Resolution 2024-XX Page 1 of 3
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT APPROVING 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 military 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 No. 04-2022 and established Fremont Municipal Code (“FMC”) Chapter 8.80 Military Equipment Use, which requires the 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 Section 8.80.030 authorizes the City Council to approve the funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy if it makes certain specified determinations set forth therein; and
WHEREAS, FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing a summary of how the military equipment was used and the purpose of its use; a summary of any complaints or concerns received concerning the military equipment; the results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response; the total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual Military Equipment Report; the quantity possessed for each type of military equipment; and if the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; 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”); and
WHEREAS, the DFR Program utilizes the same technology and is functionally identical to equipment used for deployments in the field from emergency vehicles; and
Resolution 2024-XX Page 2 of 3
WHEREAS, the Police and Fire Departments utilize UAS to enhance their mission of protecting lives and property when other means and resources are unavailable or are less effective; and
WHEREAS, UAS are necessary to ensure officer safety and public welfare as they provide visibility to high-risk locations.
WHEREAS, without the use of a 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 would be unable to assess suspicious and/or dangerous objects from a safe distance; and
WHEREAS, 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; and
WHEREAS, when deployed through DFR, UAS will usually arrive on-scene before responding public safety personnel, thereby providing 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.
WHEREAS, on May 7, 2024, the City Council held a duly-noticed meeting where members of the public had the opportunity to be heard on this subject, and the City Council considered the information set forth in the staff report and information submitted to the City Council prior to and during the meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Fremont finds that each type of military equipment identified in the Fremont Police Department April 2023 to March 2024 Annual Military Equipment Use Report (“Report”) has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy and approves the Report.
SECTION 2. The City Council of the City of Fremont approves the Military Equipment Use Policy, the continued use of the currently authorized military equipment by Fremont Police Department as identified in Exhibit 1 of the Fremont Police Department’s Military Equipment Use Policy and the purchase of the two UAS, 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 attached as Exhibit A to this Resolution safeguards the public's welfare, safety, civil rights, and civil liberties; (3) the requested UAS are reasonably cost- effective compared to available alternatives that can achieve the same objective of police, fire and public safety; and (4) the prior military equipment use complied with the military equipment use policy that was in effect at the time.
Resolution 2024-XX Page 3 of 3
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