AGENDA PACKET
Town of Atherton
City Council
OCTOBER 05,2022
STUDY SESSION MEETING
3:00 PM.
This meeting is being held virtually and inperson
at the Council Chambers located at
80 Fair Oaks Lane
Atherton, CA 94027
This meeting is being held via teleconference pursuant to Government Code section 54953(e) (1)(B) and in compliance with the Brown Act. Section 54953(e)(1)(B) permits the Town to hold a meeting during a proclaimed state of emergency via teleconference in order to determine whether as a result of the emergency meeting in person would present an imminent risk to attendees' health or safety. The meeting will be held by tele or video conferencing.
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This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
STUDY SESSION AGENDA
ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENT For items on the agenda. Public Comments can be emailed directly to the City Clerk, Anthony Suber at [email protected].
ACTION ITEM
1DISCUSSIONANDDIRECTIONREGARDINGTHEESTABLISHMENTOFAN
Town of Atherton City Council Study Session Packet – October 05, 2022
This Agenda may not reflect the actual order of items. The order of items is subject to change based on Council action.
STUDY SESSION AGENDA
ROLL CALL – Polito, HawkinsManuelian, Lewis, Vice Mayor Widmer, Mayor DeGolia PUBLIC COMMENT For items on the agenda. Public Comments can be emailed directly to the City Clerk, Anthony Suber at [email protected].
ACTION ITEM
1. DISCUSSION AND DIRECTION REGARDING THE ESTABLISHMENT OF AN AUTONOMOUS DRONE PROGRAM; APPROVAL OF AN ASSOCIATED LEXIPOL POLICY; AND ACCEPTANCE OF DONATION TO FUND THE PROGRAM.
Report: STEVEN D. MCCULLEY, POLICE CHIEF
Recommendation: Discuss and provide direction regarding the Atherton Police Department (APD) use of an Unmanned Aerial System (UAS) autonomous drone for crime detection/prevention for improving officer/resident safety/security. Staff also recommends that City Council accept a resident donation to fund the initial outlay for the Program and its operation for one year.
Description: This item will involve a Council discussion to evaluate the implementation of an Autonomous Drone Program to be used by the Atherton Police Department. The Council will provide direction to staff.
STUDY SESSION
2. DISCUSSION AND DIRECTION REGARDING POTENTIAL CHANGES TO THE CURRENT NOISE CONTROL ORDINANCE (ATHERTON MUNICIPAL CODE CHAPTER 8.16).
Report: STEVEN D. MCCULLEY, POLICE CHIEF
Recommendation: Discuss and provide direction regarding the potential or necessary changes to the current noise control ordinance (Atherton Municipal Code Chapter 8.16).
Description: This item will involve a Council discussion to provide staff with the direction regarding potential changes to the current noise control ordinance, AMC 8.16.
COUNCIL REPORTS/COMMENTS
ADJOURN
Town of Atherton City Council Study Session Packet – October 05, 2022
Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVEN D. MCCULLEY, POLICE CHIEF
DATE: OCTOBER 5, 2022
SUBJECT: DISCUSSION AND DIRECTION REGARDING THE
ESTABLISHMENT OF AN AUTONOMOUS DRONE PROGRAM;
APPROVAL OF AN ASSOCIATED LEXIPOL POLICY; AND
ACCEPTANCE OF DONATION TO FUND THE PROGRAM.
RECOMMENDATION
Discuss and provide direction regarding the Atherton Police Department (APD) use of an Unmanned Aerial System (UAS) autonomous drone for crime detection/prevention for improving officer/resident safety/security. Staff also recommends that City Council accept a resident donation to fund the initial outlay for the Program and its operation for one year.
BACKGROUND
Police departments throughout the country now use drones as part of their crime fighting arsenal.
Drones can be used in several different ways to assist police with surveillance and crime prevention. Police forces are applying drone usage to their day-to-day operations at a quickly increasing rate.
Small, remotely operated Unmanned Aerial Systems (UAS), commonly referred to as drones, are an efficient and effective way of providing law enforcement critical information to respond to calls for service, emergency situations, or to conduct criminal investigations. Some examples include providing a critical overwatch view of an area involved in an incident or in-progress crime, improving officer safety by providing real time information as officers are responding, reducing response times, searching for lost or missing persons, and burglary suppression. A police department drone program serves as a deterrent to crime, improving the quality of life of residents.
Burglaries continue to be an issue in Atherton and are a major safety concern for our residents. A law enforcement drone program is a cost-effective force multiplier which provides critical aerial overwatch to help protect residents who are in harm’s way, as well as dramatically improving safety for officers responding to an in-progress incident or emergency.
Autonomous Drone Program
October 5, 2022
ANALYSIS
A typical police department drone program requires trained pilots to launch, monitor, and operate the drone. For most departments, this requires additional personnel, resources, and related costs.
For small departments like Atherton, this drone program model is not feasible due to limited staffing and budgets. A unique solution to overcome the obstacles of establishing a drone program for small agencies is the use of autonomous drones.
The Paladin Knighthawk autonomous drone and Watchtower control software offer a very costeffective autonomous drone program that does not require additional support personnel. Specifically designed for Beyond Visual Line of Sight (BVLOS) and Drone as First Responder (DFR) missions, Knighthawk uses a cellular LTE connection which allows it to reach the 3-mile radius limit required by the FAA with ease. With a 55-minute battery life with payload, users have ample time to gather overwatch operational information for the majority of incidents and emergency situations. When an incident occurs, our dispatch can launch the drone, with supervisor approval, to provide aerial overwatch of the incident location as officers are responding. The drone will remain overhead until the incident is concluded. Dispatch then recalls the drone to the PD.
With a cellular LTE connection, Knighthawk is able to safely travel a 3-mile radius from its home base (Atherton PD), the limit set forth by the FAA for BVLOS operations. This 3-mile radius covers all areas within the Town limits of Atherton. Available radio-based drones have real-world condition ranges which are typically a 1.5-mile radius and require a visual line of site pilot. The cellular LTE connection is also a major factor in how police departments are able to acquire BVLOS waivers from the FAA without need for a visual observer (VO) pilot on a roof or through other means of sustained visual observation.
Watchtower is Paladin’s Drone as First Responder (DFR) software where control of Knighthawk, view of the live video feed, and data management take place. The ability to control the drone’s location with the click of a button on a computer or smartphone from anywhere in the country makes this system an easy-to-use, eye-in-the-sky overwatch system that can relay critical information minutes before officers arrive on scene. Watchtower has been designed to be as simple as possible and works to lower the risk of human error through autonomous flight making it both very safe and extremely effective at gathering and communicating important information.
The Paladin Knighthawk drone is equipped with a state of art video camera which has thermal capabilities for night vision. With technology like drones and ALPR cameras, there are related privacy concerns on how the technology will be used and how the images will be stored, accessed, and used. The camera on the Knighthawk drone does not activate and start recording until it arrives overhead at the incident address or location. It stops recording when returning to the PD. All Knighthawk drone flights would be for official use only, approved by a sergeant, and tracked by incident/case number documenting the need and use of each drone flight.
Per our proposed Lexipol drone policy, all video footage from each authorized drone flight would be maintained for 30 days by Paladin for use and access only by authorized APD personnel. As Autonomous Drone Program
October 5, 2022
required, any drone video footage needed for investigations would be maintained in the related case file under strict access and control. An annual audit of the department’s drone program would be conducted to ensure all policies, procedures, and requirements are being adhered to.
RECOMMENDATION
The Town, our residents, and the police department would benefit from having a law enforcement UAS autonomous drone program. The drone program provides an effective deterrent to crime and increases the likelihood of suspect arrests. This creates a safe and more secure Town for our residents. In my opinion, the most important benefit of having a PD drone program is the increased officer safety as they arrive on scene of in-progress incidents. The overwatch video footage from the drone can provide critical information on suspect location and other information to allow improved safety for our officers and residents.
1. Staff recommends the establishment of a PD UAS autonomous drone program, the lease purchase of the Paladin Knighthawk autonomous drone and Watchtower control software for one year.
2. Staff recommends acceptance of a resident donation to fund the program for one year. At the end of the one-year lease, a detailed evaluation of the program will be conducted to determine the effectiveness of the program and consideration of continuation of the lease agreement with Paladin. The resident donor has agreed to continue to fund the drone program on an annual basis if the Town opts to continue the program.
3. Staff also recommends approval of the Lexipol PD drone policy.
FISCAL IMPACT
Due to the resident donation, there is no fiscal impact to the Town for this new program. Training and staff time will be minimal.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
POLICY FOCUS
The purpose of the Autonomous Drone Program is to assist the Atherton Police Department as a crime deterrent measure and to increase arrests with the goal of improving the overall safety of residents. There are other applications related to community safety as a tool in responding to natural or man-made disasters s such as floods, fire’s, train derailments, etc.. Supporting a drone program such as what has been presented could be found to support the following adopted General Plan goals:
Autonomous Drone Program
October 5, 2022
• Goal CS-1: The Town recognizes the potential danger to public safety that may result from natural or man-made causes and seeks to minimize the public risks in such hazards. • Policy CS-2-1: Support the Goals, Objectives, and Policies contained in local hazard mitigation plans and Emergency Operations Plans.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. UAS Autonomous Drone Policy
2. Sole Source Vendor Form
Unmanned Aerial System (UAS) Operations
616.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 616.1.1 DEFINITIONS
Definitions related to this policy include:
Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all the supporting or attached systems designed for gathering information through imaging, recording or any other means. 616.2 POLICY
Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
616.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators, and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 616.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.
Deployment of a UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.
Atherton Police Department
Atherton PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2022/06/06, All Rights Reserved.
Published with permission by Atherton Police Department ***DRAFT*** Unmanned Aerial System (UAS) Operations -
2 • Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment. • Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. • Developing a protocol for fully documenting all missions. • Developing a UAS inspection, maintenance, and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
616.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.
Use of vision enhancement technology (e.g., thermal, and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
UAS operations should only be conducted during daylight hours and a UAS should not be flown over populated areas without FAA approval.
616.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on individual characteristics, such as, but not limited to race, ethnicity, national origin, religion, disability, gender, or sexual orientation. • To harass, intimidate or discriminate against any individual or group. • To conduct personal business of any type.
The UAS shall not be weaponized.
616.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.
616.8 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Atherton Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All UAS data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time (Civil Code § 1798.90.52). (b) Members approved to access UAS data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) UAS system audits shall be conducted on an annual basis by an independent outside auditor.
Town of Atherton
Sole Source Vendor Request
Sole Source Vendor: Paladin Drones
Address: 708 Main Street, Houston, TX 77002
Requisition No.:_______XXX_____ Purchase Order No.:______XXX______ $:____TBD______
Check Reasons for sole source request:
1. __X__ Proprietary: The item is held under exclusive title, trademark or copyright by a private person or company; also proprietary distributorship. ____ Standardization: The Town requires the item(s) to standardize parts, design, quality, etc. (Explain in more detail below).
__X__ Sole Source: No other items are known to exits which perform the same function.
2. Describe the product/service:
The product is a law enforcement autonomous drone for improved officer safety and crime detection/deterrence.
With one click, Paladin’s autonomous drone deploys to a 911 call from its remote home base and arrives onsite before first responders. Prior to arrival, first responders have access to a live and controllable video feed where they can gather valuable intel, plan ahead, and execute immediately on arrival.
3. Describe how the product or service is unique and one-of-a-kind:
Other law enforcement drone programs are required by the FAA to have drone pilots and keep the operational drone within a line of sight. The Paladin drone uses proprietary technology and LTE signal communication which allows the FAA to provide a waiver for drone pilot line of sight operation, up to a 3-mile-wide coverage area.
4. Is the product or service available from other sources? ____NO__ If yes, list names or vendors:
If no, explain why the product/service is available only from one source:
At this time, no other vendor is able to provide the same or similar pilotless autonomous law enforcement drone technology, hardware, or service.
5. Can your requirements be modified so that competitive products or services may be used? __NO__ Please explain:
In order to obtain the FAA wavier and permit to operate an autonomous drone without a pilot in a 3-mile area of operation, a police drone must use LTE communication technology and associated software for operation. At this time, there is no other system available that could be used or modified to meet these strict requirements.
Department: Date: _______________
Dept. Head Signature: __________________ Date: _______________ City Manager*: ________________________ Date: ________________ • Requests over $15,000.00 require City Council approval Item No. 2
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVEN D. MCCULLEY, POLICE CHIEF
DATE: OCTOBER 5, 2022
SUBJECT: DISCUSSION AND DIRECTION REGARDING POTENTIAL
CHANGES TO THE CURRENT NOISE CONTROL ORDINANCE
(ATHERTON MUNICIPAL CODE CHAPTER 8.16).
RECOMMENDATION
Discuss and provide direction regarding the potential or necessary changes to the current noise control ordinance (Atherton Municipal Code Chapter 8.16).
BACKGROUND
The Atherton community has a long history of social gatherings on private property and to this day, property owners will often host large events at their property with live music, DJs, tents, valet parking, and more. The various types of events encountered include weddings, birthday parties, fundraisers, and large dinner events. Large and small gatherings do have the potential to create noise levels which can be a nuisance and may cause a negative impact to our residents’ daily lives.
The current Atherton Municipal Code Noise Control Ordinance (Chapter 8.16) has been in place since 1999 (Attachment A). The Ordinance provides very specific guidelines for allowed noise levels, exceptions to established noise levels, and enforcement of noise ordinance violations.
In July 2022, an Atherton resident sent an email to Council members describing ongoing noise violation incidents involving their neighbor, highlighting a specific social gathering in June 2022 (Attachment B). In the email, the resident also made suggestions and recommendations for changes to the current noise control ordinance. Some of those suggestions were:
• Changing the penalty for violation from an infraction to a misdemeanor • Increase the fine amount for successive violations from the same property • Consider adopting a 2nd Response Ordinance to assess the property owner the Town’s cost of the response to a non-compliant property
• Change the Social Gathering Time for event on Sundays to end at 8 pm (from 10 pm) • Lower the Social Gathering Noise Limitation to 65 dBA (from 75) Noise Ordinance Report
October 5, 2022
ANALYSIS
On average, the Atherton Police Department receives and responds to approximately five noise ordinance violation complaints each month. In many cases, the noise levels emanating from the property are found to be in compliance with the noise ordinance. Responding officers determine the noise level using a calibrated noise meter pursuant to Section 8.16.030, Basic Noise Regulation. Measurements are taken at locations on receiving properties. When property owners are found to be in violation of the noise ordinance, a verbal warning is given pursuant to Section
8.16.090, Violations. This will typically resolve the issue. If there are repeat calls and responses to the same property, subsequent violations can be processed as infractions and punished pursuant to Section 1.20.050. This Section provides that infractions are punishable by a fine not exceeding $100 for a first violation, $200 for a second violation within one year, and $500 for each additional violation of the ordinance within one year. Violations and fines can escalate rapidly with each officer's response over the course of one event.
In the past, the police response to noise complaints was not handled in a standardized and uniform manner. This created inconsistent application of the noise control ordinance requirements and enforcement. This issue has been corrected through the implementation of a detailed noise ordinance violation response protocol for our officers (Attachment C).
However, after a review of Chapter 8.16, the staff recommends that the Council consider the following amendments to Chapter 8.16.
Amend Section 8.16.050 (D) to reduce the hours of exception for the Social Gathering exception on Sundays and holidays to 8 p.m.
A strike-out version of the Section would be:
D. Social Gatherings. The noise from social gatherings may exceed the basic noise regulation between the hours of ten a.m. and midnight, Fridays and Saturdays, and ten a.m. and eight p.m.
Sundays and holidays. The noise levels produced by such gatherings shall not exceed seventy-five dBA when measured from any adjacent residential property.
The Council may wish to also consider reducing the highlighted seventy-five dBA to seventy or sixty-five. However, the staff does not believe that this is necessary. Staff also believes that with the refined response policy that escalates the infractions every fifteen minutes of continued violation the consideration of changes from an infraction to a misdemeanor and 2nd Response costs will not be a necessary revision.
RECOMMENDATION
The current noise control ordinance allows for a noise level not to exceed 75 DBA, on Sundays and holidays, between the hours of 10:00 AM and 10:00 PM. Staff recommends these hours be reduced to 10:00 AM to 8:00 PM.
Noise Ordinance Report
October 5, 2022
FISCAL IMPACT
None.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life
POLICY FOCUS
It is the purpose of the Noise Ordinance to reduce noise disturbances within Town. The listed municipal code revisions are found to be consistent with Town policies and the adopted General Plan goals and policies:
• Policy N-1: To protect the peace, health, and safety of Atherton citizens from unnecessary and unreasonable noise produced by any person, machine, animal or device. • Policy N-1.3: If complaints about noise increase in the future, procedures for dealing with complaints in the community will be established.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. AMC 8.16.010
2. Chief of Police Email to Council_7.31.2022
3. Police Commander Email to All PD_7.28.2022