ORDINANCE NO. 2026-156
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 that will continue to provide a means of community engagement and transparency regarding the use of military equipment by the Department; and WHEREAS, since 2023, the City has reviewed and approved by resolution yearly Military Equipment Use Reports prepared by the Police Department, and has renewed Ordinance 2022-131 on an annual basis; and
WHEREAS, in October of 2023, the City Council approved Ordinance 2023-141 which authorized the purchase of an Unmanned Aerial System (“drone”) for police department use; 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 the drone has been listed and its use has been discussed in the City’s Military Equipment Use Reports since the date of purchase; and WHEREAS, the drone has been used successfully for surveillance purposes, such as during 4th of July and New Year’s Eve celebrations, for warrant service, for search and rescue operations, and for ascertaining the condition of public facilities during storm conditions; and WHEREAS, the Gonzales Police Department wishes to take advantage of a grant obtained by District 3 Supervisor Chris Lopez to purchase another drone, the Avata 2 Fly More model; and
WHEREAS, the Avata 2 model is significantly smaller than the City’s other drone unit and can be used for indoor flights, such as securing a building or a residence during a search warrant service, can be flown into a building prior to sending in officers and it can be located on a table or countertop allowing a live video feed of the area where the officers are about to enter, and would also be useful at schools and businesses during active-shooter type situations; and WHEREAS, pursuant to Government Code Section 7071, a law enforcement agency must obtain approval of the City Council by ordinance prior to acquiring military equipment such as the Avata 2 drone.
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 an Avata 2 Fly More Combo package for a drone, controller, and attendant equipment.
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 to secure a building or a residence during a search warrant service and during active-shooter type situations at business and school facilities.
3. The cost of the drone, and attendant equipment and technical assistance, is $2,772.04.
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. The City currently has an officer with the FAA Part 707 license required to operate the system and the Department has another officer also being trained for licensing.
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 Avata 2 Fly More Unmanned Aerial System, including a drone and attendant equipment, from General Pacific, Inc. for a cost not to exceed Two Thousand Seven Hundred Seventy Two Dollars and Four Cents ($2,772.04), 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. Section 3.16.050 of the Gonzales City Code exempts this purchase from bid procedures since the cost is below the established $50,000 bid threshold.
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 2025-2026 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 20th day of January, 2026 and PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting on the 2nd day of February, 2026 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
EXHIBIT A