Agenda packet, regular meeting — Fremont City Council, May 2, 2023

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5

City Staff

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

Geneva Bosques, Communications and
Legislative Affairs Director
Allen DeMers, Assistant to the City Manager
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development 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
May 02, 2023

General Order of Business

1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)

2. Consent Calendar

3. Ceremonial Items

4. Public Communications

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

6. Other Business

7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments

8. 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 view the meeting on television and/or online or
attend in-person in the Council Chamber. The lobby
doors open approximately 15 minutes prior to the
start of the meeting. The public is strongly
encouraged but not required to wear masks.

Submission of Public Comments: For those wishing
to make public comments at the May 2, 2023
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 - May 02, 2023

May 2, 2023 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) Attend meeting in-person in the Council Chamber, fill out a Speaker Card, and submit to the City Clerk. 2) By phone 833-430-0037 (toll free). Webinar ID: 847 1819 6217. Click *9 to raise a hand to speak. 3) By online https://us06web.zoom.us/j/84718196217
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.

May 2, 2023 Fremont City Council Page 3
Agenda
Fremont City Council Regular Meeting
May 02, 2023
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-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)

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

1. APPROVAL OF MINUTES – for the Special and Regular Meetings of April 4, 2023 and the Regular Meeting of April 18, 2023
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

RECOMMENDATION: Approve minutes.

C. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING TITLE 18 (PLANNING AND ZONING) CHAPTER 18.290

OF THE FREMONT MUNICIPAL CODE TO ALLOW MARKET RATE

RESIDENTIAL DEVELOPMENT PROJECTS TO DEFER PAYMENT OF FEES FOR UP TO 18 MONTHS AND MAKING FINDINGS OF CEQA EXEMPTION
RECOMMENDATION: Waive second reading and adopt ordinance approving the proposed Zoning Text Amendment PLN2023-00216 to amend FMC Chapter 18.290, Development Impact Fees to allow market rate residential development projects to defer payment of development impact fees after building permit issuance.

May 2, 2023 Fremont City Council Page 4
D. WEB CONTENT MONITORING AND SECURITY SOFTWARE RENEWAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Internet Access (ZIA) Web Monitoring and Security
Contact Persons:

Name: David Yu Sanford Taylor
Title: Infrastructure Services
Manager
IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATION:

1. Authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Zero Trust Security Platform in the amount not-to-exceed $46,050.00.

2. Authorize the City Manager, or designee, to renew the Annual Software Licenses of the Zscaler Zero Trust Security Platform with Solutions Simplified, for an additional one-year term in an amount not-to-exceed $45,932.00.

E. HHAP AMENDMENT FOR HOMELESS SERVICES - Authorize the City Manager to Enter into an Amendment with Alameda County for Homeless Housing And Prevention Funds to Support the Housing Navigation Center and Other Services and Make Findings of CEQA Exemption
Contact Persons:

Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human
Services
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or her designee, to 1) enter into an amendment for HHAP funding with Alameda County, in an amount not to exceed $1,314,714, for eligible services, including interim housing such as the Housing Navigation Center, permanent housing, and affordable or supportive housing operating subsidies, from July 1, 2023 to June 30, 2024; 2) further amend this agreement to extend the term through June 30, 2025, and include additional Round 4 funding released by the State; 3) and make findings of CEQA exemption as specified in this Report.

May 2, 2023 Fremont City Council Page 5
F. PURCHASE OF FLEET VEHICLES - Approve Purchase Order with Deere & Company for the Purchase of Two Wide Area Lawn Mowers in an Amount Not to Exceed $170,940.62, through a Cooperative Agreement with Sourewell; Exempt from CEQA Review per Guideline 15061.

Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Find the action is exempt from CEQA review per CEQA Guideline 15061 and authorize the City Manager or designee to execute a purchase order with Deere & Company for the purchase of two wide area lawn mowers in an amount not to exceed $170,940.62.

G. HOMELESSNESS RESPONSE STRATEGIC PLAN SERVICE AGREEMENT – Authorize the City Manager or their Designee to enter into an Agreement with EdeColigny Consulting, LLC, for the planning and development of a City-wide Strategic Plan to Respond to Homelessness, in the amount of $112,000.

Contact Persons:

Name: Laurie Flores Allen DeMers
Title: Homeless Services Manager Assistant to the City Manager Dept: City Manager's Office City Manager's Office
Phone: 510-574-2040 510-494-4651
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager, or their designee, to execute a Standard Services Agreement with EdeColigny Consulting, LLC as consultant for Fremont’s Homelessness Response Strategic Plan, in the amount of $112,000.

H. SENIOR HOUSING COORDINATION AMENDMENT - Authorize the City Manager to Execute Amendments Extending The Term of Agreement with Eden Housing Resident Services, Inc., to Provide Senior Service Coordination Services at Senior Housing Facilities in Fremont through December 2024 and Making Findings of CEQA Exemption
Contact Persons:

Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATIONS: Authorize the City Manager, or her designee, to extend the terms of the City’s senior housing service coordination agreement with Eden Housing Resident Services, Inc. (Eden), by two additional one-year terms, in an amount not to exceed $194,174 for the calendar year of January 1, 2023 through December 31, 2023 and $205,826 for the calendar year of January 1, 2024 through December 31, 2024, and make findings of CEQA exemption as specified in this Report.

May 2, 2023 Fremont City Council Page 6
I. ENDPOINT DETECTION AND RESPONSE (EDR) SOFTWARE RENEWAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution.

Contact Persons:

RECOMMENDATION: Authorize the City Manager, or designee, to issue a purchase order and to execute implementing documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution in the amount not-to-exceed $110,158.43.

J. MILITARY EQUIPMENT ANNUAL REPORT – Annual Review and approval of military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2022 to March 2023 Contact Persons:

Name: Matthew Snelson Lance Brede
Title: Police Captain Deputy Chief
Dept: Police Department Police Department
Phone: 510-790-6874 (510) 790-6930
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Receive and approve the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report.

2. Find that each type of Military Equipment identified in the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report has complied with the standards for approval set forth in FMC Chapter 8.80 and the Military Equipment Use Policy.

3. Approve the continued use of the currently authorized military equipment by Fremont Police Department as identified in Exhibit 1 of Fremont Police Department’s Military Use Policy.

May 2, 2023 Fremont City Council Page 7
K. PURCHASE OF IN-CAR VIDEO SYSTEMS, BODY-WORN CAMERAS, DIGITAL

EVIDENCE MANAGEMENT SYSTEM, AND CONDUCTIVE ENERGY DEVICES FOR THE POLICE DEPARTMENT - Authorize the City Manager, or Designee, to Execute an Agreement with Axon Enterprise, Inc. for the Provision of In-Car Video, Body-Worn and Interview Room Camera Systems, Digital Evidence Management System, and Conductive Energy Devices, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary; Related Appropriation Actions
Contact Persons:

Name: Lance Brede Sean Washington
Title: Deputy Chief Police Chief
Dept: Police Department Police Department
Phone: (510) 790-6930 510-790-6969
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or designee, to enter into a ten-year subscription agreement and to execute any implementing documents and take any implementing actions as necessary with Axon Enterprises, Inc. for the purchase of an In-Car Video System, Body-Worn Cameras, Interview Room Camera System, Conductive Energy Devices (Tasers), and Digital Evidence Storage and Management System in an amount not to exceed $13,640,135.

2. Appropriate $85,100 in Fund 119 (Department of Justice Federal Asset Forfeiture) and $19,050 in Fund 250 (Department of Treasury Federal Asset Forfeiture).

L. DUSTERBERRY WAY SAFETY IMPROVEMENT PROJECT - Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds From the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 and Section 15061.

2. Appropriate additional Railroad/Highway At-Grade Crossing Program (Section 130) federal grant funds in the amount of $161,000 to PWC8964- 522.

May 2, 2023 Fremont City Council Page 8
M. 2024 BIKEWAY ENHANCEMENT PROJECT - Adopt a Resolution Authorizing Fiscal Year 2023/2024 Application for Transportation Development Act Article 3 (TDA3) Grant Funds and Acceptance of $322,407 in TDA3 Funds for the 2024 Citywide Class IV Bikeway Enhancement Project (PWC8874); Appropriation of Funds; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Lilian Ayala Hans Larsen
Title: Senior Transportation
Engineer
Public Works Director
Dept: Public Works Public Works
Phone: (510) 494-4766 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Find the proposed project is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that application for grant funding is not an activity that in itself has the potential for causing a significant effect on the environment.

2. Adopt a resolution authorizing the City Manager, or her designee, (a) to apply for Transportation Development Act Article 3 Bicycle and Pedestrian Program Funds in the amount of $322,407 for the 2024 Citywide Class IV Bikeway Enhancement Project; and (b) to accept any awarded grant funds for the Project and to execute any necessary implementing documents.

3. Appropriate any grant funds received to PWC8874 (Bikeway Improvements) in the Transportation Development Act Fund (Fund 521).

N. AMENDMENT TO WINTER RELIEF MOTEL CONTRACT Authorize the City Manager to Execute FY 2022/23 Standard Service Amendment with Mission Peak Lodge (C & L, LLC), for Temporary Use of Hotel Rooms as Winter Relief Shelter
Contact Persons:

Name: Guadalupe Gonzalez Suzanne Shenfil
Title: Management Analyst Director
Dept: Human Services Department Human Services Department Phone: 510-574-2087 510-574-2051
E-Mail: [email protected] [email protected]

RECOMMENDATION: Authorize the City Manager or her designee to amend an agreement with Mission Peak Lodge (C & L, LLC) in an amount not to exceed $20,000, for a new total not to exceed $119,000, to provide motel winter relief services as described in this report.

O. AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING FOR FEDERAL EMERGENCY SOLUTIONS GRANT FUNDING – Authorize the City Manager to Execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department's Family Resource Center to provide Housing Stability Services in Fiscal Year 2022/23 and 2023/24 and Making Findings of CEQA Exemption
Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Dept: Human Services Department Human Services Department Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

May 2, 2023 Fremont City Council Page 9
RECOMMENDATION: Authorize the City Manager to execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department’s Fremont Family Resource Center to provide housing stability services for Fiscal Year 2022/23 and 2023/24 for a total not to exceed $280,573 and making findings of CEQA exemption.

3. Ceremonial Items
A. Proclamation: Fremont Bike Month
B. Ceremonial Resolution: American High School Robotics Team #5773 Ink and Metal

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 - None.

6. Other Business
A. SABERCAT TRAIL AND IRVINGTONIAN FOSSIL MUSEUM PROJECTS - Receive Progress Report on Sabercat Trail and Irvingtonian Museum Projects; Approve the Recreation Commission Recommendations to Sabercat Historical Park; Authorize the City Manager to Execute Service Agreements to Continue Development of the Sabercat Trail and Irvingtonian Fossil Museum Projects (PWC8977); and Make Findings of CEQA Compliance
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

RECOMMENDATION: Approval of the following actions related to the Sabercat Trail Extension Project and the Irvingtonian Fossil Museum Project:

1. Find the action is exempt from environmental review under CEQA Guidelines Section 15378 (b)(4) and (5) . As a separate and independent basis for CEQA compliance, the City Council has adopted the Draft Mitigated Negative Declaration and Mitigation Monitoring and Report ing Program for the Sabercat Trail Extension Project in accordance with CEQA Guidelines Section 15074.

2. Approve the Recreation Commission Recommendation to approve a new trail width of 14’ in Sabercat Historical Park to be consistent with the Community Connector Trail guideline of the Trail Strategy Plan.

3. Approve the Recreation Commission Recommendation to adopt the Site Master Plan for the Trail Extension and Interpretive Area within Sabercat Historical Park to be constructed as a part of the Sabercat Trail Extension project.

May 2, 2023 Fremont City Council Page 10

4. Authorize the City Manager or designee to execute Amendment No. 4 to the Design Professional Services Agreement with T.Y. Lin International in an amount not to exceed $487,000 for engineering services for the Sabercat Trail Extension project (PWC8977).

5. Authorize the City Manager or designee to execute a Services Agreement with Math Science Nucleus in an amount not to exceed $220,000 for preparation of a Concept Plan of Scientific Content for the Irvingtonian Fossil Museum project (PWC8977).

7. Items Referred by Councilmembers
A. Councilmember Referrals - None.

B. Appointments to Boards, Commissions, Committees

1. MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:

Name: Lily Mei
Title: Mayor
Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

APPOINTMENT:

Advisory Body Appointee Term
Expires

Economic Development Advisory Commission Charles Martinez 12/31/2025 (Commercial/Industrial Representative)

RECOMMENDATION: Approve appointment.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
May 2, 2023 Fremont City Council Page 11

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

May 2, 2023 Fremont City Council Page 12

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 Monday,
May 1, 2023 5:30 p.m. CC/FUSD Joint Meeting FUSD Live
May 2, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 9, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 16, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
May 23, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
May 30, 2023 No City Council Meeting
(5th Tuesday)
June 6, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 13, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 20, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
June 27, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
July 4, 2023 City Council Meeting
Cancelled
July 11, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 18, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
July 25, 2023 CC/FUSD Liaison Committee
Meeting Cancelled
August Recess Council in Recess until
September
September 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
September 26, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting TBD Live
October 3, 2023 7:00 p.m. City Council Meeting Council
Chambers Live
October 10, 2023 7:00 p.m. City Council Meeting Council Chambers Live
October 17, 2023 7:00 p.m. City Council Meeting Council Chambers Live

Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Approval of Minutes

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4907) DOC ID: 4907
Updated: 4/27/2023 9:46 PM by Susan Gauthier Page 1
APPROVAL OF MINUTES – for the Special and Regular Meetings of April 4, 2023 and the Regular Meeting of April 18, 2023
Contact Persons:

Name: Susan Gauthier
Title: City Clerk
Div/Dept: City Clerk's Office
Phone: 510-284-4076
E-Mail: [email protected]

APPROVAL OF MINUTES – for the Special and Regular Meetings of April 4, 2023 and the Regular Meeting of April 18, 2023

ATTACHMENTS:
• Draft Minutes

RECOMMENDATION: Approve minutes.

2.B.1
Packet Pg. 13

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MINUTES

FREMONT CITY COUNCIL SPECIAL MEETING
APRIL 4, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
5:30 P.M.

Call to Order: Mayor Mei called the mee ting to order at 5:30 p.m.

Roll Call: Present: Mayor Mei, Vice Ma yor Cox (arrived at 5:36 p.m.), Councilmembers: Keng, Campbell, Kassan, Shao, and Salwan (arrived at 5:42 p.m.)

Public Comment: None.

CONVENED TO A CLOSED SESSION at 5:32 p.m.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)

Title: City Attorney

2. CONFERENCE WITH LABOR NEGOTIATOR:
(California Government Code 54957.6)

City Designated Representative: Lily Mei, Mayor; Tina Gallegos, Human Resources Director

Unrepresented Employee: City Attorney

The Special Meeting of the Fremont City Council adjourned at 6:58 p.m.

A t t e s t : A p p r o v e d :

_____________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

2.B.1.a
Packet Pg. 14
Attachment: Draft Minutes (4907 : Approval of Minutes - 2023-04-04 - 2023-04-18)

*Consent Items

Page 1 ends

MINUTES

FREMONT CITY COUNCIL MEETING
APRIL 4, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:03 p.m.

B. Flag Salute: Councilmember Shao led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, Shao and Salwan

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

City Manager Shackelford shared information regarding items of Council/community interest.

E. Report Out of Closed Session

City Attorney Alvarado reported that the Council conducted a conference in Closed Session.

The City Council discussed two items as part of its Closed Session Agenda, Public Employee Performance Evaluation (Title: City Attorney), and Conference with Labor Negotiator (City Designated Representative: Lily Mei, Mayor; Tina Gallegos, Human Resources Director; Unrepresented Employee: City Attorney). The City Council took no reportable action.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

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* B. Approval of Minutes

*1. Mayor Mei opened considera tion of Approval of Minutes

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council approved minutes of Regular Meeting of March 7, 2023, the Regular Meeting of March 14, 2023, and the Regular Meeting of March 21, 2023.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

* C. Mayor Mei opened consideration to Authorize the City Manag er to Issue a Purchase Order to Stryker for the Purchase of 16 LUCAS Chest Compression Units (CPR devices) in the Amount of $245,119; Related Appropriation Action; CEQA Finding

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:

1. Authorized the City Manager , or designee, to issue a purchase order to Stryker Corporation, in the amount of $245,119, for the purchase of sixteen LUCAS Chest Compression Systems.

2. Appropriated $15,320 in the Fir e Impact Fee Fund (Fund 544) to purchase one LUCAS system for the new fire truck company.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* D. Mayor Mei opened consideration of Amendment No. 1 to Expan ded Learning Opportunities Program Agreement Contract No. 23-0015 between the Fremont Unified School District and City of Fremont to extend the Program for an additional one-year academic period and to include summer programming for summer 2023 and summer 2024; Associated appropriation actions.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:

1. Approved and authorized the Cit y Manager or her designee to execute Amendment No. 1 to Agreement No. 23-0015 with the Fremont Unified School District for partnership and services to extend the Expanded Learning Opportunity Program (ELO-P) for Transitional Kindergarten/Kindergarten for an additional academic year through 2024 and to amend the scope of services to include summer ELO-P camps for summer 2023 and summer 2024.

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2. Recognized $45,890 of revenue and appropriated $45,890 of expenditures in the Recreation Fund (Fund 189) for the portion of the ELO-P that will take place in June 2023.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

* E. Mayor Mei opened considerati on to Adopt a Resolution Approving the Final Map and Improvement Plans; Accepting Dedication of Land and Public Easements; and Authorizing the City Manager to Execute Agreements for Construction of Public and Private Street Improvements for Tract 8530, located at 3057 Decoto Road (Decoto Lux); Make Findings of CEQA Exemptions.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council adopted Resolution No. 2023-17 to:

1. Approve the Final Map and the I mprovement Plans for Tract 8530.

2. Accept the developer’s offer of dedication of real property interests, as identified on the Final Map, provided that the acceptance of any property on which the developer is required to construct public improvements shall be conditioned upon the developer’s completion of the improvements to the satisfaction of the City Engineer.

3. Approve the Agreement for Pub lic Improvements entitled “Public Improvement Agreement, Tract 8530”, with the developer, Fatima Ahmed and Zafir Shaiq, and authorize the City Manager to execute the agreement on behalf of the City.

4. Approve the Agreement for Priv ate Improvements entitled “Private Improvement Agreement, Tract 8530”, with the developer, Fatima Ahmed and Zafir Shaiq, and authorize the City Manager to execute the agreement on behalf of the City.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Proclamation: 40th Annual National Night Out

B. Proclamation: Fair Housing Month

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4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Communications & email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: Deb, Manan Rawal, Sriicrishna, Shaishav Desai, Arun Ramani, Shridhar Parvatikur, Sai N., Krishna Kuma Pillalarmarri, Padma, Gopalakrishnan, Rakesh Singh, Kewal Singh, Srikar Puluri, Srinath, Harsh Singh, Dheeraj Singh, Kelly Abreu, Aaruni Rao, Temo Aguilar, Padma Srinivasan, GT, Harmesh Sidhu, Srikanth Pendyala, Joanne S., Mykaya Worley, Saroj Kumar, Shiva Kota, Abinov Vishen, Gayari Pendyala, and Raju Nandu.

5. SCHEDULED ITEMS – None.

6. OTHER BUSINESS

A. Mayor Mei opened consideration to Consider Proposed Prepayme nt by the City of Fremont of General Fund Lease Payments and Defeasance of Fremont Public Financing Authority Lease Revenue Bonds, Series 2017B, and Related Appropriation Actions

Finance Director, Dave Persselin was available for questions. Mayor Mei opened public comment. There being no speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Salwan, seconded by Councilmember Keng, the City Council:

1. Found that the recommended action is a financial transaction and is “not a project” as defined by CEQA and is exempt from CEQA review under Section 15378(b)(2) and (b)(5).

2. Appropriated $17,350,000 in the General Fund (Fund 001) to e stablish a defeasance escrow for the purpose of prepaying the 2017 Lease Payments, defeasing the 2017 Bonds, and paying the costs of defeasance.

3. Adopted Resolution No. 2023-18 a uthorizing the preparation and execution by the City officers and staff identified in the resolution of all documents required to complete the proposed defeasance transaction, including the Escrow Agreement.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

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B. Mayor Mei opened consideration of Acceptance of the February 2023 City Council Retreat Report and Identified Council Priorities

See Green Sheet on file noting a minor correction to report.

Assistant City Manager, Christina Briggs was available for questions. Mayor Mei opened public comment. The following person(s) commented: Lisa Danz. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Vice Mayor Cox, seconded by Councilmember Salwan, the City Council accepted the February 2023 City Council Retreat Report, including the minor correction.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees – None.

C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 8:30 p.m.

A t t e s t : A p p r o v e d :

_________________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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MINUTES

FREMONT CITY COUNCIL MEETING
APRIL 18, 2023

FREMONT CITY HALL AND

VIRTUAL MEETING VIA ZOOM
7:00 P.M.

1. PRELIMINARY

A. Call to Order: Mayor Mei called the mee ting to order at 7:10 p.m.

B. Flag Salute: Councilmember Keng led the salute to the flag.

C. Roll Call: Present: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng, Campbell, Kassan, Shao and Salwan

D. Announcements by Mayor/City Manager/City Attorney

Mayor Mei announced the Boards and Commissions vacancies.

Assistant City Manager Brian Stott introduced City Staff. There were no community announcements.

E. Report Out of Closed Session – None.

2. CONSENT CALENDAR

* A. Waive Reading of Ordinances: The City Attorney read the titles of ordinances to be considered.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council waived further readings of proposed ordinances.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* B. Approval of Minutes – None.

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* C. Mayor Mei opened consideration to Approve Plans and Specif ications, Accept Bid Withdrawal of Low Monetary Bidder and Award a Contract to O’Grady Paving, Inc. in the Amount of $4,134,501.63 (Including 5% Contingency) for the 2023 Pavement Rehabilitation Project (PWC8234-W); Make Findings of CEQA Exemption.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council approved the following actions related to the 2023 Pavement Rehabilitation Project (PWC8234-W):

1. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing) and Section 15302 (replacement or reconstruction of existing structures/facilities).

2. Approve the plans and speci fications for the project.

3. Accept the bid withdrawal f rom low monetary bidder.

4. Accept the bid and award the construction contract to the lo west responsive and responsible bidder, O’Grady Paving, Inc. in the amount of $3,937,620.60, plus a 5% construction contingency in the amount of $196,881.03, for a total construction contract amount of $4,134,501.63 and authorize the City Manager to execute the contract.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* D. Mayor Mei opened consideration to Approve Plans and Specif ications, Accept the Bid and Award a Construction Contract for the Bid Amount of $1,182,178 to Redwood Engineering & Equipment, Inc dba Redwood Engineering Construction and Allocate a 10% Construction Contingency of $118,200 for a Total Contract Amount of $1,300,378 for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008) and find that the project is exempt from review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities).

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council:

1. Approve the plans and specifica tions for the Northgate Community Park Play Area Renovations & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008).

2. Approve the plans and specifica tions for the Northgate Community Park Play Area Renovations & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008).

3. Accept the bid, award a constr uction contract, and authorize the City Manager, or designee, to execute a construction contract with the lowest responsive and responsible

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bidder, Redwood Engineering & Equipment, Inc. dba Redwood Engineering Construction for the Northgate Community Park & Marshall Neighborhood Park Play Area Renovations Project (PWC9054 & PWC9008) for a construction contract amount of $1,182,178, and a 10% construction contingency of $118,200 for unforeseen work, for a total contract amount of $1,300,378

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

* E. Mayor Mei opened consideration of Approval of Agreements f or On-Call Geotechnical Consulting Services with Ninyo & Moore Geotechnical and Environmental Consultants, and Romig Engineers, Inc.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorize the City Manager or designee to execute a Master Service Agreement with the following consultants:

1. Ninyo & Moore for on-call geot echnical consulting services for a total not-to-exceed compensation of $1,250,000 for five years.

2. Romig Engineers, Inc. for on- call geotechnical consulting services for a total not-to- exceed compensation of $1,250,000 for five years.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* F. Mayor Mei opened consideration of Amendment to Alameda Cou nty Social Services Agency FY 2022/23 Agreement for Family Caregiver Support Program

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorized the City Manager, or her designee, to execute a FY 2022/23 Amendment with the Alameda County Social Services Agency for the Family Caregiver Support Program for a total contract amount of $137,428, and appropriate an additional $32,914 to fund 173 and making findings of CEQA exemption

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

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* G. Mayor Mei opened consideration of Authorization to Execute a Task Order to the Joint Powers Agreement with Fremont Unified School District. Task Order HSD-17 for the Provision of Mental Health Services at Three Fremont Unified School District High School Wellness Centers and Two Middle Schools.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorize the City Manager, or her designee, to execute Task Order HSD-17 to the Joint Powers Agreement with Fremont Unified School District, in an amount not to exceed $308,000, for the Youth and Family Services Division of the Human Services Department to provide school-based Wellness Center mental health services for the 2023-2024 school year, and authorize the Human Services Department to hire four temporary staff (.75 FTE Special Assistant positions) for the school year and making findings of CEQA exemption.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* H. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to issue a Purchase Order with Dana Safety Supply, Inc. in an amount not to exceed $130,250 (Police Ballistic Shields)

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorize the City Manager, or designee, to issue a Purchase Order with Dana Safety Supply, Inc. in an amount not to exceed $130,250 for ballistic shield replacements.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* I. Mayor Mei opened consideration of Approval of Agreement wi th Fremont Unified School District to Receive Funds estimated at $750,000 for the Construction of a Traffic Signal at the Intersection of Thornton Avenue and Oak Street for the Thornton Middle School Conversion; Appropriation of Funds; and Make Findings of CEQA Exemption.

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council approve the following actions:

1. Find that this project is cate gorically exempt from review under California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that implementation of the agreement is not an activity that in itself has the potential for causing a significant effect on the environment.

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2. Authorize City Manager, or de signee to execute a Cooperative Funding and Mitigation Agreement with Fremont Unified School District for the construction of a traffic signal at the intersection of Thornton Avenue and Oak Street, which is estimated at $750,000.

3. Authorize appropriation of funds in the amount of $750,000 from Fremont Unified School District to PWC8956-502, Centerville Complete Streets Project.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

* J. Mayor Mei opened consideration to Authorize the City Manag er, or Designee, to issue a Purchase Order with Pacific Fitness Products LLC, in an amount not to exceed $140,000 (Gym Revitalization Wellness Initiative)

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council authorize the City Manager, or designee, to issue a Purchase Order with Pacific Fitness Products LLC. to remodel, revitalize and purchase new equipment for the Police Department’s workout facility utilizing funds in the Police Department’s adopted FY 2022/23 general fund budget in an amount not to exceed $140,000.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None

Absent: None
Abstain: None

* K. Mayor Mei opened consideration of Transmittal and Acceptan ce of Fiscal Year 2021/22 Audit Reports

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council receive financial audit reports for Fiscal Year 2021/22 and file.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, an
d Salwan
Noes: None
A
bsent: None
Abstain: None

* L. Mayor Mei opened considera tion of Approval for the Second Amendment to the Employment Agreement between City Attorney Rafael E. Alvarado, Jr. and the City of Fremont

On a motion by Councilmember Salwan, seconded by Vice Mayor Cox, the City Council adopted Resolution No. 2023-19 and authorized the Mayor to execute the second amendment

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to the City Attorney’s Employment Agreement, which authorizes a merit-based five percent wage increase.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Ca
mpbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

3. CEREMONIAL ITEMS

A. Proclamation: National Vict ims’ Rights Week - April 23-29, 2023

B. Proclamation: Condemning Hinduphobia

C. Proclamation: Rotary Club of Mission San Jose 40th Anniversary

D. Proclamation: Recognizing April 2023 as Fair Housing Month

E. Proclamation: Arbor Day – April 28, 2023

4. PUBLIC COMMUNICATIONS

A. Oral and Written Communications

Communications & email submitted to the City Clerk were compiled, distributed to the City Council and staff, and published in the City's Agenda Center on fremont.gov, and were placed on file.

The following person(s) commented: Diann Castleberry (AC Transit), K.P. Maheshwari, Samruddhi Pathak, Dr. Romesh Japra, Rinu Nair, Ritesh Tandon, Arushi Desai, Panchasheela Akula Venugopal, Shailaja Mahavadi, Sai Nagarasan, Karthik S., Aaruni Rao, Padma Gopalakrishnan, Archana Nair, Swaroop Chanda, Deepti Mahajan, Harish Maiya, Rishi Nair, Achintya Fai, Karan Mody, Simran Kaur, Ragini Kaur, Dakshata Talekar, Dilip Amin, Rajesh Konanuanparambath, Arun Ramani, Anoshk Mody, Anuj, and Nitesh Singh. This ended the 30-minute time limit for Oral Communications.

5. SCHEDULED ITEMS

A. Mayor Mei opened Public Heari ng (Published Notice) to consider Planning Commission recommendation of a City-initiated Zoning Text Amendment amending Title 18 [Planning and Zoning], Chapter 18.290 [Development Impact Fees] of the Fremont Municipal Code to allow market rate residential development projects to defer payment of impact fees until final inspection, issuance of a certificate of occupancy, or the expiration of 18 months from the date of permit issuance, whichever occurs first; and to consider an exemption for the project from the requirements of the California

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Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the proposed amendments are not a project which has the potential to cause a significant effect on the environment.

Development Director, Dan Schoenholz was available for questions. Mayor Mei opened the public hearing. There being no speakers, Mayor Mei closed the public hearing.

On a motion by Vice Mayor Cox, seconded by Councilmember Campbell, the City Council:

1. Held public hearing.

2. Found that the project is exemp t from the requirements of the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b) (2), (4) and/or (5), and/or per CEQA Guidelines Section 15061(b)(3), in that it is an administrative or governmental funding mechanism or fiscal activity that does not involve a commitment to any specific project nor have in that it is not a project which has the potential to cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

3. Introduced an ordinance, as show n in Exhibit “A” to the staff report, approving the proposed Zoning Text Amendment PLN2023-00216 to amend FMC Chapter 18.290, Development Impact Fees to allow market rate residential development projects to defer payment of development impact fees after building permit issuance.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Shao, an
d Salwan
Noes: Councilmember Kassan

Absent: None
Abstain: None

6. OTHER BUSINESS

A. Mayor Mei opened consideration to Adopt a resolution to adop t the Urban Forestry Management Plan and make a finding that the Urban Forestry Management Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Sections 15162 and 15163, 15307, 15308, 15304, and 15378(b), and no further environmental review is required at this time.

Community Services Director, Suzanne Wolf and Chris Peiffer of PlanIT Geo provided a presentation. Staff and consultant responded to questions from Councilmembers. Mayor Mei opened public comment. The following person(s) commented: Annie, Jarvis Leung (UFF), Kathy Steel-Sabo (UFF), Lynn Miller, Caroline Harris, John Hinds, Liz Ames and Chris Hampton. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Vice Mayor Cox, seconded by Councilmember Campbell, the City Council:

1. Found that the Urban Forest Mana gement Plan is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate

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and independent basis, (1) CEQA Guidelines Sections 15162 and 15163, (2) CEQA Guidelines Section 15307, (3) CEQA Guidelines Section 15308, (4) CEQA Guidelines Section 15304 and (5) CEQA Guidelines Section 15378(b).

2. Adopted Resolution No. 2023-20 ad opting the Urban Forest Management Plan.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None
A
bsent: None
Abstain: None

7. ITEMS REFERRED B Y COUNCILMEMBERS

A. Council Referrals – None.

B. Appointments to Boards, Commissions, Committees

1. Mayor Mei opened consideration of Mayor Mei Referral: Appoi ntments and Reappointments to Advisory Bodies

Appointments:

Advisory Body Appointee Term Expires

Human Relations Commission Cecilia Leon 12/31/2026

Library Advisory Commission Felix Lechner 12/31/2025 (Friends of the Library representative)

Library Advisory Commission Lauren Texiera 12/31/2026 R a y l a nd Ho 12/31/2026
H a r m e s h S i dhu 12/31/2026

Mayor Mei opened public comment. The following person(s) commented: Yonggang Zhang and Henry Liang. There being no additional speakers, Mayor Mei closed the public comment period.

On a motion by Councilmember Keng, seconded by Councilmember Shao, the City Council approved appointments to the Human Relations Commission and Library Advisory Commission as noted in the staff report.

Ayes: Mayor Mei, Vice Mayor Cox, Councilmembers: Keng,
Campbell, Kassan, Shao, and Salwan
Noes: None

Absent: None
Abstain: None

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C. Legislative Actions – None.

D. Report on Committee Assignments

Councilmembers reported on their various meetings.

Continuation of Agenda Item 4.A - Oral and Written Communications

After all other agenda items were heard, the Oral Communications period was reopened. The following persons commented: Kelly Abreu, Aparne, Aditya Bulusu, Vivek Jain, Monish Sharma, Rohit Sharma, Shailvas Singh Indic Press), Deb, Thenmozhi Sonndararajan (Equality Labs), Simran Kaur (Jakara Movement), Kanagalashmi Nagagarajan (AKSC), Naresh Desai, Vivek Walvekar, Suramya Naik, Pranar Persikh, Vrushali C., Prem Pariyar (Equality Labs), Vrushali Raut, Rusha Sane, Pallari Khandekar, Mangesh, Sachin Kothawade, Uju Hobi, Giresh Thobo, Kewal Singh (Suri Gururavidassa Community), Tigdr Shah, Surinder Saroy, Armeen Kumar, Chander Mohan, Manny Singh, Parmjit Kaur, Surjit Khaitaur, Vikas, Randhir Suman, Vinod Kumein (Shri Guru Ravidase Sabha Bay), Mandelp, Karan, Kannan Srinivasan, Shailenra, Jasdev Singh, Rajni Batra, Ramya TP, Sowmya Narayan, Harsh Singh, Vijay, Raj Nandu, #685/Padma, Yonggang Zhang, and Asok Chatterjee.

8. ADJOURNMENT: There being no further business, Mayor Mei adjourned the meeting at 10:35 p.m.

A t t e s t : A p p r o v e d :

_________________________________ ___________________________ S u s a n G a u t h i e r , C i t y C l e r k L I L Y M E I , M a y o r

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3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4896) DOC ID: 4896
Updated: 4/19/2023 12:49 PM by Susan Gauthier Page 1

SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF FREMONT AMENDING TITLE 18 (PLANNING AND ZONING) CHAPTER 18.290 OF

THE FREMONT MUNICIPAL CODE TO ALLOW MARKET RATE RESIDENTIAL DEVELOPMENT PROJECTS TO DEFER PAYMENT OF FEES FOR UP TO 18

MONTHS AND MAKING FINDINGS OF CEQA EXEMPTION
Contact Persons:

Name: Susan Gauthier Dan Schoenholz
Title: City Clerk Community Development Director
Div/Dept: City Clerk's Office Community Development
Phone: 510-284-4076 510-494-4438
E-Mail: [email protected] [email protected]

Executive Summary: On December 6, 2022, City Council approved a 13.65% increase in development impact fees effective July 1, 2023 to keep pace with increases in construction costs as measured by the Engineering News-Record’s Bay Area Construction Cost Index. In conjunction with the fee increase, Council directed staff to return with information regarding potentially allowing market rate residential projects to defer payment of impact fees. On February 7, 2023, staff provided Council with a report. Council indicated support for allowing market rate residential projects to defer impact fees and directed staff to return to Council with a proposed Zoning Text Amendment, with the goal of having the fee deferral in place on July 1, 2023. Staff subsequently prepared the proposed Zoning Text Amendment, and on March 23, 2023, the Planning Commission unanimously recommended that Council adopt the Amendment.

Staff recommends that the City Council adopt the proposed Zoning Text Amendment to FMC Chapter 18.290 to allow market rate residential projects to defer payment of impact, art, and affordable housing fees until after building permit issuance.

The ordinance was introduced by the City Council at its April 18, 2023 meeting. The ordinance is now before the Council for adoption.

ATTACHMENTS:
• Draft Ordinance - Fee Deferral

RECOMMENDATION: Waive second reading and adopt ordinance approving the proposed Zoning Text Amendment PLN2023-00216 to amend FMC Chapter 18.290, Development Impact Fees to allow market rate residential development projects to defer payment of development impact fees after building permit issuance.

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment)

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Attachment: Draft Ordinance - Fee Deferral (4896 : Second Reading and Adoption of an Ordinance-Fee Deferral Program Amendment) Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4862) DOC ID: 4862 A
Updated: 4/28/2023 8:07 AM by Alberto Quintanilla A Page 1 WEB CONTENT MONITORING AND SECURITY SOFTWARE RENEWAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with Solutions Simplified, for the Annual Software Licenses of the Zscaler Internet Access (ZIA) Web Monitoring and Security Contact Persons:

Name: David Yu Sanford Taylor
Title: Infrastructure Services Manager IT Director
Div/Dept: Information Technology Services Information Technology Services Phone: 510-494-4826 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: In FY 2021/22, the City tested and deployed a web content and security software called Zscaler Internet Access (ZIA). This technology offers 24/7 protection for City staff and City information systems from malicious internet websites and bad actors when employees are using the internet whether in the office or away from the office. The initial year one cost for the software was $52,630. The existing software licenses will expire on May 26, 2023. The second year and third year license costs are $46,050 and $45,932 respectively. The total amount for all three years exceeds $100,000 and requires City Council approval.

BACKGROUND: The Information Technology Services (ITS) Cybersecurity Program continues to expand the City’s capability to monitor, in real-time, city-wide information system assets for anomalies and malicious behaviors, which result in the detection and reductions in response time to cyberthreats such as malware, ransomware, distributed denial of service (DDoS), spoofing, backdoor, tampering, spam, and phishing attacks. In addition, the ITS Cybersecurity Program has been improving City information systems and data backup practices by investing in modern backup and recovery technologies. This ensures a secure and current City information systems backed-up data storage and optimized system restoration process in the event of cyber-attack and/or data loss. The program also focuses on communicating cybersecurity trends and cybersecurity best practices to City Staff and equip them with information they need to become human firewalls.

DISCUSSION/ANALYSIS: Today’s cyber-threat is real. The City is at an increased risk of experiencing an unforeseen cyber-attack from internet threat actors. In fact, cyber-attacks such as ransomware have had an enormous negative impact on several of our neighboring cities. Many of the public services that these cities provide were taken offline for an extended period of time. In order to help mitigate today’s high risk of experiencing a cyber- attack in our city, ZIA was selected because it meets the City’s standards for this type of software. These standards include ease of deployment and administration, minimal impact to the operating system, transparency for the end user, and proven overall effectiveness.

Additionally, ZIA has the following comprehensive features to help mitigate potential cyber - threats against the City including 1) 24/7 monitoring and protecting the users’ device while on the City’s network and outside the City’s network; 2) built-in artificial intelligence to

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Council Staff Report (ID # 4862) Meeting of May 2, 2023 Updated: 4/28/2023 8:07 AM by Alberto Quintanilla A Page 2 detect and quarantine unknown threats; 3) ability to detect and prevent zero-day attacks; and 4) scalability to support a zero trust network architecture.

City staff developed a Request for Bids (RFB #22-029) that was issued and posted on Periscope Holdings (BidSync.com) in March 2022. In response to the RFB, the City received 4 bids for the Zscaler Internet Access (ZIA) Web Monitoring and Security Solution, from Optm, Ridge IT, Solutions Simplified and Zones, LLC. After evaluation, the City selected the top bidder – Solutions Simplified.

In late 2022, the Information Technology Services (ITS) Department conducted a trial of Zscaler Internet Access (ZIA). The security software was deployed on all ITS workstations and laptops. The software ran seamlessly and transparently, while analyzing incoming and outgoing internet traffic for cyber-threats. Just as important, ZIA did not have any impact on the performance of other City applications running on staff’s workstations or laptops.

The trial was extended to the Human Resources Department’s workstations and laptops ZIA proved to be effective in detecting and protecting the end user computer from cyber-threats by preventing employees from visiting malicious websites.

Today, Zscaler is considered a leader in the cloud security market. Its architecture provides scalability and flexibility, enabling the Information Technology Department (ITS) to quickly and easily deploy security policies across the network of end user devices. Previous deployed web filtering software such as Websense provided end user protection only while the employee was at work and while the workstation/laptop was on the City’s network.

This on-premise protection was offered via an appliance gateway that analyzed internet traffic to and from the internet. The security protection was lost as soon as the employee left the City’s network. However, with today’s modern web filtering software such as ZIA, the software protects the users’ workstation or laptop 24/7, anywhere in the world. This is accomplished through a client software installed on the user’s end device that is constantly communicating with ZIA’s threat detection database in the cloud. Specifically, ZIA protects users against malicious websites, malicious URL links, malware, phishing, adware/spyware, and cyberthreats including ransomware.

The following non-business-related URL categories will be incorporated into our Zscaler security policy since many forms of internet malware are often associated with websites pertaining to:

Online Gambling sites
Computer Hacking
Profanity
Hate and Extremism
Pornography
Guns and Weapons
Other Adult Themes
Infringement
Anonymizer sites
Blocked URLs

Zscaler will proactively display a warning message as well as block employees from visiting the above websites.

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Council Staff Report (ID # 4862) Meeting of May 2, 2023 Updated: 4/28/2023 8:07 AM by Alberto Quintanilla A Page 3 Consequently, staff is seeking authority to purchase additional licenses for all City laptops and workstations and renewal of those licenses for an additional year.

FISCAL IMPACT: Funds are appropriated for the Annual Software Licenses of the Zscaler Zero Trust Security Platform in the Information Technology Services Department Operating Fund FY 2022/23 operating budget (Fund 620). Funding for subsequent years will be requested as part of the City’s annual budget process.

ENVIRONMENTAL REVIEW: The purchase of computer software licenses is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATION:

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4863) DOC ID: 4863
Updated: 4/28/2023 8:09 AM by Alberto Quintanilla Page 1 HHAP AMENDMENT FOR HOMELESS SERVICES - Authorize the City Manager to Enter into an Amendment with Alameda County for Homeless Housing And Prevention Funds to Support the Housing Navigation Center and Other Services and Make Findings of CEQA Exemption
Contact Persons:

Name: Arquimides Caldera Suzanne Shenfil
Title: Deputy Director of Human Services Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2056 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: In February 2020, the City of Fremont applied for, and was awarded State Housing Homeless and Prevention (HHAP) program Round 1 and Round 2 funds, administered through Alameda County’s Office of Homeless Care and Coordination (OHCC).

The County has awarded the City HHAP Round 3 and Round 4 funding in the amount of $1,314,714. Eligible uses include: 1) Interim housing, including ongoing operations of the Housing Navigation Center, 2) Permanent housing, and 3) Operating subsidies for new and existing affordable or supportive housing units.

Staff recommends the City Council authorize the City Manager to execute an amendment with Alameda County, in an amount not to exceed $1,314,714, through June 30, 2024, and authorize the City Manager to further amend this agreement in anticipation of an extension of the term through June 30, 2025, and additional Round 4 funding being released by the State in the future.

BACKGROUND: The 2019-2020 California State Legislature passed AB 101, which established the HHAP program and allocated one-time funding to counties and continuums of care, for homeless services. HHAP funds were allocated based on the biennial homeless point-in-time count of sheltered and unsheltered persons.

Eligible uses for HHAP funds are broad and include rental assistance and rapid rehousing, operating subsidies for housing, landlord incentives, outreach and coordination, systems support, permanent supportive housing solutions, prevention, and new navigation centers and emergency shelters. Eligible applicants administer funds separately; however, jurisdictions were expected to demonstrate regional coordination.

Grantees may not use HHAP funding to supplant existing local funds for housing, assistance, or prevention. Up to 7% of a program allocation may be used for a jurisdiction’s administrative costs, which do not include staff costs or other costs directly related to implementing or carrying out activities. Programs utilizing HHAP funds must follow Housing First practices mandated by HUD and Section 8255 of CA Welfare Institutions Code.

In February 2020, the City of Fremont applied for, and was awarded $817,818 in HHAP Round 1 and Round 2 funds.

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Council Staff Report (ID # 4863) Meeting of May 2, 2023 Updated: 4/28/2023 8:09 AM by Alberto Quintanilla Page 2 DISCUSSION/ANALYSIS: To receive HHAP funding, the City of Fremont successfully applied for Alameda County’s Housing Solutions for Health Vendor Pool. The Health Vendor Pool established additional conditions for HHAP awards including effectively meeting the needs of groups most impacted by racial and ethnic disparities in the homeless popu lation.

Any project receiving HHAP funds must also utilize the Coordinated Entry System to accept referrals. Eligible uses for HHAP Round 3 and 4 Funding include:

1) Interim housing, including ongoing operations of the Housing Navigation Center, 2) Permanent housing, including hotel/motel conversions, and 3) Operating subsidies for new and existing affordable or supportive housing units.

FISCAL IMPACT: The HHAP Round 3 & 4 agreement amount for $1,314,714 will support ongoing operations of the Housing Navigation Center and services targeted for those experiencing homelessness. Program costs associated with this funding will be included in the FY 2023/24 adopted budget. A second allocation of Round 4 funding in the amount of $483,791, may also be awarded by OHCC at a future date, pending State appropriation of funds.

HHAP Round 3 & 4 Funding

1st Allocation 2nd Allocation* Total
Round 3 830,923 - 830,923 Round 4 483,791 483,791 967,582 Total: 1,314,714 483,791 1,798,505 * 2nd allocation is pending State Allocation

ENVIRONMENTAL REVIEW: Approval of the agreement with Alameda County is exempt from review under the California Environmental Quality Act (CEQA) pursuant to without limitation, CEQA Guideline Section 15378, as it is an administrative or fiscal activity governmental activity that will not result in direct or indirect change in the environment ; and/or 15061(b)(3). Each of the foregoing provides a separate and independent basis for exemption.

ATTACHMENTS: None.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Maintenance
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4870) DOC ID: 4870
Updated: 4/26/2023 3:45 PM by Susan Gauthier Page 1
PURCHASE OF FLEET VEHICLES - Approve Purchase Order with Deere & Company for the Purchase of Two Wide Area Lawn Mowers in an Amount Not to Exceed $170,940.62, through a Cooperative Agreement with Sourewell; Exempt from CEQA Review per Guideline 15061.

Contact Persons:

Name: Mark Collins Hans Larsen
Title: Fleet Maintenance Manager Public Works Director
Div/Dept: Maintenance Public Works
Phone: 510-979-5739 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to authorize the purchase of two lawn mower vehicles to replace current aging equipment.

BACKGROUND: The two wide area mowers that staff recommend for replacement have reached the end of their useful life and are incurring increased mechanical failures, downtime, and maintenance costs that require they be replaced before costs become prohibitive. The two mowers are scheduled for replacement and funds for that purpose have been appropriated for Fiscal Year 2022/23. The two mowers are used by the Community Services Department for staff performing park maintenance.

In 2022, maintenance staff met with the Community Services Department to determine the vehicle make and model that would best meet their operational needs for the two lawn mowers. Staff compared the available vendor pricing and contract pricing from other public agencies for the purchase of the mowers and determined the pricing from Deere & Company from the Sourcewell Contract #031121-DAC provides fair and competitive pricing for the two wide area mowers.

As part of the City’s environmental sustainability program and Climate Action Plan, staff has explored converting to electric lawn mowers. However, at this time, equipment manufacturers have not yet produced electric lawn mowers that are suitable for the City’s park maintenance needs.

DISCUSSION/ANALYSIS: The City has the opportunity to realize cost savings for the purchase of the two wide area mowers using the Sourcewell cooperative purchasing program that is part of the local government and is a political subdivision of the State of Minnesota. City staff have reviewed Sourcewell’s competitive bid and solicitation processes and have found Sourcewell’s procurement methods to comply with the City of Fremont Purchasing Code Chapter 3.20 requirements, which allow the City to “piggyback” on to their purchase contracts without competitive bidding for the purchase of the two wide area mowers.

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Council Staff Report (ID # 4870) Meeting of May 2, 2023 Updated: 4/26/2023 3:45 PM by Susan Gauthier Page 2
Equipment Cost and Funding:

EQUIPMENT TYPE VENDOR GOVERNMENT

PURCHASE

CONTRACT

COST FUNDING
SOURCE

WIDE AREA LAWN
MOWER

DEERE &

COMPANY
SOURCEWELL #
031121-DAC
$170,940.62 FUND 610

FISCAL IMPACT: The FY 2022/23 adopted budget for the Vehicle Replacement Fund (Fund 610) provides sufficient funds for the $170,940.62 purchase of the two mowers.

ENVIRONMENTAL REVIEW: Purchase of this equipment is not subject to the review under the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per the CEQA Guidelines Section 15061 (b) (3).

ATTACHMENTS: None.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4887) DOC ID: 4887
Updated: 4/27/2023 1:32 PM by Alberto Quintanilla Page 1 HOMELESSNESS RESPONSE STRATEGIC PLAN SERVICE AGREEMENT – Authorize the City Manager or their Designee to enter into an Agreement with EdeColigny Consulting, LLC, for the planning and development of a City-wide Strategic Plan to Respond to Homelessness, in the amount of $112,000.

Contact Persons:

Name: Laurie Flores Allen DeMers
Title: Homeless Services Manager Assistant to the City Manager Div/Dept: City Manager's Office City Manager's Office
Phone: 510-574-2040 510-494-4651
E-Mail: [email protected] [email protected]

Executive Summary: This staff report requests that City Council approve the execution of a Standard Services Agreement, with EdeColigny Consulting, LLC, to provide consulting services for the development of a City-wide Homelessness Response Strategic Plan, in alignment with Council Priorities.

BACKGROUND: Homelessness continues to be one of the most complex challenges in the Bay Area and the City Council recently reaffirmed that addressing homelessness is one of its top priorities. At the May 3, 2022 City Council meeting, the Council passed a resolution endorsing Alameda County’s Home Together 2026 Community Plan to end homelessness.

Home Together 2026 is Alameda County’s strategic alignment plan which prioritizes funding for effective programs that prevent, address and end homelessness. At the October 18, 2022 City Council meeting, staff presented a report summarizing the City of Fremont’s citywide coordinated efforts and resources to respond to encampments and operate programs serving unhoused residents. In that meeting, staff also identified that the development of a Fremont-specific strategic plan to address homelessness would be a key next step to support the City Council’s priority of addressing homelessness.

On December 15, 2022 staff posted a Request for Proposals (RFP) and encouraged vendors to submit proposals of their qualifications to develop a plan to guide the City in a comprehensive response to homelessness, inclusive of long-term best-practice recommendations to assist in reducing overall homelessness, alignment with the Alameda County Home Together 2026 plan, and a framework to respond to the street level community impacts of homelessness.

DISCUSSION/ANALYSIS: The City received six responsive proposals. A cross- departmental team of City Staff from the City Manager’s Office, Community Development, Community Services, Fire, Human Services, and Police Departments reviewed and scored all six proposals. EdeColigny Consulting, LLC scored the highest on the proposal review .

A subgroup of staff from Human Services and the City Manager’s Office interviewed the top three scoring respondents. During this interview round, EdeColigny Consulting, LLC demonstrated the most direct knowledge of Alameda County’s resources, regional resource availability, and Homeless Management Information System. While several vendors proposed intriguing individual elements in their proposals, the EdeColigny Consulting, LLC

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Council Staff Report (ID # 4887) Meeting of May 2, 2023 Updated: 4/27/2023 1:32 PM by Alberto Quintanilla Page 2 proposal was ranked the highest amongst respondents due to its comprehensive inclusion of the following elements:
• A cost-effective plan that closely aligns with budgeted City resources. • The inclusion of a racial equity lens intended to address the disparate impact of homelessness in the Bay Area.
• A project team of experienced professionals with decades of experience in consulting, non-profit service delivery, and local government. • The intent to incorporate the perspective and needs of unhoused community members by including project team members with lived expertise to facilitate engagement with unhoused community members input on the plan. • A plan to balance the coordination of internal processes for encampment response, while developing a work product that provides a roadmap to reduce inflow into homelessness; reduce suffering of those currently experiencing homelessness and increase solutions to resolve homelessness.
• A comprehensive communication and stakeholder outreach plan which includes engaging Fremont’s residents and business community through community work sessions and surveys.
• The intent to create a balanced plan that will be visionary and aspirational in its objectives but practical in its construction and local applications to the City of Fremont.

The assembly and implementation of the plan is anticipated to take approximately 8 months, beginning with a landscape analysis of existing resources and programs, with a complete plan expected by winter of 2023/24.

FISCAL IMPACT: Staff anticipate that the $112,000 agreement with EdeColigny, LLC will cover 100% of the consulting and project costs. In anticipation of the strategic planning effort, the City has already appropriated sufficient funding for the Homelessness Response Strategic Plan in fund 001(Human Services Administrative Fund), in the FY 2022/23 City budget.

ENVIRONMENTAL REVIEW: The authorization of an agreement with EdeColigny, LLC to provide strategic consulting services, is exempt from review under the California Environmental Quality Act (CEQA), each as a separate and independent basis, pursuant to CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or 15061(b)(3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

ATTACHMENTS: None.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4871) DOC ID: 4871
Updated: 4/25/2023 8:56 AM by Alberto Quintanilla Page 1 SENIOR HOUSING COORDINATION AMENDMENT - Authorize the City Manager to Execute Amendments Extending The Term of Agreement with Eden Housing Resident Services, Inc., to Provide Senior Service Coordination Services at Senior Housing Facilities in Fremont through December 2024 and Making Findings of CEQA Exemption
Contact Persons:

Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont Human Services Department’s Aging and Family Services Division provides a Program Coordinator and related support staff and services to seniors and disabled residents residing at four Eden Housing affordable housing facilities located in Fremont: Cottonwood Senior Housing, Redwood Lodge Apartments, Sequoia Manor, and Pauline Weaver Senior Apartments.

Staff recommends the City Council Authorize the City Manager to extend the term of City’s current service agreement with Eden Housing Resident Services, Inc. (Eden), by two additional one-year terms, in an amount not to exceed $194,174 for the period of January 1, 2023 through December 31, 2023 and $205,826 for the period of January 1, 2024 through December 31, 2024.

BACKGROUND: In April 2012, Eden Housing Resident Services, Inc. (Eden), an affiliate of Eden Housing, Inc., contracted with the City for the Human Services Department’s Aging and Family Services (AFS) division to provide supportive senior coordination services to residents at Cottonwood, its new senior affordable housing complex. The Senior Services Coordinator was initially part-time and became full-time in January 2013 when Eden and the City agreed to expand these services to two additional Fremont housing complexes:

Redwood Lodge (for disabled residents) and Sequoia Manor (for seniors). In January 2019, Eden requested an expansion of services to the newly built Pauline Weaver Senior Apartments located in the Warm Springs Area.

DISCUSSION/ANALYSIS: In order for seniors to successfully remain living independently in senior housing complexes, it is a best practice to have a senior service coordinator located on-site. The Human Services Department’s staff has extensive experience in providing a variety of senior support services and referrals and can leverage existing program operations.

The City provides a 1.0 FTE Program Coordinator, referred to as a Senior Services Coordinator, who has offices at the four complexes. The Coordinator provides information about senior services, including those services provided by AFS. The Coordinator also facilitates community-building activities such as educational workshops, trainings, discussion groups, and volunteer opportunities, which help to establish peer support

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Council Staff Report (ID # 4871) Meeting of May 2, 2023 Updated: 4/25/2023 8:56 AM by Alberto Quintanilla Page 2 systems; and develops service coordination plans for all residents who elect to participate in on-site services. The Senior Service Coordinator works cooperatively with Eden’s on -site property manager(s). To accommodate the expansion to a fourth site, the City also provides a Senior Services Assistant, hired as Public Services Assistant II (PSA II).

FISCAL IMPACT: Eden anticipates providing two one-year amendments. Eden will provide $194,174 in funding for the current calendar year of January 1, 2023, through December 31, 2023. In anticipation of this amendment, the City Council appropriated sufficient funding for this program as part of the FY 2022/23 Operating Budget.

Eden and staff anticipate a second amendment in the amount not to exceed $205,826 for the calendar year of January 1, 2024, through December 31, 2024. Sufficient funding will be included in the proposed FY 2023/24 operating budget to cover future program costs.

This funding will be used to support a 1.0 FTE Program Coordinator position, a 0.875 FTE temporary PSA II, City overhead expenses and program expenses.

Calendar
Year
Amendment
Amount
January 1 – December 31, 2023 $194,174
January 1 – December 31, 2024 $205,826
Total: $400,000

ENVIRONMENTAL REVIEW: This action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), 4) and/or (5) and/or 15061(b)(3) in that it is a continuing administrative, organization or fiscal activity of the City that has not potential to cause a significant adverse effect to the physical environment, either directly or indirectly. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4857) DOC ID: 4857
Updated: 4/26/2023 3:42 PM by Susan Gauthier Page 1

ENDPOINT DETECTION AND RESPONSE (EDR) SOFTWARE RENEWAL - Authorize the City Manager, or Designee, to Issue a Purchase Order and to Execute Implementing Documents with ePlus Technology, Inc., for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution.

Contact Persons:

Executive Summary: In FY 2021/22, the City deployed a robust endpoint detection and response (EDR) tool. This technology is used to protect computer hardware devices from potential Cybersecurity threats. The existing software licenses expire on June 02, 2023.

The annual software licenses cost for the Crowdstrike Endpoint Detection and Response (EDR) Solution for the period of June 03, 2023 through June 02, 2024, is $110,158.43. The amount of the annual software licenses exceeds $100,000 and requires City Council approval.

BACKGROUND: The Information Technology Services (ITS) Cybersecurity Program has been continuously expanding and improving the City’s capabilities to monitor in real -time city-wide information system assets for anomalies and malicious behaviors, which result in the detection and reductions in response time to cyberthreats, such as malware, ransomware, distributed denial of service (DDoS), spoofing, backdoor, tampering, spam, and phishing attacks. In addition, the ITS Cybersecurity Program has been improving the City information systems and data backup practices by investing in modern backup and recovery technologies. This ensures a secure and current City information systems backed- up data storage and optimized system restoration process in the event of cyber-attack and/or data loss. The program also focuses on communicating cybersecurity trends and cybersecurity best practices to City Staff and to equip them with the information they need to become human firewalls.

One of the tools deployed to protect City technology assets and network infrastructure is an Endpoint Detection and Response (EDR) Solution: Crowdstrike Falcon Complete Solution.

DISCUSSION/ANALYSIS: In March 2021, City staff developed a Request for Proposals (RFP) that was issued and posted on Periscope Holdings (BidSync.com). In response to the RFP, the City received six proposals.

After evaluation, the City selected the top proposer— CrowdStrike, Inc. as the Endpoint Detection and Response (EDR) Solution provider that best meets the needs for real-time security threat reporting, threat detection, adaptive security, dynamic data protection, and automated incident response to potential cybersecurity threats to the City.

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Council Staff Report (ID # 4857) Meeting of May 2, 2023 Updated: 4/26/2023 3:42 PM by Susan Gauthier Page 2
The Falcon Complete Solution from CrowdStrike, Inc. provides the City with:

• Next generation anti-virus which incorporates Artificial Intelligence/Machine Learning techniques.
• 24 x 7 management, monitoring, response, and threat hunting. • Identify security threats and prevent security breaches. • Machine learning for malware protection, indicator of attack (IOA) behavioral blocking and exploit blocking.
• Advanced Firewall Management.

The solution provides a cost-effective way to monitor cyberthreats with limited cybersecurity resources available. The Crowdstrike Falcon Complete solution analyzes over 2.5 trillion endpoint-related events per week in real time from all over the world. By leveraging this massive database, the solution ensures that incidents are handled in a timely manner, and drastically reduces the risks of a serious breach.

The solution also provides extensive capabilities to create custom reports and dashboards on threat alerts, intelligence, technical and C-Level reports, that enable the City to have greater overall visibility of current potential cybersecurity threats facing the City.

The Crowdstrike Falcon Complete endpoint detection and response solution which is deployed in the City’s network infrastructure is a critical tool for the ITS Cybersecurity Program’s success against cyber security threats. Consequently, staff is recommending renewing the software licenses for an additional two years. Software license renewal is exempt form competitive purchasing requirements pursuant to Fremont Municipal Code section 3.20.280(c).

FISCAL IMPACT: Funds are appropriated for the Annual Software Licenses of the Crowdstrike Endpoint Detection and Response (EDR) Solution in the Information Technology Services Department Operating Fund FY 2022/23 operating budget (Fund 620). Funding for subsequent years will be requested as part of the City’s annual budget process.

ENVIRONMENTAL REVIEW: The renewal of computer software licenses is exempt from and not subject to review under the California Environmental Quality Act (CEQA) be cause, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance

ATTACHMENTS: None.

LINKS: None.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Plans, Policies and Studies

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4874) DOC ID: 4874
Updated: 4/26/2023 4:07 PM by Susan Gauthier Page 1
MILITARY EQUIPMENT ANNUAL REPORT – Annual Review and approval of military equipment possessed and utilized by the Fremont Police Department (FPD) for the reporting period of April 2022 to March 2023 Contact Persons:

Name: Matthew Snelson Lance Brede
Title: Police Captain Deputy Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6874 (510) 790-6930
E-Mail: [email protected] [email protected]

Executive Summary: The Fremont Municipal Code Chapter 8.80 Military Equipment Use requires the Fremont Police Department (FPD) to produce an annual military equipment use report. The Fremont City Council utilizes the annual report as a mechanism to ensure FPD's compliance with the Military Equipment Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Policy for the subsequent year. FPD has submitted the required annual report covering the reporting period of April 2022-March 2023, held a required community engagement event, and now seeks council review and approval for continued use of the approved equipment.

BACKGROUND: Government Code sections 7070 through 7075 require 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. On May 3, 2022, the Fremont City Council adopted ordinance 04-2022 and established Fremont Municipal Code (FMC) Title 8 Health and Safety, Chapter 8.80 Military Equipment Use. FMC Section 8.80.050 requires that the Police Department annually submit a report to the City Council providing the following:

• A summary of how the Military Equipment was used and the purpose of its use. • A summary of any complaints or concerns received concerning the Military Equipment.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. • The total annual cost for each type of Military Equipment, including acqui sition, 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.
• The quantity possessed for each type of Military Equipment. • If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

In addition, the Police Department must make the annual Military Equipment Report available on its internet website and hold a community engagement meeting where the

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public can discuss and ask questions regarding the report and the military equipment used by the Police Department.

Once the report is submitted, the City Council shall determine, based on the annual Military Equipment Report, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in the FMC 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.

DISCUSSION/ANALYSIS: With this report, FPD has submitted the required annual report documenting all required information for the reporting period of April 2022 to March 2023.

In compliance with the ordinance, the report was posted publicly on March 28, 2023, on the transparency section of FPD’s website. A well-publicized and conveniently located community engagement event was held on March 29, 2023, where all approved military equipment was available for public viewing and discussion. The public event was held in the front parking lot of FPD and the front lobby of FPD. Two news organizations and more than 40 community members attended the event. No significant community concerns were noted during or after the event regarding any of the equipment on display.

FPD is seeking City Council review and approval for the continued use of all authorized military equipment identified in the annual report as well as the equipment listed in Exhibit 1 of FPD’s Military Use Policy (708), which are included with this report. As shown in the annual report, FPD used some but not all of the listed equipment and received no complaints or concerns associated with the use of the listed military equipment. In addition, FPD had no policy violations associated with deployment or use of the military equipment.

Consequently, the FPD has complied with the requirements of FMC Chapter 8.80 and the Military Use policy for the period covered in the annual report.

In order to approve the continued use of the currently authorized military equipment by Fremont Police Department, 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 rights, and civil liberties. All of the equipment listed in the policy was designed to enhance law enforcement’s ability to ensure public safety and welfare and was not obtained from the military. The 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:

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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 FPD 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.

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.

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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:

The FPD 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:

When in compliance with FPD’s De-escalation and Use of Force Policy, the currently approved rifles allow officers 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 risk and dangerous arrest operations, utilizing minimal force. The 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.

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

The use of 40mm projectile launchers are 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.

For the above listed reasons and based on the annual report, staff recommends that City Council approve the continued use of the currently authorized military equipment.

FISCAL IMPACT: In compliance with Municipal Code Chapter 8.80, FPD’s annual military equipment report details the total annual cost for each type of Military Equipment. This includes costs for 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.

During this reporting period, Fremont Police Department spent approximately $98,969.33 for equipment and training specified in AB 481. The total expenditures represent 0.092% of Fremont Police Department’s operational budget ($106,794,404 for FY2022/23). No grant funding was utilized for training or equipment acquisition during this reporting period.

During the upcoming year, FPD has received prior approval by City Council to acquire the following equipment and plans to move forward with the future purchases.

Purchase one DJI Matrice 30T UAS
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS Grant Fund 151
Purchase two DJI Mavic 3 UAS
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS Grant Fund 151
Purchase eighteen PepperBall VKS launchers
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS Grant Fund 151

ENVIRONMENTAL REVIEW: Receiving and approving the Annual Military Equipment Use Report and Exhibit 1 of FPD’s Military Use Policy is an administrative government activity that is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environmen t per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS:
• April 2022 - March 2023 Annual Military Equipment Use Report • Exhibit 1

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RECOMMENDATIONS:

1. Receive and approve the Fremont Police Department April 2022 – March 2023 Annual Military Equipment Use Report.

3. Approve the continued use of the currently authorized military equipment by Fremont Police Department as identified in Exhibit 1 of Fremont Police Department’s Military Use Policy.

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Fremont Police Department
April 2022 - March 2023
Annual Military Equipment Use Report
2000 Stevenson Blvd.

Fremont, CA 94538
www.fremontpolice.gov

INSIDE THIS REPORT

• Our Mission, Vision, and Values ..………………………………………………………………………………………………… 2 • Preface ………………………………………………………………………………………………………………………………………... 3 • Background: Assembly Bill 481 ……………….…………………………………………………………………………………… 4 • Summary and Quantity of Military Equipment ………………………………………………………………..…………… 5 • Military Equipment Use ……………………………………………………………………………………………………………. 6-8 • Summary of Complaints ...………………………………………………………………………………………………..………….. 9 • Summary and Responses to Military Equipment Policy Use Violations ….……………...………………..…. 10 • Fiscal Impact ..…..………………………………………………………………………………………………………………….…… 11 • Training Summary and Costs ……………………………………………………………………………….…………………….. 12 • Equipment Costs ………………………………………………………………………………………………………………………. 13 • Projected Acquisitions ………………………………………..……………………………………………………………………….14 • Conclusion …………………………………………………………………………………………………………….………………….. 15

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OUR MISSION, VISION, AND VALUES
• Our Mission is to provide "Public Safety through Professional Law Enforcement" • Our Vision is "A continuing Tradition of Excellence"
• Our Values are:
 Dedication - Fremont Police employees are loyal to the community, profession, and organization. We fulfill our mission by constantly improving and acting in a selfless manner.
 Integrity - Fremont Police employees are fully forthcoming and honest. We do not hide our mistakes. We derive our authority from the community. Integrity, truthfulness, and justice are the cornerstones of our interaction with each other, with our community, and our profession.
 Professionalism - Fremont Police employees strive to do the right thing all the time, based on our skills and knowledge. We subscribe to a rigorous code of conduct and continued self-development. We represent the organization and the profession in a positive way.
 Community Partnership – Fremont Police employees value our relationship with the community. Effective policing requires public trust and support. We work to build trust, cooperation, and communication with all members of our public.

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April 2022 - March 2023
Annual Military Equipment
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PREFACE

Fremont Police Department (FPD) is committed to maintaining public trust, community partnership, transparency, accountability, best practices and compliance with the law. As such, the Department has developed and published this Military Equipment Use Report in accordance with Assembly Bill 481, Government Code 7072 and FPD Military Equipment Use Policy. In April 2022, the Fremont City Council approved the FPD’s use of the listed equipment. This document reports on information covering the period of April 2022—March 2023. The following information is included in this report (Government Code 7072(a)):

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/or any actions taken in response.

4. The total annual costs for each type of military equipment, including acquisitions, 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. The additional military equipment FPD intends to acquire in the next year, and the quantity sought for each type of military equipment.

EQUIPMENT OVERVIEW:

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. FPD 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 the Federal government. It is the policy of Fremont Police Department to acquire and use equipment designed to enhance municipal law enforcement's ability to ensure public safety and welfare.

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, and officer safety.

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BACKGROUND: ASSEMBLY BILL 481
On September 30, 2021, Governor Newsom approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

Effective January 1, 2022, AB 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment use report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards.

Finally, the bill requires publication of the military equipment use policy and the annual military equipment use report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.

The full text of AB 481 is available at https://www.fremontpolice.gov/ab481.

Fremont Police Department
April 2022 - March 2023
Annual Military Equipment
Use Report
The term "military equipment," as used in Government Code § 7070, in fact does not necessarily indi- cate 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.

It is the policy of FPD to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. It is the policy of FPD 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 use. California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this report, and FPD Military Equipment Use Pol- icy includes information for any such equipment types that are utilized by Fremont Police Department.

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SUMMARY AND QUANTITY OF MILITARY EQUIPMENT
The following constitutes a list of military equipment utilized by the Department that meets the statutory definition of military equipment:

1. Unmanned Aerial Systems (UAS/Drones) (Current Quantity: 17)

2. City of Fremont Mobile Command Vehicle (MCV) (Current Quantity: 1)

3. Lenco BearCat G2 (Current Quantity: 1)

4. Lenco BearCat/MedEvac (Current Quantity: 1) - Shared with San Leandro

5. Ford Transit – 350 Crew (Current Quantity: 1 )

6. Icor Caliber T5 Robot (Current Quantity: 1)

7. Defense Technologies Low Roll 12 gram non reloadable distraction device with safety clip (Current Quantity: 75)

8. Deftech LMT 40 mm kinetic energy projectiles with 40 mm projectiles (Current Quantity: 110)

9. Tippmann FTC Pepper-ball launchers (Current Quantity: 14)

10. Remington Breaching Shotgun (Model 870, 12 Gauge) (Current Quantity: 25)

11. Sig Sauer MCX Virtus multi-caliber 223/556/300 black-out rifle and ammunition (Current Quantity: 11)

12. Sig Sauer MCX multi-caliber modular rifle, 300 BLK 5.75" duty barrel, a 5/56 caliber 11" barrel (Current Quantity: 27)

13. Rock River Arms, LAR -15 (Current Quantity: 11 )

14. Pepper-ball VKS Launcher (Current Quantity: 6 )

15. Defense Technologies CS Gas systems (Current Quantity: 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)

16. Defense Technologies flashbang systems (Current Quantity: 100 - Meter 40mm Aerial Flashbang- 24, 75 - Meter 40mm Aerial Flashbang- 6 )
It should be noted, the numerical inventory of military equipment may fluctuate based upon a variety of reasons. Factors suc h as operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines or schedules may change the quantity of inventory. Fremont Police Department is committed to providing the most accurate military equipment inventory and information at the time of the publication of this report. The current inventory list of FPD military equipment can be found at https://www.fremontpolice.gov/ab481.

Fremont Police Department
April 2022 - March 2023
Annual Military Equipment
Use Report

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MILITARY EQUIPMENT USE
Fremont Police Department
April 2022 - March 2023
Annual Military Equipment
Use Report
This section outlines the military equipment usage for April 2022 - March 2023 by Fremont Police Department. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is NOT captured in this section. This section only provides data for the OPERATIONAL USE of military equipment listed within this annual report.

The mere possession of the equipment does not warrant its use for every incident.

The following is the data for military equipment usage by category for this reporting period:

1. UNMANNED AERIAL S YSTEMS (UAS/DRONES)

Unmanned Aerial Systems, also commonly referred to as “drones” were utilized a total of 621 times during this reporting period. These deployments include:

• UAS was deployed to conducting overwatch and intelligence gathering for investigative, specialty units, and SRT during critical incidents and investigations. • Assisting patrol with establishing overwatch during perimeters, search and rescue for missing at-risk persons, and
• Conducted aerial evidence collection for the traffic unit at the scene of major collisions.

2. MOBILE COMMAND VE HICLE (MCV)

The Mobile Command Vehicle (MCV) was deployed a total of 8 times during this reporting period.

These deployments include:

• Support for SRT preplanned operations
• Special Events such as shop-with-a-cop.

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3. LENCO BEARCAT G2

The Bearcat was deployed 18 times during this reporting period. These deployments include:

• SRT deployment for a pre-planned operations

• Patrol deployments during critical incidents where there is imminent threat to life.

4. LENCO BEARCAT/MED EVAC

The Bearcat/Medevac was deployed 2 times during this reporting period. Both deployments were in support of high-risk search/arrest warrants for outside agencies.

5. FORD TRANSIT - 350 CREW (HOSTAGE NEGOT IATOR TEAM)

The Ford Transit van is deployed exclusively with the Hostage Negotiator Team (HNT). The van was deployed 4 times during this reporting period. Some of the deployments include:

• Support for SRT preplanned operations

• Community Safety Faire

6. ICOR CALIBER T5 R OBOT

The ICOR Caliber T5 Robot was deployed 5 times during this reporting period. These deployments include: Assisting with a search during a Special Response Team (SRT) arrest warrants and pre-planned operations

7. DEFENSE TECHNOLOGI ES LOW ROLL 12 GRAM NON-RELOADABLE DISTR ACTION DEVICE WITH SAFETY CLIP (MODEL: 8902NR)

The Defense Technologies Low Roll 12 Gram Non-Reloadable Distraction Device with Safety Clip has been deployed 0 times during this reporting period.

8. DEFENSE TECHNOLOG IES LMT 40 MM KINETIC ENERGY PROJECTILES WITH 40MM

PROJECTILES

The Defense Technologies LMT 40 MM Kinetic Energy Projectiles was deployed/discharged 7 times during this reporting period. These deployments include the pursuit and apprehension of violently resisting suspects.

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9. TIPPMANN FTC PEPP ER BALL LAUNCHERS

The Tippmann FTC Pepper Ball Launchers were deployed/discharged 1 time during this reporting period. During that incident a suspect was barricaded and refused to comply with officers when challenged to show his hands.

10. REMINGTON BREACH ING SHOTGUN (MODEL 8 70, 12 GAUGE)

Remington Breaching Shotguns was deployed/discharged 0 times during this reporting period.

11. SIG SAUER MCX VI RTUS MULTI -CALIBER 2 23/556/300 BLACK -OUT RIFLE AND AMMUNITIO N

Sig Sauer MCX Virtus Multi-Caliber 223/556/300 Black-out rifles were deployed/discharged 0 times during this reporting period.

12. SIG SAUER MCX MULTI-CALIBER MODULAR RIFLE, 300 BLK 5.75" DUTY BARREL, A 5/56 CALIBER 11" BARREL

Sig Sauer MCX multi-caliber modular rifle were deployed/discharged 0 times during this reporting period

13. ROCK RIVER ARMS, LAR-15

Rock Ricker Arms LAR-15s were deployed/discharged 0 times during this reporting period

14. PEPPER BALL VKS LAUNCHER

Pepper ball VKS Launchers were deployed/discharged 0 times during this reporting period.

15. DEFENSE TECHNOLO GIES CS GAS SYSTEMS

Defense technologies CS gas systems which include: Pocket Tactical CS, Spede Heat CS, 40mm Ferret Round CS, Tri-chamber flameless CS, Triple Chaser CS, Han-ball CS, and 75-yard 40mm Spede heat CS; were deployed 0 times during this reporting period.

16. DEFENSE TECHNOLO GIES FLASHBANG SYSTEMS

Defense technologies flashbang systems which include the 100 Meter 40mm Aerial Flashbang and the 75 Meter 40mm Aerial Flashbang; were deployed 0 times during this reporting period.

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SUMMARY OF COMPLAINTS OR CONCERNS

Fremont Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

There were 0 formal complaints, or officer involved shootings related to the use of military equipment as investigated by Fremont Police Department’s Internal Affairs Unit during this reporting period.

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:

1. Via email to: [email protected]

2. Via phone call to: 510-790-6900

3. Via mail sent to: Fremont Police Department, 2000 Stevenson Blvd, Fremont, CA 94538

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SUMMARY AND RESPONSES TO MILITARY EQUIPMENT USE

POLICY VIOLATIONS

FPD did not have any policy violations with the deployment or use of military equipment; therefore, it did not need to conduct any internal audits.

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FISCAL IMPACT

Fremont Police Department is budgeted for 202 sworn officers, 17 Community Service Officers (CSOs), 32 dispatchers, and 71.5 full time and part-time professional staff. The operating budget for the department for the 2022-2023 fiscal year is $106,794,404.00.

The City of Fremont adopts an operating budget on a fiscal year basis (beginning July 1). The equipment owned and possessed by the department was approved in April of 2022 by the City of Fremont City Council. The cost of equipment purchases and expenditures is reflected in this report for April 2022 to March 2023 pursuant to Assembly Bill 481.

During this reporting period, Fremont Police Department spent approximately $98,969.33 for equipment and training specified in AB 481. The total expenditures represent 0.092% of Fremont Police Department’s operational budget. No grant funding was utilized for training or equipment acquisition during this reporting period.

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TRAINING SUMMARY
The safe and proficient use of the equipment outlined by AB481 requires countless hours of initial and on-going training as well as required certifications. Most training for department personnel is conducted internally by department personnel to ensure adherence to law and policy. There are times when department personnel are sent to external training courses to enhance and supplement internal trainings and to obtain train the trainer certifications. Consumable and non-consumable equipment are used during training to ensure proficiency and competency during real-life emergencies. Funding sources for all internal and external training are reflected in the Fremont Police Department’s operations budget. https://www.fremont.gov/government/departments/finance/financial-reports

TRAINING COSTS
The following is a breakdown of training costs associated with each piece of authorized military equipment. The quantity captured within the “consumable equipment” column indicates equipment that was expended during training. The personnel cost of training is captured in the department’s general operating budget to include line-items in the Training Unit budget as well as individual department units who train to utilize authorized military equipment.

Equipment Consumable
Equipment Used
Total
Cost # External Train-
ing
Unmanned Aerial System (UAS/Drones) $0 $21,476.34 1. $21,476.34 City of Fremont Mobile Command Vehicle (MCV) $0 $0 2. $0 Lenco BearCat G2 $0 $0 3. $0
Lenco BearCat/MedEvac $0 $0 4. $0
Ford Transit—350 Crew $0 $0 5. $0
Icor Caliber T5 Robot $0 $0 6. $0
Defense Technologies Low Roll 12 Gram with Safety Clip $211.95 $552.37 7. $340.42 Deftech LMT 40 MM Kinetic Energy Projectiles $400.00 $400.00 8. $0 Tippmann FTC Pepper-ball Launchers $261.50 $7,155.39 9. $6,893.89 Remington Breaching Shotgun (Model 870, 12 Gauge) $1,500.00 $1,500.00 10. $0

11. Sig Sauer MCX Virtus Multi-Caliber 223/556/300 $18,900.00 $18,900.00 $0

12. Sig Sauer MCX Multi-Caliber Modular Rifle, 300 BLK 5.75 $0 $0 $0

13. Rock River Arms, LAR—15 $0 $0 $0

14. Pepperball VKS Launcher $0 $0 $0

15. Defense Technologies CS Gas Systems $31.25 $31.25 $0

16. Defense Technologies Flashbang Systems $1,025.00 $1,025.00 $0 Total: $22,329.70 $51,040.35 $28,710.65

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EQUIPMENT COSTS

The following were the equipment related expenditures for April 2022 to March 2023. Also listed is the projection of expenses in calendar year 2023. Equipment expenditures include the acquisition of new equipment, the replacement or repair of damaged equipment, and the ongoing maintenance of our AB 481 military equipment which are captured in our Annual Maintenance/Replacement column.

# Equipment Type Acquisitions Annual Maintenance/
Replacement
Projections

1. Unmanned Aerial Systems (UAS) $0 $43,631.87 $64,831.87

2. Mobile Command Vehicle (MCV) $0 $1,461.38 $1,461.38

3. Lenco BearCat G2 $0 $1,223.28 $1,223.28

4. Lenco BearCat/MedEvac $0 $0 (San Leandro PD pays) $0

5. Ford Transit—350 Crew $0 $344.25 $0

6. I-Cor T5 Robot $0 $0 $0

7. Defense Technologies Low Roll 12
*Training Devices Included*
$0 $1,236.95 $1,236.95

8. Deftech LMT 40mm Kinetic Energy $0 $0 $0

9. Tippman FTC Pepper-ball Launchers $0 $0 $0

10. Remington Breaching Shotgun (870) $0 $0 $0

11. Sig Sauer MCX Virtus Multi-Caliber 223/556/300 $0 $0 $10,800.00 Riffle Spring Kit

12. Sig Sauer MCX Multi-Caliber Modular Rifle, 300
BLK 5.75
$0 $0 $0

13. Rock River Arms, LAR—15 $0 $0 $0

14. Pepperball VKS Launcher $0 $0 $31,176.00

15. Defense Technologies CS Gas Systems $0 $31.25 $31.25

16. Defense Technologies Flashbang Systems $0 $0 $0
TOTAL: $0 $47,928.98 $110,760.73

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PROJECTED ACQUISITIONS FOR 2023

While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental need.

These unexpected needs-based acquisitions will be in accordance with department policy and AB 481.

CONSUMABLE MILITARY EQUIPMENT
Consumable AB 481 military equipment acquisitions in the next 12-months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.

Categories of consumables are as follows:
• Ammunition- all calibers
• Diversionary Devices
• Chemical Agents and Smoke Canisters
• Specialty Munitions (40mm and Less Lethal Munitions)
• VKS Rounds
Non-consumables are as follows:
• Purchase (1) DJI Matrice 30T
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS grant fund 151
• Purchase (2) DJI Mavic 3
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS grant fund 151
• Purchase (18) PepperBall VKS launcher
• Approved by council on 12/20/2022
• Funding source: 2022/23 COPS grant fund 151

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CONCLUSION

This Annual Military Equipment Use Report is intended to not only adhere to the law and FPD policy, it also demonstrates our commitment to transparency with information provided to our community and elected officials. The equipment, resources, and training outlined in this report support Fremont Police Officers’ efforts to protect our communities, and enhance the safety of the public and officers. Our police department firmly believes responsible use of the equipment described in this report enhance our ability to deliver the highest level of professional, efficient and effective service when faced with incidents requiring a thoughtful law enforcement response.

Understanding law enforcement is a partnership between the police and community, we will continue to serve and do all we can to guard against harmful actions of a few individuals. FPD prides itself on providing “Public Safety through Professional Law Enforcement.” General Contact information:

Office of Professional Standards and Accountability

1. Via email to: [email protected]

2. Via phone call to: 510-790-6900

For more information on FPD Military Equipment visit: https://www.fremontpolice.gov/ab481

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Attachment: April 2022 - March 2023 Annual Military Equipment Use Report (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 1 Council Approved: 12/20/2022

EXHIBIT 1
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: 20 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 Matrice 30T: The DJI Matrice 30T (M30T) feature 54 km/h wind resistance and the ability to fly in snow, heavy rain (IP55 rating), and temperature as low as -20°C (4°F). The M30T comes with a 48MP 1/2″ CMOS sensor optical zoom camera (5-16×) optical and 200× digital zoom, a 12MP wide-angle camera, 8K photo 4K@30fps video resolution, 1920×1080@30fps FPV camera, and a laser rangefinder which can give the precise coordinates of objects up to 1,200 meters away. Additionally, the M30T features a 640×512 pixel radiometric thermal camera. Designed for harsh flight conditions, the DJI M30T comes with built-in advanced redundancy systems to help keep critical missions going even in unexpected scenarios. The M30T features three-propeller Emergency Landing. In the unlikely case of a motor malfunction during flight, the M30T can make an emergency landing with just three propellers/motors. In addition to DJI’s four-antenna OcuSYnc 3 communication system, the M30T features an LTE GSM link for backup transmission that allows it to maintain connection in complex terrains. While in FCC mode the range is up to 15KM, in CE/SRRC/MIC modes is 8Km. The TB30 intelligent flight 6S battery has a total power of 131.6 Wh and provides up to 41 minutes of flight time.

The expected hovering time is about 36 minutes. The smart battery pack has the following built-in safety features: Anti-Backflow, Short Circuit, Over Voltage, Over Current, and Temperature.

DJI Mavic Mini 3 Pro: The tiny and lightweight DJI Mini 3 Pro is sub-250g and is a member of DJI’s “Mini Series”. The Mini 3 Pro has the addition of a tri-directional obstacle avoidance system which is a significant improvement over its predecessors. The drone has many improved features from previous versions to include a bigger sensor – now a 1/1.3-inch CMOS chip; its lens's maximum aperture has been increased to a bright f/1.7; its video capabilities have been vastly improved; and the camera can be rotated 90 degrees, enabling the ability to capture stills and video in both landscape and portrait format.

DJI Mavic 3: Mavic 3 offers significantly improved imaging performance thanks to its 4/3 CMOS Hasselblad camera and 24mm-equivalent lightweight lens. It can record up to 5.1K/50fps or 4K/120fps videos. Mavic 3 Cine supports Apple ProRes 422 HQ, Apple ProRes 422, and Apple ProRes 422 LT encoding. The tele lens of the dual-camera system supports explore mode for 28x hybrid zoom, allowing to see more of the environment with ease. The flight experience has also been comprehensively improved with the flight time extended to 46 minutes and a hover time of 40 minutes. The incredibly stable O3+ technology, video transmission can reach up to 15 km and supports 1080p/60fps real-time transmission. DJI Mavic 3 is equipped with an omnidirectional obstacle sensing system, which is multiple wide-angle vision sensors onboard work together seamlessly with a high-performance vision computing engine to sense obstacles in all directions precisely and plan a safe flight route that avoids obstacles.

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

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 2 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 3 Council Approved: 12/20/2022

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. Since the development of the City of Fremont Public Safety UAS program in 2017, the Fremont Fire Department and the Fremont Police Department have supported each other in UAS operations and will continue to do so. 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 30T with a $14,000 price for the UAV. The allotted annual fiscal budget is $50,000 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 Unmanned Ariel Systems (UAS) 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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 4 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 5 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 6 Council Approved: 12/20/2022

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.

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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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 8 Council Approved: 12/20/2022

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

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 9 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 10 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 11 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 12 Council Approved: 12/20/2022

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

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 13 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 14 Council Approved: 12/20/2022

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

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 15 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 16 Council Approved: 12/20/2022

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.

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 17 Council Approved: 12/20/2022

Equipment Name: PepperBall VKS launcher- CA Gov’t Code § 7070 (c)(12) Quantity Owned/Sought: 24 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: Approximately $1,200 per unit
Legal/Procedural Rules Governing Use: The use of the pepper ball launcher is governed by Fremont Police Department Control Devices and Techniques Policy 305.7.2.

Training Required: The training for the use of the pepper ball launcher is governed by Fremont Police Department Control Devices and Techniques 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

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 18 Council Approved: 12/20/2022

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

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 19 Council Approved: 12/20/2022

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).

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) 20 Council Approved: 12/20/2022

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 Munition 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).

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Attachment: Exhibit 1 (4874 : MILITARY EQUIPMENT ANNUAL REPORT) Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4879) DOC ID: 4879
Updated: 4/26/2023 4:15 PM by Susan Gauthier Page 1

PURCHASE OF IN-CAR VIDEO SYSTEMS, BODY-WORN CAMERAS, DIGITAL

EVIDENCE MANAGEMENT SYSTEM, AND CONDUCTIVE ENERGY DEVICES FOR THE POLICE DEPARTMENT - Authorize the City Manager, or Designee, to Execute an Agreement with Axon Enterprise, Inc. for the Provision of In-Car Video, Body- Worn and Interview Room Camera Systems, Digital Evidence Management System, and Conductive Energy Devices, and to Execute Any Implementing Documents and Take Any Implementing Actions as Necessary; Related Appropriation Actions
Contact Persons:

Name: Lance Brede Sean Washington
Title: Deputy Chief Police Chief
Div/Dept: Police Department Police Department
Phone: (510) 790-6930 510-790-6969
E-Mail: [email protected] [email protected]

Executive Summary: Fremont Police Department has utilized in-car camera systems since 2008 and body-worn cameras for its personnel since 2018. The current hardware and software for in-car and body-worn cameras have reached their end of life, so Fremont Police Department, in conjunction with Information Technology Services, developed an RFQ for a comprehensive camera and digital evidence management solution.

Fremont Police Department issued RFQ #23 -001 in September 2022. Axon Enterprises Inc. was selected as best meeting the needs for the Po lice Department’s in-car video, body-worn and interview room camera systems, digital evidence management system, and conductive energy devices.

Staff is recommending that the City Council authorize the City Manager to enter into a ten - year subscription agreement with Axon Enterprises Inc. for a total not -to-exceed amount of $13,640,135.

BACKGROUND: Fremont Police Department is committed to partnering with our community members and business community to provide the highest level of service based on trust and transparency. Nationwide events involving police use of force have generated calls for law enforcement officers to wear body-worn cameras and in-car camera systems have been an industry standard for progressive police agencies worldwide. Fremont Police Department has utilized body-worn cameras department-wide since 2018 and in-car video cameras since 2008. Body-worn and in-car cameras have proven to enhance officer safety, improve agency accountability, reduce city liability, enhance officer performance and professionalism, improve community and media perceptions, and assist in criminal prosecutions and administrative investigations.

The data collected from the body-worn and in-car cameras is stored and managed in a digital evidence management system. Fremont Police Department also uses a standalone camera recording platform for interview rooms. It provides vital recordings of statements

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Council Staff Report (ID # 4879) Meeting of May 2, 2023 Updated: 4/26/2023 4:15 PM by Susan Gauthier Page 2
and physical evidence but does not integrate into the current digital evidence management system.

The current hardware and software for in-car and body-worn cameras have reached their end of life, which offers an opportunity to consolidate those systems and the interview room video into a single, more efficient system.

DISCUSSION/ANALYSIS: A Request for Qualifications (RFQ) was developed with staff members from the Information Technology Services and Police departments. In September 2022, the RFQ was issued and received only two responsive proposals from Axon Enterprise, Inc. and Digital Ally, Inc. Proposals were evaluated based on the requirements outlined in the RFQ:
1) ability to meet the scope of work
2) hardware and software requirements
3) evidence management system
4) installation and training
5) system security
6) information security
7) warranty and customer service
8) hardware maintenance and repairs
9) ability to comply with the terms of the City’s Technology Service Agreement 10) proposed fees.

Upon staff review of the RFQ responses, Axon Enterprises Inc. was selected as best meeting the needs for the Police Department’s in-car/body-worn camera, interview room, and digital evidence management system. Axon Enterprises, Inc. is a company that develops technology and products for law enforcement, including personal body-worn cameras, in-car video cameras, interview room video recording, conductive energy devices (CED/Taser), digital evidence storage, and comprehensive digital evidence management software.

The subscription-based agreement proposed by Axon and recommended by staff obligates Axon to provide, update, and replace as necessary both the hardware and software necessary to meet the City’s needs for body-worn cameras, in-car video, interview room video, conductive energy devices, and video data storage and management.

Staff is recommending a ten-year contract term to delay what could be a significant price increase for renewal at the end of the contract term.

FISCAL IMPACT: The first year of the subscription agreement, which includes start-up costs, totals $1,711,264 and will be funded in the current fiscal year utilizing a combination of appropriated funds in the ITS Capital Replacement Fund (Fund 625), the Council- approved FY 2022/23 COPS grant, the adopted FY 2022/23 Police Department General Fund budget, and federal asset forfeiture funds (Fund 119 and Fund 250).

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The annual cost for years two through ten of the agreement is $1,325,430. Appropriations for future year costs will be included in the proposed operating budgets for those years.

ENVIRONMENTAL REVIEW: The purchase of computer software, body camera, in-car camera and interview room camera hardware, and a digital evidence system is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.

ATTACHMENTS: None.

RECOMMENDATIONS:

2. Appropriate $85,100 in Fund 119 (Department of Justice Federal Asset Forfeiture) and $19,050 in Fund 250 (Department of Treasury Federal Asset Forfeiture).

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4880) DOC ID: 4880
Updated: 4/25/2023 11:04 AM by Alberto Quintanilla Page 1 DUSTERBERRY WAY SAFETY IMPROVEMENT PROJECT - Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds From the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.

Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate construction of a project to enhance the safety of the railroad crossing at Dusterberry Way in the Centerville area of Fremont. The project has funding from a federal grant. The recommended action will increase the amount of grant funding for the project.

BACKGROUND: The California Department of Transportation (Caltrans) administers federal funding grants through the Railroad/Highway At-Grade Crossing Program (also known as “Section 130 funds” as enabled by Title 23, United States Code, Section 130). The purpose of the program is to reduce the number and severity of train collisions by eliminating hazards to vehicles and pedestrians at existing railroad crossings. The City of Fremont has been approved to receive a Section 130 funding grant for improvements to the railroad crossing at Dusterberry Way.

At the October 04, 2022 City Council meeting, City Council approved the plans and specifications and awarded the construction contract for the Dusterberry Way Safety Improvement Project to GradeTech, Inc.

DISCUSSION/ANALYSIS: The Dusterberry Way Railroad Crossing Safety Improvement project consists of reconstructing sidewalk, curb, and gutter in all quadrants around the at- grade crossing, installing detectable warning surfaces on all sidewalk approaches, installing a ten-foot wide raised median north and south of the at-grade crossing, removing a portion of the asphalt pathway in the southwest quadrant to deter access along the UPRR track right of way, and constructing a street barricade at the end of Baine Avenue to prevent vehicular access from Baine Avenue to Dusterberry Way, along with a high security fence to protect UPRR signal equipment.

The City received a funding grant in the amount of $588,988 to design and construct safety improvements at the Dusterberry Way railroad crossing. Staff has requested an additional $161,000 of grant funding to bring the total grant funds to $749,988, and to extend the agreement expiration date to August 18, 2024, for the following reasons:

• Caltrans informed staff that all costs moving forward are 100% reimbursable to the grant funds. Previously there was a 10% match required.

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Council Staff Report (ID # 4880) Meeting of May 2, 2023 Updated: 4/25/2023 11:04 AM by Alberto Quintanilla Page 2 • The construction contract was awarded to the second bidder since the low bidder did not conform to local and state bid requirements. The second bidder was awarded the contract, but at a higher contract amount.
• UPRR requested scope additions to meet their standards for the installation of a new barricade, a new security fence and gate, and a barrier protection for the signal equipment. The City is requesting an additional twelve months to complete the project due to delays with contractor coordination and UPRR construction and flagging crews.

The grant agreement amendment has been executed and staff is requesting that these funds be appropriated to budget for the Dusterberry Way Safety Improvement Project (PWC8964-522).

FISCAL IMPACT: The recommended action increases the grant funds for PWC8964 by $161,000. The increased funding will free up local grant matching funds (10%) that were appropriated to the project.

ENVIRONMENTAL REVIEW: Action on this funding item is exempt from environmental review. None of the circumstances necessitating preparation of further environmental review are present and the actions are not subject to further CEQA review based on, without limitation, CEQA Guidelines Sections 15183 and/or 15162 because they do not involve significant new environmental effects or changed circumstances and are within the scope of the environmental review covered by previous project approvals. In addition, these further funding actions are exempt pursuant to CEQA Guidelines Section 15378(b) (administrative and funding activity not a “project” under CEQA) and/or 15061(b)(3) (no possibility the activity may have significant effect on the environment). Each of the cited CEQA exemptions provide a separate and independent basis for CEQA clearance.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 and Section 15061.

2. Appropriate additional Railroad/Highway At-Grade Crossing Program (Section 130) federal grant funds in the amount of $161,000 to PWC8964-522.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4886) DOC ID: 4886
Updated: 4/27/2023 1:30 PM by Alberto Quintanilla Page 1 2024 BIKEWAY ENHANCEMENT PROJECT - Adopt a Resolution Authorizing Fiscal Year 2023/2024 Application for Transportation Development Act Article 3 (TDA3) Grant Funds and Acceptance of $322,407 in TDA3 Funds for the 2024 Citywide Class IV Bikeway Enhancement Project (PWC8874); Appropriation of Funds; and Make Findings of CEQA Exemption.

Contact Persons:

Name: Lilian Ayala Hans Larsen
Title: Senior Transportation Engineer Public Works Director Div/Dept: Public Works Public Works
Phone: (510) 494-4766 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this item is to facilitate receiving grant funds from the Metropolitan Transportation Commission (MTC) in the amount of $322,407, which will be used to improve the durability of bikeway separation devices and to enhance user comfort and safety for existing separated bikeways along various City arterial roadways.

BACKGROUND: MTC makes annual allocations of State Transportation Development Act Article 3 (TDA3) funds for bicycle and pedestrian projects to cities and counties in the nine- county Bay Area region. The TDA3 funds are non-competitive grant funds allocated based on population.

The City’s Bicycle Master Plan goals include implementing a safe, convenient, c onnected, and comfortable citywide bicycling network for people of all ages and abilities who live, work, and visit the City of Fremont. These goals are part of various existing City plans and policies, including the Mobility Action Plan’s goal to promote travel alternatives through ongoing “Complete Streets” improvements; Vision Zero Action Plan’s goal to eliminate traffic fatalities and severe injury collisions by focusing on arterial roadways; and the Bicycle Master Plan’s goal for implementing a safe, convenient, connected, and comfortable citywide bicycle network. The City’s proposed TDA3 grant project will provide bikeway enhancements at various City arterial roadways. The City anticipates receiving approximately $322,407 in TDA funds for Fiscal Year (FY) 2023/24 to be applied to the “2024 Citywide Class IV Bikeway Enhancement Project.”

TDA3 grant policies typically require that an advisory committee that is appointed by an elected body and includes bicyclists and pedestrians review the proposed TDA3 project. On March 15, 2023, the City’s Mobility Commission (which also acts as the City’s local bicycle advisory committee) was informed of the proposed Project, and the Mobility Commission unanimously (9–0) supported recommending the proposed Project to the City Council for approval for the application of the TDA3 grant for FY 2023/24.

DISCUSSION/ANALYSIS: In the past five years, the City has completed the installation of over 40 miles of Class IV separated bikeways, with a majority of these separated bikeways currently using plastic green bollards (type K71) as the primary vertical separation device between the bike lane and the adjacent vehicle lane. While the K71 plastic bollards

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Council Staff Report (ID # 4886) Meeting of May 2, 2023 Updated: 4/27/2023 1:30 PM by Alberto Quintanilla Page 2 are relatively cost effective and quick to install, they have been found to be not durable when struck by vehicles at moderate to high speeds, and ultimately less aesthetically pleasing. In addition, staff has received feedback from residents that the K71 bollards alone are not sufficient to provide the comfort that riders seek and that more substantial forms of separation are needed, especially when the adjacent traffic volumes and speeds are high.

The proposed Project will install precast concrete median sections to supplement the existing K71 bollards along existing Class IV separated bikeways, with the goal of ultimately improving the overall durability, long-term aesthetics, user comfort, and safety that are needed to promote greater transportation mode shift and utilization of the City’s separated bikeways along key arterial corridors. The selected locations include areas where existing K71 bollard have had reoccurring damage and includes portions of Paseo Padre Parkway, Fremont Boulevard, and Driscoll Road.

FISCAL IMPACT: The estimated implementation cost for the proposed Project is $722,407. The City’s anticipated TDA3 award amount of $322,407 would be appropriated to the Bikeway Improvements Program (PWC8874) in the Transportation Development Act Fund (Fund 521), which will ultimately fund the implementation of the Project. The remaining funds needed for the Project will be funded by Measure B/BB Bicycle and Pedestrian funds to be budgeted into PWC8874 through the FY 2023/24-2027/28 CIP update and budget process.

ENVIRONMENTAL REVIEW: This project is categorically exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. A separate environmental clearance will be provided for the 2024 Citywide Class IV Bikeway Enhancement Project.

ATTACHMENTS:
• Draft Resolution- 2024 Bikeway Enhancement Project

RECOMMENDATIONS:

3. Appropriate any grant funds received to PWC8874 (Bikeway Improvements) in the Transportation Development Act Fund (Fund 521).

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Resolution 2023-XX Page 1 of 7

DRAFT

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT

REQUESTING OF THE METROPOLITAN TRANSPORTATION
COMMISSION THE ALLOCATION OF FISCAL YEAR 2023/2024
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING

WHEREAS, Article 3 of the Transportation Development Act (TDA), codified in California Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency to fund qualifying transportation projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, as revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, as revised, requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Fremont desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:

SECTION 1. The City of Fremont declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

SECTION 2. The City of Fremont attests to the accuracy of and approves the statements in Attachment A to this resolution.

SECTION 3. There is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Fremont to carry out the project.

SECTION 4. A certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT) Resolution 2023-XX Page 2 of 7

ADOPTED_______________, 2023 by the City Council of the City of Fremont by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Mayor
ATTEST:

__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT) Resolution 2023-XX Page 3 of 7

Resolution No. 2023-XX

Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

Page 1 of 1 ends

1. That the City of Fremont is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Fremont legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Fremont has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Fremont within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Fremont agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT) Resolution 2023-XX Page 4 of 7

Resolution No. 2023-XX
Attachment B
TDA Article 3 Project Application Form for FY 2023/2024

1. Agency City of Fremont

2. Primary Contact Lilian Ayala, Senior Transportation Engineer

3. Mailing Address 39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537

4. Email Address [email protected] 5. Phone Number 510-494-4766

6. Secondary Contact (in
the event primary is
not available)
Eric Hu, Principal Transportation Engineer

7. Mailing address (if
different) N/A☒

8. Email Address [email protected] 9. Phone Number 510-494-4542

10. Send allocation
instructions to (if
different from above):

Tish Saini
[email protected]

11. Project Title 2024 Citywide Class IV Bikeway Enhancement Project

12. Amount requested $322,407 13. Fiscal Year of
Claim
FY 2023-2024

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to an online map of the project location is provided below:

In the past five years, the City of Fremont has constructed over 10 miles of quick-build Class IV bikeways in efforts of implementing the “All Ages and Abilities” network identified in the City’s 2018 Bike Master Plan. These bikeways were designed and installed with vertical green plastic delineators called K71s to help provide a quick option for implementing Class IV bikeways. However, this material lacks long-term durability and based on user feedback, provides a limited sense of comfort for less experienced bicyclists. For the 2024 Citywide Class IV Bikeway Enhancement Project, the City proposes using TDA funds to install precast concrete median sections to supplement the existing K71 bollards along various high-priority segments along the existing Class IV bikeway network. This proposed project will help improve the durability of the Class IV bikeway separation devices and improve user comfort and safety, which ultimately is anticipated to more effectively encourage active transportation mode shift. The project design is anticipated to take place in FY 2023/2024, with construction anticipated for Summer 2024.

TDA Article 3 funds will be used for the Construction phase of the 2024 Citywide Class IV Bikeway Enhancement Project.

See Appendix A, Project Locations.

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT) Resolution 2023-XX Page 5 of 7

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐

19. Project Budget and Schedule

Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. March 15, 2023 If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:

C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)

D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual?

E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): _June 2024_

G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☒ No☐

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT) Resolution 2023-XX Page 6 of 7

If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT)

Resolution 2023-XX Appendix A Page 7 of 7

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Attachment: Draft Resolution- 2024 Bikeway Enhancement Project (4886 : 2024 BIKEWAY ENHANCEMENT PROJECT) Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4885) DOC ID: 4885
Updated: 4/27/2023 9:56 AM by Alberto Quintanilla Page 1 AMENDMENT TO WINTER RELIEF MOTEL CONTRACT Authorize the City Manager to Execute FY 2022/23 Standard Service Amendment with Mission Peak Lodge (C & L, LLC), for Temporary Use of Hotel Rooms as Winter Relief Shelter Contact Persons:

Name: Guadalupe Gonzalez Suzanne Shenfil
Title: Management Analyst Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2087 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this staff report is to recommend the City Council authorize the City Manager to execute a FY 2022/23 amendment with Mission Peak Lodge (C & L, LLC), in an amount of $20,000, for a new total Agreement amount of $119,000, for winter relief motel services.

BACKGROUND:

Warming Center and Winter Program Models: The City first opened the Warming Center in the winter of 2013 at the request of the Alameda County Board of Supervisors, after the death of two homeless individuals from hypothermia. Under the Warming Center model, the City provided shelter, (in a congregant setting) only during inclement weather.

In FY 2018/19, the City transitioned to a full-service Winter Shelter model that was open seven nights a week for four months. In FY 2021/22 Winter season, the Winter Shelter program shelter transitioned into a Winter Relief program through the temporary use of motel rooms, as a non-congregant shelter arrangement, which helped to prevent exposure and spread of COVID-19 to a highly vulnerable population.

The Warming Center, Winter Shelter, and now, Winter Relief programs have been funded through Alameda County, Federal COVID programs, foundation/corporate grants and private donations. Throughout the years, the programs have also relied on partnerships with local health and support service providers. They have also received tremendous support from Fremont residents, with over 130 community volunteers donating meals and supplies, and in the early years, serving dinners to participants on a nightly basis.

DISCUSSION/ANALYSIS: This winter, the program has operated every night since December 1, 2022. Currently, one of the two motels hosting the Winter Relief programs is Mission Peak Lodge, or C & L, LLC (C & L). The City’s current agreement with C & L has a not-to-exceed amount of $99,000. Projected costs associated with serving the families at Mission Peak Lodge exceed the contracted agreement amount by approximately $20,000.

Staff recommends an amendment with C & L, increasing funding by $20,000, for a new total of $119,000 to meet the projected needs of the families who will be sheltered through April 30, 2023.

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Council Staff Report (ID # 4885) Meeting of May 2, 2023 Updated: 4/27/2023 9:56 AM by Alberto Quintanilla Page 2 FISCAL IMPACT: Staff estimates the existing program funding sources, including a $230,500 contract with Alameda County, will cover 100% of the proposed $20,000 increase.

ENVIRONMENTAL REVIEW: The acceptance of a grant from the County of Alameda to operate a temporary seasonal shelter is exempt from review under the California Environmental Quality Act (CEQA), pursuant to, without limitation, CEQA Guidelines section 15183 (projects consistent with the general plan or zoning) and/or 15061(b)(3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that the operation of the temporary seasonal shelter will not cause a significant effect on the environment. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4888) DOC ID: 4888
Updated: 4/28/2023 8:10 AM by Alberto Quintanilla Page 1

AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING FOR FEDERAL EMERGENCY SOLUTIONS GRANT FUNDING – Authorize the City Manager to Execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department's Family Resource Center to provide Housing Stability Services in Fiscal Year 2022/23 and 2023/24 and Making Findings of CEQA Exemption Contact Persons:

Name: Robert Lopez Suzanne Shenfil
Title: CDBG Administrator Director
Div/Dept: Human Services Department
Phone: 510-574-2043 510-574-2051
E-Mail: [email protected] [email protected]

Executive Summary: The City of Fremont has been selected to receive on-going Federal Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development to provide funding for programs and services assisting homeless individuals and families, as well as those in danger of falling into homelessness.

Staff recommends that the City Council authorize the City Manager to execute an ESG Program Memorandum of Understanding for the Human Services Department’s Fremont Family Resource Center to provide housing stability services for Fiscal Year 2022/23 and 2023/24 for a total not exceed $280,573.

BACKGROUND: As a HUD entitlement jurisdiction, the City receives Community Development Block Grant (CDBG) program funds each year from HUD for housing and community development activities. The funding is allocated to the City based on several factors including population, poverty, and housing statistics. Due to these factors in the recent 2020 Census, HUD has awarded new federal entitlement program funds, the ESG program, to the City.

The primary objectives of the ESG program are to address the needs of homeless people in emergency or transitional shelters and to assist people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. ESG funds must be used for activities which primarily benefit individuals and families that meets HUD’s “homeless” and “at-risk of homelessness” definitions in accordance with 24 CFR 576. The ESG program has five eligible program components that the City may select from:

1. Street Outreach: Engage homeless individuals and families living on the street;

2. Emergency Shelter: Improve the number and quality of emergency shelters for homeless individuals and families, help operate these shelters, and provide essential services to shelter residents;

3. Rapid Re-housing Assistance: Rapidly re-house homeless individuals and families;

4. Homelessness Prevention: Prevent families and individuals from becoming homeless; and

5. Homeless Management Information System: Support the operation of the local

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Council Staff Report (ID # 4888) Meeting of May 2, 2023 Updated: 4/28/2023 8:10 AM by Alberto Quintanilla Page 2 information technology system used to collect client-level data County-wide.

On October 4, 2022, Council authorized the City Manager to execute an agreement with HUD for the new ESG funds. The Council, at staff’s recommendation, directed staff to issue a Request for Proposal (RFP) process for Rapid Re-housing rental assistance subsidies and deposits to help house homeless individuals and families. Once the RFP process was completed, City staff planned to return to City Council to seek approval of the ESG funding recommendation.

DISCUSSION/ANALYSIS: Because of the limited ESG grant amount of funding, staff recommended the City issue an RFP solely for Rapid Re-housing rental assistance subsidies and deposits. Housing for Rapid Re-housing allows for short and/or medium-term rental assistance as necessary to help individuals or families living in an emergency shelter or other places, as defined by HUD “as not meant for human habitation”, move as quickly as possible into permanent housing and achieve stability in that housing. However, prior to issuing the RFP for Rapid Re-housing, staff conversed with homeless service agencies regarding the use of ESG funding for this purpose. Agencies expressed multiple concerns and no interest, at this time, in responding to a proposed City RFP. The amount of funding the City had available was relatively small, the paperwork required in the use of ESG funding was significant. The greatest difficulty, however, was that the use of ESG funding for Rapid Rehousing had to meet HUD Fair Market Rent guidelines which are significantly less than the actual cost of rental units.

Fair Market Rent. When using ESG funds for Rapid Re-housing, HUD requires that any rental assistance being provided to eligible program participants is allowable only when the rent, including utilities (gross rent), for the housing unit:

1. Does not exceed the Fair Market Rent (FMR) established by HUD for each geographic area, as provided under 24 CFR 888 and 24 CFR 982.503; and

2. Complies with HUD’s standard of rent reasonableness, as established under 24 CFR 982.507.

HUD issues fair market rent limits annually for all jurisdictions and these limits are often significantly below actual market rent. For example, HUD established fair market rent limit for a 1-bedroom apartment in FY 2022-23 is $1,854 a month, while the average market value for a 1-bedroom apartment in Fremont is $2,329 a month. In staff’s experience with existing HUD funded housing programs, including partnerships with local Rapid Rehousing providers, meeting the FMR requirements under HUD programs in a high cost-of-living area, like Fremont, has proven to be extremely difficult. While the need to find funding for rapid rehousing remains high, staff concluded using ESG funding for this function would not be the most efficient or practical use of the City’s allocation and finding and organization to partner with was going to be difficult, if not impossible.

Staff now proposes to use ESG funding for Housing Stability Services provided through the Human Services Department’s Family Resource Center division. With the Alameda County Eviction Moratorium ending on April 29, 2023, jurisdictions redirecting efforts to ensure residents have access to housing stability resources. The Human Services Department is proposing to utilize ESG funding and remaining Keep Fremont Housed program funding to provide housing stability services that include information and assistance, mediation, case management, and housing relocation assistance. The goal of the housing stability program

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Council Staff Report (ID # 4888) Meeting of May 2, 2023 Updated: 4/28/2023 8:10 AM by Alberto Quintanilla Page 3 is to prevent displacement by assisting residents with eviction prevention information and services or relocation to a more affordable housing situation.

FISCAL IMPACT: There is no impact to the general fund. Metropolitan city and urban county recipients must match grant funds with an equal amount of contributions, which may include cash, donated buildings or materials, and volunteer services. Staff has identified sufficient match to meet these requirements.

Staff proposes that a Memorandum of Understanding be executed with the Fremont Family Resource Center that would span FY 2022-23 and FY 2023-24 and total $280,573. For internal City-based projects, HUD requires an MOU rather than a traditional contract agreement. $80,000 would be provided for back rent and deposit assistance and $200,573 would fund an existing Case Manager that would work directly with Fremont residents to ensure that the best possible housing outcome can be secured. In addition, 7.5% of the FY 22-23 and FY 23-24 ESG allocations will be used for administrative activities.

ENVIRONMENTAL REVIEW: All ESG-funded projects are subject to evaluation for compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).

Consistent with NEPA regulations, funding will not be distributed to a project until appropriate NEPA review and clearance is completed for that project.

This action is exempt from the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15378(b)(2), (4) and/or (5), and or 15061(b)(3) as an administrative, maintenance or funding activities that will have no possibility to impact the environment. As a separate and independent basis, each of the projects recommended are exempt pursuant to, without limitation, CEQA Guidelines Section 15301, as the repair, maintenance or minor alteration of existing facilities involving negligible or no expansion of use and/or as replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity as the replaced structure pursuant to CEQA Guidelines Section 15302. Each of the foregoing provides a separate and independent basis for CEQA exemption.

ATTACHMENTS: None.

RECOMMENDATION: Authorize the City Manager to execute a Federal Emergency Solutions Grant (ESG) Memorandum of Understanding for the Human Services Department’s Fremont Family Resource Center to provide housing stability services for Fiscal Year 2022/23 and 2023/24 for a total not to exceed $280,573 and making findings of CEQA exemption.

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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4741) DOC ID: 4741
Updated: 4/26/2023 3:40 PM by Susan Gauthier Page 1
SABERCAT TRAIL AND IRVINGTONIAN FOSSIL MUSEUM PROJECTS - Receive Progress Report on Sabercat Trail and Irvingtonian Museum Projects; Approve the Recreation Commission Recommendations to Sabercat Historical Park; Authorize the City Manager to Execute Service Agreements to Continue Development of the Sabercat Trail and Irvingtonian Fossil Museum Projects (PWC8977); and Make Findings of CEQA Compliance
Contact Persons:

Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]

Executive Summary: The purpose of this report is to facilitate the planning and development of the Sabercat Trail Extension and Irvingtonian Fossil Museum projects and to provide a project progress report. Additional project planning and design funding has been provided through two State grants. This report recommends approval of Recreation Commission recommendations, consultant amendments and agreements for final design and museum planning.

BACKGROUND: The Sabercat Trail Extension Project is identified in the City’s General Plan and the City’s master plans for trails, bicycling, and pedestrians. The purpose of the Sabercat Trail Extension Project is to provide an enhanced recreational path and an option to better connect the Mission San Jose and Irvington communities by walking and bicycling.

Notable destinations along the expanded trail corridor include the future Irvington BART Station and Ohlone College. The scope of the Sabercat Trail Extension Project would extend the existing Sabercat Trail (from within the Sabercat Historical Park) to Osgood Road via the new bridge over Interstate 680.

In 2019, the City of Fremont obtained a funding grant for the project from the State California Natural Resources Agency (CNRA) in the amount of $5,586,000. The funding grant was facilitated by former State Senator Wieckowski as part of the State’s 2019 budget process. The scope of the project grant included preparation of environmental clearance and design of the new trail section. The City Council approved the grant funding agreement on October 1, 2019. On February 15, 2022, the City Council approved the completed environmental clearance for the project (the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program).

At the February 7, 2023 City Council meeting, City Council accepted additional State funding grants in the amount of $12 million for the Sabercat Trail Extension Project with $6 million from the State General Fund appropriated to the Department of Parks and Recreation, Office of Grants and Local Services (OGALS), and another $6 million appropriated to the Department of Transportation (Caltrans) Office of Local Assistance.

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Council Staff Report (ID # 4741) Meeting of May 2, 2023 Updated: 4/26/2023 3:40 PM by Susan Gauthier Page 2
The additional State grants would fund the Irvingtonian Fossil Museum planning efforts, final design consultant costs for the Sabercat Existing Trail Upgrades in Sabercat Historical Park, right of way acquisition for the Sabercat Trail Extension project, and additional final design consultant costs for the Sabercat Trail Extension. The allocated State funds also include partial funding for project construction, which will be used to help leverage additional construction funding from other sources.

Further information about the project is featured on the City’s MyFremont community engagement platform (see weblink below).

DISCUSSION/ANALYSIS: The following section provides a summary of project coordination with the Recreation Commission and a description of recommended actions to continue developing the Sabercat Trail Extension and Irvingtonian Fossil Museum projects.

Recreation Commission Coordination

Staff presented the Sabercat Historical Park Trail Extension and Interpretive Are a project to the Recreation Commission on June 1, 2022.

The Sabercat Trail Extension Project consists of a trail connection between the proposed I - 680 bike and pedestrian bridge and the existing west end paved section of trail in Sabercat Historical Park. This will add approximately 1000 linear feet of new hardscape pathway in the park. The trail extension will also include a modest Interpretive Area along this section of the trail. The concrete trail’s proposed color and patterning will be integrated to match with the proposed bridge’s treatment and interpretive elements will be included in the trail paving design.

The proposed location and alignment of hardscape trail takes advantage of the hilltop edge which looks north over I-680 into Fremont and onward to the Bay. The project’s unique views and natural setting provide an opportunity for an Interpretive Area linked to the pathway that will tell the rich and historic story of the Irvingtonian fossils found near this area and is the reason for the creation and existence of Sabercat Historical Park.

The Interpretive Area acts as a natural stop for pedestrian or bicyclists travelling east from the proposed bridge, or west through the existing park. It will serve as an opportune rest stop and a small area to gather for school field trips or outdoor learning. Set slightly into the rising site elevation, the Interpretive Area will be comprised of low seating walls creating tiered amphitheater-like seating, that will help to preserve and promote views while mitigating against car noises from I-680. The Interpretive Area will also be partially covered with a metal shade structure to provide some relief from the sun. The proposed concrete paved surfacing reduces long term maintenance cost and will match park standards. The concrete paving will have an integral color to match the bridge and the environment. Other finishes will include stamped footprint patterns to reflect existing wildlife and ancient wildlife, as found during the digs of the 1950’s and involving the “boy paleontologists.”

The existing 1.4 mile of walkway within the Sabercat Historical Park is a combination of paved concrete, asphalt and dirt pathways of a mostly 10-foot-wide width. As part of the Sabercat Trail Extension Project, the pathway within Sabercat Historical Park will be

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widened to have a combined paved pathway and shoulder width of 14’, consistent with the Trails Strategy Plan.

The Recreation Commission recommended that City Council approve a new trail width of 14’ in Sabercat Historical Park consistent with the Community Connection Trail guideline of the Trail Strategy Plan and adopt the Site Master Plan for the Sabercat Trail Extension and Interpretive Area within Sabercat Historical Park.

Upgrading the Existing Sabercat Trail

The existing trail in Sabercat Historical Park narrows down to seven feet in some sections and has an asphalt surface that is cracked and settling. There are steep slopes above and below the trail, and areas where erosion is evident. Staff is proposing to upgrade the existing trail condition and width to be suitable for increased bicycle/pedestrian use expected from the trail extension. There are areas where retaining walls will be needed to widen the trail as well as stabilize the steep slopes. Also, measures are planned to control the speed of bicycle travel in the corridor to maintain a safe and pleasant experience for all trail users.

Mark Thomas and Company was selected to facilitate the Concept Planning for the Sabercat Existing Trail Upgrade project in Sabercat Historical Park. This phase of the project is complete, and staff is moving forward with Mark Thomas performing the Environmental Clearance and Final Design milestones for the Sabercat Existing Trail Upgrade project in the amount of $805,000. This work is being done as a task order under the On-Call Civil Design and Project Management Master Service Agreement with Mark Thomas and Company which was approved by the City Council on January 12, 2021.

Continuing Design for the Sabercat Trail Extension and Planning for the Irvingtonian Fossil Museum

The consulting firm of TY Lin International (TY Lin) was selected to facilitate the Concept Planning and Community Outreach, Environmental Clearance, and Final Design milestones for the Sabercat Trail Extension project. The City Council approved a contract with TY Lin on January 14, 2020, and several amendments were executed to remove the Blacow Road Extension over BART/UPRR from final design, add the Independent Design Check (IDC) of the I-680 bridge structure, and increase the consultant’s compensation.

At this time, Staff proposes that TY Lin complete the following additional tasks:
environmental clearance for the Irvingtonian Fossil Museum; environmental clearance for the transfer of the Caltrans land, needed for the Irvingtonian Fossil Museum, to the California Natural Resources Agency; right of way engineering for the trail extension near Osgood Road; design the relocation of two sign structures along SB I-680 (overhead guide sign and express lane toll signs) that will be obstructed by the I-680 bridge; perform additional tree surveys in Sabercat Historical Park; and provide additional services to support grant applications to seek construction funding for the Sabercat Trail Extension Project. Staff is recommending approval of Amendment No. 4 with TY Lin in the amount of $487,000, which will bring the total contract amount to $5,923,566.

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Scientific Content Plan for the Irvingtonion Fossil Museum

Planning for the Irvingtonian Fossil Museum Project is underway to create a world-class facility that educates and celebrates the natural history of the Irvingtonian period, dating back 1.9 million years when sabercats roamed the land. The museum will house fossil collections held by UC Berkeley and the Fremont-based Math Science Nucleus and is envisioned to be an educational resource for natural sciences, similar to the Page Museum and La Brea Tar Pits in Los Angeles.

The museum will feature:
• A 40,000 square-foot museum building is planned on a State-owned property overlooking the I-680 freeway and the original paleontological dig site where fossils were first discovered.
• The museum is located along an extension of the Sabercat trail with connections to Sabercat Historical Park, along with Ohlone College to the east, and the future Irvington BART Station, and East Bay Greenway Trail to the west. • Vehicle access to the museum is provided from a driveway along Osgood Road and includes parking for school buses, persons with disabilities, and the general public.

Math Science Nucleus (MSN) has been selected to work in partnership with the University of California Museum of Paleontology (located at UC Berkeley) to prepare a museum concept plan for the Irvingtonian Fossil Museum. The work efforts include: creating an advisory committee for museum planning; assisting with a geologic and paleontological report that collects and compiles all documents on record; and preparing an Irvingtonian Fossil Museum Concept Plan that highlights the area’s scientific and historic significance, visions and benefits, identifying partnerships, exhibits and materials for museum display and implementation scenarios and strategies. This document will identify the scientific content that will be the foundation for museum-based exhibits and programs, and it will be used to promote state and national interest in the museum and its funding. Staff recommends approval of an agreement with MSN in the amount of $220,000.

FISCAL IMPACT: The funding for this project, consisting of $5.586 million from a CNRA grant, $6 million from an OGALS grant, and an additional $6 million from a Caltrans grant, has been appropriated and budgeted into PWC8977. Based on the contract amounts and project costs, there are sufficient funds budgeted for this project to cover the recommended agreements and associated contingency, and to cover City staff time for project management.

ENVIRONMENTAL REVIEW: The recommended actions are exempt from the California Environmental Quality Act (CEQA) because they are an administrative fiscal activity and not projects pursuant to CEQA Guidelines section 15378.

As a separate and independent basis for CEQA compliance, the City Council on February 15, 2022 adopted the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sabercat Trail Extension Project in accordance with CEQA Guidelines Section 15074, with implementation of the adopted mitigation measures, there is no substantial evidence that the project as mitigated will have a significant effect on the environment; and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City of Fremont.

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WEBLINK: www.my.fremont.gov/sabercat

ATTACHMENTS:
• Site Master Plan from the June 1, 2022, Recreation Commission Presentation

RECOMMENDATION: Approval of the following actions related to the Sabercat Trail Extension Project and the Irvingtonian Fossil Museum Project:

1. Find the action is exempt from envir onmental review under CEQA Guidelines Section 15378(b)(4) and (5). As a separate and independent basis for CEQA compliance, the City Council has adopted the Draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Saber cat Trail Extension Project in accordance with CEQA Guidelines Section 15074.

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Sabercat
Historical Park
–
Trail Extension and Interpretive Area
Recreation Commission
-
June 1, 2022

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June 1, 2022
Site Plan

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Interpretive Area

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Interpretive Elements

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Site Furnishings

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Plant Design

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Sabercat
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1. City
Council
approve
a
new
trail
width
of
14 ’
in
Sabercat
Historical
Park
to
be
consistent
with
the
Community
Connector
Trail
Guideline
of
the
Trail
Strategy
Plan
.

2. City
Council
adopt
the
Site
Master
Plan
for
the
Trail
Extension
and
Interpretive
Area
within
Sabercat
Historical
Park
.

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Attachment: Site Master Plan from the June 1, 2022, Recreation Commission Presentation Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4901) DOC ID: 4901
Updated: 4/26/2023 1:58 PM by Susan Gauthier Page 1
MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:

Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]

MAYOR MEI REFERRAL: Appointment to Advisory Body

ATTACHMENTS:
• EDAC Applications

APPOINTMENT:

Advisory Body Appointee Term Expires

Economic Development Advisory Commission Charles Martinez 12/31/2025 (Commercial/Industrial Representative)

RECOMMENDATION: Approve appointment.

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Fremont City CouncilMay 2, 2023

Fremont City Council
May 2, 2023