For City Council Meeting September 10, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Mark P. Kling, Chief of Police
Title
Request City Council to 1) Approve the Purchase of a Radio Frequency Detector/Cell Site Simulator in the Amount of $930,005.16 with Jacobs Technology Inc. (JTI); and 2) Authorize the Interim City Manager or his Designee to Execute all Documents.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council:
1) Approve the Purchase of a Radio Frequency Detector/Cell Site Simulator in the Amount of $930,005.16 with Jacobs Technology Inc. (JTI); and
2) Authorize the Interim City Manager or his Designee to Execute all Documents.
BACKGROUND
The Rialto Police Department Investigations units are tasked with conducting investigations related to human, narcotics and weapons trafficking, locating missing persons and runaway juveniles, tracking and apprehension of serious violent offenders, other covert and plain clothes investigations, and operations aimed at reducing violent crime and protecting life in the community.
The ongoing advancement of cellular telephones and cellular telephone networks have made traditional methods of locating victims of violent crime, missing-at-risk persons, 9-1-1 callers, and wanted suspects increasingly difficult or impossible without accurate real-time information.
The use of specialized technical equipment is necessary to help victims and locate persons. The Rialto Police Department has determined that a radio frequency detector/cellular site simulator is the best available tool to effectively and efficiently accomplish those goals. A radio frequency detector/cellular site simulator is capable of doing in minutes what could take investigators dozens of hours to accomplish. It operates by detecting, triangulating and measuring cellular phone radio frequencies.
A radio frequency detector/cellular site simulator will enhance investigators’ ability to overcome current cellular phone technological limitations and provide an effective solution in these situations. It will allow the department the ability to find missing victims and injured persons, apprehend violent and high-risk offenders, which otherwise may not be possible. This will enhance public safety by reducing violent crime within the community.
ANALYSIS/DISCUSSION
In accordance with California Penal Code 1546.1 (California Electronic Communications Privacy Act), the radio frequency detector/cellular site simulator is only to be used in conjunction with a valid search warrant duly issued by a judge. The equipment does not retain data and is not capable of intercepting and listening to calls, text messages, dialed numbers or any other such content. This is not a device to search cellular phones but merely analyzes cellular radio frequencies. The device is a main frame computer which must be mounted inside of a vehicle.
Uses of the equipment will be for, but not limited to, locating suspects of trafficking and violent crime investigations, and locating missing/exploited children, missing at-risk persons, kidnapping victims, and victims of mass casualty events.
A major benefit of the radio frequency detector/cellular site simulator is that it works independent of cellular towers or satellites and therefore can be used in natural disaster situations where cell towers have been rendered inoperable. This will allow emergency personnel to find persons missing under those conditions.
The cost of the equipment with vehicle and equipment installation, on-site training, three years of warranty, 24/7 technical assistance, unlimited usage, and software updates is $930,005.16. The estimated life expectancy of the equipment is approximately 7-10 years or longer depending on the advancement of cellular phone technology.
Privacy
The Rialto Police Department seeks to be transparent regarding its use of the cellular site simulator. It should be noted that California Government Code 53166, which went into effect in January 2016, was specifically designed by the legislature to allow local law enforcement to own and operate cellular site simulators and to provide guidance on its usage. The policy to be adopted by the Rialto Police Department regarding the cellular site simulator and related privacy issues will be crafted to be in full compliance with that code.
Maintaining individual privacy is of the utmost importance the Rialto Police Department. The cellular site simulator only captures IMSI numbers, not telephone numbers. The device will not see any telephone numbers of cellular devices. An IMSI number is a 15 digit number unique to a SIM card within a cellular phone. An IMSI number by itself is virtually anonymous and meaningless to law enforcement. For any personal information to be obtained from an IMSI number a search warrant must be obtained. The search warrant must detail the probable cause outlining why information on an IMSI is needed. That information is retained by cellular phone providers and is not released absent a warrant. As a matter of practice IMSI numbers captured by the cellular site simulator are automatically deleted when the system is turned on/off.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and excludes the following:
1) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.
2) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
The City of Rialto has outlined key goals and objectives relating to public safety. The purchase of this equipment is consistent with meeting these objectives.
Goal 5-8: Provide effective and comprehensive policing services that meet the safety needs of Rialto.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
The City Attorney's Office has reviewed the agreement and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
This purchase does not impact the city’s operating budget.
Capital Improvement Budget Impact
Funding is available for the purchase of a radio frequency detector/cell site simulator, for the total purchase price of $930,005.16, with Jacobs Technology Inc using a combination of funds from Fund 2219 and Fund 2214.
Per Rialto Municipal Code Section: 2.48.145, a vendor disclosure form is attached.
Licensing
This action does not trigger a requirement for a business license.