ORDINANCE NO. 2023-141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE PURCHASE AND USE OF AN UNMANNED AERIAL SYSTEM (DRONE) AND MAKING FINDINGS IN COMPLIANCE WITH GONZALES POLICE DEPARTMENT POLICY MANUAL POLICY 709-MILITARY EQUIPMENT
WHEREAS, Government Code Section 7071 et seq. codifies Assembly Bill 481 and requires legislative bodies to adopt ordinances approving the purchase and use of military equipment; and
WHEREAS, on June 20, 2022, the Gonzales City Council adopted Ordinance 2022-131 approving Gonzales Police Department Policy Manual Policy 709- Military Equipment which included an inventory of the Police Department’s limited amount of military equipment and procedures for use and maintenance of the same; and
WHEREAS, Gonzales Police Department Policy Manual Policy 709 establishes a military equipment use policy that is consistent with the Police Department’s current practices, complies with the requirements of the Government Code, ensures ongoing regulation and compliance with AB 481, and will continue to provide a means of community engagement and transparency regarding the use of military equipment by the Department; and WHEREAS, on July 17, 2023, the City adopted Resolution No. 2023-54 accepting the Police Department’s Fiscal Year 2022-2023 Annual Military Equipment Use Report and renewing Ordinance 2022-131 for another year; and
WHEREAS, the Gonzales Police Department wishes to purchase an “Unmanned Aerial System,” commonly known as a “drone”; and
WHEREAS, pursuant to Government Code Section 7070 and Gonzales Police Department Policy Manual Policy 709, Section 709.1, “unmanned remotely piloted aerial vehicles” are considered military equipment; and
WHEREAS, additionally, pursuant to Government Code Section 7071, a law enforcement agency must obtain approval of the City Council by ordinance prior to acquiring military equipment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. All of the recitals set forth above are true and correct and by this reference are adopted as findings of the City Council as though set forth in full within the body of this ordinance.
Section 2. Acceptance of Police Department Representations. The City Council acknowledges receipt of and accepts the following representations from the Gonzales Police Department concerning the Department’s proposed acquisition and use of an Unmanned Aerial System:
1. The Police Department desires to purchase an Unmanned Aerial System consisting of a DJI Matrice 30T Basic Combo package for a drone, controller, and attendant equipment.
The drone will have thermal and high zoom camera capability.
2. The Department will use the equipment in accordance with Gonzales Police Department Policy 609-Unmanned Aerial System, to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.
Proposed uses include enforcement efforts during holidays, locating missing persons, coordinating City responses during emergencies (fires, floods, pursuits), and assistance during the service of warrants.
3. The cost of the drone and attendant equipment, training and technical assistance, is $11,441, not including applicable sales tax and shipping.
4. In using the drone, the City will comply with all Gonzales Police Department Policies and relevant laws concerning Constitutional guarantees and privacy rights, as well as Federal Aviation Administration regulations.
5. A FAA Part 707 license is required to operate the system and the Department currently has an officer set to take the licensing examination within the next several weeks.
6. Use of the drone will be overseen by the Chief of Police as the City’s Military Equipment Coordinator.
7. Complaints or concerns about the use of the drone can be made to the City pursuant to Section 709.10 of Policy 709.
Section 3. Approval of Purchase. After due consideration of the Police Department’s Request, any public comment provided on the matter, and the representations set forth in this ordinance, the City Council approves the purchased of an Unmanned Aerial System, including a drone and attendant equipment, from General Pacific, Inc. for a cost not to exceed Twelve Thousand Dollars ($12,000.00), and hereby authorizes and directs the City Manager to execute a purchase order and/or any other related documents associated with the purchase of said equipment. A copy of the Quote from General Pacific is attached hereto as Exhibit A. Although Section
3.16.050 of the Gonzales City Code requires that purchases in excess of $5,000 be made by bid procedures, an exception is provided in Section 3.16.050 A.3. when the involved equipment can only be obtained from one vendor. In the instant case, the Council finds that this exception is applicable as General Pacific is the only vendor selling the Matrice 30T Drone, which has the highest 640x512 Radiometric Thermal and 48 MP zoom camera capability desired by the Department.
Section 4. Post Purchase Responsibilities. The Military Equipment Coordinator and Staff are directed to incorporate this purchase, information concerning the use of the equipment, and other relevant data in the Police Department’s Fiscal Year 2023-2024 Annual Military Equipment Use Report.
Section 5. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
Section 6. CEQA. Approval of this ordinance is exempt from environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a purchase of equipment for law enforcement purposes, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.
This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 18th of September, 2023 and PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting on _____________by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk