1 STAFF REPORT
DATE: December 17, 2024
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
BY: Viviana Garzon, Police Administrator
Nazeli Ekimyan, Administrative Analyst II
SUBJECT: Approval of the Police Department’s Acquisition of Additional Military Equipment and Request to Apply for Grant Funding to Replace Existing Military Equipment
RECOMMENDATION
Approve the acquisition of additional military equipment and request to apply for grant funding to replace existing military e quipment, and authorize the City Manager or their designee to execute any required documentation to effectuate the grant application.
BACKGROUND
On September 30, 2021, Governor Newsom signed into law A ssembly Bill (AB) 481 (Attachment 1) , which became effective on January 1, 2022. This legislation added California Government Code §§ 7070 through 7075, addressing 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 of equipment possessed, a summary of any complaints received concerning the equipment, and the results of any internal audits related to violations of the equipment’s use.
The bill also requires that agencies hold at least one community engagement meeting to allow public discussion and questions regarding the report. The Burbank Police Department (Department) published its most recent annual military equipment report on January 18, 2024 , and held the associated community meeting on February 21, 2024.
The annual report, which includ ed a summary of the Department’s existing inventory, POLICE
DEPARTMENT
2 continued use of the equipment, and the fiscal impact of its usage was approved by Council on April 9, 2024.
AB 481 also mandates that any law enforcement agenc y seeking to acquire new or additional equipment classified as military equipment under Government Code § 7070 (c) must obtain approval from its governing body before acquisition. In addition, under Government Code § 7070 (a)(1)(c), law enforcement agencies must secure approval from its governing body before applying for grants to purchase military equipment.
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. 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, purpose, and intended use are listed (Attachment 2).
Unmanned, Remotely Piloted Aircraft (Drones)
The Department implemented a drone program in 2018, recognizing the growing value and utility of drones in law enforcement and first response operations. Drones play a crucial role in law enforcement operations by providing rapid deployment and real -time situational awareness. They assist in capturing traffic collision scenes, planning pre- tactical deployments, supporting hostage or barricade incidents, searching for missing persons, mapping crime scenes, and documenting incidents for forensic analysis. Their use enhances public safety by helping solve cases, facilitating arrests, and protecting lives and property.
3 The Department's current drone fleet consists of seven units : four are assigned to the Patrol Division, two of which feature outdated technology and are nearing the end of their operational lifespan. One drone is assigned to the Forensics Unit, while two others are dedicated to the SWAT Unit and are primarily used indoors during search warrants. The Department seeks to acquire two new drones to replace the outdated models in the Patrol Division. These new drones will enhance operational effectiveness , serve as a force multiplier, improve safety, and provide real-time situational awareness. The older drones will be reassigned for training and emergency purposes . This acquisition will allow the Department to fully leverage advanced drone technology for improved performance across various units.
Kinetic Energy Weapons (PepperBall Launchers)
PepperBall Variable Kinetic System Carbine Launchers (PepperBall Launchers) are an essential tool for law enforcement agencies, providing a less-lethal method to de-escalate high-risk situations. These launchers utilize high-pressure air to deploy PAVA powder projectiles with a range of up to 60 feet, delivering chemical agents for area saturation up to 150 feet. This capability allows officers to maintain a safe distance, establish lines of communication, and increase the chances of a successful, safe resolution. The Department currently possesses two PepperBall Launchers and seeks to acquire four additional units, along with the required projectiles. The new launchers will be assigned to the three Patrol Sergeants' vehicles and the Special Investigations D etail Sergeant’s vehicle, further enhancing the Department's capacity to manage high- risk situations safely and effectively.
Urban Area Security Initiative (UASI) Grant Application for the Replacement of the Armored Personnel Carrier (BearCat)
AB 481 mandates that law enforcement agencies secure approval from its governing body before applying for grants to purchase military equipment. The U.S. Department of Homeland Security, through its Federal Emergency Management Agency Grants Program Directorate (DHS), offers financial support to selected urban areas via the annual UASI Grant Program. This program focuses on addressing the distinctive needs for equipment, training, planning, exercises, and operational requirements of major urban areas.
Annually, the Department applies for UASI grant funding and Council authorizes the acceptance of the grant funds. Applications for the 2025 UASI Grant Program are due to DHS in spring 2025. The Department has identified the need to replace its 2008 Ford F- 550 Armored Personnel Carrier (BearCat) , a critical asset used by the Department’s Special Weapons and Tactics (SWAT) team and available for rapid response in the tri - cities of Burbank, Glendale, and Pasaden a, and our regional Mutual Aid Area. The BearCat enables trained officers to perform critical response and rescue operations safely and effectively during hazardous, high-risk, or critical incidents. 4 The current BearCat is approaching its 20- year expected lifespan, making replacement essential due to outdated technology, structural wear, and rising maintenance costs.
Newer models provide enhanced ballistic protection, advanced safety features, improved communication systems, and overall greater operational efficiency. With three major events approaching in Los Angeles (2026 World Cup, 2027 Super Bowl, and 2028 LA Olympics), the Department has prioritized replacing the BearCat as the optimal use of the 2025 UASI grant funds to ensure regional preparedness for these large-scale events.
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 Quali ty Act (CEQA) 14 Cal.
Code Regs § 15378.
FISCAL IMPACT
The City’s cost for these acquisitions will be approximately $16,204 for two drones and $13,499 for four PepperBall Launchers, plus sales tax and shipping rates. The Department has identified funding within its approved Fiscal Year 2024- 25 budget to cover these costs. Additionally, recurring expenses will be supported through the Department's annual budget. These include an estimated $3,000 per year for replacement batteries for the drones . There are no recurring costs associated with the PepperBall Launchers.
Submitting an application to the 2025 UASI Grant Program has no fiscal impact . If the Department's grant application is approved by DHS, staff will return to the Council to seek authorization for the acceptance of the grant funds.
CONCLUSION
In compliance with AB 481, the Department is submitting this request for Council review and approval to acquire additional military equipment and apply for the 2025 UASI grant application to replace the existing Bear Cat. This request is separate from the required annual report, which will be completed following the end of the calendar year and published in January 2025 for public review. The Department plans to hold a community meeting to discuss the new report in February 2025 and present it to Council during a regularly scheduled meeting in spring 2025.
5 The Department is dedicated to transparency, public trust, community partnerships, and strict adherence to legal requirements, while delivering high-quality public safety services using modern practices and equipment. When criminal or threatening incidents occur within the City, the community expects its Police Department to be well -equipped, properly trained, and fully prepared to handle any situation. The requested equipment will be vital in minimizing risk to both the community and officers during high- risk, rapidly evolving incidents. It will also support the Department’s mission to protect life and property while ensuring the safety of the Burbank community.
ATTACHMENTS
Attachment 1 – Assembly Bill No. 481
Attachment 2 – Description of Requested Additional Military Equipment