4:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present:Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Also Present:City Manager Kachadoorian;Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting.The agenda items were considered in the order presented. _____________________________________________________________________ 1.CALL TO ORDER A special meeting of the City Council of the City of Chula Vista was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2.ROLL CALL City Clerk Bigelow called the roll. 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Chavez led the Pledge of Allegiance. 4.WORKSHOP 4.1Presentation and Discussion on City Operations -Part II Marketing and Communications Manager Steinberger, Development Services Director Black, Housing and Homeless Services Director Kurz, and department staff gave presentations on the item and responded to questions of the City Council. Mayor McCann recessed the meeting at 5:14 p.m. The City Council reconvened at 5:21 p.m., with all members present. 5.ADJOURNMENT The meeting was adjourned at 6:30 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 1 !¯±¨« ΑΔǾ ΑΏΑΒ ! ! )4%- TITLE Pqfo!Tqbdf!Mboetdbqjoh!Tfswjdft;!Bqqspwf!uif!Gjstu!Bnfoenfou!xjui!HfpDbm!Nbobhfnfou!'!Mboetdbqjoh! up!Jodsfbtf!Nbyjnvn!Dpousbdu!Bnpvou! ! 2¤¯®±³ .´¬¡¤±23-0108! Location: Op!tqfdjgjd!hfphsbqijd!mpdbujpo/ Department: Qvcmjd!Xpslt! %µ¨±®¬¤³ « .®³¨¢¤: Uif!Qspkfdu!rvbmjgjft!gps!b!Dbufhpsjdbm!Fyfnqujpo!qvstvbou!up!uif!Dbmjgpsojb! Fowjsponfoubm!Rvbmjuz!Bdu!Tubuf!Hvjefmjoft!Tfdujpo!26412!Dmbtt!2!)Fyjtujoh!Gbdjmjujft*!boe!Tfdujpo!26415! 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Tfswjdft!Bhsffnfou! 3³ ¥¥ #®³ ¢³Ȁ !¦¤«¨¢ !¦´¨« ±Ǿ !²²¨²³ ³ $¨±¤¢³®± ®¥ 0´¡«¨¢ 7®±ª² 4¤²² .¦´¸¤Ǿ 3¤¨®± - ¦¤¬¤³ ! «¸²³ tğŭĻ ΋ Ќ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND GEOCAL MANAGEMENT & LANDSCAPING FOR ON-CALL OPEN SPACE LANDSCAPE SERVICES WHEREAS, the Public Works Department staff manages and maintains landscape areas that are part of Open Space Districts and Community Facilities Districts throughout the City; and WHEREAS, City requires landscape services in order to maintain the City open space areas; and WHEREAS, City previously entered into a Contractor/Service Provider Services Agreement with GeoCal Management & Landscaping to Provide On-Call Open Space Landscaping Services which was approved by City Council on December 3, 2019 via City Council Resolution 2019-226; and WHEREAS, the GeoCal Management & Landscaping (GeoCal) is one of four (4) contractors approved to provide on-call landscape services with the City; and WHEREAS, GeoCal has consistently been the lowest bidder for numerous on-call tasks, which has resulted in a higher actual usage than anticipated in the Agreement; and WHEREAS, due to the higher than anticipated usage, GeoCal has nearly reached the $1,000,000 maximum not-to-exceed amount in the Agreement; and WHEREAS, the Agreement does not expire until December 31, 2024 and the City and GeoCal desire to amend the Agreement to increase the not-to exceed limit from $1,000,000 to $2,000,000 to allow GeoCal to continue to provide as-needed, on-call landscape services; and WHEREAS, staff recommends that the City Council approve the first amendment to the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the First Amendment to the City of Chula Vista Contractor/Service Provider Services Agreement with GeoCal Management & Landscaping for On-Call Open Space Landscape Service, in the form presented, with such minor modifications as may be required or approved by the City Attorney, directs the City Manager or designee to execute the same, and directs that an executed copy be kept on file with the Office of the City Clerk. Presented by Approved as to form By: Matt Little Jill D.S. Maland Director of Public Works Lounsbery Ferguson Altona & Peak Acting City Attorney FIRST AMENDMENT TO CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING TO PROVIDE ON-CALL OPEN SPACE LANDSCAPE SERVICES This FIRST AMENDMENT is entered into effective as of May 9, 2023 ( ) by and between and GeoCal Environmental Management & Landscaping, RECITALS WHEREAS, City and Contractor/Service Provider previously entered into City of Chula Vista Contractor/Service Provider Services Agreement with GeoCal Environmental Management & Landscaping to Provide On-Call Open Space Landscape Services Original Agreementon December 3, 2019; and WHEREAS, the term of the Original Agreement does not expire until December 31, 2024; and WHEREAS, the Original Agreement included a maximum not-to-exceed amount of $1,000,000; and on-call contractors for several on-call tasks, which has resulted in a higher actual usage than anticipated in the Original Agreement; and WHEREAS, due to the higher than anticipated usage, Contractor/Service Provider has nearly reached the $1,000,000 maximum not-to-exceed amount in the Original Agreement; and WHEREAS, the City desires to increase the maximum not-to-exceed amount to $2,000,000 over the life of the agreement to allow for an expanded number of on-call landscape services to be provided by Contractor/Service Provider. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Contractor/Service Provider agree to amend the Original Agreement as follows: 1. Exhibit A, entitled Amended and Restated Scop of Work and Payment Terms is hereby attached hereto and incorporated herein by this reference. 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. Each party represents that it has full right, power, and authority to execute this FIRST Amendment and to perform its obligations hereunder, without the need for City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so. \[End of Recitals. Next Page is Signature Page.\] City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 SIGNATURE PAGE TO FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT WITH GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING TO PROVIDE ON-CALL OPEN SPACE LANDSCAPE SERVICES GEOCAL ENVIRONMENTAL CITY OF CHULA VISTA MANAGEMENT & LANDSCAPING BY:________________________________ BY: ________________________________ ALYCE FRAHER JOHN MCCANN OWNER MAYOR ATTEST BY: _________________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _________________________________ JILL D.S. MALAND LOUNSBERY FERGUSON ALTONA & PEAK ACTING CITY ATTORNEY City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 EXHIBIT A AMENDED AND RESTATED SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: ANGELICA AGUILAR, ASSISTANT DIRECTOR OF PUBLIC WORKS 1800 MAXWELL ROAD, CHULA VISTA, CA 91911 (619) 397-6088 AAGUILAR@CHULAVISTACA.GOV For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: GEOCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING ALYCE FRAHER, OWNER 320 TROUSDALE DRIVE, SUITE K CHULA VISTA, CA 91910 (619) 319-0451 GEOCALENVIRONMENTAL@GMAIL.COM For Legal Notice Copy to: ANGELICA DOLTER, EXECUTIVE ASSISTANT 320 TROUSDALE DRIVE, SUITE K CHULA VISTA, CA 91910 (619) 319-0451 GEOCALENVIRONMENTAL@GMAIL.COM 2. Required Services A. General Description: Contractor will provide on-call open space landscape services as required at the direction and to the satisfaction of the Director of Public Works, in accordance with the Contract Documents. Services will vary with each Task Order. Typical projects for which Contracting Services may be required include: landscape improvements, repair of irrigation systems, Decomposed Granite (DG) trail restoration/repair, mulching, weed control and brush abatement services, and erosion control services. City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 B. Detailed Description: The number and scope of projects and assignments for which Contractor services are required will vary from year-to-year. Contractor acknowledges and agrees that service requests from the City under this - of the City. Contractor acknowledges and agrees that the City is not required to request any services from Contractor under this Agreement. Contractor acknowledges and agrees that it is not entitled to any compensation under this Agreement until such time that it has provided Required Services as explicitly authorized and approved by the City via Purchase Order. The Contractor shall furnish and provide all labor, materials, equipment, tools, facilities, skill, and services necessary to complete, in a good and workmanlike manner, all required landscape services. Contractor will provide the following services as needed: Design-build landscape projects and renovations to include, but are not limited to: planting of trees, lawns, shrubs, groundcovers, and installation of boulders and rock features. Projects may incorporate the removal or clearing of existing landscape. Installation and repair of irrigation systems, irrigation conversions, controller conversions, irrigation appurtenance repair and water auditing. Installation and repair of Decomposed Granite (DG) trails and paths, which may include installation of rock and gravel groundcovers. Installation of mulch groundcovers for weed suppression, water retention, and erosion control. rocks, sandbags, and silt fencing. General landscape maintenance services, which may include, but are not limited to: week control/abatement, mowing, general clean-up, and fire protection brush clearing. Services will vary with each Task Order depending on the needs of the City. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December 3, 2019 and end on December 31, 2024 for completion of all Required Services. 4. Compensation: A. Form of Compensation Time and Materials. For performance of the Defined Services by Contractor/Service Provider as herein required, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts as indicated below: City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 See Exhibit D for applicable Hourly Rates under this Agreement. The Contractor and City will negotiate the scope and fees for each task order on a project-by-project basis using the hourly billing rates specified in Exhibit D. B. Reimbursement of Costs None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2024 shall not exceed $2,000,000. 5. Special Provisions: Permitted Sub-Contractor/Service Providers: None Security: Contractor/Service Provider shall provide a payment or labor and materials bond in an amount of at least 100 percent of the amount payable by the terms of the project contract and that satisfies the requirements of California Civil Code Section 9550. Other: Department of Industrial Relations (DIR)/Prevailing Wages Contractor and each of its subcontractors of every tier shall comply with all Federal and State law prevailing wage requirements for all persons employed to perform the Required Services, including but not limited to payment of prevailing wages at the specified rates. The prevailing wage rates are determined by the Department of Industrial Relations (DIR) and are available at Prior to commencing the Required Services, the Contractor shall provide the City with a list of its subcontractors and the classifications and wages of workers that will be employed to perform the Required Services. If the Contractor desires to modify the list during the term of the Agreement, Contractor shall immediately provide an updated list to the City. To verify compliance with State prevailing wage requirements, Contractor shall be registered with the required documentation directly to the DIR. Contractor and its subcontractors of every tier shall comply with all requirements of Labor Code section 1776. This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1771.4. In addition to Federal and State law prevailing wage requirements, Contractor shall also comply with the following in its performance of the Required Services: Labor Code 1815: One and one-half time rate of pay. City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 Contractor acknowledges and agrees that a failure to comply with any requirements of this section authorizes the City to withhold payments under the Agreement. Nothing contained in, or comply with any applicable Federal, State, or local law or regulation. Employment of Apprentices Contractor and its subcontractors of every tier shall comply with all requirements for employment of apprentices as provided by any applicable law or regulation, including but not limited to Labor Code sections 1777.5, 1777.6, and 1777.7. Information regarding apprenticeship standards, wage schedules, and other requirements may be obtained from the DIR. Non-Collusion Affidavit Prior to commencing the Required Services, Contractor shall provide a fully executed and properly notarized Non-Collusion Affidavit, in the form attached hereto and incorporated herein as Exhibit E. Prior to commencing the Required Services, Contractor shall provide a fully executed and and incorporated herein as Exhibit E. City of Chula Vista Amendment to Agreement No.: 2023-062 Consultant Name: GeoCal Environmental Management & Landscaping Rev. 8/23/16 ADMINISTRATIVEREGULATIONS T ENANT P ROTECTION O RDINANCE HOUSING & HOMELESS SERVICES Effective April 20,2023 Contents 020 Promulgation of Administrative Regulations ........................................................................... 3 A. Purpose of Administrative Regulations .............................................................................. 3 B. Organization of Administrative Regulations ....................................................................... 3 C. Governing Terms in the Event of Conflict ........................................................................... 3 D. Capitalized Terms ................................................................................................................ 3 E. Effective Date of Administrative Regulations ..................................................................... 3 F. Summarized Guide for CVMC 9.65 Requirements ............................................................. 3 G. Questions Regarding Administrative Regulations .............................................................. 3 H. Notification of Updates ....................................................................................................... 3 030 Definitions ................................................................................................................................ 4 A. Family Member. .................................................................................................................. 4 B. Substantial remodel. ........................................................................................................... 4 040 Residential Tenancies Not Subject to CVMC 9.65 ................................................................... 4 A. Notice of Tenancy Exempt from CVMC 9.65 ...................................................................... 4 B. Form of Notice .................................................................................................................... 4 060 Just Cause Required for Termination of Tenancy .................................................................... 4 A. Notice of Tenancy Protected by CVMC 9.65 ....................................................................... 4 B. Form of Notice .................................................................................................................... 4 070 Requirements Upon Termination of Tenancy ......................................................................... 5 A. Owner Notice to City Regarding Termination .................................................................... 5 1. Notice Not Required ......................................................................................................... 5 2. Notice Required................................................................................................................ 5 B. Content of Notice ................................................................................................................ 5 C. Form of Notice .................................................................................................................... 5 D. Delivery of Notice ............................................................................................................... 5 E. Tenant Information to City ................................................................................................. 6 F. Right of First Return Upon Termination of Tenancy for No-Fault Just Cause .................... 6 1. Tenant Right to Return to Unit for Two Years ................................................................. 6 2. Owner Notice to Tenant of Offer to Return ..................................................................... 6 1 | Page Tenant Protection Regulations April 20, 2023 3. Industry Screening Methods ............................................................................................ 7 4. Failure of Tenant to Accept Offer .................................................................................... 7 Appendices ...................................................................................................................................... 8 Appendix A Tenant Protection Ordinance Flow Chart (Guide Only) ........................................... i Appendix B Required Notice of Applicable Law for Properties EXEMPT FROM CVMC 9.65 \[Section 9.65.040(C)(2)\] ...............................................................................................................ii Appendix C Required Notice of Tenant Protections for Properties SUBJECT TO CVMC 9.65 \[Section 9.65.060(D)\] .................................................................................................................. iv Appendix D Mandatory Owner Notice to City Upon Residential Rental Complex No Fault Just Cause Termination of Tenancy ..................................................................................................... v Appendix E Voluntary Tenant Information Upon Residential Rental Complex Notice of No-Fault Just Cause Termination of Tenancy ............................................................................................ vi 2 | Page Tenant Protection Regulations April 20, 2023 020 Promulgation of Administrative Regulations A. Purpose of Administrative Regulations tation of Chapter 9.65. B. Organization of Administrative Regulations The section numbers of these Regulations correspond to the sections in CVMC 9.65. For example, Regulations section 070 below is intended to clarify or facilitate implementation of one or more provisions of CVMC 9.65.070. C. Governing Terms in the Event of Conflict To the extent of any conflict between these regulations and Chapter 9.65, the terms of Chapter 9.65 shall govern. D. Capitalized Terms Capitalized terms used herein shall have the same definitions provided in Chapter 9.65 except as otherwise provided. E. Effective Date of Administrative Regulations These Regulations, and any amendments thereto, are effective and enforceable in accordance with Chapter 9.65 thirty days after the date of publication of these Regulations location: www.chulavistaca.gov/landlordtenant. F. Summarized Guide for CVMC 9.65 Requirements The Tenant Protection Ordinance requirements are summarized in Appendix A, which is intended to be a guide only. G. Questions Regarding Administrative Regulations Users are encouraged to seek their own legal counsel to aid in understanding the requirements of these Regulations and CVMC 9.65. For any general questions regarding the Regulations, you may call (619) 691-5047 or visit www.chulavistaca.gov/landlordtenant for Frequently Asked Questions (FAQs). H. Notification of Updates Individuals who wish to receive notifications related to the Ordinance and Regulations may sign up for the Tenant Protection Ordinance listserv at: www.chulavistaca.gov/landlordtenant. 3 | Page Tenant Protection Regulations April 20, 2023 030 Definitions A. Family Member. For purposes of CVMC 9.65.030, the term means all legal children of the residential unit Owner, including step children and adopted children. B. Substantial remodel. For purposes of Chapter 9.65, the City may rely on the City regarding compliance with the required criteria described in CVMC 9.65.030. 040 Residential Tenancies Not Subject to CVMC 9.65 A. Notice of Tenancy Exempt from CVMC 9.65 CVMC 9.65.040(C)(2) requires an Owner to provide notice to certain tenants whose tenancies are exempt from Chapter 9.65. In accordance with Civil Code section 1632, if the rental lease or agreement is negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, a translation of the CVMC 9.65.020(C)(2) notice must be provided in the same language in which the lease or agreement was negotiated. B. Form of Notice The form attached as Appendix B (provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) complies with the requirements of CVMC 9.65.040(C)(2) and may be used by Owners. A substantially equivalent form may also be used. 060 Just Cause Required for Termination of Tenancy A. Notice of Tenancy Protected by CVMC 9.65 CVMC 9.65.060(D) requires an Owner to provide notice to certain tenants whose tenancies are protected by Chapter 9.65. In accordance with Civil Code section 1632, if the rental lease or agreement is negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, a translation of the CVMC 9.65.020(D) notice must be provided in the same language in which the lease or agreement was negotiated. B. Form of Notice The form attached as Appendix C (provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) complies with the requirements of 9.65.060(D) and may be used by Owners. A substantially equivalent form may also be used. 4 | Page Tenant Protection Regulations April 20, 2023 070 Requirements Upon Termination of Tenancy A. Owner Notice to City Regarding Termination 1. Notice Not Required Owners are not required to notify City of At-Fault Just Cause terminations. 2. Notice Required In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required to notify City of No-Fault Just Cause terminations (intent to occupy by Owner or Family Member, compliance with a government or court Order, withdrawal from the rental market, substantial remodel or complete demolition) within 3 business days of such notice being served to the tenant. This mandatory information is intended to be used by the City in assessing available resources and for data collection purposes to track no-fault terminations of tenancy in the City. B. Content of Notice A CVMC 9.65.070(B) notice by Owner to City of a No-Fault Just Cause termination must contain the following information: Property Address; Owner name, phone and email; Number of total units within complex; Number of units vacant at time of noticing; Number of termination notices issued; Contracted rent at time of notice, for all terminated tenancies; and Copy of all termination notices. C. Form of Notice The form attached as Appendix D complies with the requirements of CVMC 9.65.070(B) and may be used by Owners. A substantially equivalent form may also be used. D. Delivery of Notice Notice must be delivered to the City within three business days of the date the termination notice was issued to the Tenant. Such notice shall be provided via the methods identified in the table below. Confirmation of delivery will be provided by City to Owner as noted in the table. In all cases, Owner is advised to retain a copy of such notice as proof of delivery. 5 | Page Tenant Protection Regulations April 20, 2023 Acceptable No-Fault Termination of Delivery Confirmation Tenancy Delivery Formats Hand delivery to City at: Hand stamped & signed copy of delivery packet. City of Chula Vista Housing & Homeless Services 276 Fourth Avenue Chula Vista, CA 91910 Web based form found at Email confirmation generated by form. www.chulavistaca.gov/landlordtenant USPS Certified Mail to: USPS Certified Mail Confirmation Receipt. City of Chula Vista Housing & Homeless Services 276 Fourth Avenue Chula Vista, CA 91910 E. Tenant Information to City Upon receipt of a termination of tenancy notice from an Owner, the City may the Tenant. The Tenant Information Inquiry is not required to be completed by Tenant. Any information voluntarily provided by Tenant is intended to be used by City to prescreen the Tenant for possible housing program eligibility or other available resources. F. Right of First Return Upon Termination of Tenancy for No-Fault Just Cause 1. Tenant Right to Return to Unit for Two Years Tenants who indicated a desire to consider an offer to renew the tenancy shall have the right to return to the unit that they were terminated from if the Residential Rental Unit in a Residential Rental Complex they were terminated from is offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated. The Tenant must notify the Owner of their intent to accept an offer to rent or lease the Residential Rental Unit within 14 days of their receipt of the offer, and must enter into a new rental agreement or lease for the Residential Rental Unit within 45 days of their receipt of the offer. 2. Owner Notice to Tenant of Offer to Return In accordance with 9.65.070(C)(5), an Owner shall first offer the Residential Rental Unit for rent or lease to the Tenant displaced from that unit by the No-Fault Just Cause termination if the Tenant advised the Owner of their prior desire to consider an offer to renew the Tenancy and provided a place to direct such offer. Such notice must inform the 6 | Page Tenant Protection Regulations April 20, 2023 Tenant that: (1) the Tenant must notify the Owner of their intent to accept the offer within 14 days of their receipt of the offer; and (2) if the Tenant intends to accept the offer, the Tenant must enter into a new rental agreement or lease for the Residential Rental Unit within 45 days of their receipt of the offer. 3. Industry Screening Methods In accordance with 9.65.070(C)(5), the Owner shall have the right to screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for the new Tenancy. Such accepted screening criteria may include proof of identity, verification of employment and income, a review an applicant's rental history, credit history, and criminal background, and shall be consistent with screening criteria required for all other market rate units offered for rent by Owner. 4. Failure of Tenant to Accept Offer If the Tenant has failed to new rental agreement or lease for the offered unit within 45 days of the date of the offer, the Owner may consider the offer rejected. 7 | Page Tenant Protection Regulations April 20, 2023 Appendices (Page Intentionally Left Blank) 8 | Page Tenant Protection Regulations April 20, 2023 Appendix A Tenant Protection Ordinance Flow Chart (Guide Only) i | Page Guidelines to CVMC 9.65 April 20, 2023 Appendix B Required Notice of Applicable Law for Properties EXEMPT FROM CVMC 9.65 \[Section 9.65.040(C)(2)\] This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to Just Cause requirements of Section 1946.2 of the Civil Code and Chapter 9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.040(C) of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation. Esta propiedad no está sujeta a los límites de alquiler impuestos por la Sección 1947.12 del Código Civil y no está sujeta a los requisitos de Causa Justa de la Sección 1946.2 del Código Civil y el Capítulo 9.65 del Código Municipal de Chula Vista. Esta propiedad cumple con los requisitos de las secciones 1947.12(d)(5) y 1946.2(e)(8) del Código Civil y la sección 9.65.040(C) del Código Municipal de Chula Vista, y el Propietario no es ninguno de los siguientes: (1) un fideicomiso de inversión en bienes raíces, según se define en la Sección 856 del Código de Rentas Internas; (2) una corporación; o (3) una sociedad de responsabilidad limitada en la que al menos un miembro es una corporación. (Spanish) (California Civic Code) 1947.12 (California Civic Code) 1946.2 (Chula Vista Municipal Code) 9.65 (California Civic Code) 1947.12(d)(5) 1946.2(e)(8) (Chula Vista Municipal Code) 9.65.040(C) : (1) (Section 856 of the Internal Revenue Code) 856 (2) (3) (Chinese) Ang ari-arian na ito ay hindi napapailalim sa mga limistasyon sa upa/renta na ipinataw ng Seksyon 1947.12 ng Civil Code at hindi napapailalim sa mga kinakailangan ng Dahilan na Naaayon sa Pamantayan (Just Cause) Seksyon 1946.2 ng Civil Code at Chapter 9.65 ng Municipal Code ng Chula Vista. Nakakatugon ang ari-arian na ito sa mga kinakailangan ng mga seksyon 1947.12(d)(5) at 1946.2(e)(8) ng Civil Code at seksyon 9.65.040(C) ng Municipal Code ng Chula Vista, at ang May-ari ay hindi alinman sa mga sumusunod: (1) isang real estate investment trust, gaya ng tinukoy sa Seksyon 856 ng Internal Revenue Code; (2) isang korporasyon; o (3) isang kompanyang limitado ang pananagutan (limited liability company) kung saan hindi bababa sa isang miyembro ay isang korporasyon. (Tagalog) (Cont.) ii | Page Tenant Protection Regulations April 20, 2023 Page 2 - Required Notice of Applicable Law for Properties EXEMPT FROM CVMC 9.65 \[Section 9.65.040(C)(2)\] Tài sn này không b ng bi các gii hn tin thuê theo Mc 1947.12 ca B lut Dân s và không b ng bi các yêu cu v a Mc 1946.2 ca B lut Dân s a B lut Thành ph Chula Vista. Bng sng các yêu cu ca các mc 1947.12(d)(5) và 1946.2(e)(8) ca B lut Dân s và mc 9.65.040(C) ca B lut Thành ph Chula Vista và Ch s hu không phi là bt k y thác ng sc 856 ca B lut Doanh thu Thu Na; (2) mt tc (3) công ty trách nhim hu ht mt thành viên là mt t (Vietnamese) 1947.12 1946.2 9.65 . 1947.12(d)(5) 1946.2(e)(8) 9.65.040(C) . : (1) IRS 856 (2) (3) (Korean) iii | Page Tenant Protection Regulations April 20, 2023 Appendix C Required Notice of Tenant Protections for Properties SUBJECT TO CVMC 9.65 \[Section 9.65.060(D)\] California law limits the amount your rent can be increased. See Civil Code section 1947.12 for more information. Local law also provides a landlord must provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are elderly (62 years or older) or disabled may be entitled to additional tenant protections. See Chula Vista Municipal Code chapter 9.65 for more information. La ley de California limita la cantidad que puede aumentar su alquiler. Consulte la sección 1947.12 para obtener más información. La ley local también establece que el Propietario debe proporcionar una declaración de causa en cualquier notificación para rescindir un contrato de Arrendamiento. En algunas circunstancias, los Inquilinos de edad avanzada (62 años o más) o discapacitados pueden tener derecho a protecciones adicionales para Inquilinos. Consulte el capítulo 9.65 del Código Municipal de Chula Vista para obtener más información. (Spanish) (California Civic Code) 1947.12 62 (Chula Vista Municipal Code) 9.65 (Chinese) Nililimitahan ng batas ng California ang halaga na maaaring itaas ng iyong upa/renta. Tingnan ang Civil Code seksyon 1947.12 para sa karagdagang impormasyon. Isinasaad rin ng lokal na batas na ang isang May-ari ay dapat magbigay ng pahayag ng dahilan sa anumang abiso/pabatid upang wakasan ang isang Pangungupahan (Tenancy). Sa ilang mga pagkakataon, ang Mga Nangungupahan na may edad na (62 taon o mas matanda) o may kapansanan ay maaaring may karapatan sa karagdagan mga proteksyon ng Nangungupahan. Tingnan Minicipal Code ng Chula Vista chapter 9.65 para sa karagdagang impormasyon. (Tagalog) Lut pháp California gii hn s tin thuê nhà ca bn có th b n B lut Dân s bit thêm thông tin. Lunh rng Ch s hu phi v nguyên nhân trong bt k chm dt Hng thuê nhà. Trong mt s ng hi cao tui (62 tui tr lên) hoi khuyt tt có th ng các bin pháp b sung bo v i thuê nhà. Xem B lut Thành ph bit thêm thông tin. (Vietnamese) . 1947.12. . (62 ) . 9.65 . (Korean) iv | Page Tenant Protection Regulations April 20, 2023 Appendix D Mandatory Owner Notice to City Upon Residential Rental Complex No Fault Just Cause Termination of Tenancy Per Chapter 9.65.070(B)(1)(b) of the Chula Vista Municipal Code Residential Rental Complexes (three or more units) that serve a no-fault termination of tenancy notice to tenants due to removal from market, demolition or substantial remodel are REQUIRED to submit each termination of tenancy along with the information contained in this form, or a substantial equivalent within 3 business days of the termination notice being served to the tenant. ŷźƭ ƒğƓķğƷƚƩǤ źƓŅƚƩƒğƷźƚƓ ƭŷğƌƌ ĬĻ ǒƭĻķ ĬǤ ƷŷĻ /źƷǤ źƓ ğƭƭĻƭƭźƓŭ ğǝğźƌğĬƌĻ ƩĻƭƚǒƩĭĻƭ ğƓķ ŅƚƩ ķğƷğ ĭƚƌƌĻĭƷźƚƓ ƦǒƩƦƚƭĻƭ Ʒƚ ƷƩğĭƉ ƓƚΏŅğǒƌƷ ƷĻƩƒźƓğƷźƚƓƭ ƚŅ ƷĻƓğƓĭǤ źƓ ƷŷĻ /źƷǤ͵ Complex Information Complex Name: _____________________________________________ Complex Address: ___________________________________________ Chula Vista, ___________(zip code) Owner Information Owner Name: ______________________________________________ Owner Phone #: (_____)______-__________ Owner email: ________________________ Units Impacted Number of Units in Complex: ________________ Number of Vacant Units: _______________ Number of Tenants Served a Termination Notice: _____________ Current contracted rent for each unit issued a termination of tenancy: Unit # Contracted Unit # Contracted Unit # Contracted Unit # Contracted Rent at time Rent at time Rent at time Rent at time of Notice of Notice of Notice of Notice (Attach pages as needed) Please return the complete form to: Or via email to: City of Chula Vista - Housing & Homeless Services affhousing@chulavistaca.gov 276 4th Avenue, Chula Vista, CA 91910 Questions: Please call the Housing Line at 619-691-5047. v | Page Tenant Protection Regulations April 20, 2023 Appendix E Voluntary Tenant Information Upon Residential Rental Complex Notice of No-Fault Just Cause Termination of Tenancy The City is reaching out to you since you were identified as an impacted resident for a no-fault termination of tenancy. This voluntary information will be used for data collection purposes to track no-fault terminations of tenancy in the City and may be used by the City in assessing available resources. three or more units) that serve a no-fault termination of tenancy notice to tenants due to removal from market, demolition or substantial remodel are required to submit information to the City regarding all impacted tenants. Impacted Address Address Unit # City, State Zip Code Chula Vista, CA Contact Last Name, First Name, MI Contact Phone Number Email Address ( ) - Household Demographics Total number of adult(s) in your existing household: ___________ Total number of minors (under the age of 18) in your existing household: ________ Last Name, First Name, MI Marital Status Single Married Widowed Divorced Separated Best Contact Phone White Black/African American Hispanic/Latino Number Non-Hispanic Asian American Indian/Alaska Native Pacific Islander ( ) - Other 1. What is your preferred language? !English vi | Page Tenant Protection Regulations April 20, 2023 !Spanish !Other: ___________________ 2. Are you receiving or have you ever received rental assistance from the City of Chula Vista or from another agency? !Yes !No Household Income List ALL occupants residing in the household, including the head of household: Last Name, First Name, MI Marital Status Single Married Widowed Divorced Separated Best Contact Phone White Black/African American Hispanic/Latino Number Non-Hispanic Asian American Indian/Alaska Native Pacific Islander ( ) - Other Address City, State Zip Code Chula Vista, CA 1._______________________________ ______ _____________________________ Head of Household $______________________________ ____________________________________ Monthly Income and Source(s) 2._______________________________ ______ _____________________________ Name, Age, and Relationship to Head of Household $______________________________ ____________________________________ Monthly Income and Source(s) 3._______________________________ ______ _____________________________ Name, Age, and Relationship to Head of Household $______________________________ ____________________________________ Monthly Income and Source(s) 4._______________________________ ______ _____________________________ Name, Age, and Relationship to Head of Household $______________________________ ____________________________________ Monthly Income and Source(s) (Use additional paper if you need more space) vii | Page Tenant Protection Regulations April 20, 2023 Certification I certify that the above information provided is true and complete. _______________________________________ _____________________ Head of Household Signature Date Please return the complete form in person or by mail to: City of Chula Vista Housing & Homeless Services 276 4th Avenue Chula Vista, CA 91910 Or via email: affordablehousing@chulavistaca.gov Questions: Please call the Housing Line at 619-691-5047 or email affhousing@chulavistaca.gov. viii | Page Tenant Protection Regulations April 20, 2023 !¯±¨« ΑΔǾ ΑΏΑΒ ! ! )4%- TITLE Njmjubsz!Frvjqnfou!Vtf!Qpmjdz;!Dpotjefs!uif!Boovbm!BC!592!Njmjubsz!Frvjqnfou!Sfqpsu-!Sfwjfx!Fyjtujoh! 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ATTACHMENTS Buubdinfou!2;!Psejobodf!Op/!4631! Buubdinfou!3;!Qspqptfe!Bnfoenfout!up!Qpmjdz!825!xjui!tusjlfpvut!boe!beejujpot!jefoujgjfe! Buubdinfou!4;!3133!Divmb!Wjtub!Boovbm!Njmjubsz!Frvjqnfou!Vtf!Sfqpsu!!! tğŭĻ ΋ Ў ! 3³ ¥¥ #®³ ¢³Ȁ # ¯³ ¨ $ 0¤ ª tğŭĻ ΋ Џ ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CHULA VISTA POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY, AUTHORIZING FUTURE AMENDMENTS TO THE POLICY BY RESOLUTION, AND MAKING FINDINGS REGARDING THE POLICY AND ANNUAL MILITARY EQUIPMENT REPORT WHEREAS, on September 30, 2021, the Governor of the State of California approved AB the California Government Code, Sections 7070 to 7075; and WHEREAS, AB 481 requires a law enforcement agency to obtain annual approval of a military equipment policy by its governing body in order to seek funding for, acquire new, or use existing military equipment; and WHEREAS, AB 481 requires a law enforcement agency to develop a written policy that includes a description of each type of military equipment, its purpose and use, the fiscal impact of such equipment, the rules that govern use of such equipment, and the mechanisms in place to assure compliance with the policy; and WHEREAS, on May 3, 2022, the Chula Vista City Council reviewed the Chula Vista Government Code 7071(d), and approved it via Ordinance No. 3520; and WHEREAS, AB 481 requires a law enforcement agency to submit an annual report to the governing body for each type of military equipment approved in the written policy; and WHEREAS, AB 481 requires the governing body to review the annual acquisition and use of military equipment, as specified in the report, and to determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d); and WHEREAS, AB 481 additionally requires the governing body to vote annually on whether to renew or modify the military equipment policy previously approved; and WHEREAS, on April 25, 2023, the Chula Vista Police Department submitted its 2022 annual military equipment report to the Chula Vista City Council; and WHEREAS, on April 25, 2023, the Chula Vista City Council reviewed the annual acquisition and use of military equipment and considered whether to renew or modify Policy 714, including consideration of a proposed amendment to Policy 714 to include additional equipment descriptions under the unmanned aircraft and specialized firearm type categories, to delete equipment no longer in use, and to confirm that the Police Chief is authorized to order replacements of the types of equipment authorized in the policy, as well as additional equipment of the same type; and C:\\Program Files\\eSCRIBE\\TEMP\\1732615517\\1732615517,,,Proposed Ordinance re 23-0123.docx Ordinance Page 2 WHEREAS, the City Council desires to specify that future amendments to the Military Equipment Policy may be authorized by Resolution of the City Council. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Findings A. The City Council of the City of Chula Vista hereby finds as follows: 1. The military equipment reflected in the amended Chula Vista Police Department Military Equipment Policy, attached as Exhibit 1, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The amended Chula Vista Police Department Military Use Policy will safeguard the liberties. 3. Purchased equipment identified in the amended Chula Vista Police Department Military Equipment Policy 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 Chula Vista Police Department Military Equipment Policy that was in effect at the time. B. The City Council of the City of Chula Vista hereby finds that each type of equipment identified in the Chula Vista Police Departme the standards of approval set forth in Government Code 7071(d). Section II. Action A. The City Council of the City of Chula Vista hereby approves the amended Chula Vista Police Department Military Equipment Policy, Policy 714, as reflected in Exhibit 1, in accordance with Government Code sections 7071(a) and 7071(e). B. Future amendments to the Chula Vista Police Department Military Equipment Policy, Policy 714, may be authorized by Resolution of the City Council of the City of Chula Vista. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction Ordinance Page 3 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form By: Chief Roxana Kennedy Jill D.S. Maland Chula Vista Police Department Lounsbery Ferguson Altona & Peak Acting City Attorney Chula Vista Police Department Policy Chula Vista PD Policy Manual 714 Military Equipment 714.1 PURPOSE AND SCOPE This Department policy establishes guidelines for the use, training, approval, and procurement of existing military equipment and future military equipment acquisitions in accordance with California Assembly Bill 481 (AB 481), codified in California Government Code § 7070-7075. Additionally, this policy outlines the fiscal impact and specific descriptions of existing military equipment within the Department's inventory. 714.1.1 BACKGROUND On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of a military equipment policy by the applicable governing body (The Chula Vista City Council). The Department is required to seek approval of this military equipment use policy from the governing body at a regular open meeting prior to the Department taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the policy only if it determines that the military equipment meets specified standards. The policy is subject to annual review by the governing body to determine whether, based on an annual military equipment report, the standards set forth in the approving policy have been met. The governing body may renew the authorizing policy, disapprove authorization for particular military equipment where standards have not been met, or require modifications to this military equipment use policy to address any non-compliance with standards. Finally, the bill requires publication of this military equipment use policy and the annual military equipment report on the Department's website. The military equipment use policy must be posted on the website at least 30 days prior to the City Council meeting. 714.1.2 DEFINITIONS wing definitions are applicable only to the Department's current Pursuant to AB 481, the follo military equipment inventory and potential future military equipment acquisitions for operational needs. (For a detailed list, refer to California Government Code § 7070, for "military equipment" as defined within the assembly bill.) Governing body - The Chula Vista City Council. Military equipment - Items defined by California Government Code § 7070(c)(1) through (c)(16). The definition 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. • However, police versions of standard consumer vehicles are specifically excluded from this definition. 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. Copyright Lexipol, LLC All Military Equipment - 1 Rights Reserved. Published with permission by Chula Vista Police Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 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. (Note that none of the Chula • Vista Police Department's drones are weaponized). Battering rams, slugs, and breaching apparatus that are explosive in nature. However, • items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. 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 under California Penal Code § 30510 and California Penal Code § 30515 with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard service-issued handheld • pepper spray. Taser ® Shockwave, microwave weapons, water cannons, and long-range acoustic • devices (LRADs). Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require • additional oversight. Military equipment use policy - refers to this Department policy and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following: 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. The purposes and authorized uses for which the Department proposes to use each • type of military equipment. 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. The legal and procedural rules that govern each authorized use. • The training, including any course required by the Commission on Peace Officer • Standards and Training, that must be completed before any sworn member is authorized 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. Military Equipment - 2 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 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. 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 Department will ensure that each complaint, concern, or question receives a response in a timely manner. Law enforcement agency means any of the following: 1.A policedepartment,includingthepolicedepartmentof a transitagency,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 office. 714.1.3 MILITARY EQUIPMENT USAGE GUIDELINES ista Police Department retains and employs a wide variety of equipment, some The Chula V of which is defined as military equipment by California Government Code § 7070, to assist in maintaining public safety by providing the highest quality police services to our community. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training (POST), has been completed, unless exigent circumstances arise. Any military equipment acquired and authorized by the Department must be necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety and be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (California Government Code § 7071 (d)(1)(A)(C)). Additionally, it is the policy of the Chula Vista Police Department that its military equipment be used to safeguard the public's welfare, safety, civil rights, and civil liberties (California Government Code § 7071(d)(1)(B)). The Chula Vista Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific Military Equipment - 3 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers. 714.2 POLICY It is the policy of the Chula Vista Police Department that members of this Department comply with the provisions of California Government Code § 7071 with respect to military equipment. 714.3 MILITARY EQUIPMENT COORDINATOR The Professional Standards Unit manager or their designee will act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: 1.Acting as liaison to the governing body for matters related to the requirements of this policy. 2.Identifying the Chula Vista Police 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. 3.Conducting an annual inventory of all military equipment at least annually. 4.Preparing for, scheduling, and/or coordinating the annual community engagement meeting to include: (a)Ensuring the details of the meeting are publicized. (b)Preparing for public questions regarding the Department's funding, acquisition, and use of the equipment. 5.Preparing the annual military equipment report for submission to the Chief of Police, and ensuring that the report is made available on the Department's website (California Government Code § 7072). 6.Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 714.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Chula Vista Police Department: (See attachment A for the Chula Vista Police Department military equipment list) 714.5 APPROVAL The Chief of Police or their designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or their 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 regular meeting of the City Council concerning the military equipment at issue (California Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (California Government Code § 7071): Military Equipment - 4 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 1.Requesting military equipment made available pursuant to 10 USC § 2576a. This section is also commonly referred to as the Defense Logistics Agency 1033 Program. The Chula Vista Police Department does not participate in this program, 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. 4.Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. 5.Usinganyneworexistingmilitaryequipmentfor a purpose,in a manner,orby a person not previously approved by the governing body. 6.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. 7.Acquiring military equipment through any other means. 714.6 ANNUAL MILITARY EQUIPMENT REPORT Upon approval of a military equipment policy, the Chief of Police or their 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 (California Government Code § 7072). The Chief of Police or their designee shall also make each annual military equipment report publicly available on the Chula Vista Police Department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code § 7072 for the preceding calendar year for each type of military equipment in the Chula Vista Police Department inventory. The military equipment report shall, at a minimum, include the following information from the immediate previous calendar year for each type of military equipment: 1.A summary of how the military equipment was used and the purpose for 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, consistent with state law and employee privacy restrictions. 4.The total annual cost for each type of military equipment. 5.The quantity possessed for each type of military equipment. 6.If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Military Equipment - 5 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment The governing body will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the governing body determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use procedure in a manner that will resolve lack of compliance. 714.7 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual military equipment 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. (California Government Code § 7072(b)). 714.8 COORDINATION WITH OTHER JURISDICTIONS On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for mutual aid is governed under PDM 352 - Outside Agency Assistance. In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e. civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When sworn Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply: 1.Department members are required to adhere to the Department's Military Equipment policy and all policies and procedures outlined within the Chula Vista Police Department's Policy and Procedures Manual, regardless of operational jurisdiction. 2.Should the Chula Vista Police Department request mutual aid from another law enforcement agency within the City of Chula Vista military equipment is required during the course of the response, the following shall apply: (a)The Chula Vista Police Departmentshall remain in charge of the overall incident command. (b)The Incident Commander or their designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident. (c)The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment. Military Equipment - 6 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment (d)If the Incident Commander is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission. 714.9 MILITARY EQUIPMENT USAGE ACCOUNTABILITY 1.The use of military equipment is subject to individual Department policies and procedures. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring an incident to a safe resolution. 2.Department members are bound to adhere to Department policies and procedures, in addition to state and local laws and ordinances when employing the use of the military equipment at any time. Violations of the law or Department Policies or Procedures may result in criminal or administrative investigations and/or actions. 3.Administrative investigations concerning complaints related to military equipment will be conducted in accordance with PDM 1019 - Personnel Complaints. 714.10 MILITARY EQUIPMENT MAINTENANCE AND INVENTORY All military equipment should be properly maintained and stored as set forth by Department policies and procedures or in the absence of that, by manufacturer guidelines. 714.11 TESTING AND EVALUATION OF MILITARY EQUIPMENT FOR POTENTIAL FUTURE ACQUISITION While the Department's current inventory of military equipment is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of military equipment in the current catalog. From time to time, certain equipment vendors and/or manufacturers may loan certain military equipment items to the Department for testing by various units to conduct assessments involving feasibility of use, cost analysis, effectiveness, and training efficacy. This process is commonly referred to as "Testing and Evaluation" (T & E). During the testing and evaluation process, various units and/or subject matter experts conduct assessments of the equipment being tested and opine the viability of whether or not an item of military equipment should be considered for Department use. Military equipment that is being tested shall not be used operationally without approval from the Chief of Police or their designee. The following limitations shall apply should the Department receive military equipment for the testing and evaluation process: Military Equipment - 7 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 1.Only similar militaryequipment within the Department's current military equipment inventory may be used for Testing and Evaluation. Examples might include but are not limited to: (a)Similar firearms by a manufacturer other than those approved in the current inventory (b)Similar UAS platforms featuring a different make and/or model other than those approved in the current inventory. (c)Similar diversionary devices or chemical agents featuring a different make and/ or model other than those in the current inventory, etc. 2.Militaryequipmentthatis not similartotheDepartment'scurrentmilitaryequipment inventory must be approved through the governing body and Chief of Police or their designee, prior to the acquisition for the testing and evaluation process. Examples include but are not limited to: (a)New military equipment technology not currently approved or currently in use by the Department. (b)Firearms as defined under military equipment that operate with a different weapons platform other than what is approved or currently in use by the Department (i.e. bullpup platform, higher caliber weapon than what is in the current inventory, etc.). Military equipment items that have been assessed and recommended for final approval after undergoing the testing and evaluation process must be approved by the governing body and the Chief of the Police or their designee prior to be being formally acquired for Department inventory and operational use. 714.12 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES In some instances, the application and use of military equipment can cause questions and/ or concerns for members of the community. It is of vital importance that community members' questions regarding the application and use of military equipment are addressed. The Chula Vista Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. 1.Complaints directly related to the application or use of military equipment shall be handled in accordance with PDM 1019 - Personnel Complaints. Individuals from the public may file complaints in any form, including in writing, by email, in person, or by telephone. 2.The Professional Standards Unit will maintain statistical data concerning the number and types of complaints regarding military equipment. Military Equipment - 8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 3.The Chula Vista Police Department values open communication and transparency. Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner: (a)Via the Department's website (in the "Contact Us" section), the public can communicate specific military equipment related questions, comments, or concerns to the Department. The Department will respond to the submissions at least quarterly. (b)At pre-determined community engagement meetings related to military equipment. (c)At City Council meetings related to military equipment. (d)Inallothercircumstances,thepublicshouldbedirectedtotheDepartment Military Equipment policy and Annual Military Equipment Report available on the Chula Vista Police Department website. Military Equipment - 9 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) \[*NOTE: The inventory of certain items of consumable military equipment (i.e.ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this attachmentreflects approximations of certain consumable items of military equipment at the time of this policy A.Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1.Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely. Descriptionand capabilities: a.DJI MAVIC MINI 2, Miniature UAS that weighs approx..249 gramsand canrecord video and audio with approximately 30 minutes of flight time. b.DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 gramsand has video recording capabilities, approx. 27 minutes of flight time. c.DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker,and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of flight time. d.DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker,and light. Weighsapprox. 1100 grams, approx. 31 minutes of flight time. e.DJI M300 with HT20, UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. f.DJI M210v2 with z30, UAS that has 35 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140grams. Has video recording capabilities. g.DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. h.DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of flight time. i.DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of flight time. j.SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of flight time. 1 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) k.SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutesof flight time. l.PARROT ANAFI,UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of flight time. m.BRINC LEMUR S,UAS with 1080p HD and IR camera, weighs1088 grams. Has video recording capabilities, approx. 31 minutes of flight time. n.DJI AVATA,UAS with 4K camera, weighs approx. 410 grams. Has video recording capabilities, approx. 18 minutes of flight time. Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: Major collision investigations Search for missing or wanted persons Fires Major incidents Calls for service Natural disaster management Crime scene photography SWAT, tactical or other public safety and life preservation missions In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Expected Lifespan All UAS equipment, 3-5 years. 2 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact(with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model / ManufacturerQuantityInitial Fiscal Impact (FY 22& 23) Cost(Approx. for maintenance and (Per Unit)repair) DJI MAVIC MINI 22$400$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI INSPIRE 21$3299$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE4$2399$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED1$6500$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 3 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) DJI M300 with H20T7$25,000$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M210v2 with z302$32,000$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI PHANTOM 41$1600$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ZOOM1$1999$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 4 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) DJI MAVIC PRO1$1289$50,000 Maintenance and battery replacementcost for the entire drone fleet. (Includes all UAS equipment). SKYDIO 24$999$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment. SKYDIO X2 (Color/Thermal2$14,499$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). PARROT ANAFI1$2000$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 5 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) BRINC LEMUR S2$22,996$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI AVATA2$1,388$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administrationfor UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613UAS Operations, and the FAA Regulation 14CFR Part 107. It is the policy of the CVPD to utilize UAS only for official law enforcementpurposes, and inamanner that respects the privacy of our community, pursuant to technology policies, along withState and Federal Law. 2.Robot:An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Descriptionand capabilities: a.ROBOTEX AVATAR III,the RobotexAvatar III is a heavy-duty robot. It has stair climbing ability and an arm capableofremote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT team, however, it can be 6 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) used for other authorized patrol functions.It operatesas a de-escalation tool in a variety of capacities (see Purpose section below). Purpose To be deployed when its usewould assist officers or incident commanders with the following situations, which include but are not limited to: Remotely gain visual/audio data Deliverphoneduring hostage/barricaded subject negotiations Open doors Disruptsuspicious/dangerous packages Training/authorized public exhibition Authorized Use Onlysworn personnelwho have shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Quantity, Cost,and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model / ManufacturerQuantityInitial CostFiscal Impact (FY 22& 23) (Per Unit)(Approx. for maintenance and repair) ROBOTEX AVATAR III1$40,793.56$1300.54 (Battery and misc. repair) 7 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Training All robot operatorsmust complete in-house training in the use, function, and deployment of the robot bytrained robot operators. Legal and Procedural Rules The use of the robot is for official law enforcement purposesonly, and inamanner that respects the privacy of our community, pursuant to Stateand Federal Law. B.Command and ControlVehicles 1.Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access toPolice Department computer systems, and restroom facilities on extended events. Descriptionand capabilities: a. Freightliner M2-106, The CP can also be utilized forSWAT/CNT and othercritical incidents, preplanned large events, searching formissing persons, natural disasters,and community events. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster,or community event that is taking place. Authorized Use The CP shall be operatedby officers trained in their deployment and in a mannerconsistent withState Law regarding the operation of motor vehicles. Furthermore,only officerswho have completed the California Class B Commercial drivertrainingprovided by theDepartment and properly licensed will be permittedto drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. 8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity,Cost, and Fiscal Impact Command and Control Vehicles Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance Manufacturer(Per Unit) and repair) Freightliner M2-1061$778,000$2000 Mobile Command Post Training All drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driverhas shown competence in the vehicle handling, the driver will operatethe vehicle throughout the City with an experienced driver. Driversshall also undergo California Department ofMotorVehiclescommercial vehicle testing. In addition, each drivershall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for official law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. 2.SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWATmembers access to equipment and uniforms during critical events. Descriptionand capabilities: a.Freightliner M2 106 chassis (custom build),TheSWATequipment truck is used as a mobile storage unit and is deployed to criticalincidents to provide SWAT team members rapid access to necessary equipment. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster,or community event that is taking place. Authorized use 9 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) The equipment truck shall be used by officers trained in its deployment and in a manner consistent with Department training. Officers with a valid California Class C license may operate theequipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) Freightliner M2 106 chassis 1$406,286.24$7008 (custom build) SWAT equipment truck Training Driversshall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driverhas shown competence in vehicle handling, the drivermayoperatethe vehicle for authorized use. Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Lawregarding the operation of motor vehicles. C.Armored Personnel Carriers 1.Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. 10 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Descriptionand capabilities: a. 2011 LENCO BEARCATG2,The Lenco Bearcat, G2,is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for saferescue of injured citizens and officers. It can stop various projectiles, which providesgreater safety to citizens and officers beyond the protection level of shield and personalbody armor. Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the specific circumstances of a given critical incident. Officers may deploy the armored vehicle during exigent circumstances, such as officer/citizen rescues, withoutprior approval. If deployed under exigent circumstances, a supervisor shall be notifiedas soon as practical. Armored vehicles shall only be used by officers trained intheir deployment and in a manner consistent with Departmenttraining. Expected lifespan Lenco Bearcat model G2 25 years. Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) 2011 LENCO BEARCAT G21$315,518.65$5000 11 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Training The drivershall receive training in the safe handling of the vehicle by aDepartment-qualified driver. Once the driverhas shown competence in vehicle handling, the drivermayoperatethe vehicle for authorized use. Legal and Procedural Rules All drivers Thevehicle shall be operated in accordance with State Law regarding the operation ofmotor vehicles. D.Specialty Impact Munition Weapons (SIM)and Associated Munitions 1.40 MMLaunchers and Munitions:40 MMlaunchers are utilized by SWAT and Mobile Field Force (MFF) personnel as a less lethal tool to launch less lethal impactandchemical agentrounds. Descriptionand capabilities: a.DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER#1440,the 40 MM Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. b.PENN ARMS, 40 MM SINGLE SHOT LAUNCHER#GS0490,the40 MM Single Launcher is a tactical single shot launcher. It will fire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT and Mobile Field Force (MFF) personnel. c.DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATORMUNITION#2262,aless lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard,and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance,and/or incapacitation of potentially violent or dangerous subjects. 12 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Purpose To limit the escalation of conflict where employment of lethal force is prohibitedor undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Expected lifespan Defense Technology #1425 -25 years Defense Technology #1440 -15 years Penn Arms #GS4090 -No lifespan indicated by manufacturer Defense Technology Model 2262 Liquid Barricade Penetrator -5 years Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MMLaunchers Fiscal Impact (FY 22&23) Equipment Name and Model / ManufacturerQuantityInitial Cost (Approx. for maintenance and (Per Unit) repair) DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT 1$1987.50$50 (per unit) LAUNCHER # 1440 PENN ARMS, 40 MM SINGLE SHOT LAUNCHER 4$1000$50 (per unit) #GS0490 13 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID 33$19.85Pending City Council BARRICADE PENETRATOR MUNITION#1262Approval, purchase order in process for obtaining qty 50 of the newer version # 2262 @ $24.60 each= $1,230. Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal or chemical agent instructors. SWAT and MFF personnel receive additional training annually. SWAT operators who utilize thesemunitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certified chemical agent instructors. Legal and Procedural Rules Use is established under the CVPD PDM 308 -Control Devices and Techniques policy and PDM 300 -Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Impact Munitions (SIMS)and associated munitions for official law enforcementpurposes, and pursuant to State and Federal Law,including those regarding the useof force. 2.SIM barrel conversion kits and SIM training projectiles:Adesignated barrel or bolt used in a standard firearm or handgun that when fired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to fire standard ammunition. These are non-operational rounds and non-operational weapons systems. They are used for training purposes only. Descriptionand capabilities: a.FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES,the bolt assembly includes a bolt carrier group that converts the AR-15/M4 rifle into effective weapons designed to fire force on force 5.56mm paint marker rounds and prevent the firing of lethal ammunition.These bolts are used for training only. b.SIMUNITION SIG SAUER P226 SIMUNITION CONVERSION KITS,the SimunitionConversion Kit includes abarrel and rampthat converts the Sig Sauer P226 Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition.These conversion kits are used for trainingonly. 14 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) c.FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS,non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises.These rounds are used for training only. d.FORCE ON FORCE 9MM PAINT MARKING ROUINDS,non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises.These rounds are used for training only. Purpose Thesesystems and munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Authorized Use Rifle caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Expected lifespan 5.56mm bolt assembly Frequency of use. 5-year limited warranty 5.56mm SIM rounds At least 5 years. 9mmbarrel assembly Frequency of use. 5-year limited warranty 9mm SIM rounds At least 5 years. Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon (SIM) barrel conversion kits and training projectiles (FOR TRAINING ONLY) FORCE ON FORCE 5.56MM 20$239$0 MARKER BOLT ASSEMBLIES 15 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) SIMMUNITION SIG SAUER P226 16$205$0 SIMMUNITION CONVERSION KITS FORCE ON FORCE 5.56 MM PAINT 13cases$282Pending City Council Approval, purchase order MARKING ROUNDS(6,500 roundsin process for obtaining 4 cases (500 rounds per total)case = 2,000 rounds) @ $295/case = $1,180. FORCE ON FORCE 9MM PAINT 8cases$236$0 MARKING ROUNDS(4000rounds total) Training Sworn personnel are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. E.Pepperball Launchers and Associated Projectiles: 1.Pepperball launcherand projectiles:A device that discharges projectiles containing pepper powder and glass breaking projectiles. 16 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Descriptionand capabilities: a. PepperBall VKS CARBINE,the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to firenon-lethal PepperBall projectiles. The PepperBall VKS Carbine featuresadual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. b.PepperBall LIVE-X PROJECTILE,the Live-X Projectile contains aconcentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectilehas a velocity of 280-350 FPS. Theprojectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. c. PepperBall GLASS BREAKER PROJECTILE,asolid polymer projectile used for breaking out residential windows and side-glass of automobiles. Notfor use on humans. Dischargedfrom a PepperBall launcher, the projectile has a velocity of 280-350 FPS. Theprojectile has a direct impact of 60ft and anarea of saturation of 150+ft. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Authorized Use Only those officers who have been trained in the use of PepperBall launchers areauthorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine-20 years PepperBall Live-X Projectile-3 years PepperBall Glass Breaker Projectile-3 years 17 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) PepperBall VKS CARBINE11$849$50 (per unit) PepperBall LIVE-X PROJECTILE3,1052.99 $0 (per projectile) *Thesewere miscountedlast yearand the number is now accurately being reflected to be 3,105 in our inventory. PepperBall GLASS BREAKER 500$2.43$0 PROJECTILE(per projectile) Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under PDM 308Control Devices and Techniques policy and PDM300 Use of Force. It is the policy of the CVPD to utilize PepperBall onlyfor officiallaw enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 18 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) F. Less Lethal Shotguns and related munitions 1.Less Lethal Shotgunand Munitions:Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Descriptionand capabilities: a.REMINGTON 870 LESS LETHAL SHOTGUN,the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of De- escalation. b.12-GAUGE CTS SUPER SOCK BEANBAG ROUND,aless lethal 2.4 inch12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5)feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state -Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Expected lifespan Remington 870 Less Lethal Shotgun-25 years. 19 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Super Sock Round-No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Fiscal Impact (FY 22&23) Equipment Name and Model / ManufacturerQuantityInitial (Approx. for maintenance and Cost repair) (Per Unit) REMINGTON 870 LESS LETHAL SHOTGUN71$481.38$50 (per unit) 12-GAUGE CTS SUPER SOCK BEANBAG ROUND487$5.00 (per round) *These were miscounted last year and the number is now accurately being reflected to be 487in our inventory. Training All officers are trained in the 12-gauge less lethal shotgun as a less lethal option byDepartmenttraining personnel. Legal and Procedural Rules Use is established under PDM 308 -Control Devices and Techniques and PDM 300 -Use of Force. It is the policy of the CVPD to only utilize the less lethal shotgun for official lawenforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. G. Chemical Agents (non-munition) 1.Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. 20 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Description and capabilities: a.DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, 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 forindoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second 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 Grenadeis to 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 astructure. The Tri- Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b.DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede- 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. c.DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #1082, 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. d.DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026, the Triple-ChaserCS 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 21 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems mayinclude, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Barricaded subjects Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Authorized Use Onlyofficers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) DEFENSE TECHNOLOGY, 83$31.89Pending City Council Approval, purchase order in FLAMELESS TRI-CHAMBER (per canister)process for obtaining 40 more @ $39.90 each (total CS GRENADE #1032of $1,596). 22 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) *There was an $22.89Pending City Council Approval, purchase order in DEFENSE TECHNOLOGY, error last year (per canister)process for obtaining 40 more @ $32.30 each (total SPEDE-HEAT CONTINUOUS and the number of $1,292). DISCHARGE CS GRENADE is now #1072 accurately being reflected to be 0 in our inventory.. DEFENSE TECHNOLOGY, 116$22.89$0 RIOT CONTROL CS GRENADE (per canister) #1082 DEFENSE TECHNOLOGY, 49$39.90$0 TRIPLE-CHASER SEPARATING (per canister) CS CANISTER #1026 Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM308.6Tear Gas Guidelines and PDM 300 Use of Force. It is the policy of the CVPD to utilize chemical agents only for official lawenforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. H.Diversionary Devices 1.Diversionary/distraction devicesareideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. 23 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Descriptionand capabilities: COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE,the CTS 7290M is a serialized steel bodied single use non-bursting canisternoise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165-175 average decibels. The device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE,the CTS training devices have a re-loadable fuse for repeated training use. Thesetraining fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. Purpose To produce atmospheric overpressure, a loud report, heat,and brilliant light that may cause short-term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who havebeen trained by a qualified instructor in the use anddeployment of the device. The devices may be used for any of the following circumstances: CTS 7290M In hostage and barricaded subject situations In high-risk warrant (search/arrest) services where there may be extreme hazards to officers and/or the public During other high-risk situations where their use would enhance officer safety During controlled training exercises. CTS 7290MT During controlled training exercises. Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices thathave passed the manufacturer warranty date should not be used except in a training environment 24 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) COMBINED TACTICAL *79at the time $40.50$0 SYSTEMS (CTS), 7290M this document DIVERSIONARY DEVICEwas created last year, but we had a purchase order in process simultaneously prior to AB 481 taking effect, now bringing our current total to 106. COMBINED TACTICAL 8$44.65$0 SYSTEMS (CTS) 7290MT (device (device bodies) TRAINING DIVERSIONARY bodies). DEVICE*There was an error last year and the number is now accurately being reflected to be 8in our inventory. 108$14.65 (training fuses)(training fuses) Training Prior to use, SWAT team membersmust attend a POST certified SWAT academy or equivalent training. SWAT team members who have not yet completed an ` academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed adiversionary device instructor school. The SWAT team conducts diversionary device trainingannually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 25 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) I. Specialized Firearms Less than .50 Caliber 1.Assault Rifle: Semi-automatic long-riflethat increases precision and accuracy. Description and capabilities: a.SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic rifle with an 18-inch barrel that is engineered with a 1/10 twist and fires .308 caliber ammunition. b.SMITH & WESSON MP15X RIFLE (DEPARTMENT STANDARD ISSUE), the MP15X is a gas operated semi-automatic rifle witha 16-inch barrel that is engineered with a 1/9 twist and fires 5.56/.223 caliber ammunition. c.COLT M4 LE6946CQB RIFLE (CURRENT SWAT STANDARD ISSUE), the M4 LE6946CQB is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. d.DANIEL DEFENSE DDM4 MK18 RIFLE(FUTURE SWAT STANDARD ISSUE), the DDM4 MK18 is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&P- 10, MP15X, M4 LE6946CQB, and/or DDM4 MK18 rifles. Expected Lifespan: The projected rifle lifespan is determined by frequency of use. However, Smith and Wesson, Colt, and Daniel Defense all provide a limited lifetime warranty. Based on current use; the estimated lifespan for the M&P-10 is 50 years, for the MP15X 20 years, and for the DDM4 10 years. 26 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Fiscal Impact (FY 22 & 23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer (Per Unit) 1 SMITH AND WESSON M&P- υЊАЉЉ $50 10 RIFLE .308 CAL (NOT STANDARD ISSUE) SMITH & WESSON MP15X ВЍ υБЎЎ $50 RIFLE 5.56 CAL (DEPARTMENT STANDARD ISSUE) (SCHEDULED TO BE REMOVED COLT M4 LE6946CQB ЋЍ υЊͲЎЉЉ FROM SERVICE MAY 2023) RIFLE 5.56 CAL (CURRENT SWAT STANDARD ISSUE) $50,000.00 DANIEL DEFENSE DDM4 ЋЍ υЋͲЉБЌ (APPROVED PURCHASE, MK18 RIFLE 5.56 CAL SHIPMENT EXPECTED DELIVERY (FUTURE SWAT APRIL 2023) STANDARD ISSUE) 27 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY(2023) Training: Sworn department members are required to complete annual training and qualifications to operate department rifles. Legal and Procedural Rules: Use is established under PDM 300 -Use of Force. It is the policy of the CVPD to only utilize the rifle for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 28 Attachment 1 (Page 1) Attachment 1 (Page 2) Attachment 1 (Page 3) Attachment 1 (Page 4) Attachment 2 (Page 1) Attachment 2 (Page 2) Attachment 2 (Page 3) Attachment 2 (Page 4) Attachment 2 (Page 5) Attachment 2 (Page 6) Attachment 2 (Page 7) Attachment 2 (Page 8) Attachment 2 (Page 9) Attachment 2 (Page 10) Attachment 2 (Page 11) Attachment 2 (Page 12) Attachment 2 (Page 13) Attachment 2 (Page 14) Attachment 2 (Page 15) Attachment 2 (Page 16) Attachment 2 (Page 17) Attachment 2 (Page 18) Attachment 2 (Page 19) Attachment 2 (Page 20) Attachment 2 (Page 21) Attachment 2 (Page 22) Attachment 2 (Page 23) Attachment 2 (Page 24) Attachment 2 (Page 25) Attachment 2 (Page 26) Attachment 2 (Page 27) Attachment 2 (Page 28) Attachment 2 (Page 29) Attachment 2 (Page 30) Attachment 2 (Page 31) Attachment 2 (Page 32) Attachment 2 (Page 33) Attachment 2 (Page 34) Attachment 2 (Page 35) Attachment 2 (Page 36) Attachment 2 (Page 37) Chula Vista Police Department Policy Attachment 2 (Page 38) Chula Vista PD Policy Manual 714 Military Equipment 714.1 PURPOSE AND SCOPE ThisDepartmentpolicyestablishesguidelinesfortheuse,training,approval,andprocurementof existingmilitaryequipmentandfuturemilitaryequipmentacquisitionsinaccordancewithCalifornia Assembly Bill 481 (AB 481), codified in California Government Code § 7070-7075. Additionally, thispolicyoutlinesthefiscalimpactandspecificdescriptionsofexistingmilitaryequipmentwithin the Department's inventory. 714.1.1 BACKGROUND On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcementagenciestoobtainapprovalof a militaryequipmentpolicybytheapplicablegoverning body (The Chula Vista City Council). The Department is required to seek approval of this military equipmentusepolicyfromthegoverningbodyat a regularopenmeetingpriortotheDepartment takingcertainactionsrelatingtothefunding,acquisition,oruseofmilitaryequipment,asdefined. The bill allows the governing body to approve the policy only if it determines that the military equipment meets specified standards. The policy is subject to annual review by the governing bodytodeterminewhether,basedonanannualmilitaryequipmentreport,thestandardssetforth in the approving policy have been met. The governing body may renew the authorizing policy, disapproveauthorizationforparticularmilitaryequipmentwherestandardshavenot beenmet, orrequiremodificationstothismilitaryequipmentusepolicytoaddressanynon-compliancewith standards. Finally, the bill requires publication of this military equipment use policy and the annual military equipmentreportontheDepartment'swebsite.Themilitaryequipmentusepolicymustbeposted on the website at least 30 days prior to the City Council meeting. 714.1.2 DEFINITIONS gdefinitionsareapplicable only totheDepartment'scurrent PursuanttoAB481,thefollowin military equipment inventory and potential future military equipment acquisitions for operational needs. (For a detailed list, refer to California Government Code § 7070, for "military equipment" as defined within the assembly bill.) Governing body - The Chula Vista City Council. Military equipment - Items defined by California Government Code § 7070(c)(1) through (c)(16). The definition includes but is not limited to the following: Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistantambush-protected(MRAP)vehiclesorarmoredpersonnelcarriers. • However,policeversionsofstandardconsumervehiclesarespecificallyexcluded from this definition. Highmobilitymultipurposewheeledvehicles(HMMWV),two-and-one-halfton trucks, • five-ton trucks, orwheeledvehiclesthathave a breachingorentryapparatusattached. CopyrightLexipol,LLC2023/03/23,AllRightsReserved. DRAFT Military Equipment -1 PublishedwithpermissionbyChulaVistaPolice Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 39) Military Equipment 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. (Note that none of the Chula • Vista Police Department's drones are weaponized). Battering rams, slugs, and breaching apparatus that are explosive in nature. However, • items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. 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 under California Penal Code § 30510 and California Penal Code § 30515 with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard service-issued handheld • pepper spray. Taser ® Shockwave, microwave weapons, water cannons, and long-range acoustic • devices (LRADs). Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require • additional oversight. Military equipment use policy - refers to this Department policy and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following: 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. The purposes and authorized uses for which the Department proposes to use each • type of military equipment. 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. The legal and procedural rules that govern each authorized use. • The training, including any course required by the Commission on Peace Officer • Standards and Training, that must be completed before any sworn member is authorized 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. Copyright Lexipol,LLC2023/03/23, All RightsReserved. DRAFT Military Equipment -2 Publishedwith permission by Chula Vista Police Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 40) Military Equipment 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. 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 Department will ensure that each complaint, concern, or question receives a response in a timely manner. Law enforcement agency means any of the following: 1.A policedepartment,includingthepolicedepartmentof a transitagency,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 office. 714.1.3 MILITARY EQUIPMENT USAGE GUIDELINES a Police Department retains and employs a wide variety of equipment, some The Chula Vist of which is defined as military equipment by California Government Code § 7070, to assist in maintaining public safety by providing the highest quality police services to our community. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training (POST), has been completed, unless exigent circumstances arise. Any military equipment acquired and authorized by the Department must be necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety and be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (California Government Code § 7071 (d)(1)(A)(C)). Additionally, it is the policy of the Chula Vista Police Department that its military equipment be used to safeguard the public's welfare, safety, civil rights, and civil liberties (California Government Code § 7071(d)(1)(B)). The Chula Vista Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific DRAFT Military Equipment -3 Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 41) Military Equipment units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers. 714.2 POLICY It is the policy of the Chula Vista Police Department that members of this Department comply with the provisions of California Government Code § 7071 with respect to military equipment. 714.3 MILITARY EQUIPMENT COORDINATOR The Professional Standards Unit manager or their designee will act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: 1.Acting as liaison to the governing body for matters related to the requirements of this policy. 2.Identifying the Chula Vista Police 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. 3.Conducting an annual inventory of all military equipment at least annually. 4.Preparing for, scheduling, and/or coordinating the annual community engagement meeting to include: (a)Ensuring the details of the meeting are publicized. (b)Preparing for public questions regarding the Department's funding, acquisition, and use of the equipment. 5.Preparing the annual military equipment report for submission to the Chief of Police, and ensuring that the report is made available on the Department's website (California Government Code § 7072). 6.Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 714.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Chula Vista Police Department: (See attachment A for the Chula Vista Police Department military equipment list) 714.5 APPROVAL The Chief of Police or their designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or their 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 regular meeting of the City Council concerning the military equipment at issue (California Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (California Government Code § 7071): Copyright Lexipol,LLC2023/03/23, All RightsReserved. DRAFT Military Equipment -4 Publishedwith permission by Chula Vista Police Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 42) Military Equipment 1.Requesting military equipment made available pursuant to 10 USC § 2576a. This section is also commonly referred to as the Defense Logistics Agency 1033 Program. The Chula Vista Police Department does not participate in this program, 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. 4.Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. 5.Usinganyneworexistingmilitaryequipmentfor a purpose,in a manner,orby a person not previously approved by the governing body. 6.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. 7.Acquiring military equipment through any other means. 714.6 ANNUAL MILITARY EQUIPMENT REPORT Upon approval of a military equipment policy, the Chief of Police or their 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 (California Government Code § 7072). The Chief of Police or their designee shall also make each annual military equipment report publicly available on the Chula Vista Police Department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code § 7072 for the preceding calendar year for each type of military equipment in the Chula Vista Police Department inventory. The military equipment report shall, at a minimum, include the following information from the immediate previous calendar year for each type of military equipment: 1.A summary of how the military equipment was used and the purpose for 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, consistent with state law and employee privacy restrictions. 4.The total annual cost for each type of military equipment. 5.The quantity possessed for each type of military equipment. 6.If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Copyright Lexipol,LLC2023/03/23, All RightsReserved. DRAFT Military Equipment -5 Publishedwith permission by Chula Vista Police Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 43) Military Equipment The governing body will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the governing body determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use procedure in a manner that will resolve lack of compliance. 714.7 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual military equipment 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. (California Government Code § 7072(b)). 714.8 COORDINATION WITH OTHER JURISDICTIONS On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for mutual aid is governed under PDM 352 - Outside Agency Assistance. In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e. civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When sworn Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply: 1.Department members are required to adhere to the Department's Military Equipment policy and all policies and procedures outlined within the Chula Vista Police Department's Policy and Procedures Manual, regardless of operational jurisdiction. 2.Should the Chula Vista Police Department request mutual aid from another law enforcement agency within the City of Chula Vista military equipment is required during the course of the response, the following shall apply: (a)The Chula Vista Police Departmentshall remain in charge of the overall incident command. (b)The Incident Commander or their designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident. (c)The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment. Copyright Lexipol,LLC2023/03/23, All RightsReserved. DRAFT Military Equipment -6 Publishedwith permission by Chula Vista Police Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 44) Military Equipment (d)If the Incident Commander is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission. 714.9 MILITARY EQUIPMENT USAGE ACCOUNTABILITY 1.The use of military equipment is subject to individual Department policies and procedures. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring an incident to a safe resolution. 2.Department members are bound to adhere to Department policies and procedures, in addition to state and local laws and ordinances when employing the use of the military equipment at any time. Violations of the law or Department Policies or Procedures may result in criminal or administrative investigations and/or actions. 3.Administrative investigations concerning complaints related to military equipment will be conducted in accordance with PDM 1019 - Personnel Complaints. 714.10 MILITARY EQUIPMENT MAINTENANCE AND INVENTORY All military equipment should be properly maintained and stored as set forth by Department policies and procedures or in the absence of that, by manufacturer guidelines. 714.11 TESTING AND EVALUATION OF MILITARY EQUIPMENT FOR POTENTIAL FUTURE ACQUISITION While the Department's current inventory of military equipment is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of military equipment in the current catalog. From time to time, certain equipment vendors and/or manufacturers may loan certain military equipment items to the Department for testing by various units to conduct assessments involving feasibility of use, cost analysis, effectiveness, and training efficacy. This process is commonly referred to as "Testing and Evaluation" (T & E). During the testing and evaluation process, various units and/or subject matter experts conduct assessments of the equipment being tested and opine the viability of whether or not an item of military equipment should be considered for Department use. Military equipment that is being tested shall not be used operationally without approval from the Chief of Police or their designee. The following limitations shall apply should the Department receive military equipment for the testing and evaluation process: DRAFT Military Equipment -7 Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 45) Military Equipment 1.Only similar militaryequipment within the Department's current military equipment inventory may be used for Testing and Evaluation. Examples might include but are not limited to: (a)Similar firearms by a manufacturer other than those approved in the current inventory (b)Similar UAS platforms featuring a different make and/or model other than those approved in the current inventory. (c)Similar diversionary devices or chemical agents featuring a different make and/ or model other than those in the current inventory, etc. 2.Militaryequipmentthatis not similartotheDepartment'scurrentmilitaryequipment inventory must be approved through the governing body and Chief of Police or their designee, prior to the acquisition for the testing and evaluation process. Examples include but are not limited to: (a)New military equipment technology not currently approved or currently in use by the Department. (b)Firearms as defined under military equipment that operate with a different weapons platform other than what is approved or currently in use by the Department (i.e. bullpup platform, higher caliber weapon than what is in the current inventory, etc.). Military equipment items that have been assessed and recommended for final approval after undergoing the testing and evaluation process must be approved by the governing body and the Chief of the Police or their designee prior to be being formally acquired for Department inventory and operational use. 714.12 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES In some instances, the application and use of military equipment can cause questions and/ or concerns for members of the community. It is of vital importance that community members' questions regarding the application and use of military equipment are addressed. The Chula Vista Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. 1.Complaints directly related to the application or use of military equipment shall be handled in accordance with PDM 1019 - Personnel Complaints. Individuals from the public may file complaints in any form, including in writing, by email, in person, or by telephone. 2.The Professional Standards Unit will maintain statistical data concerning the number and types of complaints regarding military equipment. Copyright Lexipol,LLC2023/03/23, All RightsReserved. DRAFT Military Equipment -8 Publishedwith permission by Chula Vista Police Chula Vista Police Department Chula Vista PD Policy Manual Attachment 2 (Page 46) Military Equipment 3.TheChulaVistaPoliceDepartmentvaluesopencommunicationandtransparency. Communityquestionsand/orconcernsregardingtheapplicationanduseofspecified military equipment should be addressed in the following manner: (a)ViatheDepartment'swebsite(inthe"ContactUs"section),thepubliccan communicate specific military equipment related questions, comments, or concerns to the Department. The Department will respond to the submissions at least quarterly. (b)At pre-determined community engagement meetings related to military equipment. (c)At City Council meetings related to military equipment. (d)Inallothercircumstances,thepublicshouldbedirectedtotheDepartment MilitaryEquipmentpolicyandAnnualMilitaryEquipmentReportavailableonthe Chula Vista Police Department website. DRAFT Military Equipment -9 ATTACHMENT A Attachment 2 (Page 47) CVPD MILITARY EQUIPMENT INVENTORY(2023) \[*NOTE: The inventory of certain items of consumable military equipment (i.e.ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this attachmentreflects approximations of certain consumable items of military equipment at the time of this policy A.Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1.Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely. Descriptionand capabilities: a.DJI MAVIC MINI 2, Miniature UAS that weighs approx..249 gramsand canrecord video and audio with approximately 30 minutes of flight time. b.DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 gramsand has video recording capabilities, approx. 27 minutes of flight time. c.DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker,and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of flight time. d.DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker,and light. Weighsapprox. 1100 grams, approx. 31 minutes of flight time. e.DJI M300 with HT20, UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. f.DJI M210v2 with z30, UAS that has 35 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140grams. Has video recording capabilities. g.DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. h.DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of flight time. i.DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of flight time. j.SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of flight time. 1 ATTACHMENT A Attachment 2 (Page 48) CVPD MILITARY EQUIPMENT INVENTORY(2023) k.SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutesof flight time. l.PARROT ANAFI,UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of flight time. m.BRINC LEMUR S,UAS with 1080p HD and IR camera, weighs1088 grams. Has video recording capabilities, approx. 31 minutes of flight time. n.DJIDJIAVATA,AVATA,UAS UAS withwith4K4Kcamera, camera, weighs weighs approx. approx. 410410grams. grams. Has Has video video recordingrecording capabilities, capabilities, approx. approx. 1818minutes minutes of of of flight flight time.time. Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: Major collision investigations Search for missing or wanted persons Fires Major incidents Calls for service Natural disaster management Crime scene photography SWAT, tactical or other public safety and life preservation missions In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Expected Lifespan All UAS equipment, 3-5 years. 2 ATTACHMENT A Attachment 2 (Page 49) CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact(with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model / ManufacturerQuantityInitial Fiscal Impact (FY 22& 23) Cost(Approx. for maintenance and (Per Unit)repair) DJI MAVIC MINI 22$400$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI INSPIRE 21$3299$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE4$2399$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED1$6500$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 3 ATTACHMENT A Attachment 2 (Page 50) CVPD MILITARY EQUIPMENT INVENTORY(2023) DJI M300 with H20T7$25,000$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M210v2 with z302$32,000$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI PHANTOM 41$1600$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ZOOM1$1999$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 4 ATTACHMENT A Attachment 2 (Page 51) CVPD MILITARY EQUIPMENT INVENTORY(2023) DJI MAVIC PRO1$1289$50,000 Maintenance and battery replacementcost for the entire drone fleet. (Includes all UAS equipment). SKYDIO 24$999$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment. SKYDIO X2 (Color/Thermal2$14,499$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). PARROT ANAFI1$2000$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 5 ATTACHMENT A Attachment 2 (Page 52) CVPD MILITARY EQUIPMENT INVENTORY(2023) BRINC LEMUR S2$22,996$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI DJI AVATAAVATA2$1,388$50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administrationfor UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613UAS Operations, and the FAA Regulation 14CFR Part 107. It is the policy of the CVPD to utilize UAS only for official law enforcementpurposes, and inamanner that respects the privacy of our community, pursuant pursuant toto technology technology policies, policies, along withState and Federal Law. 2.Robot:An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Descriptionand capabilities: a.ROBOTEX AVATAR III,the RobotexAvatar III is a heavy-duty robot. It has stair climbing ability and an arm capableofremote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT team, however, it can be 6 ATTACHMENT A Attachment 2 (Page 53) CVPD MILITARY EQUIPMENT INVENTORY(2023) used for other authorized patrol functions.It operatesas a de-escalation tool in a variety of capacities (see Purpose section below). Purpose To be deployed when its usewould assist officers or incident commanders with the following situations, which include but are not limited to: Remotely gain visual/audio data Deliverphoneduring hostage/barricaded subject negotiations Open doors Disruptsuspicious/dangerous packages Training/authorized public exhibition Authorized Use Onlysworn personnelwho have shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Quantity, Cost,and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model / ManufacturerQuantityInitial CostFiscal Impact (FY 22& 23) (Per Unit)(Approx. for maintenance and repair) ROBOTEX AVATAR III1$40,793.56$1300.54 (Battery and misc. repair) 7 ATTACHMENT A Attachment 2 (Page 54) CVPD MILITARY EQUIPMENT INVENTORY(2023) Training All robot operatorsmust complete in-house training in the use, function, and deployment of the robot bytrained robot operators. Legal and Procedural Rules The use of the robot is for official law enforcement purposesonly, and inamanner that respects the privacy of our community, pursuant pursuant toto Stateand Federal Law. B.Command and ControlVehicles 1.Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access toPolice Department computer systems, and restroom facilities on extended events. Descriptionand capabilities: a. Freightliner M2-106, The CP can also be utilized forSWAT/CNT and othercritical incidents, preplanned large events, searching formissing persons, natural disasters,and community events. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster,or community event that is taking place. Authorized Use The CP shall be operatedby officers trained in their deployment and in a mannerconsistent withState Law regarding the operation of motor vehicles. Furthermore,only officerswho have completed the California Class B Commercial drivertrainingprovided by theDepartment and properly licensed will be permittedto drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. 8 ATTACHMENT A Attachment 2 (Page 55) CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity,Cost, and Fiscal Impact Command and Control Vehicles Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance Manufacturer(Per Unit) and repair) Freightliner M2-1061$778,000$2000 Mobile Command Post Training AllAlldrivers drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driverhas shown competence in the vehicle handling, the driver will operatethe vehicle throughout the City with an experienced driver. Driversshall also undergo California Department ofMotorVehiclescommercial vehicle testing. In addition, each drivershall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for official law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. 2.SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWATmembers access to equipment and uniforms during critical events. Descriptionand capabilities: a.Freightliner M2 106 chassis (custom build),TheSWATequipment truck is used as a mobile storage unit and is deployed to criticalincidents to provide SWAT team members rapid access to necessary equipment. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster,or community event that is taking place. Authorized use 9 ATTACHMENT A Attachment 2 (Page 56) CVPD MILITARY EQUIPMENT INVENTORY(2023) The equipment truck shall be used by officers trained in its deployment and in a manner consistent with Department training. Officers with a valid California Class C license may operate theequipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) Freightliner M2 106 chassis 1$406,286.24$7008 (custom build) SWAT equipment truck Training DDriverriverssshall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driverhas shown competence in vehicle handling, the drivermayoperatethe vehicle for authorized use. Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Lawregarding the operation of motor vehicles. C.Armored Personnel Carriers 1.Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. 10 ATTACHMENT A Attachment 2 (Page 57) CVPD MILITARY EQUIPMENT INVENTORY(2023) Descriptionand capabilities: a. 2011 LENCO BEARCATG2,The Lenco Bearcat, G2,is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for saferescue of injured citizens and officers. It can stop various projectiles, which providesgreater safety to citizens and officers beyond the protection level of shield and personalbody armor. Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the specific circumstances of a given critical incident. Officers may deploy the armored vehicle during exigent circumstances, such as officer/citizen rescues, withoutprior approval. If deployed under exigent circumstances, a supervisor shall be notifiedas soon as practical. Armored vehicles shall only be used by officers trained intheir deployment and in a manner consistent with Departmenttraining. Expected lifespan Lenco Bearcat model G2 25 years. Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) 2011 LENCO BEARCAT G21$315,518.65$5000 11 ATTACHMENT A Attachment 2 (Page 58) CVPD MILITARY EQUIPMENT INVENTORY(2023) Training The drivershall receive training in the safe handling of the vehicle by aDepartment-qualified driver. Once the driverhas shown competence in vehicle handling, the drivermayoperatethe vehicle for authorized use. Legal and Procedural Rules All drivers Thevehicle shall be operated in accordance with State Law regarding the operation ofmotor vehicles. D. Specialty Impact Munition Weapons (SIM)and Associated Munitions 1.40 MMLaunchers and Munitions:40 MMlaunchers are utilized by SWAT and Mobile Field Force (MFF) personnel as a less lethal tool to launch less lethal impactandchemical agentrounds. Descriptionand capabilities: a.DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER#1440,the 40 MM Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. b.PENN ARMS, 40 MM SINGLE SHOT LAUNCHER#GS0490,the40 MM Single Launcher is a tactical single shot launcher. It will fire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT and Mobile Field Force (MFF) personnel. c.DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATORMUNITION#2262,aless lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard,and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance,and/or incapacitation of potentially violent or dangerous subjects. 12 ATTACHMENT A Attachment 2 (Page 59) CVPD MILITARY EQUIPMENT INVENTORY(2023) Purpose To limit the escalation of conflict where employment of lethal force is prohibitedor undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Expected lifespan Defense Technology #1425 -25 years Defense Technology #1440 -15 years Penn Arms #GS4090 -No lifespan indicated by manufacturer Defense Technology Model 2262 Liquid Barricade Penetrator -5 years Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MMLaunchers Fiscal Impact (FY 22&23) Equipment Name and Model / ManufacturerQuantityInitial Cost (Approx. for maintenance and (Per Unit) repair) DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT 1$1987.50$50 (per unit) LAUNCHER # 1440 PENN ARMS, 40 MM SINGLE SHOT LAUNCHER 44$1000$50 (per unit) #GS0490 13 ATTACHMENT A Attachment 2 (Page 60) CVPD MILITARY EQUIPMENT INVENTORY(2023) Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID 3333$19.85Pending Pending City City Council Council BARRICADE PENETRATOR MUNITION#1262Approval, Approval, purchase purchase purchase order order in in process process for for for for obtaining obtaining qty qty 50 50 of of the the newer newer version version # # 2262 2262 @ @ $$24.60 24.60 eacheach= $1,230. = $1,230. Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal or chemical agent instructors. SWAT and MFF personnel receive additional training annually. SWAT operators who utilize thesemunitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certified chemical agent instructors. Legal and Procedural Rules Use is established under the CVPD PDM 308 -Control Devices and Techniques policy and PDM 300 -Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Specialty Impact Impact Munitions Munitions (SIMS)and associated munitions for official law enforcementpurposes, and pursuant to State and Federal Law,including those regarding the useof force. 2.SIM barrel conversion kits and SIM training projectiles:Adesignated barrel or bolt used in a standard firearm or handgun that when fired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to fire standard ammunition. These are non-operational rounds and non-operational weapons systems. They are used for training purposes only. Descriptionand capabilities: a.FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES,the bolt assembly includes a bolt carrier group that converts the AR-15/M4 rifle into effective weapons designed to fire force on force 5.56mm paint marker rounds and prevent the firing of lethal ammunition.These bolts are used for training only. b.SIMUNITION SIG SAUER P226 SIMUNITION CONVERSION KITS,the SimunitionConversion Kit includes abarrel and rampthat converts the Sig Sauer P226 Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition.These conversion kits are used for trainingonly. 14 ATTACHMENT A Attachment 2 (Page 61) CVPD MILITARY EQUIPMENT INVENTORY(2023) c.FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS,non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises.These rounds are used for training only. d.FORCE ON FORCE 9MM PAINT MARKING ROUINDS,non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises.These rounds are used for training only. Purpose Thesesystems and munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Authorized Use Rifle caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Expected lifespan 5.56mm bolt assembly Frequency of use. 5-year limited warranty 5.56mm SIM rounds At least 5 years. 9mmbarrel assembly Frequency of use. 5-year limited warranty 9mm SIM rounds At least 5 years. Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon (SIM) barrel conversion kits and training projectiles (FOR TRAINING ONLY) FORCE ON FORCE 5.56MM 20$239$0 MARKER BOLT ASSEMBLIES 15 ATTACHMENT A Attachment 2 (Page 62) CVPD MILITARY EQUIPMENT INVENTORY(2023) SIMMUNITION SIG SAUER P226 16$205$0 SIMMUNITION CONVERSION KITS FORCE ON FORCE 5.56 MM PAINT 1313cascaseses$282Pending Pending City City Council Council Approval, Approval, purchase purchase purchase order order MARKING ROUNDS((6,500 6,500 roundsroundsin in process process process for for for for obtaining obtaining 4 4 cases cases ((((500 500 rounds rounds per per per totaltotal))case case =2,000 2,000 rounds) rounds) @ $@ $295/295/295/295/295/295/case case = $= $1,180. 1,180. FORCE ON FORCE 9MM PAINT 88cascaseses$236$0 MARKING ROUNDS((44000000roundsrounds totaltotal)) Training Sworn personnel are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. E. Pepperball Launchers and Associated Projectiles: 1.Pepperball launcherand projectiles:A device that discharges projectiles containing pepper powder and glass breaking projectiles. 16 ATTACHMENT A Attachment 2 (Page 63) CVPD MILITARY EQUIPMENT INVENTORY(2023) Descriptionand capabilities: a. PepperBall VKS CARBINE,the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to firenon-lethal PepperBall projectiles. The PepperBall VKS Carbine featuresadual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. b.PepperBall LIVE-X PROJECTILE,the Live-X Projectile contains aconcentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectilehas a velocity of 280-350 FPS. Theprojectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. c. PepperBall GLASS BREAKER PROJECTILE,asolid polymer projectile used for breaking out residential windows and side-glass of automobiles. Notfor use on humans. Dischargedfrom a PepperBall launcher, the projectile has a velocity of 280-350 FPS. Theprojectile has a direct impact of 60ft and anarea of saturation of 150+ft. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Authorized Use Only those officers who have been trained in the use of PepperBall launchers areauthorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine-20 years PepperBall Live-X Projectile-3 years PepperBall Glass Breaker Projectile-3 years 17 ATTACHMENT A Attachment 2 (Page 64) CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) PepperBall VKS CARBINE11$849$50 (per unit) PepperBall LIVE-X PROJECTILE3,1052.99 $0 (per projectile) **TheThesesewwereere mismisccounteounteddlast last yearyearand and the the number number is is now now accurately accurately being being reflected reflected to to be be 3,105 3,105 in in our our inventory.inventory. PepperBall GLASS BREAKER 500$2.43$0 PROJECTILE(per projectile) Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under PDM 308Control Devices and Techniques policy and PDM300 Use of Force. It is the policy of the CVPD to utilize PepperBall onlyfor officiallaw enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 18 ATTACHMENT A Attachment 2 (Page 65) CVPD MILITARY EQUIPMENT INVENTORY(2023) F. Less Lethal Shotguns and related munitions 1.Less Lethal Shotgunand Munitions:Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Descriptionand capabilities: a.REMINGTON 870 LESS LETHAL SHOTGUN,the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of De- escalation. b.12-GAUGE CTS SUPER SOCK BEANBAG ROUND,aless lethal 2.4 inch12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5)feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state -Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Expected lifespan Remington 870 Less Lethal Shotgun-25 years. 19 ATTACHMENT A Attachment 2 (Page 66) CVPD MILITARY EQUIPMENT INVENTORY(2023) Super Sock Round-No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Fiscal Impact (FY 22&23) Equipment Name and Model / ManufacturerQuantityInitial (Approx. for maintenance and Cost repair) (Per Unit) REMINGTON 870 LESS LETHAL SHOTGUN71$481.38$50 (per unit) 12-GAUGE CTS SUPER SOCK BEANBAG ROUND487487$5.00 (per round) **TheThesese wwereere mismisccounteountedd last last year year and and the the number number is is now now accurately accurately being being reflected reflected to to be be 487487in in our our inventory.inventory. Training All officers are trained in the 12-gauge less lethal shotgun as a less lethal option byDepartmenttraining personnel. Legal and Procedural Rules Use is established under PDM 308 -Control Devices and Techniques and PDM 300 -Use of Force. It is the policy of the CVPD to only utilize the less lethal shotgun for official lawenforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. G. Chemical Agents (non-munition) 1.Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. 20 ATTACHMENT A Attachment 2 (Page 67) CVPD MILITARY EQUIPMENT INVENTORY(2023) Description and capabilities: a.DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, 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 forindoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second 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 Grenadeis to 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 astructure. The Tri- Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b.DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede- 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. c.DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #DISCHARGE CS GRENADE #1082,1082,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. d.DEFENSE DEFENSE TECHNOLOGY, TECHNOLOGY, TRIPLETRIPLE---CHASER CHASER SEPARATING SEPARATING CSCS CANISTER CANISTER ##1026,1026,the Triple-ChaserCS 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 21 ATTACHMENT A Attachment 2 (Page 68) CVPD MILITARY EQUIPMENT INVENTORY(2023) holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems mayinclude, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Barricaded subjects Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Authorized Use Onlyofficers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) DEFENSE TECHNOLOGY, 8383$31.89Pending Pending City City Council Council Approval, Approval, purchase purchase purchase order order in in FLAMELESS TRI-CHAMBER (per canister)process process for for for for obtaining obtaining 40 40 more more @ @ $$39.90 39.90 each each ((((total total CS GRENADE #1032of of $$1,596).1,596). 22 ATTACHMENT A Attachment 2 (Page 69) CVPD MILITARY EQUIPMENT INVENTORY(2023) **There There was was an an $22.89Pending Pending City City Council Council Approval, Approval, purchase purchase purchase order order in in DEFENSE TECHNOLOGY, error error last last year year (per canister)process process for for for for obtaining obtaining 40 40 more more @ @ $$32.30 32.30 each each ((((total total SPEDE-HEAT CONTINUOUS and and the the number number of of $$1,292).1,292). DISCHARGE CS GRENADE is is now now #1072 accurately accurately being being reflected reflected to to be be 0 0 in in our our inventory.inventory... DEFENSE DEFENSE TECHNOLOTECHNOLOGY, GY, 116$22.89$0 RIOTRIOTCONTROL CONTROL CS CS GRENADE GRENADE (per canister) #1082#1082 DEFENSE DEFENSE TECHNOLOGY, TECHNOLOGY, 49$39.90$0 TRIPLETRIPLE---CHASER CHASER SEPARATING SEPARATING (per canister) CSCSCANISTER CANISTER ##10261026 Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM308.6Tear Gas Guidelines and PDM 300 Use of Force. It is the policy of the CVPD to utilize chemical agents only for official lawenforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. H.Diversionary Devices 1.Diversionary/distraction devicesareideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. 23 ATTACHMENT A Attachment 2 (Page 70) CVPD MILITARY EQUIPMENT INVENTORY(2023) Descriptionand capabilities: COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE,the CTS 7290M is a serialized steel bodied single use non-bursting canisternoise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165-175 average decibels. The device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE,the CTS training devices have a re-loadable fuse for repeated training use. Thesetraining fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. Purpose To produce atmospheric overpressure, a loud report, heat,and brilliant light that may cause short-term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who havebeen trained by a qualified instructor in the use anddeployment of the device. The devices may be used for any of the following circumstances: CTS 7290M In hostage and barricaded subject situations In high-risk warrant (search/arrest) services where there may be extreme hazards to officers and/or the public During other high-risk situations where their use would enhance officer safety During controlled training exercises. CTS 7290MT During controlled training exercises. Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices thathave passed the manufacturer warranty date should not be used except in a training environment 24 ATTACHMENT A Attachment 2 (Page 71) CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact Fiscal Impact (FY 22&23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer(Per Unit) COMBINED TACTICAL **7979atatthe the time time $40.50$0 SYSTEMS (CTS), 7290M this this document document DIVERSIONARY DEVICEwaswascreated created last last year, year, but but we we had had aapurchase purchase order order in in process process simultaneously simultaneously prior prior to to AB AB 481 481 taking taking effect, effect, now now brinbringging ing our our current current total total to to 106. 106. COMBINED TACTICAL 88$44.65$0 SYSTEMS (CTS) 7290MT (device (device bodies) TRAINING DIVERSIONARY bodies). DEVICE**TheThere re was was an an error error last last yearyear and and the the number number is is now now accurately accurately being being reflected reflected to to be be 88in in our our inventoryinventory.. 101088$14.65 (training fuses)(training fuses) Training Prior to use, SWAT team membersmust attend a POST certified SWAT academy or equivalent training. SWAT team members who have not yet completed an ` academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed adiversionary device instructor school. The SWAT team conducts diversionary device trainingannually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 25 ATTACHMENT A Attachment 2 (Page 72) CVPD MILITARY EQUIPMENT INVENTORY(2023) I. Specialized Firearms Less than .50 Caliber 1.Assault Rifle: Semi-automatic long-riflethat increases precision and accuracy. Description and capabilities: a.SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic rifle with an 18-inch barrel that is engineered with a 1/10 twist and fires .308 caliber ammunition. b.SMITH SMITH &WESSON WESSON MP15X MP15X RIFLE RIFLE ((DEPARTMENT DEPARTMENT STANDARD STANDARD ISSUE)ISSUE),,the MP15X is a gas operated semi-automatic rifle witha 16-inch barrel that is engineered with a 1/9 twist and fires 5.56/.223 caliber ammunition. c.COLT COLT M4 M4 LE6946CQB LE6946CQB RIFLE RIFLE ((CURRENT CURRENT SWAT SWAT STANDARD STANDARD ISSUE)ISSUE),,the M4 LE6946CQB is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. d.DANIEL DANIEL DEFENSE DEFENSE DDM4 DDM4 MK18 MK18 RIFLERIFLE((FUTURE FUTURE SWAT SWAT STANDARD STANDARD ISSUE)ISSUE),,the DDM4 MK18 is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&M&M&M&PP-- 10,10,MP15X, MP15X, M4M4LE6946CQB, LE6946CQB, and/or DDM4 DDM4 MK18 MK18 rifles.rifles. Expected Lifespan: The projected rifle lifespan is determined by frequency of use. However, Smith and Wesson, Colt, Colt, and Daniel Daniel Defense Defense all all provide provide a a limited limited lifetime lifetime warranty. warranty. Based on current use; the the estimated estimated lifespan lifespan for for the the M&M&M&PP---1010isis5050years, years, for for the the MP15X MP15X 2020years, years, and and for for thetheDDM4 DDM4 1010years.years. 26 ATTACHMENT A Attachment 2 (Page 73) CVPD MILITARY EQUIPMENT INVENTORY(2023) Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Fiscal Impact (FY 22 & 23) Equipment Name and Model / QuantityInitial Cost (Approx. for maintenance and repair) Manufacturer (Per Unit) 1 SMITH AND WESSON M&P- υЊАЉЉ $50 10 RIFLE .308 CAL (NOT STANDARD ISSUE) SMITHSMITH& WESSON WESSON MP15X MP15X ВЍυБЎЎ $50 RIFLE RIFLE 5.565.56CAL CAL (DEPARTMENT STANDARD ISSUE) (SCHEDULED TO BE REMOVED COLT COLT M4M4LE6946CQB LE6946CQB ЋЍυЊͲЎЉЉ FROM SERVICE MAY 2023) RIFLE RIFLE 5.565.56CAL CAL (CURRENT SWAT STANDARD ISSUE) $50,000.00 DANIEL DANIEL DEFENSE DEFENSE DDM4 DDM4 ЋЍυЋͲЉБЌ (APPROVED PURCHASE, MK18 MK18 RIFLE RIFLE 5.565.56CALCAL SHIPMENT EXPECTED DELIVERY (FUTURE SWAT APRIL 2023) STANDARD ISSUE) 27 ATTACHMENT A Attachment 2 (Page 74) CVPD MILITARY EQUIPMENT INVENTORY(2023) Training: Sworn Sworn department department members members are are required required totocomplete complete annual annual training training and and qualifications qualifications to to operate operate department department rifles. rifles. Legal and Procedural Rules: Use is established under PDM 300 -Use of Force. It is the policy of the CVPD to only utilize the rifle for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 28 Item 7.1 Attachment 3 Revised 4/25/2023 ).42/$5#4)/.Ȁ ! Uif!Divmb!Wjtub!Qpmjdf!Efqbsunfou!qpttfttft!boe!vujmj{ft!b!wbsjfuz!pg!frvjqnfou!up!tbgfmz!sftpmwf! ! ! Uif!vtf!pg!tvdi!frvjqnfou!nbz!hsfbumz!bttjtu!uif!efqbsunfou!jo!uif!gvsuifsbodf!pg!jut!njttjpo/!Uif! qspwjejoh!dpnnvojuz!qpmjdjoh-!xjui!uif!ijhiftu!mfwfm!pg!qspgfttjpobmjtn!boe!usbotqbsfodz/!!Divmb! Wjtub!Qpmjdf!Efqbsunfou!fnqmpzfft!xjmm!qspwjef!gbjs-!dpvsufpvt-!boe!dpnqbttjpobuf!tfswjdf!up! ! ! 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Uif!boovbm!dptu!gps!DWQE!TXBU!qfstpoofm!jt!%433-811/!! ! #®¢«´²¨® ! 31 Updated 04/25/2023 INTRODUCTIONS - style equipment required by AB481. - To outline and explain the current uses for militarystyle equipment utilized by the Chula Vista Police Department.To describe the need and importance for this equipment, which is to maintain public safety and provide the highest quality of police service to our To provide an annual report to City Council on military GOAL OF THIS PRESENTATION WHAT IS MILITARY EQUIPMENT? EQUIPMENT WHY IS THIS and in the manner that respects the privacy AERIAL SYSTEMS COMMAND AND CONTROL VEHICLES The Chula Vista Police Department has two mobile command vehicles. We have utilized mobile command ARMORED RESCUE 40MM LAUNCHERS CANISTERS) CHEMICAL AGENTS department standard issue Smith and Wesson MP15X Rifle Defense DDM4)These are precision rifles and are used to address a deadly threat with more accuracy and at a greater distance than a handgun.standards can deploy them. The Department currently has Smith and Wesson and Colt brand rifles in its inventory. SWAT PERSONNEL COSTS Amends and updates the military equipment policy (Policy 714) as indicated in the staff reportFinds the annual report and amended Policy 714 in compliance with AB 481amendments, as appropriate, by Resolution The Chula Vista Police Department respectfully asks the City Council to place an ordinance on first reading that: Each piece of equipment is crucial for the IN CLOSING THANK YOU