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Home My WebLink AboutMinutes - April 17, 2018 SSLODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, APRIL 17, 2018 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, April 17, 2018, commencing at 7:01 a.m. Present: Council Member Chandler, Council Member Johnson, and Mayor Nakanishi Absent: Council Member Kuehne, and Mayor Pro Tempore Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Topic(s) B-1 Receive Presentation Regarding City’s Use of Drones and Recent Lodi Police Foundation Donation of a Drone for Use by Police Department (PD) Lieutenant Steve Nelson provided a PowerPoint presentation regarding the Lodi Police Department's Unmanned Aircraft System (UAS) Program. Specific topics of discussion included description of UAS; DJI Phantom 4 drone; Phantom 4 specifications; UAS uses - rooftop searches, large area searches, collision/crime scene photography, emergency management of natural disaster and hazardous incidents, and assistance to Lodi Fire Department; legal requirements for drone operation; Public Safety UAS Program; operating a UAS as a public entity; legal considerations; and privacy. In response to Mayor Nakanishi, City Manager Schwabauer stated the Police Department's use of drones is separate from recreational use and an ordinance addressing the general public's use will come before Council at a later date. Council Member Johnson suggested checking whether Stockton would be willing to assist Lodi in active scenes with its drones since it has many more of the low-cost drones and two of the more expensive, advanced drones. Lt. Nelson stated that, once Stockton is fully operational with all of its drones, it will have an excellent program and he will follow-up with the agency regarding the potential for assistance. He added that staff looked into purchasing an advanced drone through a grant, but the City did not meet all of the criteria. Council Member Johnson stated he believes the Police Department needs the advanced drone and suggested forward budgeting to ensure the Police Department has the necessary technology and equipment. Myrna Wetzel questioned whether the City's drone will be painted or marked in a way that separates it from recreational use, to which Lt. Nelson replied in the affirmative, adding it will have the Police Department logo. C. Comments by Public on Non-Agenda Items Myrna Wetzel suggested Waste Management hold its annual waste disposal day more frequently, perhaps on a monthly basis, for residents to dispose of batteries, lights, and empty bottles of household hazardous waste items. The event draws so many residents that the line of cars waiting to enter is extremely long and it takes almost an hour to dispose of the items, all while generating hazardous fumes from idling cars. City Attorney Magdich pointed out there is a county area drop off at the San Joaquin County Hazardous Waste Consolidation Facility near the Stockton airport that is open Thursdays through Saturdays from 9 a.m. to 3 p.m. 1 Mayor Nakanishi requested staff contact Waste Management about the suggestion. Mr. Schwabauer responded it would be a challenge for Waste Management to have specialized household hazardous waste disposal equipment on site on a daily basis, but he will discuss the possibility of expanding the service with Waste Management. D. Adjournment No action was taken by the City Council. The meeting was adjourned at 7:34 a.m. ATTEST: Jennifer M. Ferraiolo City Clerk 2 Lodi Police Department UAS Program 2 What is a UAS? •A UAS is a system: 1.Unmanned Aircraft 2.Ground Control Station 3.Command & Control Link(s) •Also known as: –Unmanned Aerial Vehicle (UAV) –Remotely Piloted Aircraft System (RPAS) –RC Model Aircraft –Drone Communication DJI Phantom 4 Phantom 4 Specifications •Max Speed………………..44 MPH •Max Flight Time…………Approx. 28 minutes • Max Service Ceiling…..19,685 feet Why a UAS? •San Joaquin County has no immediate air support •Sacramento PD Helicopter •Sacramento Sheriff Helicopter •CHP Helicopter / Airplane Why a UAS? •Search large areas for missing persons •Clear rooftops and yards for wanted subjects •Eliminates the need to take fire equipment out of service •Can be immediately deployed to clear search area quicker and more efficiently Rooftop Search Large Area Search Missing Person Accident Victim Collision/Crime Scene photography Emergency Management Natural Disaster Hazardous Incidents Assist Lodi Fire Options for Flying Your Drone Legally SECTION 336 H.R.658 - FAA Modernization and Reform Act of 2012 •Fly for hobby or recreation ONLY •Notify the airport and air traffic control tower prior to flying within 5 miles of an airport •Never fly near emergency response efforts Part 107 (14 CFR) •Fly for recreational OR commercial use •Register your drone •Get a Remote Pilot Certificate from the FAA •Don't fly in controlled airspace near airports without FAA permission Part 107 Operating Rules •Remote Pilot Certificate •Registration •Visual line-of-sight •Daylight or civil twilight •Not directly over people •Must yield right-of-way to manned aircraft •One UAS per pilot in command •Max groundspeed of 100 mph •Altitude 400’ or 400’ radius when over structure •Airspace authorization for class B, C, D, and E surface areas 13 Waivable Rules under Part 107 •Operation from a moving vehicle or aircraft (§ 107.25) •Daylight operation (§ 107.29) •Visual line of sight aircraft operation (§ 107.31) •Visual observer (§ 107.33) •Operation of multiple small unmanned aircraft systems (§ 107.35) •Yielding the right of way (§ 107.37(a)) •Operation over people (§ 107.39) •Operation in certain airspace (§ 107.41) •Operating limitations for small unmanned aircraft (§ 107.51) 14 Public Safety UAS Program Blanket COA •Operate outside of approved COA location •At or below 400 feet AGL; and •5 nautical miles (NM) from an airport having an operational control tower; or •3 NM from an airport having a published instrument flight procedure, but not having an operational control tower; or •2 NM from an airport not having a published instrument flight procedure or an operational control tower; or •2 NM from a heliport •Ability to obtain emergency COA (E-COA) 15 Government entities have 2 options for flying UAS : Fly under the small UAS rule – follow all rules under 14 CFR part 107, including aircraft and pilot requirements or Obtain a blanket public Certificate of Waiver or Authorization (COA) – permits nationwide flights in Class G airspace at or below 400 feet, self-certification of the UAS pilot, and the option to obtain Emergency COAs (e-COAs) under special circumstances Pilot-In-Command Make sure the individual flying the UAS understands the rules and their pilot responsibilities Concept of Operations Decide what type of mission the UAS will be used for Civil Operator Rules (14 CFR part 107) •Requires UAS registration & operator certification •Less burdensome to fly immediately, but less flexible airspace access Public Operator Rules (14 CFR part 91 with a COA) •Requires detailed concept of operations and specifies ATC services •More work up front to get more flexible access to airspace Operating a UAS as a Public Entity You want to be a UAS Operator Know Your Options Learn which rules meet your operating needs Legal Considerations California v. Ciraolo (1986) In a 5–4 decision the Court ruled that Santa Clara police officers, acting on an anonymous tip, did not need a warrant to use an airplane flying at 1,000 feet to look for marijuana plants in Dante Ciraolo’s backyard. Having seen marijuana in the backyard from the plane, officers secured a search warrant and arrested Ciraolo, who pleaded guilty to the cultivation of marijuana. The Court held that the search did not violate Ciraolo’s reasonable expectation of privacy. Legal Considerations Florida v. Riley (1989) Decided a few years after Ciraolo, a plurality of the Supreme Court found that a Pasco County, Florida, police officer did not need a warrant to surveil a suspected marijuana grower’s property from a helicopter flying at 400 feet LPD Policy 606.3 – PRIVACY The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy PRIVACY PRIVACY 606.6 PROHIBITED USE The UAS video surveillance equipment shall not be used: •To conduct random surveillance activities. •To target a person based solely on individual characteristics, such as, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation •To harass, intimidate or discriminate against any individual or group •To conduct personal business of any type •The UAS shall not be weaponized