1 STAFF REPORT
DATE: November 7, 2023
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
BY: Courtney Padgett, Police Administrator
SUBJECT: Approval of the Police Department’s Acquisition of New and Additional Military Equipment
RECOMMENDATION
Approve the acquisition of new and additional military equipment.
BACKGROUND
On September 30, 2021, Governor Newsom signed into law A ssembly Bill (AB) 481 (Attachment 1) , which went into effect on January 1, 2022 , and add ed California Government Code Sections 7070 through 7075 relat ing to the funding, acquisition, and use of military equipment by local law enforcement agencies . The bill requires agencies to annually publish a military equipment report that includes a summary of each type of military equipment, its intended purpose, quantity possessed, a summary of any complaints received concerning the equipment, and the results of any i nternal audits pertaining to violations of the equipment use. The bill also requires that agencies hold at least one community engagement meeting to allow the public to ask questions and discuss the report . The Burbank Police Department (Department) publis hed its most recent annual military equipment report on January 18, 2023, and held the associated community meeting on February 15, 2023. The annual report, including the Department’s existing inventor y, continued use of equipment, and the fiscal impact for use of the equipment, was approved by City Council on April 11, 2023.
In addition to publishing the annual military equipment report, AB 481 requires law enforcement agencies seeking to acquire new or additional equipment defined as military equipment as set forth in Government Code Section 7070 subsection (c) to obtain approval from its governing body prior to acquiring such equipment.
POLICE DEPARTMENT
2 DISCUSSION
AB 481 was introduced to increase transparency and accountability for the funding, acquisition, and use of military equipment by law enforcement agencies. The legislation includes a broad definition of what constitutes military equipment, including items such as unmanned aerial vehicles (commonly referred to as drones) that are regularly used in everyday society by members of the public and have been effectively deployed for many years by law enforcement to respond to emerging threats, civil unrest, and mass casualty events. Furthermore, several of the items the bill defines as military equipment are not necessarily used by the military, but are less lethal, standard issue equipment for police officers. While possession of such equipment does not warrant its use in common circumstance, this essential equipment is deployed based on situational necessity to effectively de-escalate intense situations or bring volatile conditions and critical incidents to a safe resolution.
The Department conducts an ongoing evaluation of all aspects of operations to ensure the continued delivery of effective public safety services for the community. This evaluation includes a comprehensive review of the circumstances present in law enforcement interventions, the tactics deployed, and identification of methods to enhance response to future incidents. Through this evaluation, the Department has identified three types of equipment that will further existing capacity. As such, the Department desires to pursue the acquisition of the equipment listed below. Detailed information for each requested item, including the equipment description, requested quantity, costs, funding source, purpose, and intended use are listed in Attachment 2.
Unmanned, Remotely Piloted Aircraft (Drones)
The Department implemented a drone program in 2018. Drones are a commonly used and valuable resource for law enforcement and first responders during emergency service operations. Drones are utilized to accurately capture traffic collision scenes, conduct pre- tactical deployment planning, support in unfolding incidents such as hostage and barricade situations, searching for lost persons, mapping of crime scenes, capturing incident scenes for forensic analysis, and analyzing traffic patterns. The Department ’s existing program consists of two drones that are over five years old, utilize outdated technology, and are nearing end of life. The Department requests to acquire three new drones to further use of this technology as a force multiplier to enhance safety and provide improved operational effectiveness and real time situational awareness.
Remotely Piloted Ground Vehicles (Micro Robots)
The Department has utilized a micro robotic vehicle since 2010. Micro robots are designed to provide access for law enforcement to situations that are physically inaccessible or unsafe for first responders. Robots can be used to safely manipulate objects and collect essential intelligence at an incident scene. The Department’s current robot is no longer operational . The manufacturer discontinued its business in January 3 2023, and therefore replacement parts and repairs are not available. The Department requests to acquire two new micro robotic systems. The new systems are compact, operate via a remote hand-held controller, are crash proof, and have front and back wide angle low -light cameras. T he robots are designed so that they can be tossed into a window or doorway of a building and are capable of climbing and descending stairs and navigating other challenging terrain.
Kinetic Energy Weapons (40-Millimeter Launchers)
40-millimeter (mm) launchers are widely used by law enforcement agencies as a less lethal method for de-escalating high risk situations. These launchers deploy soft impact rounds from an engagement range of approximately 40 meters, which can be effective in managing situatio ns involving edge weapons/knives, pipes, bottles, etc. With this extended range, officers can establish a safe distance, work to develop lines of communication, and increase the likelihood of a successful and safe resolution to a situation. The Department currently has 16 single- launch 40mm s in its inventory. T o enhance situational effectiveness, the Department requests to acquire six new multi - launch 40mms and associated munitions . The multi -launch devices allow for the immediate deployment of two successional rounds without a delay to reload. This enables the rapid deployment of a second round in the event that a first round is not fully effective, an upgraded capability over the current single- launch devices. The Department has evaluated several recent critical incidents involving armed suspects where it was determined that availability of a multi-launch less lethal 40mm may have enhanced the response capabilities to manage each situation more effectively.
All proposed equipment will be used in accordance with Department policy 709 Military Equipment and all new and additional equipment approved by Council shall be added to the Department’s military equipment inventory report that is publicly available on the Department’s website.
ENVIRONMENTAL REVIEW
Approval of the acquisition of new and additional military equipment has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal.
Code Regs § 15378.
FISCAL IMPACT
The Department has received approved funding for two drones and for two micro robotic systems through the Urban Area Security Initiative (UASI) grant program. UASI grant funds are restricted and must be used by law enforcement to sustain and/or enhance agency capabilities to mitigate and respond to threat incidents. UASI funding will support all costs associated for the purchase of two small drones at a total estimated cost of 4 $12,850. UASI funds will also support costs for the purchase of two micro robots at a total estimated cost of $25,275.
The City’s cost will be to support the acquisition of one larger model drone (approximately $16,800), six multi-launch 40mm kinetic energy weapons (approximately $14,910), and 50 rounds of munitions for the 40mm launchers (approximately $1,376). The Department has identified funding within its approved Fiscal Year 2023-24 budget to support the costs for these projects. Recurring costs of approximately $ 3,000 per year for replacement batteries for the drones and micro robots will be funded through the Department’s annual approved budget. There are no recurring costs associated with the 40mm launchers.
The City’s cost will also include depreciated funds for the future replacement of the micro robots and the larger model drone that meet the City’s capitalization threshold (items valued at $10,000 or greater). Each equipment item will be depreciated over a four -year period for future replacement.
CONCLUSION
Pursuant to AB481, the Department is submitting this request to acquire new and additional military equipment for Council’s review and approval. This request is separate from the required annual report, which will be completed following the end of the calendar year and published in January 2024 for public review. The Department anticipates holding a community meeting to discuss the new report in February 2024 and presenting the report to Council at a regularly scheduled meeting in Spring 2024.
The Department is committed to transparency, public trust, community partnerships, and compliance with legal requirements, while providing quality public safety services for the community using contemporary practices and equipment. When incidents of a criminal or threatening nature occur within the City, the community has an expectation that its Police Department is well-equipped, properly trained, and ready to manage all situations. The requested equipment will assist in minimizing risk to members of the c ommunity and officers during dynamic and unfolding high risk incidents, maintaining a state of readiness through continuous training and familiarity with such equipment, and strategically fulfilling the Department’s mission to protect life and property.
ATTACHMENT
Attachment 1 – Assembly Bill No. 481
Attachment 2 – Description of Requested New and Additional Military Equipment