Agenda packet, first session — Fremont City Council, April 19, 2022

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Raj Salwan, Vice Mayor
Teresa Keng, District 1
Rick Jones, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Teresa Cox, District 6

City Staff

Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager

Allen DeMers, Human Resources Director
Susan Gauthier, City Clerk
Curtis Jacobson, Fire Chief
Hans Larsen, Public Works Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director

Fremont City Council
Agenda and Report
April 19, 2022

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call

2. Consent Agenda

3. Ceremonial Items

4. Public Communications

5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees

6. Report from City Attorney

7. Other Business

8. Council Communications

9. Adjournment

IMPORTANT NOTICE REGARDING THE

CITY COUNCIL MEETING
This meeting is being conducted utilizing
teleconferencing and electronic means Pursuant to
Government Code Section 54953(e) (Assembly Bill
361), The live stream of the meeting may be viewed
on the City of Fremont’s website at
www.Fremont.gov/Channel27 , which also provides
a link to the live stream; or, on Comcast Channel 27.

Please note at this time, Channel 27 is only
available to Comcast cable subscribers. The public
may only view the meeting on television and/or
online and not in the Council Chamber.

Submission of Public Comments: For those wishing
to make public comments at the April 19, 2022
Council meeting, you may either: (1) submit your
comments by email prior to the meeting, or (2) by
Spoken Public Comment during the meeting. If you
experience technical problems with the telephonic
meeting, please contact the City Clerk’s Office at
(510)284-4060 or [email protected] .

See instructions on next page.

Agenda and Report - Fremont City Council Meeting - April 19, 2022

April 19, 2022 Fremont City Council Page 2
How to submit Public Communications / Public Comment by email prior to the meeting:

Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit during a public comment portion of the zoom meeting, submit the pdf formatted document(s) to the email above by the noted deadline. Use the “raise hand” feature to request to speak. When called upon by the Mayor, City staff can share the document(s) while you are speaking during the time allotted.

Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

How to provide Spoken Public Comment during the meeting:
1) By phone 833-430-0037 (toll free). Webinar ID: 996 0282 1538. Click *9 to raise a hand to speak. 2) By online https://us06web.zoom.us/j/99602821538
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact The City Clerk’s Office at (510)284-4060 or [email protected] prior to the meeting for assistance.

Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and information by staff followed by City Council questions and inquiries. The applicant, or their authorized representative, or interested citizens, may they speak on the item; each speaker may only speak once to each item. At the close of public discussion, the item will be considered by the City Council and action taken. Items on the agenda may be moved from the order listed.

Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the Consent Calendar and considered separately.

Additionally, other items without a “Request to Address the City Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

Oral Communications
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Please submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker card) and each speaker may only speak once on each agenda item.

The City Council Agendas may be accessed by computer at the following World Wide Web Address:
www.fremont.gov

Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.

Information about the City or items scheduled on the Agenda and Report may be referred to:

Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060

Your interest in the conduct of our City’s business is appreciated.

April 19, 2022 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
April 19, 2022
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements by Mayor / City Manager

2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.

A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.

C. 2022 CAPE AND SLURRY SEAL PROJECT - Approval of Plans and Specifications; Award of Contract to American Pavement Systems, Inc. in the Amount of $2,930,232 (Including 5% Contingency) for the 2022 Cape and Slurry Seal Project (PWC 8195-U2); Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the 2022 Cape and Slurry Seal Project (PWC 8195-U2):

1. Find this project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

2. Approve the plans and specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, American Pavement Systems, Inc., in the amount of $2,790,232, allocate a 5% construction contingency in the amount of $140,000 for a total construction contract amount of $2,930,232, and authorize the City Manager or designee to execute the contract.

April 19, 2022 Fremont City Council Page 4
D. PURCHASE OF FIRE APPARATUS - Authorize the City Manager to Utilize the HGACBuy Contract with Golden State Fire Apparatus to Purchase Two Type I Fire Engines and One Aerial Ladder Truck; Approve the Advance and Appropriation of Funds
Contact Persons:

Name: Corina Campbell Curtis Jacobson
Title: Business Manager Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

RECOMMENDATION:

1. Authorize the City Manager or designee to issue a purchase order to Golden State Fire Apparatus for two Pierce Type I Fire Engines and one Aerial Ladder Truck, in a total amount not to exceed $4,092,223, using the terms of the HGACBuy contract.

2. Authorize the advance of $1,923,353 from the General Fund to the Fire Capital Replacement Fund (Fund 615), with the specification that the advance will be repaid at the beginning of FY 2022/23 from the General Fund allocation to the Fire Capital Replacement Fund.

3. Appropriate $1,923,353 in the Fire Capital Replacement Fund to purchase two Type I Fire Engines.

4. Appropriate $2,168,870 in the Fire Facilities Impact Fee Fund (Fund 544) to purchase one Aerial Ladder Truck.

3. Ceremonial Items
A. Proclamation: Arbor Day April 23, 2022

4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

5. Scheduled Items
A. MILITARY EQUIPMENT USE POLICY - Introduce and Waive First Reading of an Ordinance Adopting Chapter 8.80 Military Equipment Use and Approving a Military Equipment Use Policy
Contact Persons:

Name: Sean Washington Matthew Snelson
Title: Police Chief Police Captain
Dept: Police Department Police Department
Phone: 510-790-6969 510-790-6874
E-Mail: [email protected] [email protected]

April 19, 2022 Fremont City Council Page 5

RECOMMENDATION:

1. Waive full reading and introduce an ordinance adding Chapter 8.80 (Military Equipment Use) to the Fremont Municipal Code (Title 8 - Health and Safety) as attached;

2. Find that the equipment listed in the attached the Military Equipment Use Policy and Exhibit 1 is necessary because there are no reasonable alternatives that can achieve the same objective of officer and civilian safety and that the attached Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; and

3. Approve the attached Military Equipment Use Policy, including Exhibit 1.

6. Report from City Attorney - None.

7. Other Business
A. PASEO PADRE PARKWAY STREET DESIGN - Approval of Direction for Street Design Elements Along Paseo Padre Parkway between Driscoll Road and Washington Boulevard as Part of the Paseo Padre Parkway Complete Streets Project
Contact Persons:

Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION:

Approval of direction on the proposed street design elements along Paseo Padre Parkway between Driscoll Road and Washington Boulevard as part of the Paseo Padre Parkway Complete Streets Project that includes:

Option 1 - A new traffic signal at Covington Drive; pedestrian flashing beacons at Dorne Place and at Mento Drive or Olive Avenue; traffic signal modernization at Paseo Padre/Driscoll and Paseo Padre/Washington; and a “road diet” to reduce traffic lanes from 4 lanes to 2 lanes total, and allowing for the installation of buffered bikes lanes.

Option 2 – Same as Option 1, but without the “road diet” element.

April 19, 2022 Fremont City Council Page 6

8. Council Communications
A. Council Referrals

1. COUNCILMEMBER KASSAN REFERRAL: Regarding Input from Commissions for Major Road Projects
Contact Persons:

Name: Jenny Kassan
Title: Vice Mayor
Dept: City Council
Phone: 510-284-4018
E-Mail: [email protected]

RECOMMENDATION: Direct staff to review and provide input regarding engaging the Mobility Commission and Senior Commission in providing input into major transportation road projects and providing the Council with straw poll results and meeting minutes of Commission inputs on such projects.

B. Oral Reports on Meetings and Events

9. Adjournment
April 19, 2022 Fremont City Council Page 7

ACRONYMS

ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD

BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET

Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program

ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment

April 19, 2022 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 April 19, 2022 7:00 p.m. City Council Meeting Virtual Live April 26, 2022 *CANCELLED*
April 26, 2022 No 7 PM City Council Meeting
(4th Tuesday)
Monday,
May 2, 2022 5:30 p.m. Joint City Council/FUSD
Meeting City Hosts Live
May 3, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 10, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 17, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
May 24, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
May 24, 2022 No 7 PM City Council
Meeting (4th Tuesday)
May 31, 2022 No 7 PM City Council
Meeting (5th Tuesday)
June 7, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 14, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 21, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
June 28, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
June 28, 2022 No 7 PM City Council
Meeting (4th Tuesday)
July 5, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 12, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 19, 2022 7:00 p.m. City Council Meeting Council
Chambers Live
July 26, 2022 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live

Fremont City Council Meeting: 04/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4557) DOC ID: 4557
Updated: 4/13/2022 1:59 PM by Alberto Quintanilla Page 1 2022 CAPE AND SLURRY SEAL PROJECT - Approval of Plans and Specifications; Award of Contract to American Pavement Systems, Inc. in the Amount of $2,930,232 (Including 5% Contingency) for the 2022 Cape and Slurry Seal Project (PWC 8195-U2); Make Findings of CEQA Exemption.

Contact Persons:

Name: Edward Nakayama Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4775 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to initiate a project to perform pavement preventive maintenance work at various locations citywide, consisting of 139 street segments and totaling 18 miles in length.

BACKGROUND: The City’s Public Works Engineering and Street Maintenance divisions jointly monitor the pavement condition of all streets and annually perform two types of pavement treatments:
• Preventive maintenance treatments – Treatments include cape seals, slurry seals, and crack seals, which involve the application of sealant materials over pavements to extend the pavement life at a relatively low cost.
• Rehabilitation treatments – Treatments include pavement overlays and pavement base repairs, which involve the replacement of all or portions of pavements at a relatively high cost.

The City has allocated a greater amount of the available resources towards the more economical preventive maintenance treatments in order to address needs on a greater number of streets. The preventive maintenance treatments cannot address every defect that may exist on a particular street segment, but they do improve and extend the life of the pavement before having to resort to more costly rehabilitation work.

DISCUSSION:

Pavement Preventive Maintenance Project: This project will perform preventive maintenance in the form of cape and slurry seal treatments to 139 street segments, consisting of approximately 18 centerline miles of roadway and covering 3.3 million square feet of pavement surface. The pavement area covered equates to approximately 3% of the entire street network. A project web page has been created to present a map and a list of locations.

Bid Results: Bids were received on March 22, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $2,700,000.

Bidder Bid Amount

1. American Pavement Systems, Inc. $ 2,790,232 *

2.C
Packet Pg. 9
Staff Report (ID # 4557) Meeting of April 19, 2022
Updated: 4/13/2022 1:59 PM by Alberto Quintanilla Page 2

2. VSS International, Inc. $ 2,894,000

3. Pavement Coatings, Inc. $ 3,046,462

*mathematically corrected

The low bidder, American Pavement Systems, Inc. submitted a responsive bid and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has completed contracts of similar nature.

Project Costs and Funding:

Estimated Project Costs:

Construction Contract - Low Bid $ 2,790,232

Construction Contract Contingency $ 140,000

Construction Inspection and Administration $ 400,000
Construction Materials Testing $ 20,000
TOTAL ESTIMATED PROJECT COSTS $3,350,232

Source of Funding:

PWC 8195-501 Capital Improvements Fund $ 1,487,000
PWC 8195-525 Misc. State Revenue $ 39,000
PWC 8234-134 SB1 RMRA State Gas Tax 2103 $ 2,630,000 *
TOTAL FUNDS AVAILABLE $ 4,156,000

* Amount adjusted to account for 2022 Pavement Rehabilitation Project contract cost referenced in 4/5/22 Council Agenda item . Of the $4.343 million available in this fund, $1.713 million is planned to be used for the Pavement Rehabilitation project contract leaving $2.63 million available for this Cape and Slurry Seal project.

Based on the contract amount, project cost estimates, and proposed funding reallocations there are sufficient funds budgeted and appropriated for this project.

Safe and Complete Streets: This project includes modifications to provide multi-modal roadways consisting of narrower vehicular lanes, buffered bike lanes, enhanced crosswalks, bulb out treatments at intersections, and other improvements in conformance to current safe and complete streets practices. The streets where these modifications are planned include the following:

1. San Pedro Drive from Balboa Drive to Thornton Avenue

2. Mattos Drive from Glenmoor Drive to Logan Drive

3. Bidwell Drive from Sundale Drive to Fremont Boulevard

4. Sundale Drive from Stevenson Boulevard to Hilo Street

5. Guardino Drive from Mowry Avenue to Litchfield Avenue

Traffic Control: Due to the size and scope of this project, City residents and the traveling public will experience some inconvenience during construction. To minimize exposure of vehicles to the work, staff and the contractor will limit access and use of the roadways during construction. Individual traffic lanes and, if necessary, the entire width of the street

2.C
Packet Pg. 10
Staff Report (ID # 4557) Meeting of April 19, 2022
Updated: 4/13/2022 1:59 PM by Alberto Quintanilla Page 3 will be closed to traffic briefly in order to perform the pavement work. To mitigate the impact of traffic delays on the public, the contractor is required to prepare traffic control plans. City staff will review and approve all traffic control plans prior to construction and will monitor traffic control work during construction to minimize the impact to the public.

Nearby businesses and residences will also receive notices informing them of the work and any parking restrictions that may be implemented. The contractor will be required to post signs for parking restrictions on project streets no less than 72 hours before the start of work. For locations near schools the contractor will be required to perform the work when school is either not in session or during periods outside of the peak hours when the school pick up or drop off is occurring.

FISCAL IMPACT: The pavement preventive maintenance work and safe and complete streets elements on public streets are funded by the Pavement Maintenance account (PWC 8195) and the Pavement Rehabilitation account (PWC 8234). These funding sources were appropriated for these purposes through the Capital Improvement Program process.

ENVIRONMENTAL REVIEW: This project is exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

ATTACHMENTS: None.

WEB LINK: Fremont.gov/CapeSlurry

RECOMMENDATION: Approval of the following actions related to the 2022 Cape and Slurry Seal Project (PWC 8195-U2):

2. Approve the plans and specifications for the project.

2.C
Packet Pg. 11
Fremont City Council Meeting: 04/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Property Acquisitions & Dispositions

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4581) DOC ID: 4581
Updated: 4/13/2022 2:00 PM by Alberto Quintanilla Page 1 PURCHASE OF FIRE APPARATUS - Authorize the City Manager to Utilize the HGACBuy Contract with Golden State Fire Apparatus to Purchase Two Type I Fire Engines and One Aerial Ladder Truck; Approve the Advance and Appropriation of Funds
Contact Persons:

Name: Corina Campbell Curtis Jacobson
Title: Business Manager Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 510-494-4200
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the City Manager or designee to use the terms of the HGACBuy contract with Golden State Fire Apparatus to purchase two Pierce Type I Fire Engines and one Pierce Aerial Ladder Truck in a total amount not to exceed $4,092,223, and to approve an advance from the General Fund and appropriation of funds in the Fire Capital Replacement Fund and the Fire Facilities Impact Fee Fund.

BACKGROUND: The replacement schedule for Fire Department apparatus has been established based on service life, reasonable maintenance costs, technology advancement and safe operations. Currently, Fire Department engines have a first-line service life of 15 years, however a vehicle may be replaced earlier or later if safety and maintenance so warrant.

There are currently two pieces of apparatus coming due for replacement. Both are Type I Fire Engines purchased in 2008 (City vehicles #29009 and #28021) which will meet their recommended service life in early 2024. Based on evaluation by Fleet Maintenance staff, the vehicles to be replaced are at an increased risk of mechanical breakdown.

Authorization to purchase replacement apparatus is being requested now because there is currently an estimated two-year construction process to build the fire engines, which means replacement apparatus ordered within the next month would not be available for service until mid-2024.

In addition to the two replacement fire engines, staff recommends that the City Council authorize the purchase of a new Aerial Ladder Truck to ensure adequate response capability as demands increase from the City’s expanding population, continued mid-rise and high-rise residential and commercial construction, and increasing traffic. The new truck would facilitate activation of a third truck fire company. The estimated construction process to build a ladder truck is between two and three years, so the new truck would not be available for service until at least late 2024.

The Fire Department has established a standardized fleet of fire apparatus. At the organizational level, apparatus with identical operating and performance features allow Fire Department senior staff to take a consistent operational approach to an incident regardless

2.D
Packet Pg. 12
Staff Report (ID # 4581) Meeting of April 19, 2022
Updated: 4/13/2022 2:00 PM by Alberto Quintanilla Page 2 of which company responds. At the company level, engines operated and outfitted with identical equipment provide firefighters with a familiar operating environment. Standardized training/outfitting based on a single equipment type also allows Fleet Maintenance Services to stock a smaller inventory of replacement parts and minimize maintenance costs. These benefits to the City, including both higher performance and lower cost, make compatibility with the existing fleet an overriding procurement consideration.

Since 1986 the Fire Department has purchased Pierce Fire Apparatus to outfit its fleet, including both engines and aerial ladder trucks. The recommended purchase of two Type I Pierce Fire Engines and one Pierce Aerial Ladder Truck meets the standardization requirement established by the Fire Department.

DISCUSSION/ANALYSIS:

Use of Another Agency’s Contract Terms
Pursuant to the City’s Purchasing Ordinance, Section 3.20.310(b), the City is authorized to “piggyback” and enter into a contract to buy equipment or services based on the terms of an existing contract between the contractor and another public agency without competitive bidding. To qualify, the terms of purchase in the City’s proposed contract must be materially the same as those of the existing contract, and the contract must have resulted from procurement methods similar to those required by the Purchasing Ordinance.

The Cooperative Purchasing Program (HGACBuy) of the Houston-Galveston Area Council of Governments is a national cooperative procurement program offering its member agencies access to publicly solicited contracts. As a member of HGACBuy, the City has the opportunity to realize cost savings by utilizing existing HGACBuy contracts.

Pursuant to a public solicitation in 2019, HGACBuy entered into a contract with Golden State Fire Apparatus (GSFA) for the purchase of fire apparatus, including Pierce engines and trucks. The solicitation method was similar to that required by the City’s Purchasing Ordinance and the terms of purchase in the recommended City contract with GSFA are materially the same as those of the GSFA contract with HGACBuy. As specified in the Purchasing Ordinance, the Finance Director and the City Manager have approved the proposed use of the HGACBuy contract with GSFA.

Staff recommends that the City purchase the two replacement Type I Fire Engines and one new Aerial Ladder Truck using the terms of the HGACBuy contract with GSFA as the City will receive a savings of $144,197 by using those terms. The City will receive an additional savings of $163,147 by prepaying the vendor, making the total savings $307,344.

Replacement Fire Engine Purchases and Advance and Appropriation of Funds GSFA has provided a quote for two Type I Fire Engines totaling $1,923,323 including sales tax. The cost also includes the cost of radios, in-cab communications systems, light bars, sirens and emergency response equipment. The quote reflects both the HGACBuy discount and the prepayment discount.

An appropriation in the Fire Capital Replacement Fund (Fund 615) for the purchase of the two replacement Type I Fire Engines was planned to be included in the FY 2022/23 Proposed Operating Budget, with the purchase order to be placed in FY 2022/23. However, the City has been notified by GSFA that Pierce Manufacturing Inc. will be implementing a

2.D
Packet Pg. 13
Staff Report (ID # 4581) Meeting of April 19, 2022
Updated: 4/13/2022 2:00 PM by Alberto Quintanilla Page 3 7% product price increase, effective May 1, 2022. The price increase is driven by cost increases Pierce is experiencing for both components and labor.

To avoid the additional cost associated with the price increase, approximately $135,000 for the two Fire Engines, staff recommends that the City Council approve an advance of $1,923,353 to the Fire Capital Replacement Fund from the General Fund and the appropriation of that amount in the current fiscal year for the purchases. The advance will be repaid at the beginning of FY 2022/23 when the Fire Capital Replacement Fund receives its annual allocation from the General Fund.

New Aerial Ladder Truck Purchase with Fire Facilities Impact Fees The City assesses development impact fees to defray all or a portion of the cost of additional public facilities and operating equipment needed to provide service as a result of new development activity. The fees assessed for Fire Department facilities are accumulated in the Fire Facilities Impact Fee Fund (Fund 544). Because it expands the City’s capacity to provide Fire Department services to meet the needs of new development, the purchase of a new Aerial Ladder Truck is an eligible use of fire facilities fees.

GSFA has provided a quote for one Aerial Ladder Truck totaling $2,168,870 including sales tax. The quote also includes the cost of radios, in-cab communications systems, light bars, sirens and emergency response equipment. The quote reflects both the HGACBuy discount and the prepayment discount. By placing its truck order in April rather than after the 7% price increase in May, the City will save approximately $150,000.

FISCAL IMPACT: As discussed above, to avoid the additional cost associated with the May 1, 2022 price increase, staff recommends that the City Council approve an advance of $1,923,353 from the General Fund to the Fire Capital Replacement Fund. The advance will be repaid at the beginning of FY 2022/23 when the Fire Capital Replacement Fund receives its annual allocation from the General Fund. Staff also recommends that the City Council appropriate $1,923,353 for that purchase in the Fire Capital Replacement Fund.

Because the recommended purchase of the new Aerial Ladder Truck will be funded from previously accumulated fire facilities impact fees, staff requests that the City Council appropriate $2,168,870 for that purchase in the Fire Facilities Impact Fee Fund. The current available balance in the Fire Facilities Impact Fee Fund is approximately $2.8 million.

The total price quote from GSFA includes an HGACBuy discount of $144,197 and a prepayment discount of $163,147. The sales/use tax for the purchase of the apparatus will be paid directly by the City to the State of California though a direct use tax payment upon delivery of the apparatus. This direct payment will benefit the City because the total amount of the City’s share of the sales tax will be allocated back to the City, rather than being shared with all Alameda County cities through the countywide sales tax pool.

ENVIRONMENTAL REVIEW: The actions recommended in this report are not projects subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as they are administrative activities of government.

ATTACHMENTS: None.

2.D
Packet Pg. 14
Staff Report (ID # 4581) Meeting of April 19, 2022
Updated: 4/13/2022 2:00 PM by Alberto Quintanilla Page 4 RECOMMENDATION:

3. Appropriate $1,923,353 in the Fire Capital Replacement Fund to purchase two Type I Fire Engines.

4. Appropriate $2,168,870 in the Fire Facilities Impact Fee Fund (Fund 544) to purchase one Aerial Ladder Truck.

2.D
Packet Pg. 15
Fremont City Council Meeting: 04/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Code Adoptions & Amendments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4587) DOC ID: 4587
Updated: 4/15/2022 11:57 AM by Alberto Quintanilla Page 1 MILITARY EQUIPMENT USE POLICY - Introduce and Waive First Reading of an Ordinance Adopting Chapter 8.80 Military Equipment Use and Approving a Military Equipment Use Policy
Contact Persons:

Name: Sean Washington Matthew Snelson
Title: Police Chief Police Captain
Div/Dept: Police Department Police Department
Phone: 510-790-6969 510-790-6874
E-Mail: [email protected] [email protected]

Executive Summary: Assembly Bill (AB) 481 requires the Fremont Police Department (FPD) to seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as “military equipment.” This report outlines staff’s work in complying with the new law and recommends the introduction of an ordinance endorsing FPD’s continuing utilization of this equipment and a policy authorizing the FPD to continue to use certain equipment.

BACKGROUND: On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the applicable governing body (City Council) for funding, acquiring, or using military equipment by an ordinance adopting a “military equipment” use policy. The item must be heard during a regular meeting held pursuant to open meeting laws prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 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.

Government Code section 7070 defines the term “military equipment” to not necessarily indicate equipment that has been used by the military or purchased from the federal government. Rather, the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. AB 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.

DISCUSSION/ANALYSIS: The City of Fremont Police Department (FPD) does not currently receive or utilize surplus military equipment, does not possess any equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Fremont Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. However, due to the broad definition of “military equipment” in AB 481, the Police Department is in possession of equipment that qualifies.

Therefore, in order for the Police Department to continue to use the equipment, the City Council must adopt an ordinance to authorize the military equipment use policy and approve the policy. The proposed ordinance and draft Military Equipment Policy including Exhibit 1

5.A
Packet Pg. 16
Staff Report (ID # 4587) Meeting of April 19, 2022
Updated: 4/15/2022 11:57 AM by Alberto Quintanilla Page 2 document the required review and approval guidelines and specifically describe each piece of department equipment as required by law.

Proposed Military Equipment Use Ordinance
To comply with AB 481, staff has developed an ordinance that would add Chapter 8.80 - Military Equipment Use to Fremont Municipal Code (FMC),. The new FMC chapter establishes the requirement that the Police Department obtain City Council approval of a Military Equipment Use Policy, prior to engaging in certain activities pertaining to Military Equipment. The proposed ordinance relies on the state law definition of Military Equipment.

The proposed ordinance also includes a section establishing the parameters for use of Military Equipment that is not included in the approved Military Equipment Use Policy in exigent circumstances. Given the inherently unpredictable nature of providing for public safety, it is critically important that FPD maintain the ability to acquire and utilize equipment that could prove essential to emergency operations, even if that equipment has not previously been included in the approved Military Equipment Use Policy. In exigent circumstances, it is not feasible to convene City Council meetings to seek advance approval for the use of equipment that is needed to carry out critical operations. Therefore, the proposed ordinance provides an exception for these emergency situations.

In addition, the proposed ordinance establishes the requirement that the Police Department provide the City Council with an Annual Military Equipment Report, and that this report be made publicly available on the Police Department’s public website. This provision also stipulates what information must be included in the Annual Military Equipment Report and establishes the requirement that the Police Department hold at least one well-publicized community engagement meeting to provide the public with the opportunity to discuss its contents. All of this is required pursuant to California Government Code Section 7072. The proposed ordinance meets all of the requirements of AB 481.

Military Equipment Use Policy

“Military equipment” is defined in California Government Code section 7070 and includes items used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety and officer safety. Loss of these items would jeopardize the welfare of the community and police officers.

AB 481 requires any proposed or final Military Equipment Use Policy to be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use. On March 18, 2022, FPD posted the draft Military Equipment Policy (708) prominently on the department’s public website, including “Exhibit 1,” which lists qualifying equipment owned/utilized by FPD. This information includes the equipment’s capabilities, its purpose/authorized uses, the legal/procedural rules governing its use, and the training required of staff prior to its use.

In order to approve the policy, the ordinance and AB 481 require the City Council to find that the military equipment listed in the policy is necessary because there is no reasonable alternative that can achieve the same objective of community and officer safety and that the proposed military equipment use policy will safeguard the public’s welfare, safety, civil

5.A
Packet Pg. 17
Staff Report (ID # 4587) Meeting of April 19, 2022
Updated: 4/15/2022 11:57 AM by Alberto Quintanilla Page 3 rights, and civil liberties. All of the equipment listed in the proposed policy was designed to enhance law enforcement’s ability to ensure public safety and welfare and was not obtained from the military or designed for military use. The equipment has been in use by FPD prior to the enactment of AB 481. The proposed policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place for the use of the listed equipment. Members of the public are provided direction per the policy on how to register complaints for violations. All items which result in a use of force will be investigated, as is already required by existing FPD policy.

Based on ongoing equipment evaluation and deployment history, Fremont Police Department has not discovered alternative items that can achieve the same objectives of community and officer safety. Below is information pertaining to items Fremont Police has acquired, utilized and assessed as being necessary to achieve and support public safety objectives.

Government Code § 7070(c)(1)- Unmanned remotely piloted powered aerial or ground vehicles:

Unmanned aerial systems (UAS) are necessary as they provide visibility to high-risk locations. Without the use of a UAS, police officers would have limited overhead observation of high-risk areas, decreased effectiveness of detecting missing persons, reduced visual assistance during rescue operations and be unable to assess suspicious / dangerous objects from a safe distance. In addition to crime and rescue operations, UAS equipment is utilized to memorialize and document crimes scenes and locations of traffic accidents. The UAS system can enter small spaces, such as enclosed structures, as well as provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas and other crowded spaces. Without this equipment safety risks to the public and law enforcement personnel would increase in the circumstances described. Therefore, we have found no reasonable alternatives which would allow the police department to achieve public safety objectives.

Unmanned remotely controlled ground vehicle (robots) are used to gather images and/or video during high-risk operations and critical incidents. The equipment provides visibility in areas where it would be unsafe to send a police officer. This system can also be used to observe potentially hazardous items, such as explosive devices or suspicious chemicals. Not having access to this item would require the use of police officers or other emergency responders to engage in high-risk tasks and would potentially lengthen the mitigation process during dangerous operations. There is no known alternative to this system.

Government Code § 7070(c)(2) and (3) – Armored personnel carriers:

The FPD utilizes two armored vehicles. The armored vehicles are built on commercial truck chassis and have an armored body/shell. Our armored vehicles are equipped with an attachment which allows breaching of structures to conduct rescue operations or apprehend persons who are violent and pose a significant risk to the community and officers. Armored vehicles are used to provide ballistic protection to officers and members of our community during rescue operations, critical incidents and other hazardous situations. These vehicles allow officers closer access to high-risk situations (gun violence, dangerous objects, etc.) while substantially reducing the physical risk to community members and officers. As such, there are no reasonable alternatives to providing the same level of ballistic protection to community members or police officers during incidents involving gun violence.

5.A
Packet Pg. 18
Staff Report (ID # 4587) Meeting of April 19, 2022
Updated: 4/15/2022 11:57 AM by Alberto Quintanilla Page 4

Government Code § 7070(c)(5) – Command and control vehicles:

The Mobile Command Vehicle (MCV) is a vehicle similar to a commercial recreational vehicle (RV). It is equipped with emergency dispatching communication, monitors and command systems to assist in command and control of a critical incident. This vehicle allows for mobile incident command and use of the Incident Command Systems facilitating the best possible on scene decision-making by key leaders. It provides operational, administrative and logistical support as well as restroom facilities and mobile generated power. A critical function of the MCV is to serve as an emergency backup dispatching system in case there is a failure in our main system within the police building. As a result, to the criticality of continuity of emergency calls for service, there is no known alternative for the MCV as this vehicle directly supports public safety efforts during critical incidents.

The Hostage Negotiations Team Van (HNT Van) is a standard Ford Transit (350) van equipped with audio/visual devices intended to communicate with violent and dangerous persons who are not complying with a lawful order to surrender to arrest. The vehicle is utilized to aid the command and control element in facilitating the safe surrender of subjects who refuse to submit to arrest. This vehicle’s link to the MCV makes it necessary for public safety objectives and no known alternative has been identified.

Government Code § 7070(c)(7) - Breaching apparatuses and slugs:

Our department utilizes breaching shotguns used to defeat locked, barricaded, or fortified locations allowing officers to conduct rescue operations or high-risk forceable entries necessary to apprehend a suspect unwilling to submit to a lawful arrest. The equipment is also used during rescue operations to defeat locked doors and swiftly render aid to those in need of immediate medical attention. These items allow police officers rapid entry into a structure when a delay in time could result in severe injury or loss of life to members of our community and/or law enforcement personnel. Examples include active shooter situations, hostage/kidnapping incidents, downed persons inside of the dwelling or high-risk arrest operations. In such situations, time is of the essence and it would not be feasible to wait for alternatives access options to become available. Handheld battering rams and lock picks can be alternatives in non-fortified, lower level, low risk situations. When rapid entry is necessary to save lives or prevent injury, the breaching shotgun is necessary. As such there is no reasonable alternative to these items.

Government Code § 7070(c)(10) – Specialized firearms and ammunition:

Patrol rifles, Special Response Team (SRT) rifles, and sniper rifles enable officers, when in compliance with the FPD’s De-escalation and Use of Force Policy, to address medium to long distance violent and dangerous threats. This may include persons who are heavily armed or are actively harming or killing others. Further, this equipment allows officers precision shot placement, minimizing the risk to members of our community and officers. There are no known alternatives to these types of weapons, which offer a similar level of effectiveness to prevent harm or loss of life.

Government Code § 7070(c)(12) – Flashbangs, tear gas, pepper balls:

Flashbangs are used as a distraction device in order to divert the suspect’s attention away from officers during high-risk arrest or rescue operations. The distraction enables officers to gain safer access and provide extra time to assess and analyze existing threats. The intent of utilizing this device is to prevent injury to community members, officers and suspects.

The intended outcome is to achieve a safe resolution and enable officers to conduct high

5.A
Packet Pg. 19
Staff Report (ID # 4587) Meeting of April 19, 2022
Updated: 4/15/2022 11:57 AM by Alberto Quintanilla Page 5 risk and dangerous arrest operations, utilizing minimal force. FPD has utilized these devices successfully in the past and are unaware of reasonable alternative that will achieve the same objectives.

Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a violent, dangerous or uncooperative/resisting suspect from a fixed location or safely detain a suspect who poses a risk to our community or police officers. Tear gas allows officers to deploy a chemical agent (irritant) into a structure where the use of other tools may be impractical or inappropriate. These tools afford law enforcement an added option to help avoid officers resorting to using a higher level of force to affect an arrest. Based on ongoing reevaluation of these tools and experience, we have found no reasonable alternative.

Government Code § 7070(c)(14) – 40mm projectile launchers:

The use of 40mm projectile launches is necessary to offer another alternative to lethal force. The projectile, made from a material similar to foam, is less likely to result in death or serious physical injury when used on a suspect who is violently resisting or refusing to comply with a lawful order to surrender to arrest. The kinetic energy of the device is intended to be utilized in accordance with department policy and only used when no other alternative is appropriate. As another less lethal tool, this equipment is necessary, and no reasonable alternative identified based on ongoing assessment and experience.

FISCAL IMPACT: No significant fiscal impacts are anticipated other than additional staff time to prepare and present future items in compliance with AB 481.

ENVIRONMENTAL REVIEW: The Military Equipment Use Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Military Equipment Use Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply, and no further environmental review is necessary.

ATTACHMENTS:
• FINAL DRAFT Military_Equipment
• Exhibit 1 for AB481 Policy
• Ordinance re Military Equipment Use Policy

RECOMMENDATION:

1. Waive full reading and introduce an ordinance adding Chapter 8.80 (Military Equipment Use) to the Fremont Municipal Code (Title 8 - Health and Safety) as attached;

5.A
Packet Pg. 20
Staff Report (ID # 4587) Meeting of April 19, 2022
Updated: 4/15/2022 11:57 AM by Alberto Quintanilla Page 6

3. Approve the attached Military Equipment Use Policy, including Exhibit 1.

5.A
Packet Pg. 21
Policy
708
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Exigent Circumstances - a good faith belief by the Police Chief or designee that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

Military Equipment – a variety of items defined by California Government Code section 7070(c).

Type – each item that shares the same manufacturer model number. 708.2 POLICY
It is the policy of the Fremont Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. It is the policy of the Fremont Police Department that members of this department comply with the provisions of Government Code § 7071 and Fremont Municipal Code Chapter 8.80 with respect to military equipment. California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Policy includes information for any such equipment types that are utilized by the Fremont Police Department.

Items deemed to be "military equipment" by Government Code § 7070 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Fremont Police Department. The term "military equipment", as used in Government Code § 7070, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper- ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and distraction devices.

The Fremont Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Fremont Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from

5.A.a
Packet Pg. 22
Attachment: FINAL DRAFT Military_Equipment (4587 : MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 2 the Federal government. It is the policy of the Fremont Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying currently utilized department equipment that qualifies as military equipment, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory or audit of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fremont Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
(a) Publicizing the agenda of the meeting.
(b) Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(h) Ensuring this policy is publicly available on the Department's website. 708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment that is utilized bythe Department:
• Unmanned Aircraft Systems (UAS/Drones)
• City of Fremont Mobile Command Vehicle (MCV)
• Lenco BearCat G2
• Lenco BearCat/MedEvac
• Ford Transit – 350 Crew
• Icor Caliber T5 Robot
• Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip

5.A.a
Packet Pg. 23
Attachment: FINAL DRAFT Military_Equipment (4587 : MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 3 • Deftech LMT 40 mm kinetic energy projectiles with 40 mm projectiles • Tippmann FTC Pepper-ball launchers
• Remington Breaching Shotgun (Model 870, 12 Gauge)
• Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out rifle and ammunition • Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5/56 caliber 11" barrel,
• Rock River Arms, LAR -15
• Pepper-ball VKS Launcher
• Defense Technologies CS Gas systems
• Defense Technologies flashbang systems
Exhibit 1 to this policy further describes the qualifying equipment that is utilized by the Fremont Police Department, along with additional information about the qualifying equipment. 708.5 APPROVAL
The City Council has approval by way of an ordinance adopting this policy. As part of the approval process, the Chief of Police submitted this policy to the City Council and made this policy available on the department website at least 30 days prior to the public meeting by the City Council concerning the military equipment at issue (Government Code § 7071). The military equipment policy was approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a; (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department; (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council;
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment; and
(g) Acquiring military equipment through any means not provided above.

In approving this policy, the City Council determined the following:
(a) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

5.A.a
Packet Pg. 24
Attachment: FINAL DRAFT Military_Equipment (4587 : MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 4 (b) The Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy and FMC Chapter 8.80.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with the policy and FMC Chapter 8.80. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment policies when rendering assistance.
708.7 TRAINING
An officer or employee must complete training requirements set by the department prior to deploying or using military equipment listed in this policy and Exhibit 1 to this policy. 708.8 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.

In accordance with this section, if the department acquires, borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. • Provide written notice of the acquisition or use to the City Council within 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. • If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90 days following the borrowing, acquisition and / or use, and receive approval for continued use.
• Include the equipment in the department's next annual military equipment report. 708.9 ANNUAL REPORT
The Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved annually for as long as the military equipment is available for use (Government Code § 7072).The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

5.A.a
Packet Pg. 25
Attachment: FINAL DRAFT Military_Equipment (4587 : MILITARY EQUIPMENT USE POLICY) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/04, All Rights Reserved.

Published with permission by Fremont Police Department ***DRAFT*** Military Equipment - 5

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. 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 thecalendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. 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 Fremont City Council will use the Annual Report as a mechanism to ensure the Fremont Police Department's compliance with this Military Equipment Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Policy for the subsequent year.

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.10 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
708.11 PUBLIC COMPLAINTS
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: 510-790-6900
(c) Via mail sent to: Fremont Police Department, 2000 Stevenson Blvd, Fremont, CA 94538
The Fremont Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

5.A.a
Packet Pg. 26
Attachment: FINAL DRAFT Military_Equipment (4587 : MILITARY EQUIPMENT USE POLICY)

Qualifying Equipment Owned/Utilized by the Fremont Police Department Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 17 Lifespan: 5 years
Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal, and optical zoom lenses.

Manufacture Product Description:

DJI Phantom 4 Pro: The Phantom 4 Pro’s camera shoots 4K/60fps at a bitrate of 100Mbps and stills up to 20-megapixels. The Flight Autonomy system adds dual rear vision sensors and two Time of Flight range imaging cameras for a total of 5 directions of obstacle sensing with a range of up to 30m in all directions. The Lightbridge HD video transmission system offers an extended maximum transmission range of 4.3mi (7km) with the ability to switch between 2.4GHz and 5.8GHz. The aircraft’s Intelligent Flight Battery also have increased capacity by 520mAh to enable an extended flight time of 30 minutes.

DJI Mavic 2 Enterprise: The Mavic 2 Enterprise Dual features a 24mm camera with a 1/2.3" 12MP sensor and FLIR thermal imaging sensor. The cameras can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data. The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. The Mavic 2 Enterprise Dual also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

DJI Mavic 2 Zoom: The Mavic 2 Zoom features a 24-48mm 2x optical zoom camera with 1/2.3" 12MP sensor and a 4x lossless zoom (including 2x optical zoom). The Mavic 2 Zoom utilizes a low-drag aerodynamic body design for achieving speeds up to 44.7 mph, a four-cell LiPo battery for up to 31 minutes of flight time, and low-noise propellers for filming without being distracting. The Mavic 2 Zoom also supports OcuSync 2.0 video transmission system. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing.

DJI Mavic Mini: The Mavic Mini from DJI is a compact drone weighing in at under 9 oz. The Mavic Mini has 3-axis gimbal and sophisticated flight modes that can achieve up to 12MP images, 2.7K Quad HD videos, and complex cinematic shots with access to the DJI Fly app. The Mini drone features up to 30 minutes of flight time on a full battery charge.

DJI Mavic Enterprise 2 Advanced: The Mavic 2 Enterprise Advanced features a 35 mm format camera with a 48 MP visual camera and high resolution 640 x 512 Thermal Resolution. The cameras can capture up to UHD 4K resolution video at 30 fps, or thermal imaging images and temperature data.

The Mavic 2 Enterprise can achieve speeds of up to 44.7 mph, and the four-cell LiPo battery provides up to 31 minutes of flight time. Additionally, there are three modular accessories to include a spotlight, speaker, and beacon. The Mavic 2 Enterprise also has omnidirectional obstacle sensing. 1 5.A.b
Packet Pg. 27
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Purpose/Authorized Uses: Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Fiscal Impacts: Costs associated with replacement/repair of equipment ~ $5,000; the price of the UAV is based upon each specific model. The most expensive UAV is the Matrice with a $5500 price for the UAV and $10000 for the camera attachments. The allotted annual fiscal budget is $50000 which includes software, UAVs, Training budget, and built in overtime budget.

Legal/Procedural Rules Governing Use: The use of the UAV is in accordance with Fremont Police Department Lexipol Policy 614 and Federal Aviation Administration (FAA) Regulations.

Training Required: Basic in-house training course of 16 hours, bi-annual training for 8 hours, mandatory 1 hour of flight time per month to stay current for proficiencies.

Other: UAVs consistently improve and advance from year to year. There may be times when equipment becomes available that are imperative for successfully operating the fleet while old technology becomes obsolete.
2 5.A.b
Packet Pg. 28
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: City of Fremont- Mobile Command Vehicle (MCV) CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle provides mobile, remote access to radio, internet planning and operational resources to assist with the command and control of major incidents and other planned operations. The vehicle also has the capability to dispatch officers and firefighters, as well as receive 9-1-1 calls.

Manufacture Product Description: The City of Fremont- Mobile Command Vehicle was built in conjunction with the Fremont Fire and Fremont Police Departments as a unified command vehicle but can also alternate between fire specific and police specific missions. The vehicle was custom built by Pierce Manufacturing in Appleton Wisconsin in 2013. The vehicle has a fire truck chassis.

Purpose/Authorized Uses: The MCV can be deployed for any fire and/or police incidents which it would be deemed beneficial to do so.

Fiscal Impacts: The initial costs of the MCV was approximately $1.2 million which was subsidized by UASI (Urban Areas Security Initiatives)- US Department of Homeland Security grants. The annual upkeep for the vehicle is approximately $5000.

Legal/Procedural Rules Governing Use: Fremont Police Department Lexipol policy 802.8.1 allows the use of the MCV as means of restoring 9-1-1 call processing. A Class B license is required to drive the vehicle.

Training Required: A Class B license is required to drive the vehicle. There are 2 Special Response Team (SRT) members who are assigned to the vehicle during operations to facilitate its operation.

Other: The MCV is not a tactical vehicle but rather a multi-purpose vehicle to help facilitate command and control during field incidents by both the Fremont Fire Department as well as the Fremont Police Department by providing intelligence assets. The vehicle does not have any armor nor is it deployed in such a manner as it to be used in such a way. The vehicle is to be deployed at the periphery of a tactical incident if one such arises.
3 5.A.b
Packet Pg. 29
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Lenco BearCat G2-CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: ~15 years
Equipment Capabilities: The vehicle is equipped with emergency lights/sires, rotating roof hatch, electric winches, running boards, protection against chemical agents, back-up camera, battering ram attachment, CS (tear gas) deployment nozzle, Thermographic cameras, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a 0.50 caliber bullet.

Manufacture Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose/Authorized Uses: The Bearcat is primarily used for Special Weapons and Tactics Team (SWAT) incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts and any other applications deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.

Fiscal Impacts: The cost of the Bearcat was approximately $323,726, which was purchased through a UASI (Urban Areas Security Initiative)- US Department of Homeland Security grant.

Legal/Procedural Rules Governing Use: The use of the Lenco bearcat G2 is governed by Fremont Police Department Lexipol Policy 704
Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use. Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise.

Only FPD personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat or MedEvac, unless a delayed deployment of an ARV would result in serious bodily injury or death.

The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained.

Other: The vehicle is designed to meet the tactical needs of law enforcement agencies tasked with responding to acts of violence and/or terrorism. The purpose is to enhance law enforcement’s ability to serve and protect the community.
4 5.A.b
Packet Pg. 30
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Lenco BearCat/MedEvac- CA Gov’t Code § 7070 (c)(3) Quantity Owned/Sought: 1 Lifespan: 15 years
Equipment Capabilities: The BearCat/MedEvac is also referred to as the MedCat . The vehicle is equipped with two medical litters, oxygen tanks, a lighted work station, and compartments for medical supplies and gear storage. The vehicle has 0.5 to 1.5” steel and bullet resistant windows.

There is also a nozzle with a water connector in case it is needed for fire suppression.

Manufacture Product Description: The Lenco BearCat Medevac, also known as the MedCat, was designed to meet the combined requirements of SWAT & Tactical EMS Teams. This BearCat model can be used as an armored Response & Rescue SWAT truck for dangerous call-outs and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases.

The Law Enforcement variant of the MedCat comes standard with (2) tactical litters secured to extended bench seating. There are on-board Oxygen tanks with a lighted work station, a radio compartment work station and ample interior compartments for medical supplies & gear storage.

Purpose/Authorized Uses: The MedEvac is primarily used by the Tactical Emergency Medicine (TEMS) component of the Special Weapons and Tactics Team (SWAT) to provide emergency medical staff, equipment, and other rescue capabilities during high-risk operations. The MedEvac may also be utilized in a manner consistent with authorized use of the Bearcat. The MedEvac may be used in other situations deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police.

The purpose and intent of the acquisition and deployment of this vehicle is to enhance and sustain regional preparedness for first responders in major urban areas by allowing for delivery of emergency medical services into on-going hazardous situations. This will allow law enforcement, fire service staff, and medical personnel the ability to safely enter unsecured and unstable areas (warm or hot zone).

This vehicle will assist with providing immediate medical assistance, enhancing the ability of first responders to rescue persons in need and help protect first responders at the scene of an emergency situation.

Fiscal Impacts: The MedEvac is a Bay Area regional asset and was acquired through a joint cooperative effort between the Fremont Police Department and the San Leandro Police Department with financial assistance from Cal OES Governor’s Office of Emergency Services (Homeland Security Grant Program). The approximate price is $300,000.

Legal/Procedural Rules Governing Use: The use of the MedEvac is governed by Fremont Police Department Lexipol Policy 704.

Training Required: Officers are to be trained in the operation of the Bearcat and MedEvac prior to use. Training requirements will be set by the SWAT Commander in cooperation with the Emergency Vehicle Operations (EVOC) Training Manager. Training will include knowledge of this policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. 5 5.A.b
Packet Pg. 31
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained.

Other: The City of Fremont Police Department shares responsibility for the MedEvac with the City of San Leandro Police Department. A Memorandum of Understanding (MOU) has been established between the two agencies. The MOU outlines deployment responsibilities, ongoing maintenance and repair obligations, notification procedures and conflict resolution options. Both agencies jointly and separately agreed to abide by the terms and provisions of the MOU and respective department policies during the existence of the MOU. The MedEvac is by default, housed at the San Leandro Police Department.
6 5.A.b
Packet Pg. 32
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Ford Transit-350 Crew - CA Gov’t Code § 7070 (c)(5) Quantity Owned/Sought: 1 Lifespan: 5 – 10 years
Equipment Capabilities: The Ford Van has storage space for the Hostage Negotiations Team (HNT) including battery storage and the throw phone. There is a large battery and a power inverter to assist with maintaining electronic equipment pertinent to establishing and maintaining communications with tactical operations and/or tactical negotiations.

Manufacture Product Description: There are no manufacture product description as this was a unique vehicle made specifically for HNT on a Ford Transit 350 chassis.

Purpose/Authorized Uses: The HNT vehicle can be deployed for any or police incidents which it would be deemed beneficial to do so.

Fiscal Impacts: Approximately $50,000
Legal/Procedural Rules Governing Use: The use of the vehicle is reserved for HNT personnel (governed by Fremont Police Department Lexipol Policy 407.8) as well as the department fleet guidelines (Lexipol Policy 705).

Training Required: The training for this vehicle is governed by Lexipol Policy 407.8.2.

Other: Not Applicable
7 5.A.b
Packet Pg. 33
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Icor Caliber T5 Robot- CA Gov’t Code § 7070 (c)(1) Quantity Owned/Sought: 1 Lifespan: 10 years
Equipment Capabilities: Command and Control Unit (CCU) with multi-function control and variable- speed joystick, Two-way communication (talk/listen), lifts up to 45 lbs (20kg) arm retracted and 18 (8kg) arm extended, 360 degree rotating robotic claw with color charge-coupled device camera on telescoping arm, 36x optical zoom pan-tilt-zoom color camera.

Manufacture Product Description: The Icor Caliber T5 Robot is a medium-sized robot designed for remote handling and Render Safe Procedures of IEDDs and other explosive ordnances, reconnaissance missions, two-way communication and deliver/retrieval tasks.

The T5 is uniquely equipped with two robotic arms (a heavy-duty robotic claw and twin-disruptor turret).

Purpose/Authorized Uses: Used to assist Fremont Police Department SRT Operators with inspecting suspicious packages thus rendering them safe, clearing residences and/or businesses during tactical operations, assisting officers and the community by clearing potentially dangerous building during tactical situations.

Fiscal Impacts: Initial purchase of $67000
Legal/Procedural Rules Governing Use: The use of the robot is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: One-day course in Robot Operation and Maintenance as well as access to a virtual training portal.

Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
8 5.A.b
Packet Pg. 34
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip (model: 8902NR)- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 75+ Lifespan: 5 years
Equipment Capabilities: The use of this device is to create a diversion during critical incidents. The device exploded with a loud bang and emits a bright light made to disorient the suspect(s).

Manufacture Product Description: The Tactical Diversionary Device utilizes a M201A1 type fuse with a single use aluminum body. This compact unit is designed around a 6.5-gram water resistant charge, capable of producing an effective, yet reduced 162dB stimuli. Its size and shape are industry familiar and allow it to fit in standard tactical pouches. The device should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate area for deployment be visually affirmed to be clear of personnel and that the device is delivered so that the ports are free from obstruction. If the bottom ports are obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5 - 6 feet around which the device is expected to come to rest.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient suspects.

Fiscal Impacts: $51 each
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
9 5.A.b
Packet Pg. 35
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Deftech LMT 40 mm kinetic energy projectiles with 40mm projectiles- CA Gov’t Code § 7070 (c)(14)
Quantity Owned/Sought: 110 Lifespan: 10 years
Equipment Capabilities: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation.

Department approved kinetic energy projectiles are fired from 40 mm launchers.

Manufacture Product Description: The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose/Authorized Uses: A sworn peace officer may utilize the Kinetic Energy Projectile in the discharge of his/her duties when other options have been exhausted, are ineffective, or are inappropriate during attempts to control or subdue combative or violent individuals and the use of deadly force can be forestalled.

The Kinetic Energy Projectile shall be used with discretion and care in circumstances which permit the lawful use of lethal or less lethal force.

Fiscal Impacts: $809.75 per 40mm launcher and $18.35 per 40mm projectile Legal/Procedural Rules Governing Use: The use of 40mm kinetic energy projectile is governed by Fremont Police Department Lexipol Policy 305.9.

Training Required: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary.

Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.

All training and proficiency for control devices will be documented in the officer's training file.

Other: The SWAT Unit vehicles, each patrol supervisor's vehicle, and most patrol vehicles are equipped with a launcher for delivery of the Kinetic Energy Projectile. The Kinetic Energy Projectile will only be used by a supervisor or officer who has been trained in the use of the appropriate delivery system.
10 5.A.b
Packet Pg. 36
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Tippmann FTC Pepper ball launchers- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 14 Lifespan: 10 years
Equipment Capabilities: The pepper ball launcher is semi-automatic, firing rate of 10-12 RPS, 13 Cubic inch high pressure air system using CO2. The launcher deploys a hard-plastic frangible sphere that is designed to burst upon impact.

Manufacture Product Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

The effective operational distance for departmentally-approved pepper projectiles is from 5 feet to 120 feet. In an effort to lower the probability of serious bodily injury or death to the suspect, any discharge of less than 10 feet should be intentionally aimed at the arms or legs only.

Fiscal Impacts: $394.44 per launcher
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.7.2.

Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.10 which states: The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. a. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor.
b. All training and proficiency for control devices will be documented in the officer's training file. c. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device.

Other: Not Applicable
11 5.A.b
Packet Pg. 37
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Remington Breaching Shotgun (Model 870, 12 Gauge)- - CA Gov’t Code § 7070 (c)(8)
Quantity Owned/Sought: 25 Lifespan: 15-20 years
Equipment Capabilities: To quickly force entry through locked and/or barricaded doors, the Department authorizes the use of the breaching shotgun. The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry. Although the breaching shotgun is a firearm, it has been modified for breaching purposes. Additionally, the selected ammunition is frangible and designed to defeat door locks and hinges.

Manufacture Product Description: From Remington Arms: Starting with a receiver machined from an 81/2-pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation.

Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time.

Purpose/Authorized Uses: When a decision has been made to conduct an emergency entry, the breaching shotgun may only be used when it appears reasonably necessary to prevent death or great bodily injury. Officers are also required to obtain the approval of a supervisor unless the circumstances make it impractical to obtain authorization and/or delayed response would jeopardize the safety of citizens, officers or suspect(s).

Fiscal Impacts: $500 each
Legal/Procedural Rules Governing Use: The use of the breaching shotgun is governed by Fremont Police Department Lexipol Policy 301.

Training Required: The training for the use of the breaching shotgun is governed by Fremont Police Department Lexipol Policy 301.2.2 which states: Only officers trained and having shown adequate proficiency in the use of the breaching shotgun and the Use of Force policy are authorized to carry the device. Training for the breaching shotgun shall occur annually. All training and proficiency for the breaching shotgun will be documented in the officer's training record. Officers failing to demonstrate proficiency with the weapon or knowledge of the Use of Force policy will be provided remedial training.

Other: Breaching shotguns will be stored in the locked trunks or locked storage cabinets of all patrol supervisor and School Resource Officer vehicles. They may be stored in the same case as the less- lethal weapons; however, the breaching shotgun shall be placed under the less-lethal weapons and be separated by a partition which must be specifically removed in order to retrieve the breaching shotgun.
12 5.A.b
Packet Pg. 38
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out Rifle and Ammunition- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Virtus Rifle is a semi-automatic rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.

Manufacture Product Description: The SIG MCX is a magazine fed, gas operated rifle available in

5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.

Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
a. Situations where the officer reasonably anticipates an armed encounter. b. When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
c. Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry.
d. When an officer reasonably believes that there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage. e. When an officer reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.

Fiscal Impacts: $1720 per rifle
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Fremont Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other: These specific rifles are assigned to Fremont Police Department Detectives 13 5.A.b
Packet Pg. 39
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch- CA Gov’t Code § 7070 (c)(10)
Quantity Owned/Sought: 27 Lifespan: 10 years
Equipment Capabilities: The Sig Sauer MCX Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5.56 caliber 11" barrel, with an optional Sig Sauer 7.62 titanium suppressor and "safe/semi" selector switch rifle and has an interchangeable caliber assembly allowing it to fire 223/556/300 blackout caliber projectiles.

Manufacture Product Description: The SIG MCX is a magazine fed, gas operated rifle available in

5.56x45mm NATO, and 7.62x35mm (.300 AAC Blackout), and 7.62 x 39mm calibers. The SIG MCX fires from a rotating locking closed bolt.

Other: These specific rifles are assigned to Fremont Police Department- Special Response Team. 14 5.A.b
Packet Pg. 40
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Rock River Arms, LAR-15- CA Gov’t Code § 7070 (c)(10) Quantity Owned/Sought: 11 Lifespan: 10 years
Equipment Capabilities: The Rock River Arms, LAR-15 , is a .223 caliber, 10.5" barrel rifle with a "safe/semi" selector switch.

Manufacture Product Description: The Rock River Rams is a magazine fed, gas operated rifle available in .223 Caliber.

Other: These specific rifles are assigned to Fremont Police Department- Detectives. 15 5.A.b
Packet Pg. 41
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: PepperBall VKS launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 6 Lifespan: 10 years
Equipment Capabilities: The VKS Pepper Ball launder is semi-automatic and has 10-15 pepper balls at a time in one magazine. Utilizing a Variable Kinetic System (VKS) and compressed air, it can launch non-lethal Pepper Ball projectiles up to 66 feet with regular rounds and up to 150 feet away with the VXR long distance projectiles. Upon impact the exploding ball release a 12-foot cloud of pepper spray irritant.

Manufacture Product Description: The VKS™ Launcher is strongest non-lethal consumer device available from PepperBall. It requires no license to own and shoots powerful pepper irritant projectiles. With the same look, feel and fire control system as an AR-15/M-4 carbine, when used with VXR projectiles (not included) it has an effective accurate distance of up to 150 feet.

Purpose/Authorized Uses: Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine, or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Fiscal Impacts: $1299.00 per unit
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Lexipol Policy 305.7.2.

Other: Not Applicable
16 5.A.b
Packet Pg. 42
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Defense Technologies CS Gas systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:

Pocket Tactical CS (part #1016)- 23
Spede Heat CS (part #1072)- 20
40mm Ferret Round CS (part #2262)- 50
Tri-chamber flameless CS (part #1032)- 20
Triple Chaser CS (part #1026)- 44
Han-ball CS (part #1092)- 8
75 yard 40mm Spede heat (part #6282)- 4
Lifespan: 10 years
Equipment Capabilities: The use of OC/CS gas causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin.

Manufacture Product Description:

The Pocket Tactical CS Grenade: small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches.

This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical grenade.

The Spede-Heat™ CS Grenade: a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately

2.9 oz. of active agent.

The Ferret® 40mm Round: non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood.

Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

Tri-Chamber Flameless CS Grenade: allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or 17 5.A.b
Packet Pg. 43
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.

The Triple-Chaser® CS: consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

The Han-Ball™ CS Grenade: an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an over all size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter. This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.

The Spede-Heat™ 40mm Short Range CS Round: incorporates an aluminum shell and utilizes black powder as the propellant. The Spede-Heat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone.

The Spede-Heat™ 40mm Short Range CS Round is most widely used as a crowd management tool by Law Enforcement and Corrections for the rapid deployment of chemical agent from a 40mm launcher.

Purpose/Authorized Uses: Utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with the dispersal of violent crowds and/or arrest of suspects.

Fiscal Impacts: approximately $7500
Legal/Procedural Rules Governing Use: The use of this equipment is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
18 5.A.b
Packet Pg. 44
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY)

Equipment Name: Defense Technologies flashbang systems- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought:
100 Meter 40mm Aerial Flashbang- 24
75 Meter 40mm Aerial Flashbang- 6
Lifespan: 10 years
Equipment Capabilities: The use of this device is to create a diversion during critical incidents. The device exploded with a loud bang and emits a bright light made to disorient the suspect(s). These particular variants can be deployed from a 40mm launcher.

Manufacture Product Description: The 40 mm Warning/Signaling Muniton will produce 170 dB of sound and 5 million candelas of light. This munition has an operational range of 100 and 75 meters.

Launched from a 40 mm platform, this munition gives the operator the ability to engage people, vehicles or vessels from a safe stand-off position. In open waters, the flash and sound are easily observable at great distances.

Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient and illuminate suspects.

Fiscal Impacts: approximately $700
Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Fremont Police Department Lexipol Policy 407.7.2(b).

Training Required: specialized training as deemed by the SRT Commander Other: Recognizing that the missions of the SRT are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SRT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SRT operation. The SRT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment.
19 5.A.b
Packet Pg. 45
Attachment: Exhibit 1 for AB481 Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 1 of 7

DRAFT
ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY OF FREMONT ADDING FREMONT
MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY, CHAPTER 8.80

MILITARY EQUIPMENT USE
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, the term “military equipment” is defined in California Government Code section 7070 and includes items used as a component of overall best practices for law enforcement agencies throughout the country; and
WHEREAS, these tools have been tested in the field and are used by law enforcement agencies to enhance citizen safety, officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Fremont Police Department; and WHEREAS, the term “military equipment”, as used in Government Code section 7070, does not necessarily indicate equipment that has been used by the military and the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs; and
WHEREAS, AB 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; and
WHEREAS, the City of Fremont Police Department is in possession of equipment that qualifies as “military equipment” under AB 481, but does not currently receive or utilize surplus military equipment, does not possess any equipment that it has obtained from the military, does not possess any equipment that was designed for military use, nor does it participate in the Law Enforcement Support Officer (LESO) 10-33 program; and
WHEREAS, the City Council of the City of Fremont, having received the information required under AB 481 regarding the Fremont Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve a Military Equipment Use Policy.

5.A.c
Packet Pg. 46
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 2 of 7

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. FMC CHAPTER 8.80 ADDED
Chapter 8.80 (Military Equipment Use) of Fremont Municipal Code Title 8 (Health and Safety), is added to read as follows:

Section 8.80.010 Title.

This Ordinance shall be known as the Military Equipment Use Ordinance.

Section 8.80.020 Definitions

(a) "Exigent Circumstances" means the good faith belief of the Police Chief or their designee that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

(b) “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Fremont Police Department.

(d) “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:

(1) A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
(2) The purposes and authorized uses for which the Police Department proposes to use each type of Military Equipment.
(3) The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Police Department is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
(6) The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

5.A.c
Packet Pg. 47
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 3 of 7

(7) The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the Police Department will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "Type" means each item that shares the same manufacturer model number.

Section 8.80.030 Military Equipment Use Policy Requirement (a) The Fremont Police Department shall obtain City Council approval of a Military Equipment Use Policy in accordance with Government Code Section 7071 at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Government Code Section 54950 et. seq.) prior to engaging in any of the following:

(1) Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Fremont. (5) Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the City of Fremont City Council pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
(7) Acquiring Military Equipment through any means not provided by this section.

(b) In seeking the approval of City Council, the Fremont Police Department shall submit a proposed Military Equipment Use Policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

(c) The City Council shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

(1) The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

5.A.c
Packet Pg. 48
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 4 of 7

(2) The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (4) Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

(d) In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

(e) The City Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act, Government Code Section 54950 et. seq.

Section 8.80.040 Use in Exigent Circumstances
(a) Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this chapter.

(b) If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances that has not been approved in the Military Equipment policy as authorized in accordance with this section, it must take all of the following actions:

(1) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law. (2) If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
(3) Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

Section 8.80.050 Reports on the Use of Military Equipment. (a) The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council annually for as long as the Military Equipment is available for use.

5.A.c
Packet Pg. 49
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 5 of 7

(b) The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

(c) The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

(1) A summary of how the Military Equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the Military Equipment.
(3) The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. (4) 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 annual Military Equipment Report. (5) The quantity possessed for each type of Military Equipment. (6) If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

(d) Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall 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 Police Department’s funding, acquisition, or use of Military Equipment.

(e) The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this Chapter and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

5.A.c
Packet Pg. 50
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 6 of 7

SECTION 2. MILITARY EQUIPMENT USE POLICY
The City Council of the City of Fremont, having received the information required under AB 481 regarding the Fremont Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to, and does hereby, approve the Military Equipment Use Policy attached to the Fremont staff report dated April 19, 2022 and incorporated herein by this reference. The City Council finds that the Military Equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety, and the policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

SECTION 3. CEQA
The Military Equipment Use Ordinance, an administrative government activity, is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that the there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Military Equipment Use Ordinance will clearly not have a significant effect on the environment and, thus, CEQA does not apply. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.

SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.

SECTION 6. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption a summary of this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.

5.A.c
Packet Pg. 51
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Ordinance No. XX- 2022 Page 7 of 7

The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ___ day of __________, 2022, and finally adopted at a regular meeting of the city council held on the ___ day of__________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor

ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:

_________________________________
City Attorney

5.A.c
Packet Pg. 52
Attachment: Ordinance re Military Equipment Use Policy (4587 : MILITARY EQUIPMENT USE POLICY) Fremont City Council Meeting: 04/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Presentations

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4588) DOC ID: 4588
Updated: 4/15/2022 11:51 AM by Alberto Quintanilla Page 1 PASEO PADRE PARKWAY STREET DESIGN - Approval of Direction for Street Design Elements Along Paseo Padre Parkway between Driscoll Road and Washington Boulevard as Part of the Paseo Padre Parkway Complete Streets Project
Contact Persons:

Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate design direction for improvements along Paseo Padre Parkway between Driscoll Road and Washington Boulevard that address the history of speeding and reckless driving along the corridor and that implement safety and operational enhancements for all travel modes. A community outreach process revealed interest for a wide range of street design elements that include pedestrian crossing beacons, a new traffic signal, traffic signal modernization, reduction in vehicle lanes, and better bike lanes.

BACKGROUND: In 2019, the Public Works Department initiated plans to modify the street design along Paseo Padre Parkway to reduce the total number of vehicle lanes from four to two, and then add buffered bike lanes, commonly referred to as a “road diet”. The purpose of the project was to improve safety along a corridor with a history of severe injury crashes and to close a gap in the City’s planned bikeway network. The project aligns with the City’s policy goals related to traffic safety (Vision Zero) and the Bicycle Master Plan which seeks to provide a bikeway network suitable for all ages and abilities.

Staff conducted community outreach for the project in 2019 which consisted of mailed postcards to residents within the project corridor, along with notifications through social media. Input received included supportive comments from people living in the area that were interested in traffic speed management and safety for people walking and bicycling. A greater number of comments were received from people generally opposed to reducing traffic lanes particularly when traffic congestion was severe in the area around Paseo Padre/Washington and the 680/Washington interchange.

Action on the Paseo Padre Parkway Safe and Complete Streets project was subsequently deferred until planned improvements to widen I-680 in the Sunol Grade area were completed. This project would help reduce afternoon traffic congestion on I-680 which caused traffic to back up onto local Fremont streets, including along Washington Boulevard and Paseo Padre Parkway. The I-680/Sunol Grade widening project was completed in October 2020.

On July 13, 2021, the City Council approved a contract for construction and implementation of the “Bikeway Improvements Project” which included improvements to segments of twelve City streets. Regarding the project segment on Paseo Padre Parkway between Washington

7.A
Packet Pg. 53
Staff Report (ID # 4588) Meeting of April 19, 2022
Updated: 4/15/2022 11:51 AM by Alberto Quintanilla Page 2 Boulevard and Driscoll Road, the Council provided direction to staff to not remove vehicle lanes. During the Council’s discussion of the agenda item, various interests were raised about the scope and timing of changes to the street design for Paseo Padre Parkway.

On September 14, 2021, staff returned to the City Council for clarification on the roadway design for Paseo Padre Parkway. Council directed staff to implement an interim design that retained four lanes on Paseo Padre Parkway (two lanes in each direction), with lane widths reduced to 10 feet, and provide a “basic” bike lane (without a buffer) next to an on-street parking lane. Council also directed staff to conduct a community engagement process to solicit feedback on various safety issues along the corridor and potential safety measures that could be implemented as part of a larger complete streets project. In January 2022, the interim roadway striping plan was installed with the approved configuration.

DISCUSSION/ANALYSIS: A new community feedback survey was conducted on the Paseo Padre Parkway street design topic in February and March of 2022. The survey received over 800 responses with 7% of the respondents living on Paseo Padre Parkway, 28% living within the project area, and 65% living in other parts of Fremont or a neighboring city.

• 54% of all respondents drive the corridor daily, 34% drive the corridor a few times per week, and 12% drive through the corridor less than once per week • 95% of all respondents have driven through the corridor and 18% have also walked, biked, or scootered through the corridor
• 52% of all respondents identified traffic congestion at the major intersections (Paseo Padre/Washington and Paseo Padre/Driscoll) as an issue of concern.

Among “local” respondents living on Paseo Paseo Parkway, 62% view excessive speeding as an issue of concern.

Regarding potential street design and safety improvements:
• 82% of all respondents support or are open to considering flashing beacons at pedestrian crossings
• 58% of all respondents support or are open to considering a new traffic signal • 87% of all respondents would support or are open to considering improved traffic signal coordination along the corridor
• 71% of all respondents would support or are open to considering additional speed feedback signs along the corridor
• 50% of respondents living on Paseo Padre Parkway support or are open to considering a reduction in vehicle travel lanes, while 75% of all other respondents are opposed
• 75% of respondents living on Paseo Padre Parkway oppose removal of on- street parking

7.A
Packet Pg. 54
Staff Report (ID # 4588) Meeting of April 19, 2022
Updated: 4/15/2022 11:51 AM by Alberto Quintanilla Page 3 Recent data collected in March 2022 shows that excessive speeding continues to be an issue along the corridor even with the new interim roadway striping that narrowed vehicle travel lanes. Approximately 1,400 vehicles of the 8,900 vehicles (16%) traveling the roadway daily are “speeding” at over 45 miles per hour (mph). The posted speed limit is 35 mph.

Such excessive speeds make backing out of driveways, turning in/out of side streets, biking along the corridor, or crossing the street for pedestrians significantly uncomfortable.

Additionally, traffic congestion conditions have largely been eliminated in the Paseo Padre/Washington area due to the benefits of the I-680 project. While current telework levels are expected to decline as employees return to work, staff estimates that past local traffic congestion levels have been substantially alleviated by the I-680 project. Moreover, the Paseo Padre Parkway Safe and Complete Streets project is not changing any vehicle lane configurations at the intersections of Paseo Padre/Washington or Paseo Padre/Driscoll where overall traffic flow capacity is most affected, rather, the street design changes are limited to the area between these major intersections.

Given the ongoing excessive speeding along the corridor, need for improved pedestrian crossing and bike facilities, and overall decline in traffic congestion, staff recommends the following, taking into consideration City policy goals (safety, complete streets, and efficient signal operations), community input, and staff’s professional judgement:

1. Install a new traffic signal at Covington Drive. This signal is located midway between Washington Boulevard and Driscoll Road. In addition to providing a safe crossing location for people driving, walking, and bicycling, the signal helps to create gaps in traffic flow to make it safer and easier to access driveways and cross streets.

2. Install pedestrian crossing flashing beacons at Dorne Place and at Mento Drive or Olive Avenue. Staff has been systemically improving uncontrolled crossings on high-speed multi-lane roadways citywide as part of the Vision Zero program. These crossings also serve as walking/bike routes to Hopkins Junior High School and Mission San Jose High School. Further analysis is needed to determine the placement of a flashing beacon at either Mento Drive or Olive Avenue.

3. Upgrade existing traffic signals along Paseo Padre Parkway at Driscoll Road and at Washington Boulevard with modern technology (hardware and software) to allow for more efficient traffic flow and that can adapt to changing traffic conditions.

4. Modify traffic lane configuration between Driscoll Road and Washington Boulevard to reduce to one lane in each direction and provide buffered bike lanes. Current and estimated future traffic volumes do not justify having four lanes for vehicles. Reducing vehicle lanes through a “road diet” is the only viable way to achieve the City’s bike plan goals for having a continuous bike lane in the area, supporting bike travel by all ages and abilities.

Perspectives on Road Diets

The City’s traffic safety (Vision Zero) and bike plans identify the consideration of “road diets” to improve safety and to provide space for installing bicycle infrastructure. Many streets in Fremont had been designed with more vehicle capacity than what traffic demand

7.A
Packet Pg. 55
Staff Report (ID # 4588) Meeting of April 19, 2022
Updated: 4/15/2022 11:51 AM by Alberto Quintanilla Page 4 justified. When traffic lane capacity is significantly higher than the demand, such streets are more prone to excessive speeding, difficulties for pedestrian and bicycle access, and more severe traffic crashes. In general, the need for more than two traffic lanes (one in each direction) occurs when vehicle volumes exceed 20,000 vehicle per day. The table below provides a summary of Fremont streets where road diets have been recently implemented or considered.

Street Segment ADT* Comments
Rancho Arroyo Pkwy 2,000 Reduced from 4 to 2 lanes
Paseo Padre Pkwy
- Washington to Warren
6,500 Reduced from 4 to 2 lanes
Civic Center Dr
- Stevenson to Mowry
11,000 Reduced from 4 to 2 lanes
Paseo Padre Pkwy
- Driscoll to Washington
(8,900 in 2022)
13,500
Currently 4 lanes; recommended for
reduction to 2 lanes
Washington Blvd
- Gallegos to Mission
13,000 Kept at 2 lanes; was planned for 4
Peralta Blvd
- Parrish to Mowry
16,000 Kept at 2 lanes; was planned for 4
Fremont Blvd
- Thornton to Parrish
24,000 Kept at 4 lanes; was considered for 3
(area has frequent train crossings)

* Average Daily Traffic (ADT) in 2019 (pre-pandemic and before I-680 improvements)

Community Meeting

A virtual community meeting was held on the evening of April 7, 2022, to share with the community results from the recent feedback survey, staff’s proposed direction for the project, and responses to questions. The meeting had approximately 35 participants.

Survey results and meeting presentation materials are available on the project website.

Alternative Council Direction

In light of the significant community input expressed in opposition to the “road diet” element of the project, that reduces the number of total travel lanes from 4 to 2 and adds buffered bike lanes, the City Council could delete this element from staff’s proposal.

FISCAL IMPACT: The proposed improvements on Paseo Padre Parkway are estimated to cost approximately $1.5 million. Sufficient funding is available in the City’s Capital Improvement Program from current programs that support traffic safety, pedestrian and bicycle facility improvements, and traffic signal modernization.

ENVIRONMENTAL REVIEW: Environmental review will be conducted upon further development and implementation of the approved design direction discussed in this Staff Report.

ATTACHMENTS: None.

7.A
Packet Pg. 56
Staff Report (ID # 4588) Meeting of April 19, 2022
Updated: 4/15/2022 11:51 AM by Alberto Quintanilla Page 5

WEBLINK: https://www.fremont.gov/3347/Paseo-Padre-Parkway-Street-Design

RECOMMENDATION:

Option 2 – Same as Option 1, but without the “road diet” element.

7.A
Packet Pg. 57
Fremont City Council Meeting: 04/19/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4599) DOC ID: 4599
Updated: 4/15/2022 9:59 AM by Susan Gauthier Page 1
COUNCILMEMBER KASSAN REFERRAL: Regarding Input from Commissions for Major Road Projects
Contact Persons:

Name: Jenny Kassan
Title: Vice Mayor
Div/Dept: City Council
Phone: 510-284-4018
E-Mail: [email protected]

COUNCILMEMBER KASSAN REFERRAL: Regarding Input from Commissions for Major Road Projects.

8.A.1
Packet Pg. 58

Fremont City CouncilApril 19, 2022

Fremont City Council
April 19, 2022