CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/14/2024
1 SUBJECT:
Pacifica Police Department Militarized Equipment Ordinance and Policy, and 2023 Annual Military Equipment Use Report.
RECOMMENDED ACTION:
Move to 1) Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and 2) Approve the Pacifica Police Department 2023 Annual Military Equipment Use Report.
STAFF CONTACT:
Joseph Gomez, Police Officer
[email protected] <mailto:[email protected]> (650) 738-7314
Vicente Romero, Police Sergeant
[email protected] <mailto:[email protected]> (650) 738-7314
Maria Sarasua, Chief of Police
[email protected] <mailto:[email protected]> (650) 738-7314
BACKGROUND:
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.
Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.
AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.
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California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. The Pacifica Police Department does not possess any equipment specifically designed for military use nor has the department acquired any equipment through a military surplus program, commonly known as the “1033 Program” (10 USC 2576a). The Pacifica Police Department does possess equipment that is listed in Section 7070 and defined as “Military Equipment.” Additionally, the Pacifica Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code. The Pacifica Police Department also utilizes Unmanned Aerial Systems (UASs)/Drones from the San Bruno Police Department and Daly City Police Department.
On April 11, 2022, the Pacifica City Council approved the Military Equipment Use Policy (Pacifica Police Department Policy 705 or the “Policy”) and introduced an ordinance for the use and acquisition of military equipment by the Pacifica Police Department.
On April 25, 2022, the Pacifica City Council adopted Ordinance No. 877-C.S. approving the Acquisition and Use of Military Equipment Ordinance codified in Title 4 of the Pacifica Municipal Code. This ordinance must be renewed each year, and the police department must submit an annual military equipment report to the public and Council.
DISCUSSION:
The 2023 Annual Military Equipment Use Report is attached to this council report, and pursuant to AB 481, it includes the following:
• A summary of how the equipment was used and the purpose of its use. o All uses complied with the Military Equipment Use Policy. • A summary of any complaints or concerns received concerning the equipment. o There were none.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. o Nothing to report.
• 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 2023 Annual Military Equipment Use Report
o See attached 2023 Annual Military Equipment Use Report • The quantity possessed of each type of equipment.
o See attached 2023 Annual Military Equipment Use Report • If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type.
o The Pacifica Police Department intends to acquire two Unmanned Aerial Systems, and associated accessories in 2024. See attached 2023 Annual Military Equipment Use Report.
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In 2023, the Mobile Command Trailer was the only Pacifica Police owned militarized equipment utilized by the police department. These instances included Fog Fest, Fourth of July, and DUI checkpoints and no complaints were received by the public. The Police Department did not acquire any new military equipment during the reporting period.
In 2023, there were four (4) incidents where the police department utilized Unmanned Aerial Systems (UASs) owned and operated by the Daly City and San Bruno Police Departments.
On January 19, 2023, Pacifica PD officers responded to Esplanade Beach on a report of a subject in distress in the water. The subject was swept into the ocean by a large wave.
Officers immediately requested assistance from San Bruno PD, who responded and deployed their UAS to search the extensive beach area.
On January 20, 2023, Pacifica PD requested San Bruno PD to deploy their UAS to assist in the search for a missing suicidal person in the Rockaway Beach area. The individual made vague threats to harm themselves by possibly jumping off a cliff. The UAS was utilized to search a large portion of the coastline, bluffs, and Linda Mar Beach.
On April 10, 2023, Pacifica PD officers responded to a residence regarding a known violent subject with an outstanding felony arrest warrant inside the residence. Officers established a perimeter and requested mutual aid from San Bruno PD, who responded and deployed their UAS for scene security and overwatch.
On December 21, 2023, a homicide occurred in the City of Pacifica. The suspect fled the area before officers arrived on scene. There was genuine concern for public safety, as an elementary school was near the location of the incident. Daly City PD responded and deployed their UAS to assist in searching for the outstanding suspect.
AB 481 prescribes an annual process for reviewing the policy and renewing the ordinance.
Specifically, Government Code Section 7072 requires the police department to submit to the City Council an annual military equipment report, and to hold at least one “well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.” Then, to “renew” Ordinance No. 877-C.S. Government Code Section 7071 requires the City Council to determine, based on the annual military equipment report submitted by the police department, whether each type of military equipment identified in that report has complied with the standards for approval.
The Pacifica Police Department held a well-publicized and conveniently located community engagement meeting at a local Starbucks on August 20, 2024. The police department also submitted the 2023 Annual Military Equipment Use Report to the Pacifica City Council on August 8, 2024, and the report was also made available to the public on the Pacifica Police Department’s website on August 8, 2024.
The City Council meeting on October 14th, 2024, is intended to satisfy all of the requirements of AB 481 and allow the City Council to consider the 2023 Annual Military Equipment Use Report and whether the use of military equipment complied with the standards of use in the policy in order to determine whether to renew Pacifica Police Department’s Military Equipment Policy by introducing an ordinance repealing and replacing Chapter 19, “Acquisition and Use of Military Pacifica City Council 4
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Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code.
Intention to Acquire New Militarized Equipment (Unmanned Aerial Systems):
UAS technology provides real-time public safety information to make better informed decisions during emergencies, search and rescue operations, calls for service, and criminal investigations.
Drones enhance situational awareness through overwatch, enabling officers to assess potential risks before approaching suspects or volatile situations. This proactive approach will deescalate dangerous situations by reducing confrontations and improving overall safety for both officers and the community.
For the past several years, the Pacifica Police Department has utilized Unmanned Aerial Systems (UAS) owned and operated by the San Bruno and Daly City Police Departments. The following San Mateo County public safety agencies currently own and operate Unmanned Aerial Systems:
Daly City PD
South San Francisco PD
San Bruno PD
San Mateo PD
Atherton PD
Hillsborough PD
San Mateo County Sheriff’s Office
Due to the high demand of UAS in their own jurisdictions, this technology is not always available to serve Pacifica residents and response times can be delayed. Historically, Pacifica Police Department relied on other agencies’ helicopters for aerial surveillance. While effective, helicopters pose logistical challenges-they are expensive to operate, require significant coordination, and cannot always be deployed swiftly. Recognizing these limitations, the Pacifica Police Department seek to acquire UAS technology as a more efficient, cost-effective solution.
The police department identified the Axon DJI Matrice 30T and Mavic 3T as the UAS technology that best serves the public safety needs of Pacifica. The DJI Matrice 30T is a medium-sized UAS with dual batteries for extended flight operations and weather resistant image sensors. The Matrice 30T can also be equipped with a personal flotation device that can be deployed during water rescue operations. The DJI Mavic 3T is a small-sized UAS designed for easy accessibility and quick deployments. The operator will have the ability to communicate to individuals through a speaker.
Both UASs will provide high quality cameras and thermal imaging to conduct night operations and locate suspects or missing persons based upon their heat signatures. This advanced technology will also support flight capabilities to avoid obstacles and automatically return to the deployment location should it lose connectivity with the operator or run low on power.
Staff consulted with regional municipal police agencies and UAS suppliers to identify the most suitable UAS system and management software to meet the needs of Pacifica. Regional allied agencies have partnered with Axon Enterprise Inc. to acquire UAS units and utilize their Axon- Pacifica City Council 5
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Air Data Management System. This system offers secure remote piloting software, program and encrypted cloud-based evidence management, and livestreaming technology.
The Pacifica Police Department currently maintains service agreements with Axon Enterprise Inc., utilizing Axon Evidence (Evidence.com), Axon Body Worn Cameras, Axon Fleet/ALPR, and Axon Taser 7 software systems. The integration of Axon-Air technology will facilitate seamless connectivity with our Axon digital evidence management system, ensuring secure and encrypted cloud storage and compliance with our established records retention schedule.
Some organizations, such as the American Civil Liberties Union (ACLU), have generally expressed concerns about the use of UAS technology as an unregulated surveillance tool. The Pacifica Police Department has established strict guidelines in accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The Pacifica Police Department’s UAS Policy (PPD Policy 606) is responsive, in whole or in part, to these concerns and the ACLU’s recommended safeguards.
Authorized personnel will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Absent a warrant or exigent circumstances, operators shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. UASs acquired by the Pacifica Police Department will not be weaponized nor equipped with facial recognition software.
Fostering community trust through collaboration and transparency is our approach to implementing public safety technology in a responsible manner. The police department hosted listening sessions with a diverse cross-section of the community. These groups included Pacifica Social Justice, school district officials, Chief’s Advisory Panel, Pacifica Chamber of Commerce and Community Police Academy participants. In August, the department hosted “Coffee with a Cop” at Linda Mar Starbucks to engage in conversation with the community about UAS technology.
The department also consulted with neighboring public safety agencies and representatives from the California Police Chiefs Association and the International Association of Chiefs of Police to learn about best practice for the implementation of a UAS Program. Police department staff also reviewed literature from the ACLU’s 2023 White Paper on drone programs and were responsive to suggestions concerning authorized uses and maintaining full transparency.
ALTERNATIVE ACTION:
Decline to repeal and replace Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code and decline to renew the Military Equipment Policy.
Decline to approve the Pacifica Police Department 2023 Annual Military Equipment Use Report and provide staff further direction.
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RELATION TO CITY COUNCIL STRATEGIC GOAL 2:
Improve and steward City infrastructure, streets, and facilities.
FISCAL IMPACT:
The Pacifica Police Department intends to procure two Unmanned Aerial Systems with funds acquired through the Department of Justice COPS Technology and Equipment Grant. The total costs for entering a 5-year contract with Axon for the DJI UAS/Drones (2), accessories, training, Axon-Air System and associated required licenses will cost approximately $61,000. The City Manager will be executing the AXON contract as it is within his purchasing authority.
CEQA:
The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
ORIGINATED BY:
Police
ATTACHMENT LIST:
Attachment A - 2023 Annual Military Equipment Use Report (PDF) Attachment B - Military Equipment Policy #705 (PDF)
Attachment C - Unmanned Aerial System Policy #606 (PDF) Pacifica City Council 7
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ORDINANCE NO. (ID # 5775)
ORDINANCE NO. ____-C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTER 19, “ACQUISITION AND USE OF MILITARY EQUIPMENT” OF TITLE 4 “PUBLIC SAFETY” OF THE PACIFICA MUNICIPAL CODE RENEWING THE
MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Pacifica Police Department 2023 Annual Militarized Equipment Use Report was published on the Department’s internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and
WHEREAS, the Pacifica Police Department’s Policy 705 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in Policy 705 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and
WHEREAS, Policy 705 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Policy 705 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
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WHEREAS, the City Council of the City of Pacifica originally adopted Ordinance No. 877-C.S. which became effective on May 25, 2022, adopting the City of Pacifica’s Military Equipment Policy, Policy 705 “Military Equipment”; and
WHEREAS, in accordance with Government Code section 7071(e), the Police Department has prepared the 2023 Annual Military Equipment Use Report, which was made available to Council on August 8, 2024, and made available to the public on the Pacifica Police Department’s website on August 8, 2024; and WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting at Starbucks (Linda Mar Shopping Center) on August 20, 2024, where the public discussed and asked questions regarding the annual military equipment report and the Pacifica Police Department’s funding, acquisition, or use of military equipment; and
WHEREAS, the City Council of the City of Pacifica has been presented with the 2023 Annual Military Equipment Use Report by the City of Pacifica Police Department and has determined that use of each type of military equipment identified in that report has complied with the military equipment use policy that was in effect at the time and satisfies all the requirements specified in Government Code section 7072.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES ORDAIN AND FIND AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Pacifica does hereby find the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Policy Renewed. The City Council finds that the 2023 Annual Military Equipment Use Report by the City of Pacifica Police Department meets the requirements of Government Code section 7072 and the use of military equipment complied with the standards of use authorized. Therefore, the City Council hereby renews and adopts the Pacifica Police Department’s Policy 705 “Military Equipment”, found here:
https://www.cityofpacifica.org/departments/police/transparency Section 3. Repeal and Replacement of Chapter 19. Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code is hereby repealed in its entirety and shall be replaced to read as follows:
“The Pacifica Police Department’s Policy 705 “Military Equipment” shall be maintained on the Pacifica Police Department’s website.” Section 4. CEQA. The City Council finds that this ordinance and the City of Pacifica Police Department’s Policy 705 and the 2023 Annual Military Equipment Use Report are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
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Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council od the City of Pacifica, California, and cause the same to be published in accordance with State Law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the ______ day of _______ 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
CITY OF PACIFICA
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney * * * * *
Pacifica City Council 10 October 14, 2024
* * * * *
(ID # 5775) at 10/14/2024 6:00 PM City Council Regular Meeting