B0785-0001\2887844v1.doc
AGENDA REPORT
Meeting Date: November 21, 2023
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener
Subject: 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
1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance 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”.
INTRODUCTION
At its meeting of November 7, 2023, the City Council reviewed the military equipment request and made the requisite determinations pursuant to Government Code § 7071(d)(1). At that same meeting, the City Council conducted a first reading of the ordinance and introduced it.
DISCUSSION
The Beverly Hills Police Department seeks approval to add additional items into the Department’s approved Military Equipment Inventory; specifically, thirteen Brugger & Thomet (“B&T”) semi-automatic carbine firearms for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills in high-risk situations.
Meeting Date: November 21, 2023
B0785-0001\2887844v1.doc
This ordinance authorizes the Beverly Hills Police Department to acquire the thirteen B&T semi-automatic carbine firearms identified in the Beverly Hills Police Department’s Military Equipment Inventory, as set forth in the attached Exhibit A and incorporated by this reference.
FISCAL IMPACT
The cost of the requested items is outlined below. No additional funding is requested for these purchases.
Item Total Cost Funding Source
B & T Semi-Automatic Carbine $49,990 00102301-731220
Laurence S. Wiener
City Attorney
Approved By
Attachment 1
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ORDINANCE NO. 23-O-______
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
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-O-2859, approving the Beverly Hills Police Department’s Military Equipment Use Policy (“Policy 706”) and Military Equipment Use Inventory; and WHEREAS, on April 18, 2023, City Council approved the Beverly Hills Police Department’s request to add additional items to the approved Military Equipment Use Inventory; specifically seven new drone models (for a total of 20 additional drones); and WHEREAS, on May 2, 2023, City Council authorized the Beverly Hills Police Department’s new Military Equipment Use Inventory (Ordinance No-23-O-2875) and renewed its military equipment ordinance, Ordinance No-23-O-2876); 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 thirteen Brugger & Thomet (“B&T”) semiautomatic carbine firearms identified in the attached Beverly Hills Police Department Military Equipment Inventory (“Military Equipment Inventory”), for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills in high-risk situations.
NOW, THEREFORE,
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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 November 7, 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:
A. The military equipment identified in the Beverly Hills Police Department’s Military Equipment Inventory are necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety for the reasons identified in the Military Equipment Inventory; and
B. The military equipment identified in the Beverly Hills Police Department’s Military Equipment Inventory will safeguard the public’s welfare, safety, civil rights, and civil liberties for the reasons identified in the Military Equipment Inventory; and C. The military equipment identified in the Beverly Hills Police Department’s Military Equipment Inventory are necessary because there are no cost effective alternatives; and D. Prior military equipment use complied with Beverly Hills Police Department Policy 706, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 3. Pursuant to Government Code Section 7071, the City Council hereby authorizes the Beverly Hills Police Department to acquire the thirteen B&T semi-automatic carbine firearms identified in the Beverly Hills Police Department’s Military Equipment Inventory, 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.
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.
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EXHIBIT A
BEVERLY HILLS POLICE DEPARTMENT - MILITARY EQUIPMENT INVENTORY
BEVERLY HILLS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY
Item Category: Firearms
B & T Semi-Automatic Carbine
Description Semi-Automatic Carbine
Quantity 13 Authorized: 20
Capability The B&T semi-automatic carbine is a compact carbine that uses a standard pistol caliber. It provides excellent handling, accuracy, safety, and low recoil. In conjunction with the Range staff, K9 Unit, and the Crime Impact Team (CIT), we tested numerous weapons platforms in this category from various manufacturers, with the B&T APC9 proving itself to be the clear frontrunner. Several United States military and law enforcement units are deploying this weapon system.
Life Span Approximately 5 years
Manufacturer’s
Description
The Advanced Police Carbine (APC) series was designed for the demands of today’s police, special forces, and military units around the world. As the hallmark of the B&T line, the APC series represents the ultimate in performance, reliability, and accuracy. The APC family includes the flexible and adaptable APC9/40 & 45/10mm, the rifle caliber APC223/556/300 line, and the ultimate in semiautomatic precision, the APC308. With a comprehensive suite of accessories created specifically for these platforms, the APC series represents a breakthrough in customization and modularity for every operator, and every specialized mission.
Purpose B&T semi-automatic carbine is used to protect the lives of the public during a potential lethal force circumstance. It is a compact alternative that can be used during high risk surveillance operations and undercover operations. This is the only alternative to much larger and powerful rifle caliber carbines.
Authorized Use Authorized carriers who have completed the basic training course.
Legal and
Procedural
Rules
It is the policy of the BHPD to utilize the B&T semi-automatic carbine only for law enforcement purposes, and in a manner that is allowed by State and Federal Law, and BHPD policy.
Fiscal Impact Initial Cost: $49,990
Re-Occurring Costs: NA
Maintenance Costs: NA
Year Obtained: 2023
How acquired: Operational budget
Training Initial 24 hours course, quarterly qualifications.
Necessity Government Code
§ 7071(d)(1)(A)
There is no alternative weapon in class type and
size for the preservation of life and deployment in
a surveillance or undercover capacity
Public Welfare Government Code
§ 7071(d)(1)(B)
The equipment will be depolyed in potential lethal
force situations in order to protect the public from
death or great bodily injury.
BEVERLY HILLS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY
Cost Effective Government Code
§ 7071(d)(1)(C)
There are no other alternatives in cost.
Compliance Government Code
§ 7071(d)(1)(D)
Use will be recorded on a “Military Equipment
Use” Blue Team Entry and electronically
submitted. The designated Military Equipment
Coordinator will ensure future compliance with
this Policy.