Title
RESOLUTION 2017-247 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FEDERAL AVIATION AUTHORITY, A PARTNERSHIP AGREEMENT WITH THE CITY OF SAN DIEGO AND AGREEMENTS WITH INDUSTRY PARTNERS IN SUPPORT OF THE REGIONAL APPLICATION, BY THE CITY OF SAN DIEGO, TO THE FEDERAL AVIATION AUTHORITY’S UNMANNED AERIAL SYSTEMS INTEGRATION PILOT PROGRAM
Body
RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
Body
SUMMARY
On October 25, 2017 President Donald J. Trump directed U.S. Secretary of Transportation Elaine L. Chao to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local governments in select jurisdictions. On November 2, 2017 the Federal Aviation Authority (FAA) announced a drone integration pilot program (IPP). The IPP required a state or local government to submit a notice of intent to act as lead applicant for the program by November 28, 2017. Both the City of San Diego and the City of Chula Vista submitted their intention to apply as lead applicants. However, since applying, city staff has been working with the City of San Diego, South County Economic Development Council (SCEDC), San Diego Regional Economic Development Corporation (SDREDC) and private technology companies to join in partnership on one regional application that would cover airspace located in both jurisdictions. The FAA strongly encouraged participants to work closely with industry partners and technical experts in the drafting of proposals for FAA consideration. The intent of our collaboration is to create the most compelling regional application that will be seen as innovative and competitive with other states and local governments, because only a select few will be chosen. As part of the application the FAA requires applicants have the ability to enter into a Memorandum of Agreement (MOA) within five (5) days after receiving notice of selection. The proposed resolution would allow the City Manager to enter into this MOA, partnership agreements with the City of San Diego and agreements with our private partners should the application win the approval of the FAA.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required.
Body
Environmental Determination
The Development Services Director has reviewed the proposed contract approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review of contract approval is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On October 25, 2017 President Donald J. Trump directed U.S. Secretary of Transportation Elaine L. Chao to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local governments in select jurisdictions. On November 2, 2017 the Federal Aviation Authority (FAA) announced a drone integration pilot program (IPP). The IPP required a state or local government to submit a notice of intent to act as lead applicant for the program by November 28, 2017. Both the City of San Diego and the City of Chula Vista submitted their intention to apply as lead applicants. However, since applying, city staff has been working with the City of San Diego, South County Economic Development Council (SCEDC), San Diego Regional Economic Development Corporation (SDREDC) and private technology companies to join in partnership on one regional application that would cover airspace located in both jurisdictions. The FAA strongly encouraged participants to work closely with industry partners and technical experts in the drafting of proposals for FAA consideration. The intent of our collaboration is to create the most compelling regional application that will be seen as innovative and competitive with other states and local governments, because only a select few will be chosen.
Federal Aviation Authority Drone Integration Pilot Program (IPP)
The drone integration pilot program (IPP) proposes to enter into agreements with state, local, and tribal governments to establish innovation zones for testing complex Unmanned Aerial System (UAS) operations and to attempt different models for integrating drones into local airspace. Using existing Federal authorities, the program will accelerate testing of currently restricted UAS operations - such as beyond-visual-line-of-sight flights and flights over people. The effort is intended to accelerate the integration of unmanned aircraft into the national airspace. Transportation Secretary Elaine Chao anticipates that these public private partnerships will “allow local communities to experiment with new technologies like package deliveries, emergency drone inspections, and more, on terms that work for them and in ways that support a unified and safe airspace”. Under the three-year program, the City of San Diego and the City of Chula Vista will partner with the private sector to provide a wide range of drone operations. The FAA will determine whether to accept these proposals into the pilot program on a case-by-case basis. According to the FAA, a successful application with have a “well defined framework” for managing flights and will have “strong industry partners.
If approved, the FAA will grant the localities a waiver and will use testing data from those operations to inform federal policymaking. What is learned through testing operational concepts will provide the FAA clarity on rules that ensure safety and continued innovation. The FAA issued its first rule permitting small, routine drone flights last year, but the agency still prohibits most commercial drone flights over populated areas, nighttime operations and flying beyond the visual line of sight. The FAA has been considering proposals to lift some of those restrictions but needs greater clarity from state and local governments on how they may want to be involved in the process of allowing drones in their communities. Part of the proposal includes a robust public outreach program to gain constant feedback from the community. The FAA anticipates initially identify five (5) communities for the program.
The IPP will allow the following operations:
• The pilot program will open the skies for the delivery of life-saving medicines and commercial packages, inspections of critical infrastructure, support for emergency management operations, and surveys of crops for precision agriculture applications.
• The pilot program will also allow testing of new UAS traffic management systems and detection and tracking capabilities, which are needed to fully integrate UAS operations into the national airspace system.
Chula Vista UAS Efforts:
Since 2016, the City of Chula Vista has been involved in an informal drone integration program that is being led by the Chula Vista Police Department (CVPD). The CVPD has been exploring using drones in the service of public safety. It is widely understood that drones have the ability to safely and effectively conduct public safety operations at a fraction of the cost of manned aircraft. More importantly, a drone provides an opportunity to provide situational awareness of an incident without the need of a first responder to be put in harm’s way. CVPD envisions using drones to conduct the following type of operations:
• Missing persons at risk / Canyon searches
• Finding dangerous people and securing / documenting crime scenes
• Active shooters / Hostage / Crisis resolution
• Traffic collision reconstruction and investigation
• Bomb or suspicious package inspection
• Looking into dangerous vehicles (hot stops)
• Riot control (recording / situational awareness)
• Fire prevention and investigation
• Fire rescue
• Wildfire / Fire intelligence
• Hazardous material / Natural disaster mitigation
• Enhanced training capability
• Community Outreach Events, Demonstrations
The CVPD, with input from other police and public safety agencies, with active UAS programs, drafted a UAS Policy and is currently able to conduct UAS operations on a very limited basis due to FAA constraints. Because of these constraints, CVPD has not been able to formally deploy a drone in direct support of a public safety event. The current FAA restrictions and training requirements severely limit the capability of the existing City program and the opportunities for its timely use.
The FAA’s Integration Pilot Project is a recognition of these limitations and is an attempt to coordinate with local government agencies to responsibly test and confirm the safety and effectiveness of this new tool.
From the very beginning CVPD has understood that transparency and accountability were highest priority in terms of the public’s acceptance of any UAS Program. Public outreach has occurred at the outset and is ongoing today. The Police Chief continues to inform the public of the benefits of UAS operations for public safety at community events, city leadership meetings and public workshops. The following is a list of those events:
3/24/2016 Meeting with Christie Hill, David Trujillo of the ACLU
5/25/2016 Meeting with Christie Hill of the ACLU
8/31/2016 Chief’s Community Advisory Committee presentation
9/27/2016 Police Technologies Public Forum - Chula Vista Council Chambers
2/9/2017 Coffee with a Cop - Broken Yolk Restaurant
4/11/2017 Council Member Aguilar’s UAS public comment solicitation
4/14/2017 Media Day at Olympic Training Center
4/15/2017 CVFD Easter Egg Hunt
6/19/2017 The Evening of Heroes Gala
08/01/2017 National Night Out
10/27/2017 Discovery Elementary STEM
11/08/2017 Public Safety Meeting/District 1
11/09/2017 Public Safety Advisory Committee Meeting
CVPD has the unique ability to conduct a specific Concept of Operations (CONOPS) by integrating UAS’s into current public safety operations. CVPD has already developed and utilized operations involving the pre-deployment of unmarked police personnel to act as “scouts” for responding to critical incidents (SARA Project). Therefore, implementing UAS use into current patrol operations would require almost no formal training by patrol personnel and could be done almost immediately. CVPD has access to all incoming 911 calls for both police and fire and a plan/ability to relay the nature and location of any incident to a UAS/UAS operator for immediate deployment. CVPD is developing a central command operations center in the current Watch Commander’s Office to allow immediate access and relay of UAS video streaming for intelligence-led incident response by police and fire. CVPD has developed relationships in the private sector, and these private sector stakeholders have the ability and desire to partner with CVPD to beta test these CONOPS. The Police Chief and UAS Team have a demonstrated desire and ability to maintain transparent communications with the community and city leaders regarding UAS operations in support of public safety.
The pilot program will increase the number and complexity of UAS operations across the nation. The program will help in the development of a future national aviation regulatory framework that can fuel American leadership in unmanned aviation. The proposed resolution will allow the City Manager to enter into an MOA with the FAA, partnership agreements with the City of San Diego and agreements with private partners, should the application win the approval of the FAA.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The FAA drone integration pilot program serves to implement strong and secure neighborhoods, operational excellence and economic vitality.
CURRENT YEAR FISCAL IMPACT
There is no net fiscal impact to the General Fund as a result of this action.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts as a result of this action as this action.
ATTACHMENTS
Staff Contact: Eric Crockett, Economic Development Director
Captain Fritz Reber, Chula Vista Police Department