City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 2, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Ordinance No. 2023-141 - Authorizing the Purchase and Use of an Unmanned Aerial System (Drone) and Making Findings in Compliance with Gonzales Police Department Policy Manual 709-Military Equipment
RECOMMENDATION
It is recommended that the City Council consider and then waive reading, adopt and read by title only 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 709-Military Equipment.
BACKGROUND
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. This process is a little out of the ordinary as cities are usually not required to adopt policies by ordinance.
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 Department’s limited amount of military equipment and procedures for use and maintenance of the same.
Policy 709 basically establishes a military equipment use policy that is consistent with the Department’s current practices, complies with the requirements of the Government Code, ensures regulation and compliance with AB 481 on an ongoing basis, and provides a means for community engagement and transparency regarding the use of military equipment. As required by law, on July 17, 2023, the City Council adopted Resolution No. 2023-54 which accepted the Police Department’s first “Fiscal Year Annual Military Equipment Use Report” and renewed Ordinance 2022-131 for another year.
AGENDA
ITEM
13 In compliance with the provisions of Policy 709 and relevant law, on September 18, 2023, staff presented the City Council with 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 709-Military Equipment.” After receipt of public comment and discussion, the Council waived reading, introduced, and read Ordinance No. 2023-141 by title only. Ordinance 2023-141 is before the Council this evening for a noticed public hearing and consideration of adoption.
REVIEW & ANALYSIS
Pursuant to Government Code Section 7071, a law enforcement agency must obtain the City Council’s approval, by ordinance, prior to acquiring military equipment. The Gonzales Police Department has indicated its desire to purchase an “Unmanned Aerial System,” commonly known as a “drone.” Under the provisions of Government Code Section 7070 and Gonzales Police Department Policy 709, Section 709.1, “unmanned remotely piloted aerial vehicles” are considered military equipment. As the Council will recall, there was some discussion concerning the benefits of having a drone after the 2023 4th of July holiday when the Police Department’s ability to monitor widespread illegal firework use throughout the City was hampered by limited numbers of enforcement personnel.
The Unmanned Aerial System in question consists of a DJI Matrice 30T Basic Combo package to be purchased from General Pacific Inc. The drone is equipped with thermal and high zoom camera capability, features the Department believes are necessary for effective use. The purchase would also include accessories necessary for the drone’s use, such as a remote-control console, battery and charger, and also includes training and customer assistance. Based on the quote from General Pacific, the cost of the drone and attendant equipment, training, and technical assistance is $11,441, not including applicable sales tax and shipping. See Attachment A- General Pacific, Inc. Quote.
The Police Department will use the equipment in accordance with Gonzales Police Department Policy 609, a copy of which is attached hereto as Attachment B, to enhance the Department’s mission to protect lives and property when other means and resources are not available or might be 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. In using the drone, the Department will comply with all Gonzales Police Department Policies and relevant laws concerning Constitutional guarantees and privacy rights, as well as Federal Aviation Administration regulations. Under City policies and federal law, the Department will have restrictions on the use of the drone and will need to report on how the drone was used as part of the annual Fiscal Year Annual Military Equipment Use Report submitted for Council and Public review. An 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. Finally, it should be noted that use of the drone will be overseen by the Chief of Police as the City’s Military Equipment Coordinator.
While 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, Staff believes that this exception is applicable as General Pacific, Inc. 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.
Staff has prepared an Ordinance for Council’s consideration that after incorporating the facts set forth above, authorizes and directs the City Manager to execute a purchase order for the DJI Matrice 30T Basic Combo package for a drone, controller, and attendant equipment, as well as a training and customer service program from General Pacific, Inc. for a cost not to exceed $12,000. A contingency amount was added to the price quote received from General Pacific to cover taxes, shipping and any unexpected or anticipated costs. As noted above, the Ordinance also directs the Police Department’s Military Equipment Coordinator 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.
Ordinance No. 2023-141 is before the Council this evening for waiver of reading, consideration of adoption, and reading by title only. If approved, the Ordinance would be in effect thirty days thereafter.
Approval of the 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.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: The proposed purchase and use of an unmanned aerial system will assist the Police Department’s efforts to maintain the health, safety and well-being of the citizens of Gonzales.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Providing the Police Department with tools that will enhance its efforts to maintain safety and order in the City will have a positive impact on the quality of life in the City.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X N/A
• Housing Yes ____ No X N/A
• Recreation Yes ____ No X N/A
• Environment Yes ____ No X N/A
• Education Yes ____ No X N/A
Explain: N/A.
ALTERNATIVES
• Do not approve the ordinance for purchase of an Unmanned Aerial System. • Do not approve the ordinance for purchase of an Unmanned Aerial System and provide staff with direction for modification of the ordinance or further research.
BUDGET IMPACT
Funding for the proposed purchase will come from the Police Department’s Fiscal Year 23/24 Budget and a $7,000 subsidy Chief Wise obtained from the Monterey Bay Area Self Insurance Authority.
CONCLUSION
It is recommended that the City Council consider and then waive reading, adopt and read by title only 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 709-Military Equipment.
Attachments:
1. Public Notice
2. Police Dept Unmanned Aerial System Policy
3. Price Quote from General Pacific, Inc.
4. Ordinance No. 2023-141