Resolution 2024-XX Page 1 of 2
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT APPROVING AMENDMENTS TO THE MILITARY
EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (“AB”) 480, relating to the use of miliary equipment by law enforcement agencies, codified in Government Code sections 7070 through 7075; and
WHEREAS, on May 3, 2022, the City Council of the City of Fremont (“City Council”) adopted Ordinance 04-2022 and established Fremont Municipal Code (“FMC”) Chapter 8.80 Military Equipment Use, which requires City Council to approve and make certain findings during a regular meeting held pursuant to open meeting laws for funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy approved by City Council; and
WHEREAS, FMC Chapter 8.80 and state law authorizes the governing body of a city to approve the funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy only if it makes specified determinations. The findings are that: (1) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and (3) 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; and
WHEREAS, Government Code section 7070 and FMC section 8.80.020 define military equipment to include Unmanned Aerial Systems (“UAS”); and
WHEREAS, the Fremont Police and Fire Departments utilize UAS technology deployed from a fixed location enabling a response to qualifying calls for service soon after a call is received, called Drone as First Responder (“DFR”). The DFR Program utilizes the same technology and is functionally identical to equipment used for deployments in the field from emergency vehicles; and
WHEREAS, UAS are utilized to enhance the Police and Fire Departments’ mission of protecting lives and property when other means and resources are unavailable or are less effective.
UAS are necessary to ensure officer safety and public welfare as they provide visibility to high-risk locations. Without the use of UAS, police officers and fire fighters would have limited overhead observation of high-risk areas, decreased effectiveness of detecting missing persons, reduced visual assistance during rescue operations, and be unable to assess suspicious/dangerous objects from a safe distance. In addition to crime and rescue operations, UAS equipment is utilized to memorialize and document crime scenes and to conduct natural disaster assessments; and
WHEREAS, UAS can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas, and other crowded spaces. When deploying through DFR, UAS will usually arrive on-scene before responding public safety personnel. The early arrival of UAS provides real-time information and situational awareness allowing public safety personnel to make better decisions utilizing real- time information, increasing safety for the public and responding public safety personnel.
Resolution 2024-XX Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City of Fremont approves the amendments to the Military Equipment Use Policy, the purchase of four UAS, and use of the UAS in the DFR Program finding that: (1) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, (2) the existing Military Equipment Use Policy with amendments as attached as Exhibit A to this Resolution safeguards the public's welfare, safety, civil rights, and civil liberties; and (3) the requested UAS are reasonably cost-effective compared to available alternatives that can achieve the same objective of police, fire and public safety.
ADOPTED _____________________, 2024, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney