Item E-9 Agenda Report — Beverly Hills City Council, May 2, 2023

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AGENDA REPORT
Meeting Date: May 2, 2023
Item Number:

To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: A. AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S

MILITARY EQUIPMENT USE INVENTORY IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 7071
B. AN ORDINANCE OF THE CITY OF BEVERLY HILLS RENEWING

ITS MILITARY EQUIPMENT USE ORDINANCE IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 7071
Attachments: 1. Ordinance (Military Equipment Use Inventory)

2. Ordinance (Military Equipment Use)

RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the following two ordinances entitled:
“AN ORDINANCE OF THE CITY OF BEVERLY HILLS AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY EQUIPMENT USE INVENTORY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071”, and “AN ORDINANCE OF THE CITY OF BEVERLY HILLS RENEWING ITS MILITARY

EQUIPMENT USE ORDINANCE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071”.

INTRODUCTION
At its meeting of April 18, 2023, the City Council determined the following pursuant to Government Code § 7071(d)(1):

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• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
• The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
• If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
• Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

As such, at that same meeting, the City Council conducted a first reading of the military equipment use inventory and military equipment use ordinances and introduced them.

DISCUSSION
On April 26, 2022, City Council adopted its Military Equipment Use Ordinance (Ordinance No. 22-O-2859). The Military Equipment Use Ordinance approved the Beverly Hills Police Department’s (“BHPD”) Military Equipment Use Policy (“Policy 706”) and Military Equipment Use Inventory, as further detailed in the April 18, 2023 staff report.

At its April 18, 2023 meeting, the City Council reviewed the approved military equipment currently utilized by BHPD and BHPD’s annual report to the governing body regarding each type of military equipment approved (the “Annual Report”). City Council also determined that each type of the military equipment identified in the Annual Report complied with the legislative findings at the time the ordinance was adopted.

At that same meeting, the City Council also considered and approved BHPD’s request seeking approval to add additional items to the Department’s approved Military Equipment Use Inventory; specifically seven new drone models (for a total of 20 additional drones). On April 26, 2022, City Council approved the use of similar equipment. The proposed items vary by make, manufacturer, manufacturer’s description and cost, and therefore required City Council approval prior to purchase.

FISCAL IMPACT
The cost of the requested items in the New Acquisition List are outlined below. No additional funding is requested for these purchases.

Item Total Cost Funding Source
Brinc LEMUR 2 (2) $26,000 Fund 400 Line #170-109*
DJI Mavic Mini (1) $500 0012704-72200
Brinc LEMUR Advanced (2) $26,000 Fund 400 Line #170-109* DJI Matric 30T Combo (1) $13,341 Fund 400 Line #170-109* Autel EVO 2 Dual 640T (4) $38,640 Fund 400 Line #170-109*

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Autel EVO II Pro 6K Enterprise (7) $30, 348 Fund 400 Line #170-109* DJI Avata (3) $7,519 Fund 400 Line #170-109*
* Use of Fund 400 funds for these drone purchases was previously approved by City Council on April 12, 2022 during the Real Time Watch Center presentation.

Laurence S. Wiener
City Attorney
Approved By
Attachment 1
ORDINANCE NO. 23-0----

AN ORD INANCE OF THE CITY OF BEYERL Y HILLS AUTHORIZING

THE BEVERLY HILLS POLICE DEPARTMENT'S MILITARY
EQUIPMENT USE INVENTORY IN Accor~ ANCE WITH
GOVERNMENT CODE SECTION 7071

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, on September 30, 2021, the State Legislature enacted Assembly Bill 481 ("AB 481 "), adding sections 7070 et seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring military equipment, as defined by Government Code section 7070( c ); and
WHEREAS, Government Code section 7071 requires law enforcement agencies to obtain approval from their governing body by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and WHEREAS, on April 26, 2022, City Council adopted its military equipment use ordinance, Ordinance No. 22-0-2859, approving the Beverly Hills Police Department's Military Equipment Use Policy ("Policy 706") and Military Equipment Use Inventory; and WHEREAS, the Beverly Hills Police Department currently possesses equipment that qualifies under the definition of "military equipment" in Government Code section 7070( c ), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents; and
WHEREAS, the Beverly Hills Police Department seeks to add to its existing Military Equipment Use Inventory by permanently acquiring twenty drones identified in the attached Military Equipment Use Inventory - New Acquisition List ("New Acquisition List"), for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills.

NOW, THEREFORE,
Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.

Section 2. Legislative Findings. Pursuant to Government Code Section 7071, the City Council considered the adoption of this Ordinance at a regular, public meeting on April 18, 2023, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:
80785-000I\28011 OOv I.doc
A. The military equipment identified in the Beverly Hills Police Department's New Acquisition List are necessary because there is no reasonable alternative that can achieve the same objective of officer and non-officer safety for the reasons identified in the New Acquisition List; and
B. The military equipment identified in the Beverly Hills Police Department's New Acquisition List will safeguard the public's welfare, safety, civil rights, and civil liberties for the reasons identified in the New Acquisition List; and
C. The military equipment identified in the Beverly Hills Police Department's New Acquisition List are reasonably cost effective compared to available alternatives that can achieve the same objective of officer and non-officer safety for the reasons identified in the New Acquisition List; and
D. Prior military equipment use complied with Beverly Hills Police Department Policy 706.

Section 3. Pursuant to Government Code Section 7071, the City Council hereby authorizes the Beverly Hills Police Department to acquire the twenty additional drones identified in the Beverly Hills Police Department's New Acquisition List, as set forth in the attached Exhibit A and incorporated by this reference.

Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Section 7. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Adopted:

Effective:
-2-
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ATTEST:
---~~~-----(SEAL)

HUMAAHMED
City Clerk
APPROVED AS TO FORM:
2'~ (/_ LAURENCE S. WIENER
City Attorney
80785-000I\28011 OOv I.doc
-JJULIAN A. GOLD, M.D.

Mayor of the City of
Beverly Hills, California
APPROVED AS TO CONTENT:

NANCY HUNT-COFFEY
City Manager

EXHIBIT A

MILITARY EQUIPMENT USE INVENTORY-NEW ACQUISITION LIST
-4-
B0785-000I\28011 OOv I.doc

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Item Category: Drones
Brine LEMUR 2
Description Unmanned Aerial Vehicle
Quantity 2
Capability The Brine LEMUR 2 is an advanced commercial-grade UAV specifically designed for interior use. This UAV is a battery powered, remote operated device. The controller facilitates two-way conversation between first responders and people they need to help through a set of two ultra-sensitive microphones and a small lightweight loudspeaker. The controller allows operators to control the UAV and view live feed from UAV-mounted cameras. Flight time of approximately 30 minutes per battery, depending on weather and flight conditions. Furthermore, the Brine is equipped with a 4k digital camera with thermal capability for better viewing and range overall but also in low light environments. It is also equipped with a LiDAR sensor which provides a 30 map of the path of the UAV as it flies which can be viewed live, as well as the camera view, within a smartphone application. A new mesh networkis also installed in the UAV which allows for a stronger and more sustainable video and control sianal.

Life Span 5 vears
Manufacturer's The Brine LEMUR is an American-made purpose-built tactical UAV Description designed to aid special response teams in barricade, hostage, active shooter, and other high-risk situations. Novel battery technology based on proven Lithium-Ion chemistry allows for best in class flight time. Included micro SD card, carbon fiber reinforced propeller ducts enable the drone to bounce off walls and push open doors. Crashes do not end missions with the LEMUR ends up on its back, it can flip itself over and relaunch to finish the mission.

Purpose When a legal justification exists to enter a location, the LEMUR provides an aerial interior over watch in support of tactical /critical situations to enhance the safety and efficiencv of law enforcement.

Authorized Use Authorized operators who have completed the required training shall be permitted to operate the UAV.

Legal and It is the policy of the BHPD to utilize UAV only for law enforcement Procedural purposes, and in a manner that respects the privacy of our Rules communitv, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: Initial Cost: $26,000 (Total cost for 2) Re-Occurring Costs: N/A
Maintenance Costs: Approximately $500
Year Obtained:2022
How acquired: UASI Grant
Training FAA Part 107 Certificate. Monthly in-house training Necessity Government Code I The UAV provides visibility to high-risk locations. § 7071(d)(1)(A) It is able to enter small, enclosed strucures as

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
well as provide overhead observations. There is
no known alternatives which could provide the
same visibility to safely access these locations.

Public Welfare Government Code Without the use of the UAV, officers would have § 7071(d)(1)(B) to deploy to high-risk locations which would increase the risk for both the officers and the
members of the public.

Cost Effective Government Code $26,000 is a reasonable cost for 2 commercial- § 7071(d)(1)(C) grade UAVs with a 5 year life span. Furthermore, these drones were acquired from federal grant
funds at no cost to the Citv.

Compliance Government Code Use will be recorded on a "Military Equipment Use" § 7071(d)(1)(D) Blue Team Entry and electornically submitted. The designated Military Equipment Coordinator will ensure
future compliance with this Policy.

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Item Category: Drones
OJI Mavle Mini (BH-4)
Description Unmanned Aerial Vehicle (UAV)
Quantity 1
Capability DJI Mavic Mini can hover and fly indoors as well as outdoors and Return to Home automatically. It is able to record video and take photographs. Its maximum flight speed is 29 mph and has an approximate 30 minute flight time.

Life Span Approximately 5 vears
Manufacturer's Featuring a Downward Vision System and Infrared Sensing Description System, DJI Mavic Mini can hover and fly indoors as well as outdoors and Return to Home automatically. With a fully stabilized 3-axis gimbal and 1/2.3" sensor camera, Mavic Mini shoots 2.7K video and 12 MP photos. Mavic Mini has a maximum fliqht speed of 29 mph and a maximum fliqht time of 30 minutes.

Purpose When a legal justification exists to enter a location, the UAV can assist officers or incident commanders with indoor tactical views.

Authorized Use Authorized operators who have completed the required training and paired with a 107 certified pilot.

Legal and It is the policy of BHPD to utilize the UAV for law enforcement Procedural Rules purposes, and in a manner that respects the privacy of our communitv, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: $500
Re-Occurring Costs: 0
Maintenance Costs: $250
Year Obtained:2020
How acauired: Department funds
Training Pilots must have a good understaning of controls and capabilities in order to be effective.

Necessity Government Code The UAV provides visibility to high-risk § 7071(d)(1)(A) locations. It is able to enter small, enclosed strucures as well as provide overhead
observations. There is no known alternatives
which could provide the same visibility to
safely access these locations.

Public Welfare Government Code Without the use of the UAV, officers would § 7071(d)(1)(B) have to deploy to high-risk locations which would increase the risk for both the officers
and the members of the public.

Cost Effective Government Code The initial $500 cost is negligible. § 7071(d)(1 )(C)
Compliance Government Code Use will be recorded on a "Military Equipment § 7071(d)(1)(D) Use" Blue Team Entry and electornically submitted. The desianated Militarv Eauioment

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Coordinator will ensure future compliance with this
Policy.

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Item Category: Tactical Drones
Brine LEMUR Tactical Interior Drone
Description Unmanned Aerial Vehicle
Quantity 2
Capability The Brine LEMUR Advanced is a commercial-grade UAV specifically designed for interior use. This UAV is a battery powered, remote operated device. The controller facilitates two-way conversation between first responders and people they need to help through a set of two ultra-sensitive microphones and a small lightweight loudspeaker. The Controller allows operators to control the UAV and view live feed from UAV-mounted cameras. Flight time of approximately 30 minutes per battery, depending on weather and flight conditions.

Life Span Approximately 5 years
Manufacturer's The Brine LEMUR is an American-made purpose-built tactical UAV Description designed to aid special response teams in barricade, hostage, active shooter, and other high-risk situations. Novel battery technology based on proven Lithium-Ion chemistry allows for best in class flight time. Included micro SD card, carbon fiber reinforced propeller ducts enable the drone to bounce off walls and push open doors. Crashes do not end missions with the LEMUR ends up on its back, it can flip itself over and relaunch to finish the mission.

Authorized Use Authorized operators who have completed the required training shall be permitted to operate the UAV.

Legal and It is the policy of the BHPD to utilize UAV only for law enforcement Procedural purposes, and in a manner that respects the privacy of our Rules community, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: $26,000 (Total cost for 2)
Re-Occurring Costs: N/A
Maintenance Costs: Approximately $500
Year Obtained:2022
How acauired: UASI Grant
Training FAA Part 107 Certificate. Monthly in-house training Necessity Government Code The UAV provides visibility to high-risk § 7071(d)(1)(A) locations. It is able to enter small, enclosed strucures as well as provide overhead
observations. There is no known alternatives
which could provide the same visibility to safely
access these locations.

BEVERLY HILLS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY· NEW ACQUISITION LIST
Cost Effective Government Code $26,000 is a reasonable cost for 2 commercial- § 7071 (d)(1 )(C) grade UAVs with a 5 year life span .

Furthermore, these drones were acquired from
federal grant funds at no cost to the City.

BEYERL Y HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY- NEW ACQUISITION LIST
Item Category: Drones
OJI Matrlce 30T Combo
Description Unmanned Aerial Vehicle (UAV)
Quantity 1
Capability The OJI Matrlce 30T Combo w/ Care Enterprise is the DJI Enterprise flagship, weatherproof drone that fits in a backpack. It integrates multiple high-performance sensors into one single camera payload, is controlled with the DJI RC Plus Remote and runs on upgraded OJI Pilot 2 software, which significantly improves the flight experience. The powerful M30T offers the endurance and capability necessary for rugged professional use-cases. Additionally, its size makes it ideal for easy transportation and fast setup. The UAV also includes a 40mm 640x512 30fps thermal imaging camera with measurement accuracy of ±2°C or ±2%.

The DJI M30T allows professionals to fly and perform beyond their immediate surroundings. It integrates smoothly with the new DJI FlightHub 2 fleet management cloud-based software and the DJ I Dock for collaboration with remote and unattended operations, bringing efficiency innovation to various industries.

The M30T model integrates a 48-megapixel 1/2" CMOS sensorzoom camera with 5x-16x optical and 200x digital zoom, a 12- megapixel wide-angle camera, BK photo, 4K/30 fps video resolution, and a laser rangefinder which can give the precise coordinates of obiects up to 1,200 meters away.

Life Span Approximately 5 years
Manufacturer's The total weight of the M30, which includes two batteries, is 3770 .±.

Description 10 g. That's only a little over eight lbs., compared to the Matrice 300 RTK, whose take-off weight is nearly 20 lbs.

The Matrice 30 condenses from unfolded dimensions of
470x585x215 mm (LxWxH) to folded dimensions of 365x215x195 mm -that's approximately 18.5x23x8.5 inches to 14.5x8.5x7.5 inches, respectively.

Pinned up against the Mavic 3 (approx. 1. 7x11 x4.2 inches unfolded;

8.7x3.8x3.6 inches folded), its much larger, but still incredibly compact.

Due its relatively small size, this drone can easily be carried in a pack, transportable to even the most remote locations.

Purpose Aerial over watch in all weathers to assist officers or incident commanders with situations with include but are not limited to:

1. Response to emergency calls

2. Major collision investigations

3. Search for missinQ persons
I

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST

4. Crime scene investigations

5. Natural disaster management

6. SWAT, tactical or other public safety and life preservation operations
Authorized Use Incident Commander Approval. Authorized operators who have completed the required training and received a FAA Part 107 Certificate are permitted to operate the UAV.

Legal and It is the policy of BHPD to utilize the UAV for law enforcement Procedural purposes, and in a manner that respects the privacy of our Rules communitv, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: $13,341
Re-Occurring Costs: N/A
Maintenance Costs: Approximately $500
Year Obtained:2022
How acquired: Equipment Replacement Fund (Fund 400)
Training FAA Part 107 Certificate. Pilots must complete BHPD in house initial traininQ
Necessity Government Code The UAV provides police personnel with the § 7071 (d)(1 )(A) ability to more quickly respond to emergency calls for service enhancing public safety. The
use of UAV allows police personnel to asess
potentially dangerous situations from a safe
vantage point and can be used to direct police
resources on the ground and mitigate the risk of
harm to officers and the public. There is no
known alternative which could provide the same
capabilities.

Public Welfare Government Code The use of these UAV's positively impact public § 7071 (d)(1 )(B) welfare as they expedite the arrival of police resources at emergency calls for service and
improve they promote de-ecalation and
aooropriate tactics.

Cost Effective Government Code $13,341 is a reasonable cost for a UAV with a 5 § 7071 (d)(1 )(C) year life span.

Compliance Government Code Use will be recorded on a "Military Equipment Use" § 7071 (d)(1 )(D) Blue Team Entry and electornically submitted. The designated Military Equipment Coordinator will
ensure future compliance with this Policy.

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Item Category: Drones
Autel EVO 2 DUAL 640T (Thermal) Enterprise Bundle
Description Unmanned Aerial Vehicle (UAV)
Quantity 4
Capability Detect, reduce and clear threats in complex terrain such as dense urban areas, and confined spaces in dav or night situations.

Life Span Approximatelv 5 vears
Manufacturer's The 640T Model features an lnfiRay 640x512 radiometric thermal Description sensor and 8K/48MP visual camera. The Enterprise version features larger carbon fiber arms with bigger, more powerful motors and larger propellers which yield an additional 5-7 minutes of flight time bringing the maximum flight time to 42 minutes. The EVO 11 Enterprise also has an ADS-B receiver for enhanced awareness of the operators' airspace in addition to encrypted internal and external storage. All EVO II Enterprise Bundles are equipped with Autel's 7 .9" 2000-nit Smart Controller for maximum viewing when operating.

Purpose Training
Aerial over watch to assist officers or incident commanders with situations with include but are not limited to:
1 . Response to emergency calls

2. Major collision investigations

3. Search for missing persons

4. Crime scene investigations

5. Natural disaster management

Legal and It is the policy of BHPD to utilize the UAV for law enforcement Procedural Rules purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: $38,640
Re-Occurring Costs: 0
Maintenance Costs: $400
Year Obtained:2022
How acQuired: EQuipment Replacement Fund (Fund 400)
Training FAA Part 107 Certificate. Pilots must complete BHPD in house initial training
Necessity Government The UAV provides police personnel with the Code ability to more quickly respond to emergency
§ 7071 (d)(1 )(A) calls for service enhancing public safety. The use of UAV allows police personnel to asess
potentially dangerous situations from a safe
vantage point and can be used to direct

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
police resources on the ground and mitigate
the risk of harm to officers and the public.

There is no known alternative which could
provide the same capabilities.

Public Welfare Government The use of these UAV's positively impact Code public welfare as they expedite the arrival of
§ 7071 (d)(1 )(B) police resources at emergency calls for service and improve they promote deecalation and appropriate tactics.

Cost Effective Government $38,640 is a reasonable cost for 4 UAV's Code with a 5 year life span.
§ 7071 (d)(1 )(C)
Compliance Government Use will be recorded on a "Military Equipment Code Use" Blue Team Entry and electornically
§ 7071 (d)(1 )(D) submitted. The designated Military Equipment Coordinator will ensure future compliance with
this Policv.

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Item Category: Drones
Autel EVO II PRO 6K Enterprise Bundle
Description Unmanned Aerial Vehicle (UAV)
Quantity 7
Capability TraininQ, quick deployment and ariel over watch Life Span Approximately 5 years
Manufacturer's The 6K Pro Model features a 6K 1" CMOS sensor capable of Description shooting up to 20MP stills. The Enterprise version features larger carbon fiber arms with bigger, more powerful motors and larger propellers which yield an additional 5-7 minutes of flight time bringing the maximum flight time to 42 minutes. The EVO II Enterprise also has an ADS-B receiver for enhanced awareness of the operators' airspace in addition to encrypted internal and external storage. All EVO II Enterprise Bundles are equipped with Autel's 7 .9" 2000- nit Smart Controller for maximum viewing when operating Purpose Training
Aerial over watch to assist officers or incident commanders with situations with include but are not limited to:

1. Response to emergency calls

2. Major collision investigations

3. Search for missing persons

4. Crime scene investigations

5. Natural disaster management

Legal and It is the policy of BHPD to utilize the UAV for law enforcement Procedural purposes, and in a manner that respects the privacy of our Rules community, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: $30,348
Re-Occurring Costs: N/A
Maintenance Costs: Approximately $250
Year Obtained:2022
How acquired: Equipment Replacement Fund (Fund 400)
Training FAA Part 107 Certificate. Pilots must complete BHPD in house initial traininQ
Necessity Government The UAV provides police personnel with the ability Code to more quickly respond to emergency calls for
§ 7071 (d)(1 )(A) service enhancing public safety. The use of UAV allows police personnel to asess potentially
dangerous situations from a safe vantage point
and can be used to direct police resources on the

BEVERLY HILLS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY • NEW ACQUISITION LIST
ground and mitigate the risk of harm to officers
and the public. There is no known alternative
which could pirovide the same cavabilities.

Public Welfare Government The use of these UAV's positively impact public Code welfare as they expedite the arrival of police
§ 7071(d)(1)(B) resources at emergency calls for service and improve they promote de-ecalation and
a1)[)rooriate tactics.

Cost Effective Government $30,348 is a reasonable cost for 7 UAV's with a 5 Code year life span.
§ 7071(d)(1 )(C)
Compliance Government Use will be recorded on a "Military Equipment Use" Code Blue Team Entry and electornically submitted. The
§ 7071 (d)(1 )(D) designated Military Equipment Coordinator will ensure future compliance with this Policv.

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
Item Category: Drones
OJI Avata
Description Unmanned Aerial Vehicle (UAV)
Quantity 3 I Authorized: 6
Capability Training, Quick deployment and confined space capability Life Span Approximately 5 years
Manufacturer's The OJI Avata is smaller, lighter, much more maneuverable, and Description sports a cinewhoop design where propeller guards are built into the drone's airframe.

Purpose Training
Aerial over watch to assist officers or incident commanders with situations with include but are not limited to:

1. Response to emergency calls

2. Confined space capability

3. Major collision investigations

4. Search for missing persons

5. Crime scene investigations

6. Natural disaster management

7. SWAT, tactical or other public safety and life preservation operations
Authorized Use Incident Commander Approval. Authorized operators who have completed the required training and received a FAA Part 107 Certificate are permitted to operate the UAV.

Legal and It is the policy of BHPD to utilize the UAV for law enforcement Procedural purposes, and in a manner that respects the privacy of our Rules communitv, pursuant to State and Federal Law.

Fiscal Impact Initial Cost: $7,519.35
Re-Occurring Costs: N/A
Maintenance Costs: Approximately $250/ unit per year
Year Obtained:2023
How acauired: Eauipment Replacement Fund Coversion(Fund 400) Training FAA Part 107 Certificate. Pilots must complete BHPD in house initial training
Necessity Government The UAV provides police personnel with the ability Code to more quickly respond to emergency calls for
§ 7071 (d)(1 )(A) service enhancing public safety. The use of UAV allows police personnel to asess potentially
dangerous situations from a safe vantage point
and can be used to direct police resources on the
ground and mitigate the risk of harm to officers
and the public. There is no known alternative
which could provide the same capabilities.

Public Welfare Government The use of these UAV's positively impact public Code welfare as they expedite the arrival of police
§ 7071 (d)(1 )(B) resources at emergency calls for service and

BEVERLY HILLS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY - NEW ACQUISITION LIST
improve they promote de-ecalation and
appropriate tactics.

Cost Effective Government $7,519.35 is a reasonable cost for 3 UAV's with a Code 5 year life span.
§ 7071 (d)(1 )(C)
Compliance Government Use will be recorded on a "Military Equipment Use" Code Blue Team Entry and electornically submitted. The
§ 7071 (d)(1 )(D) designated Military Equipment Coordinator will ensure future compliance with this Policy.

Attachment 2
ORDINANCE NO. 23-0----

AN ORD IN AN CE OF THE CITY OF BEYERL Y HILLS RENEWING ITS

MILITARY EQUIPMENT USE ORDINANCE IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 7071
THE CITY COUNCIL OF THE CITY OF BEYERL Y HILLS DOES HEREBY OKT"AIN AS FOLLOWS:

WHEREAS, on September 30, 2021, the State Legislature enacted Assembly Bill 481 ("AB 481 "), adding sections 7070 et seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring military equipment, as defined by Government Code section 7070( c ); and
WHEREAS, Government Code section 7071 requires law enforcement agencies to obtain approval from their governing body by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and WHEREAS, on April 26, 2022, City Council adopted its military equipment use ordinance, Ordinance No. 22-0-2859, approving the Beverly Hills Police Department's Military Equipment Use Policy ("Policy 706") and Military Equipment Use Inventory; and WHEREAS, the Beverly Hills Police Department currently possesses equipment that qualifies under the definition of "military equipment" in Government Code section 7070( c ), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents; and
WHEREAS, in accordance with Government Code Section 707l(e)(l), a law enforcement agency seeking to continue the use of any military equipment must annually commence the governing body renewal process for the military equipment use ordinance adopted by the governing body; and
WHEREAS, the renewal of the military equipment use ordinance is necessary in order to continue the use of such equipment for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills; and
WHEREAS, in accordance with Government Code Section 7072(a), the Beverly Hills Police Department submitted an annual report for each type of military equipment approved and has posted a copy of the annual report on the Beverly Hills Police Department's website.

WHEREAS, this ordinance was introduced to the City Council at the public meeting held on April 18, 2023, at which time the public had the opportunity to comment on this ordinance and the renewal of the military equipment use ordinance, military equipment use policy, and military equipment use inventory list.

B0785-000l\2796720v3.doc

NOW, THEREFORE,
Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.

Section 3. Pursuant to Government Code Section 7071, the City Council hereby renews its military equipment use ordinance, Ordinance No. 22-0-2859, and the military equipment use policy, Beverly Hills Policy Department Policy 706, as set forth in the attached Exhibit A and incorporated by this reference.

Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify -2-
80785-000 I \2796720v3.doc
to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Section 7. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Adopted:

Effective:

ATTEST:
__________ (SEAL)

HUMAAHMED
City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
80785-000 I \2796720v3.doc
-3-
JULIAN A. GOLD, M.D.

Mayor of the City of
Beverly Hills, California
APPROVED AS TO CONTENT:

NANCY HUNT-COFFEY
City Manager

EXHIBIT A

MILITARY EQUIPMENT USE ORDINANCE
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ORDINANCE NO. 22-0-2859

AN ORDINANCE OF THE CITY OF BEYERL Y HILLS ADOPTING A

MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH
ASSEMBLY BILL 481

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, on September 30, 2021, the State LegisJature enacted Assembly Bill 481 ("AB 481 "), adding sections 7070 et seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring military equipment, as defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires law enforcement agencies to obtain approval from their governing body by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body at a public meeting and at least 30 days prior to any such public meeting, the law enforcement agency shall make the military equipment use policy available on the law enforcement agency's internet website; and
WHEREAS, the Beverly Hills Police Department currently possesses equipment that qualifies under the definition of military equipment pursuant to Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents; and
WHEREAS, the adoption of the proposed military equipment use policy is necessary in order to continue the use of such equipment for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills; and WHEREAS, in accordance with Government Code Section 7071(a)(2), a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, must commence the governing body approval process for the military equipment use policy no later than May l, 2022; and
WHEREAS, in accordance with Government Code Section 7071, the Beverly Hills Police Department has commenced the governing body approval process and has posted a copy of the proposed military equipment use policy on the Beverly Hills Police Department's website on March l 0, 2022. Said posting is more than 30 days prior to the April 12, 2022 City Council meeting.

WHEREAS, Ordinance No. 22-0-2859 and the proposed military equipment use policy were presented and introduced to the City Council at the public meeting held on April 12, 2022, at which time the public had the opportunity to comment on Ordinance No. 22-0-2859 and the proposed military equipment use policy.

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NOW, THEREFORE,
Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.

Section 2. Legislative Findings. Pursuant to Government Code Section 7071, the City Council commenced the governing body approval process prior to May 1, 2022 and considered the adoption of this Ordinance at a regular, public meeting on April 12, 2022, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:

A. The military equipment identified in Beverly Hills Police Department Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and non-officer safety for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
B. The proposed military equipment use policy (Beverly Hills Police Department Policy 706) will safeguard the public's welfare, safety, civil rights, and civil liberties for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and C. The military equipment identified in Beverly Hills Police Department Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and non-officer safety for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
D. Prior to the adoption of Beverly Hills Police Department Policy 706, the Beverly Hills Police Department was not required to have and did not have a specific policy relating to the use of military equipment. Any improper use of Departmental equipment or alleged violations of Department policies were evaluated and reviewed with corrective action taken pursuant to Policy I 0 l 0 when appropriate. After the adoption of this Policy, the designated Military Equipment Coordinator will ensure future compliance with this Policy.

Section 3. Pursuant to Government Code Section 7071, the City Council hereby adopts the military equipment use policy entitled Beverly Hills Policy Department Policy 706 as set forth in the attached Exhibit A and incorporated by this reference.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. -2-
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Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Section 7. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

Adopted:

Effective:

ATTEST:

April 26, 2022
May 27, 2022
_, -
~HU~~ City Clerk
APPROVED AS TO FORM:
d__~- LAURENCE S. WIENER
City Attorney
B0785-000112642520v7 .doc
(SEAL)
-3-
Mayor of the City of
Beverly Hills, California
APPROVED AS TO CONTENT:

GEO~EZ City Manager

EXHIBIT A

MILITARY EQUIPMENT USE POLICY
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Policy Beverly Hills Police Department
706 BHPD Policy Manual
Military Equipment Use Policy
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code§ 7070):

Governing body - The City Council of the City of Beverly Hills which oversees the Department.

Military equipment - Includes but is not limited to the following:

Unmanned, remotely piloted, powered aerial or ground vehicles.

Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Tracked armored vehicles that provide ballistic protection to their occupants.

Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code§ 30510 and Penal Code§ 30515, with the exception of standard-issue weapons.

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.

Copyright Lexlpol, LLC 2022/04120. All Rights Reserved
Published with permission by Beverly Hiiis Police Oepartment Military Equipment Use Policy - 1 Beverly Hills Police Department
BHPD Policy Manual
Military Equipment Use Policy
706.2 POLICY
It is the policy of the Beverly Hills Police Department that members of this department comply with the provisions of Government Code§ 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department (Government Code § 7071 ). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Implementing the procedure for a person to submit a complaint.concern, or question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
All military equipment maintained by the Beverly Hills Police Department shall be inventoried and logged with the following information:
(a) The description of each type, including the manufacture's description of the equipment. (b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going annual maintenance. (f) The quantity of the equipment, whether maintained or sought. (g) The legal and procedural rules that govern the authorized use.

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BHPD Policy Manual
Military Equipment Use Policy
(h) The training that must be completed before use.

CURRENT MILITARY EQUIPMENT INVENTORY
Refer to attached for the Beverly Hills Police Department's Military Equipment Inventory.

Military Equipment lnventory.pdf

MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to the pre-authorized quantity approved by City Council, of stock in a calendar year in accordance with the annual military equipment report and this policy. 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment use policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment use policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071 ). The military equipment use policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071 ):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. ( e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity Copyright lexipol, LLC 2022104/20, All Rights Reserved
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Military Equipment Use Policy
with this Department, shall comply with their respective military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment use policy, the Chief of Police or the authorized designee should submit a military equipment use report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The governing body shall determine whether each type of military equipment identified in the annual report complies with findings at the time this policy was adopted. If it is determined that a type of military equipment in the annual report has not been compliant, City Council may either disapprove a renewal of the authorization or require that modifications be made.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include, at minimum, all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 PUBLIC QUESTIONS, CONCERNS AND COMPLAINTS
In accordance with Government Code § 7070, a person may register a complaint or concern, or submit a question about the use of a type of military equipment.

Any member of the public may ask questions, register concerns, or make complaints by submitting a "Military Equipment Use Inquiry and Complaint Form" on-line via the Beverly Hills Police Department's website. The receipt, processing, investigation, and response will be handled by the Department's Professional Standards Unit.
706.10 COMPLIANCE
The designated Military Equipment Coordinator will ensure that all Department members comply with this policy. Any alleged violations of this policy will be investigated pursuant to Policy 1010 and may be subject to disciplinary action. The Beverly Hills City Manager has final oversight authority over the use of military equipment.

Published wilh pennlsslon by Beverly Hills Police Department Military Equipment Use Policy - 4

Beverly Hills City CouncilMay 2, 2023

Beverly Hills City Council
May 2, 2023