HomeMy WebLinkAboutPD Military Equipment Use____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 06/02/2025
Disposition: Resolution 15419
Agenda Item No: 6.a
Meeting Date: June 2, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Scott Eberle, Lieutenant City Manager Approval: ______________
TOPIC: MILITARY EQUIPMENT USE
SUBJECT: RESOLUTION RENEWING THE ORDINANCE ADOPTING SAN RAFAEL POLICE
DEPARTMENT MILITARY EQUIPMENT USE POLICY 706; ADDING TWO DRONES
FOR USE AS FIRST RESPONDERS; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A PURCHASE ORDER WITH FLOCK GROUP, INC. IN AN AMOUNT
NOT TO EXCEED $500,000, SUBJECT TO COUNCIL APPROPRIATION
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution renewing the ordinance approving the San
Rafael Police Department Military Equipment Use Policy 706 and authorize the City Manager to execute
an agreement with Flock Group Inc. for the lease and installation of two Unmanned Aerial Systems (UAS)
or Drone as First Responder (DFR) for a 36-month term in an amount not to exceed $500,000.
BACKGROUND:
The California Legislature passed Assembly Bill 481 (AB 481) in 2021, codified as Government Code
Section 7020, et seq., which requires the applicable governing body to adopt an ordinance approving a
military equipment use policy for the funding, acquisition, and use of military equipment by a law
enforcement agency. The law enforcement agency must also hold one community engagement meeting,
during which the department should discuss the report and respond to public questions regarding the
funding, acquisition, or use of military equipment.
In May 2022, the City Council adopted Ordinance 2007, adding Chapter 2.52 to the San Rafael Municipal
Code, to establish the requirements for approval and annual review of a military equipment policy. In
Division 3 of Ordinance 2007, the City Council also approved Policy 706 - Military Equipment Funding,
Acquisition and Use Policy, and a Military Equipment Inventory List dated March 7, 2022.
Government Code Section 7071(e)(1) requires the City Council to review Ordinance 2007 annually
Department’s current annual Military Equipment Report and find and determine whether each type of
Military Equipment identified in that report has complied with the standards for approval set forth in SRMC
Section 2.52.020(D) and the Military Equipment Use Policy.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
AB 481 Military Equipment Annual Report
The San Rafael Police Department (SRPD) AB 481 2024 Military Equipment Annual Report is provided
as Attachment 1 to this staff report and includes the following:
• A summary of how the military equipment was used and the purpose of its use.
• A summary of any complaints or concerns concerning the military equipment.
o The SRPD received no complaints or concerns about the use of Military Equipment during
the 2024 calendar year.
• The results of any internal audits, information about violations of the military equipment use
policy, and any actions taken in response.
o As a result of an internal audit, there were no military equipment use policy violations.
As described in the 2024 Military Equipment Annual Report, the SRPD, in most instances, only deployed
military equipment for training. However, SRPD did have cause to deploy some equipment in the course
of their duties. As described, this included:
• The use of the Marin County Sheriff’s Office UAS (Thirteen (13) call outs, but in seven (7) cases
the UAS was unavailable)
• The use of the Armored Rescue Vehicle (Two Call outs)
• The use of the Less-Than-Lethal Impact Device. (Three Deployments)
AB 481 2024 Military Equipment Inventory List
The SRPD AB 481 2024 Military Equipment Inventory List is provided as Attachment 2 to this staff report
and includes the following:
• The total annual cost for each type of military equipment includes acquisition, personnel, training,
transportation, maintenance, storage, upgrades, and other ongoing costs. Additionally, it specifies
the source of funding for the military equipment in the calendar year following the submission of
the annual military equipment report.
• The quantity possessed for each type of military equipment.
• If the law enforcement agency intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
The SRPD has not obtained, nor does it utilize, any equipment procured from the United States
Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033
program).
Review of the Military Equipment Use Policy
Staff has concluded that Military Equipment Use Policy 706 is effective, and no circumstances have
changed that would require an update.
Unmanned Aerial System (UAS) – Drone as a First Responder (DFR)
The SRPD requests authorization to purchase and use an Unmanned Aerial System (UAS) – Drone as
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
a First Responder (DFR) program in 2025. The SRPD has analyzed this purchase as required under AB
481. The complete AB 481 analysis is contained in Attachment 2. The quote for the cost of the equipment
is in Attachment 5.
DFR Benefits: DFRs provide many benefits, including enhanced situational awareness and reduced
liability. Drones offer real-time aerial video footage, allowing officers to better prepare and strategize
before arriving on the scene. This capability enhances officer safety and operational effectiveness.
Drones can verify the validity of a call for service and potentially mitigate those calls without requiring
officer response if unnecessary.
Drones can also perform tasks that are not safe or possible for personnel, such as entering hazardous
environments, capturing high-definition video and images, providing thermal imaging capabilities,
transporting external loads, and monitoring areas that may pose potential risks in a natural disaster.
Local Policies: SRPD’s UAS Policy (Attachment 5) includes clear and strict limitations to address
surveillance-related concerns. Per the UAS Policy, drones will not be used for random surveillance or to
target, harass, intimidate, or discriminate against any individual or group. Furthermore, drones will not be
used for any personal business, and they will not be equipped with any form of weaponry. These
safeguards are in place to ensure UAS operations are carried out with integrity, transparency, and public
trust.
Similar to piloted aerial vehicles, UASs may pass over areas such as backyards that residents may
consider private. The SRPD has implemented specific operational protocols to minimize these intrusions
and help alleviate public apprehension.
While in flight, drone operators will ensure the camera remains angled horizontally rather than pointing
directly downward, unless necessary for a specific public safety function. Additionally, SRPD policy
requires UAS operators to take reasonable precautions to avoid capturing imagery of areas where
individuals have a reasonable expectation of privacy.
Finally, UAS deployment will be limited in scope and purpose. SRPD will only launch drones in response
to calls for service that would ordinarily justify the presence of a police officer or for documenting crime
scenes. These limitations are designed to ensure that UAS technology enhances public safety without
compromising community rights or expectations of privacy.
COMMUNITY OUTREACH:
The April 16, 2025, Police Advisory and Accountability Committee (PAAC) served as the public forum for
community engagement on the AB 481 Military Equipment Annual Report.
During the PAAC meeting, questions were raised regarding the AB 481 Annual Report and the proposed
acquisition of an Unmanned Aerial System (UAS). This section briefly summarizes the questions and the
staff's responses.
Deployment History: Attendees asked where military equipment has been deployed in San
Rafael over the past five years. Staff noted that AB 481 was enacted in 2022, and all deployment
data—including usage, location, and event summaries—is available online on the SRPD
website’s transparency page under “Military Equipment Funding, Acquisition, and Use.”
After-Action Reports: In response to an inquiry regarding the availability of after-action reports
on military equipment deployments, staff clarifies the following: While independent, publicly
available after-action reports are not produced, each deployment is formally documented within
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
a corresponding police report prepared by the SRPD. The case numbers associated with these
reports are included in the Military Equipment Annual Report, which is available to the public. It is
important to note that, under Government Code §7920–7931, certain information in these reports
may be exempt from public disclosure due to statutory limitations.
Facial Recognition and Demographic Accuracy: A meeting attendee raised a concern about
the potential use of facial recognition technology and the accuracy of demographic identification.
Staff confirmed that facial recognition is not a component of the current proposal. The Unmanned
Aerial System (UAS) transmits live video footage to a monitor for pilots to interpret in real-time.
The system has a high-resolution camera featuring 400x blended zoom capability. There are no
automated features for demographic, facial, or gender recognition incorporated into this
equipment.
Legal Standards: Questions were asked about legal standards governing UAS and Drones as
First Responder (DFR) technology. Locally, SRPD Policy 606 governs UAS use. Federally, UAS
operations are regulated by the Federal Aviation Administration (FAA), with details available at
FAA UAS Public Safety.
PAAC Involvement in Policy Development: At its April 16, 2025, meeting, the PAAC was
advised of the opportunity to review and comment on the draft policy. The PAAC recommended
that the policy be finalized and formally adopted before its implementation.
Bias Audits: A question was raised about independent bias audits. While no specific audit
mechanism is in place, all UAS flight data will be publicly accessible through the SRPD.org
Transparency Portal.
Privacy and Data Collection: A speaker asked about the ability to opt out of the program and
the potential for the collection of personal data. Staff affirm that the Drone as First Responder
(DFR) program does not collect personal data. Any personally identifiable information (PII) that
may be incidentally captured is subject to the protections outlined in the California Public Records
Act (CPRA) and other applicable privacy laws and regulations. Additionally, all data is retained
and managed in accordance with the City's data retention policies, and any incidental PII is
reviewed, redacted, or restricted from disclosure as required by law.
Community Engagement: Attendees asked how impacted communities are being engaged.
SRPD presented the draft UAS policy to the public via the PAAC meeting on April 16, 2025, as a
means of community outreach and engagement.
Reparations: A speaker asked about the possibility of reparations for impacted communities.
Staff responded that there are no current plans or initiatives under consideration related to
reparations at this time.
RIPA Data: A speaker asked SRPD to include Racial and Identity Profiling Act (RIPA) data in
reports related to drone or military equipment deployments. RIPA data is available online on the
SRPD Transparency webpage.
Complaints from Other Agencies: The PAAC inquired about complaints from other departments
using drones. SRPD consulted with Chula Vista PD, Elk Grove PD, Novato PD, and the Marin
County Sheriff's Office. None of the agencies contacted reported any sustained complaints
related to drone use.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Drone-Related Incidents: A speaker raised concerns about any adverse outcomes from drone
operations. SRPD is not aware of any incidents involving physical or emotional harm resulting
from drone usage.
Ultimately, twelve community members provided public comments. Ten of the twelve speakers, including
individuals who identified as victims of crime, expressed support for the Police Department’s
implementation of a Drone as First Responder (DFR) program. Following public comment and discussion,
the PAAC voted unanimously (7–0) to support SRPD’s implementation of a DFR program. A video of the
meeting may be found here: https://www.cityofsanrafael.org/meetings/policeadvisory-accountability-
committee-april-16-2025/.
FISCAL IMPACT:
The proposed three-year contract for the Drones as First Responders (DFR) program totals $500,000,
distributed as follows:
• Year One: $150,000 (FY2025-26)
• Year Two: $150,000 (FY2026-27)
• Year Three: $200,000 (FY2027-28)
In the first two years, the City will acquire two drones and associated infrastructure:
• Drone 1: An advanced drone with a battery-swapping dock valued at $150,000.
• Drone 2: A less advanced but functional drone with a contact charging dock, provided free of
charge by the vendor for the first two years of the program.
In the third year, the City will incur $200,000, reflecting operational and maintenance expenses as well
as potential upgrades to the equipment and infrastructure.
Funding for this program has been included in the Police Department’s FY 2025-26 budget, from recurring
General Fund appropriations, to cover program costs.
OPTIONS:
The City Council has the following options to consider in this matter:
1. Adopt the resolution.
2. Adopt a revised resolution with changes.
3. Do not adopt the resolution.
RECOMMENDED ACTION:
Staff recommend that the City Council adopt a resolution renewing the ordinance approving the San
Rafael Police Department Military Equipment Use Policy 706 and authorize the City Manager to execute
an agreement with Flock Group Inc. for the lease and installation of two Unmanned Aerial Systems (UAS)
or Drone as First Responder (DFR) for a 36-month term in an amount not to exceed $500,000.
ATTACHMENTS:
1. Resolution
2. 2024 Military Equipment Annual Report
3. 2024 Military Equipment Inventory
4. UAS Policy
5. Flock Aerodome DFR Order Form
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RENEWING THE ORDINANCE ADOPTING SAN RAFAEL POLICE DEPARTMENT
MILITARY EQUIPMENT USE POLICY 706; ADDING TWO DRONES FOR USE AS
FIRST RESPONDERS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A PURCHASE ORDER WITH FLOCK GROUP, INC. IN AN AMOUNT NOT TO
EXCEED $500,000, SUBJECT TO COUNCIL APPROPRIATION
WHEREAS, Government Code sections 7071 et. seq. codifies Assembly Bill 481
(effective January 1, 2022) and requires legislative bodies to adopt ordinances approving military
equipment use policies before law enforcement agencies can continue to engage in activities
related to the funding, acquisition, or use of military equipment; and
WHEREAS, the San Rafael Police Department (“SRPD”) has military equipment in its
inventory and engages in critical public safety activities in coordination with other jurisdictions
on law enforcement-related matters, including safeguarding the public’s welfare and safety,
working on regional task forces, conducting training exercises, providing mutual aid, and
responding to emergencies; and
WHEREAS, in May 2022, the City Council of the City of San Rafael adopted Ordinance
No. 2007, adding Chapter 2.52 to the San Rafael Municipal Code, to establish the requirements
for approval and annual review of a military equipment policy; and
WHEREAS, in Division 3 of Ordinance No. 2007, the City Council also approved Policy
706 - Military Equipment Funding, Acquisition and Use Policy; and
WHEREAS, the SRPD Military Equipment Use Policy 706, posted on SRPD’s website
since its adoption, sets forth a military equipment funding, acquisition, and use policy that is
consistent with the SRPD’s current practices, complies with all requirements of the Government
Code and the San Rafael Municipal Code, will continue to ensure ongoing regulation and
compliance with the law going forward and will continue to provide a means of community
engagement and transparency regarding use of military equipment by the SRPD; and
WHEREAS, the SRPD has posted to is website and submitted to the City Council, its AB
481 Military Equipment Annual Report for calendar year 2024, describing how its military
equipment was used and its purpose, a summary of complaints or concerns, the results of any
audits or violations of the policy, the total annual cost of each type of military equipment, the
quantity possessed, and the intention to acquire any additional equipment in the next year; and
WHEREAS, the Government Code and the San Rafael Municipal Code require that,
following receipt of the annual report, the City Council conduct an annual review of the ordinance
adopting the Military Equipment Use Policy and vote on whether to the renew the ordinance;
and
WHEREAS, the City Council of the City of San Rafael has reviewed the San Rafael Police
Department’s plan for acquiring and utilizing the Drone as First Responder (DFR) program and
finds that the proposed use is consistent with the City’s commitment to enhancing public safety,
transparency, and responsible technology use. The DFR program will provide critical real-time
situational awareness, improve officer and community safety, and enable more efficient
responses to emergencies; and
WHEREAS, the City Council has received and reviewed the annual report and
accompanying inventory list, has reviewed Ordinance No. 2007 approving San Rafael Police
Department Military Equipment Use Policy 706, and has considered the requirements contained
in section 7071(d) of the Government Code, and now desires to renew Division 3 of Ordinance
No. 2007, approving the San Rafael Police Department Military Equipment Use Policy 706,
without modification; and
WHEREAS, the City Council held a noticed public hearing at its regular City Council
meeting on June 2nd, 2025, concerning this resolution.
NOW, THEREFORE, BE IT RESOLVED, by the San Rafael City Council as follows:
1. The City Council has received and reviewed San Rafael Police Department AB 481
Military Equipment Annual Report for calendar year 2024 and the Inventory List, and
reviewed Ordinance No. 2007 approving the San Rafael Police Department’s “Policy 706
– Military Equipment Funding, Acquisition and Use Policy”.
2. Based on the staff report and the oral and written comments received for the public
hearing, the City Council hereby finds and determines, pursuant to Government Code
Section 7071(d)(1), as follows:
a. The military equipment is necessary because there is no reasonable alternative that
can achieve the same objective of officer and civilian safety. The acquisition and use
of this equipment is part of the San Rafael Police Department’s overall approach to
Critical Incident Management, Use of Force, De-Escalation and public safety. The
equipment will enable department members to properly respond to both planned and
unplanned events efficiently and effectively.
b. The Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties by
ensuring required reporting, the opportunity for community engagement and
feedback, and transparency and oversight regarding the acquisition and use of
specified military equipment in the City of San Rafael.
c. The purchasing of equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety.
d. Prior military equipment use complied with the policy that was in effect at the time of
the use.
3. Based upon these findings, the City Council hereby renews Ordinance No. 2007, Division
3, approving “Policy 706 – Military Equipment Funding, Acquisition and Use Policy” and
adds two drones as first responders as detailed in the accompanying staff report.
4. Authorizes the City Manager to enter into a purchase order with Flock Group Inc for
drones as first responders in an amount not to exceed $150,000 for the first year,
$150,000 for the second year, and $200,000 for the third year, subject to Council
appropriation.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said
City on the 2nd day of June 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
LINDSAY LARA, City Clerk
ATTACHMENTS:
2. 2024 Military Equipment Annual Report
3. 2024 Military Equipment Inventory
4. UAS Policy
Flock Safety + CA - San Rafael PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Jeff Lents
jeff.lents@flocksafety.com
480 621 2406
ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement dated June 22,
2023 (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement"
). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”)
Hardware and Software Products
Annual recurring amounts over subscription term
Customer:CA - San Rafael PD Initial Term:36 Months
Legal Entity Name:CA - San Rafael PD Renewal Term:12 Months
Accounts Payable
Email:
475@srpd.org Payment
Terms:
Net 30
Address:1375 Fifth Avenue San Rafael,
California 94901
Billing
Frequency:
Annual Plan - First Year Invoiced at Signing.
Retention
Period:
30 Days
Item Cost Quantity Total
Flock Safety Platform $200,000.00
Flock Safety Drone Hardware and Services
Flock Safety DFR 2.0 - 200ft Included 1 Included
Flock Aerodome DFR - M4D + Dock
3
Included 1 Included
Flock911 for Aerodome Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1:$150,000.00
Annual Recurring Subtotal:$200,000.00
Discounts:$50,000.00
Estimated Tax:$0.00
Contract Total:$500,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. Subject to Customer appropriating funds each fiscal year
for the Hardware and Software Products, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set
forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end
of the then-current term. During the Initial Term, Customer may terminate this Agreement after the first 12 months if the Customer’s City Council fails to
appropriate funds for this Agreement in its budget and provides written notice of the termination for lack of appropriated funds.
The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires self-
installation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term
start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.
Billing Schedule
*Tax not included
Discounts
Billing Schedule Amount (USD)
Year 1
At Contract Signing $150,000.00
Year 2 $150,000.00
Annual Recurring after Year 2 $200,000.00
Contract Total $500,000.00
Discounts Applied Amount (USD)
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Flock Safety Drone Hardware and Services $100,000.00
Product and Services Descrip2on
FlockOS Features & Descrip2on
Flock Safety Platform
Items Product Description
Flock Safety DFR 2.0 -
200ft
Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes drone, camera,
batteries, battery-swapping dock, 200ft ceiling with ADS-B. Software includes remote piloting, air traffic awareness,
spectator view, mobile app, and community engagement dashboard. Services include FAA regulatory services, SOP
development, training, and ongoing support.
Flock Aerodome DFR -
M4D + Dock 3
Drone as First Responder (DFR) 2.0 system, including hardware, software, and services. Hardware includes M4D series
drone, camera, batteries, and contact-charging Dock 3. Software includes remote piloting, air traffic awareness, spectator
view, mobile app, flight logging, mission reporting, and community engagement dashboard. Services include FAA
regulatory services, SOP development, training, and ongoing support.
Flock911 for Aerodome
Flock911 enables users to access live 911 calls directly within the FlockOS™ software, delivering real-time situational
context that ensures faster, safer, and more efficient responses to calls for service.
FlockOS Features Description