Agenda packet, regular meeting — Fremont City Council, February 13, 2024

City Council Chambers
3300 Capitol Avenue
Fremont, CA

Fremont City Council

Lily Mei, Mayor
Yang Shao, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Raj Salwan, District 5
Teresa Cox, District 6

City Staff

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

Geneva Bosques, Communications and
Legislative Affairs Director
LaShawn Butler, Interim Community
Services Director
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

Fremont City Council Agenda and
Report
February 13, 2024

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

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 Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.

Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.

Agenda and Report - Fremont City Council Meeting - February 13, 2024

February 13, 2024 Fremont City Council Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.

The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.

Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, 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.

Attending February 13, 2024 City Council meeting online via Zoom https://us06web.zoom.us/j/86258316827
Webinar ID: 862 5831 6827

Addressing the Council

Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.

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 & letter, 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/letter, 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, submit the pdf formatted document(s) to the email above by the noted deadline.

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 for items on the agenda:

Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.

How to provide Spoken Public Comment during the meeting for items not on the agenda (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. Attend the meeting in-person in the Council Chamber and 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 may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.

The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center

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

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] at least two working days prior to the meeting for assistance.

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

February 13, 2024 Fremont City Council Page 3

REVISED
Agenda
Fremont City Council Regular Meeting
February 13, 2024
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM

TELECONFERENCE NOTICE

Pursuant to Government Code Section 54953(b), the following meeting will include teleconference participation by Councilmember Campbell from:

Morrison Clark Historic Inn
Hotel Business Center 2nd floor
1011 L Street, NW
Washington, DC. 20001

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 - None.

C. MILITARY EQUIPMENT USE POLICY UPDATE - Adopt a Resolution Approving Amendments to the Policy and Request to Purchase Additional Unmanned Aerial Systems (UAS) for Use in the Field and Drone as First Responder (DFR) Deployments
Contact Persons:

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

February 13, 2024 Fremont City Council Page 4

RECOMMENDATIONS:

1. Adopt the attached resolution approving the amendments to the Military Equipment Use Policy, purchase of four UAS, and use of the UAS in the DFR Program.

D. WI-FI EQUIPMENT AND INSTALLATION PURCHASE FOR THE SIX COMMERCIAL DISTRICTS - Authorize the City Manager or Designee to Enter into an Agreement and Issue Purchase Orders with SmartWave Technologies, LLC for the Purchase and Installation of Wi-Fi Equipment for the Six Commercial Districts Wi-Fi Access Expansion Project in an Amount Not to Exceed $800,000 and Find the Project Exempt from CEQA pursuant to CEQA Guidelines Section 15301
Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Dept: Information Technology
Services
Information Technology Services
Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

RECOMMENDATIONS:

1. Authorize the City Manager, or her designee, to enter into an agreement and to execute implementing documents with SmartWave Technologies, LLC, for the purchase and installation of Wi-Fi equipment for the Six Commercial Districts Wi-Fi Access Expansion Project in an amount not to exceed $800,000.

2. Find this project exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 as a minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing.

3. Ceremonial Items
A. Proclamation: Congenital Heart Defect Awareness Week - February 7-14, 2024
B. Proclamation: One Book, One Community Read
C. Proclamation: 2024 Lunar New Year Celebration

4. Public Communications
A. Oral and Written Communications

INDUSTRIAL DEVELOPMENT AUTHORITY - None.

PUBLIC FINANCING AUTHORITY - None.

CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR

February 13, 2024 Fremont City Council Page 5

5. Scheduled Items
A. Scheduled Public Hearing titled “APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261)” has been continued to the March 19, 2024 City Council Meeting

APPEAL OF CONDITIONAL USE PERMIT FOR AT&T WIRELESS OHLONE COLLEGE (PLN2023-00261) - Public Hearing (Published Notice) To Consider a Third Party Appeal of the Planning Commission’s Approval of a Conditional Use Permit For a Stealth Wireless Telecommunication Facility Located on the Ohlone College Campus at 43600 Mission Boulevard, and a Finding That No Further Environmental Review is Required Pursuant the California Environmental Quality Act (CEQA) Per CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, and CEQA Guidelines Section 15183, as the Project Is Consistent With the General Plan, For Which an Environmental Impact Report (EIR)
(SCH#2010082060) Was Previously Prepared and Certified. Each of the foregoing Provides a Separate and Independent Basis for CEQA Compliance.

B. SPECIAL EVENT STAFF CHARGES MASTER FEE SCHEDULE UPDATE - Public Hearing (Published Notice) to Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events Contact Persons:

Name: Amy Gee David Persselin
Title: Public Affairs Manager Finance Director
Dept: Police Department Finance Department
Phone: 510-790-6967 510-494-4631
E-Mail: [email protected] [email protected]

RECOMMENDATION: Adopt a resolution amending the Master Fee Schedule for Special Event Staff Charges as outlined in the attached resolution .

6. Other Business - None.

7. Items Referred by Councilmembers
A. Councilmember Referrals

1. COUNCILMEMBER KASSAN REFERRAL: Animal Shelter
Contact Persons:

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

February 13, 2024 Fremont City Council Page 6
B. Appointments to Boards, Commissions, Committees - None.

C. Legislative Actions - None.

D. Report on Committee Assignments

8. Adjournment
February 13, 2024 Fremont City Council Page 7

ACRONYMS

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

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

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

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

February 13, 2024 Fremont City Council Page 8

UPCOMING MEETING AND CHANNEL 27

BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 February 13, 2024 6:00 p.m. City Council Closed Session Council Chambers Live
February 13, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 20, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 27, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
March 5, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 12, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 19, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
March 26, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
April 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 16, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
April 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
April 30, 2024 No City Council Meeting
(5th Tuesday)
May 6, 2024 5:30 p.m. CC/FUSD Joint Meeting City Hosts Live May 7, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 14, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 21, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
May 28, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live

Fremont City Council Meeting: 02/13/24 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5060) DOC ID: 5060
Updated: 2/9/2024 8:57 AM by Alberto Quintanilla Page 1 MILITARY EQUIPMENT USE POLICY UPDATE - Adopt a Resolution Approving Amendments to the Policy and Request to Purchase Additional Unmanned Aerial Systems (UAS) for Use in the Field and Drone as First Responder (DFR) Deployments
Contact Persons:

Name: Matthew Snelson Sean Washington
Title: Police Captain Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6874 510-790-6969
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 seek City Council approval prior to funding, acquiring, or using equipment defined by California law as “military equipment.”

This report outlines the recommendation to amend Exhibit 1 of the Military Equipment Use Policy authorizing the use of Unmanned Aerial Systems (UAS) for Drone as First Responder (DFR) deployments. In addition, this report requests approval to purchase four UAS (two DJI Avata and two DJI Mavic 3) and notifies the City Council of the removal of five DJI Mavic 2s and seven DJI phantoms from FPD’s UAS fleet, bringing the total authorized UAS owned by FPD to 12 (currently 20 are authorized).

BACKGROUND: On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law now requires law enforcement agencies to obtain approval of the applicable governing body (City Counc il) 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. Chapter 8.80 requires the City Council to approve and to make certain findings during a regular meeting held pursuant to open meeting laws for funding, acquisition, or use of military equipment.

FMC Chapter 8.80 and state law authorizes the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations. The findings are that (1) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and (3) if purchasing the equipm ent, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

The Public Safety DFR Program utilizes UAS technology deployed from a fixed location , enabling a response to qualifying calls for service soon after a call is received. The DFR

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Council Staff Report (ID # 5060) Meeting of February 13, 2024 Updated: 2/9/2024 8:57 AM by Alberto Quintanilla Page 2 Program utilizes the same technology and is functionally identical to the use for deployments in the field from emergency vehicles.

Over the past year, the FPD and Fremont Fire Department enhanced focused effort toward public safety and initiated a “proof of concept” pilot program deploying existing UAS technology as DFR. At the conclusion of the DFR pilot program, and after careful assessment of the results of our study, staff discovered that deploying the UAS technology in the DFR program improved situational awareness, assessment of critical information, assisted with faster response times and enhanced emergency responder safety. Improved effectiveness and efficiency of communication supports our public safety objectives.

DISCUSSION/ANALYSIS:

As part of the approval process, and in compliance with Government Code § 7071, the Chief of Police submitted this policy to the City Council and made this policy available on the department website at least 30 days prior to the public meeting. The information was posted on fremontpolice.gov on January 11, 2024 to include a prominent banner on the home page of the site alerting the public to the item being presented to City Council on February 13, 2024.

Purchasing authorization for the addition of four UAS

FPD requests authorization to purchase four UAS to enhance our public safety operations for both field deployment and our joint Public Safety DFR program with the Fremont Fire Department (FFD). UAS are utilized to enhance the Police and FFD’s mission of protecting lives and property when other means and resources are unavailable or are less effective.

UAS are necessary to ensure officer safety and public welfare as they provide visibility to high-risk locations. Without the use of a UAS, police officers and fire fighters 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. The UAS system can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas, and other crowded spaces. When deploying through DFR, a UAS will usually arrive on-scene before responding public safety personnel. The early arrival of a UAS provides real-time information and situational awareness allowing public safety personnel to make better decisions utilizing real-time information, increasing safety for the public and responding public safety personnel. In addition to crime and rescue operations, UAS equipment is utilized to memorialize and document crime scenes and to conduct natural disaster assessments.

The two new UAS platforms being requested for purchase include the DJI Avata and the DJI Mavic 3. The DJI Avata is a first-person view UAS that enhances FPD’s ability to fly indoors during critical missions. The Avata’s interior flying abilities are unmatched in our current UAS fleet and will be a significant improvement with the department’s ability to safely and effectively fly inside of a structure. FPD takes civil rights and the privacy of all involved seriously and only deploys UAS inside of a structure when it is lawful and necessary to do so in compliance with the Constitution of the United States and all other applicable laws and department policies.

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Council Staff Report (ID # 5060) Meeting of February 13, 2024 Updated: 2/9/2024 8:57 AM by Alberto Quintanilla Page 3

The DJI Mavic 3 is the upgrade to the aging DJI Mavic 2s currently in the FPD fleet. The department currently owns five DJI Mavic 2s, which have become obsolete due to being phased out of software updates, replacement parts and batteries. With the approval to purchase DJI Mavic 3s FPD will remove these five Mavic 2s from inventory, selling them to our vendor to receive a credit towards the requested purchase of DJI Mavic 3s and DJI Avatas.

The addition of DJI Mavic 3s to the FPD fleet significantly enhances FPD’s field UAS operations as well as our joint Public Safety DFR program. The DJI Mavic 3 provides the ability to fly low-light and nighttime missions with better visual capabilities, which currently limit UAS use. Without this equipment, safety risks to the public, fire and police personnel would increase in the circumstances described and no other reasonable alternatives have been identified in place of the requested purchases.

One-time expenses for requested purchase:

- Two DJI Avata (Pro-View Combo with RC Motion 2 Controller) – $1,428 each o Six Batteries - $129.00 each; total of $774
o One DJI Avata Battery Charging Hub - $59 each

- Two DJI Mavic 3-(DJI Mavic 3 Cine Premium Combo) – $5,998 each; total of $11,996
o Six Batteries – $209 each; total of $1,254
o One DJI Mavic 3 Battery Hub - $99 each
o Propeller guard- $49
Grand Total for the above-listed UASs and equipment: $18,784

- Anticipated credit for the sale of five DJI Mavic 2s: $5,768

Total one-time cost of purchasing a total of four UAS (two DJI Avata and two Mavic 3s) with credit for the sale of five DJI Mavic 2s: $13,017

On-going and recurring costs with purchase:
o DJI Avata 2-year Care Refresh Protection Plan - $129
o Mavic 3 extended two-year warranty - $599 every two years

Updated use language within Exhibit 1 of the Military Equipment Use policy FPD’s existing policy and guidelines regarding use and privacy require no changes to deploy DFR. However, Fremont PD believes it appropriate to update Exhibit 1 of the Military Equipment policy to clarify the use of UAS for DFR purposes. Therefore, staff is recommending adding language to Exhibit 1 of the Military Equipment Use policy mentioning DFR and describing the program.

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Council Staff Report (ID # 5060) Meeting of February 13, 2024 Updated: 2/9/2024 8:57 AM by Alberto Quintanilla Page 4 Over the past year, the Fremont Police and Fire Departments held multiple community engagement sessions informing our community and offering an opportunity for input on the DFR Program. (See attached).

FISCAL IMPACT: If approved, the purchase of the requested UAS to include initial and ongoing expenses will be made utilizing the existing approved FY 2023/24 UAS budget within the adopted FPD General Fund budget.

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

ATTACHMENTS:
• Draft Resolution - Military Equipment Use Policy Amendment • Exhibit 1 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting • Summarized Community Outreach Fremont Police Department UAS and DFR • DFR Community Meeting Presentation_Multiple Meetings
• Military_Equipment Policy

RECOMMENDATIONS:

1. Adopt the attached resolution approving the amendments to the Military Equipment Use Policy, purchase of four UAS, and use of the UAS in the DFR Program.

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Resolution 2024-XX Page 1 of 2

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT APPROVING AMENDMENTS TO THE MILITARY

EQUIPMENT USE POLICY

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (“AB”) 480, relating to the use of miliary equipment by law enforcement agencies, codified in Government Code sections 7070 through 7075; and

WHEREAS, on May 3, 2022, the City Council of the City of Fremont (“City Council”) adopted Ordinance 04-2022 and established Fremont Municipal Code (“FMC”) Chapter 8.80 Military Equipment Use, which requires City Council to approve and make certain findings during a regular meeting held pursuant to open meeting laws for funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy approved by City Council; and

WHEREAS, FMC Chapter 8.80 and state law authorizes the governing body of a city to approve the funding, acquisition, use of military equipment or changes to the Military Equipment Use Policy only if it makes specified determinations. The findings are that: (1) the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the proposed Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and (3) if purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

WHEREAS, Government Code section 7070 and FMC section 8.80.020 define military equipment to include Unmanned Aerial Systems (“UAS”); and

WHEREAS, the Fremont Police and Fire Departments utilize UAS technology deployed from a fixed location enabling a response to qualifying calls for service soon after a call is received, called Drone as First Responder (“DFR”). The DFR Program utilizes the same technology and is functionally identical to equipment used for deployments in the field from emergency vehicles; and

WHEREAS, UAS are utilized to enhance the Police and Fire Departments’ mission of protecting lives and property when other means and resources are unavailable or are less effective.

UAS are necessary to ensure officer safety and public welfare as they provide visibility to high-risk locations. Without the use of UAS, police officers and fire fighters 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 crime scenes and to conduct natural disaster assessments; and

WHEREAS, UAS can enter small spaces, such as enclosed structures, and provide overhead observations of high-risk situations within business districts, residential sections, open land/wooded areas, and other crowded spaces. When deploying through DFR, UAS will usually arrive on-scene before responding public safety personnel. The early arrival of UAS provides real-time information and situational awareness allowing public safety personnel to make better decisions utilizing real- time information, increasing safety for the public and responding public safety personnel.

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Attachment: Draft Resolution - Military Equipment Use Policy Amendment (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Resolution 2024-XX Page 2 of 2

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

SECTION 1. The City of Fremont approves the amendments to the Military Equipment Use Policy, the purchase of four UAS, and use of the UAS in the DFR Program finding that: (1) there are no reasonable alternatives that can achieve the same objective of officer and civilian safety, (2) the existing Military Equipment Use Policy with amendments as attached as Exhibit A to this Resolution safeguards the public's welfare, safety, civil rights, and civil liberties; and (3) the requested UAS are reasonably cost-effective compared to available alternatives that can achieve the same objective of police, fire and public safety.

ADOPTED _____________________, 2024, 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 - Military Equipment Use Policy Amendment (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) 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 12 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 Avata: The DJI Avata makes it easy to film ultra-wide 4K stabilized video indoors or outside, in and around objects. Sporting what some call a "cinewhoop" design, the Avata comes in a palm-sized form factor with all four propellers protected with attached guards. This allows for close-up filming indoors, near people, and through small openings without risking damage or injury to people and property. If the Avata does come in contact, it can just bounce off and keep flying. For a more immersive experience with intuitive controls, you can opt to pair the Avata with optional Goggles 2, FPV Goggles V2, and the DJI Motion Controller.

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

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Attachment: Exhibit 1 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 2 Council Approved: 12/20/2022

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 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 3 Council Approved: 12/20/2022

Purpose/Authorized Uses: Unmanned aerial systems may be utilized through field deployment and Drone as First Responder (DFR) operations to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Field deployed UAS are deployed “in the field” at or near the scene of incidents while DFR utilizes UAS deployed from a fixed location enabling a faster UAS response to qualifying calls. 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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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Attachment: Exhibit 1 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 7 Council Approved: 12/20/2022

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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 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 for Military Equipment Policy_Council DRAFT 01_16_24 Council Meeting (5060 : MILITARY EQUIPMENT USE POLICY 1 memorandum

DATE: December 17, 2023
DEPT.: Police
SUBJECT: Community Outreach and Public Engagement – DFR and UAS

Community Outreach and Public Communication
In 2022 and 2023, the Police Department provided information to a variety of groups, community leaders and members of the public about Unmanned Aerial Systems (UAS) and Drone as First Responder (DFR). Below is a summary of communication, outreach, notification and engagement.

• April 19, 2022: City Council, during a regular meeting open for public comment, approved “military equipment” use, policy and City ordinance inclusive of Unmanned Aerial Systems (UAS) commonly described as drones.
• September 12 & 14, 2022: City Council members were provided general information on the concept of DFR. FPD informed City Council of our intent to move forward with a Public Safety (Fremont PD and Fremont FD) DFR Pilot Program (proof of concept). • October 8, 2022: FPD hosted a Community Safety Fair and included information and a presentation on drones. Discussions related to a proposed DFR Pilot Program was initiated with members of our community.
• December 20, 2022: City Council, during a regular meeting open for public comment, approved an amendment to the Military Equipment Use Policy for the purchase of additional UAS and other equipment utilizing grant funding. To ensure compliance with GC 7071(c)(1), the amendment also clarified the use of UAS in partnership with the Fremont Fire Department.
• March 29, 2023: As required by GC 7072(b), FPD held a Military Equipment Community Presentation which included information on the department’s UAS (drones) and our intent to further develop a DFR Program.
• April 3, 2023: A detailed presentation and overview of DFR Program was conducted for the Chief’s Community Advisory Board. Feedback solicited from this diverse group of representatives within our community.
• May 2, 2023: City Council, during a regular meeting open for public comment, approved the annual review of “military equipment” possessed and utilized by FPD. FPD’s Military Equipment Annual Report was reviewed by Council as required by GC 7072. • May/June 2023: City Council members were provided information on the outcome of the DFR Pilot Program and our desire to move forward with full implementation of this program with Fremont Fire.
• June/July 2023: Multiple social media post on the Public Safety DFR initiative inviting the Fremont Community to attend an upcoming in-person presentation and offer feedback. • July 29, 2023: DFR Community (Public) Presentation. One-hour in-person presentation open to all members of our community.
• July 29, 2023: Presentation and display of drones at a “health fair”. DFR discussed with the community members.

P o l i c e D e p a r t m e n t

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Attachment: Summarized Community Outreach Fremont Police Department UAS and DFR (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) 2 • July 2023: FPD proactively contacted the ACLU requesting a meeting to discuss our intent to deploy DFR.
• August 1, 2023: DFR discussed during National Night Out with members of our community. • August 12, 2023: A detailed presentation and overview of the DFR Program was conducted for the Chief’s Youth Advisory Board. Feedback solicited from this diverse group of individuals representing the youth within our community. • August 17, 2023: Commanders from Fremont PD and Fremont Fire met with the ACLU to discuss the program and obtain their perspective.
• November 15, 2023: DFR Community (Public) Presentation. One-hour “hybrid” (in-person and on-line) presentation open to all members of our community. Solicited feedback from our community.
• November 29, 2023: DFR Community (Public) Presentation. One-hour “hybrid” (in-person and on-line) presentation open to all members of our community. Solicited feedback from our community.
• November 30, 2023: KCBS Radio news coverage https://omny.fm/shows/kcbsam-on- demand/fremont-to-fly-more-drones-in-the-city-to-act-as-f

In addition to the above list, FPD participated in dozens of less formal community meetings and events providing additional opportunities for engagement and discussion the DFR Program. In 2022 and 2023, information regarding the DFR Program was communicated to our community utilizing a variety of sources such as social media, FPD website, press-release information, etc. The Fremont community has expressed overwhelming support for the DFR program in support of public safety objectives. We have received little or no concern or negative feedback during our informal and formal engagement sessions and meetings.

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Attachment: Summarized Community Outreach Fremont Police Department UAS and DFR (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Public Safety DFR Program
The Future of Public Safety
Drone as a First Responder (DFR) Program
Community Meetings
July 29/Nov 15/Nov 29, 2023

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Opening Comments
Police Chief Sean Washington
Fire Chief Zoraida Diaz

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 3 What is a DFR Program?
• Drone as a First Responder
• Provides a rapid response to Police and Fire emergencies • The Drone as a First Responder (DFR) concept is different than our current field deployed drone program. Instead of launching a drone after officers or firefighters are on scene, drones located at fixed locations respond to emergencies upon initial receipt of 911 calls.
• The intent of the program is to have a drone on scene prior to police officer/firefighter arrival. Certified teleoperators scan and evaluate the situation remotely and relay information to field supervisors.
• The drones have the ability to broadcast real-time video of the incident to all first responders dispatched to an incident. This video, monitored by trained users, can help responding personnel develop tactical plans, assist in the de- escalation of potentially dangerous situations, and provides an extra level of safety to department personnel and the general public.

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY What can DFR do for
Fremont?

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 5 What can a DFR Program do for Fremont?
• Help augment responses to any emergency
situation
• In most cases, provide “eyes on scene” before
field units arrive
• Provide visual, real-time information to help
de-escalate dangerous situations
• Provide visual, real-time information to incident
commanders to help verify radio traffic and assist
in development of strategy and tactics
• Help to reduce the number of units responding
“CODE 3”

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 6 More on What a DFR Program Can Do
• Video documentation of incidents for training
purposes and after-action reviews
• Provide another layer of safety to Police Officers and Firefighters by providing a 360-degree view of the scene • DFR allows for more efficient resource deployment
• Secondary drones can be launched when needed by on
scene pilots
• Drone = most efficient tool available to assist in locating missing persons, search and rescue incidents, area searches for dangerous suspects, locating evidence, identifying hot spots on fires, and assisting with disaster management

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 7 Fremont
Leading
the Way
• The City of Fremont will be the first city in
the country to have a public safety “Drone
as First Responder” program. This is a
collaboration between police and fire.
• The City of Fremont has always been at the
forefront of technology and innovation. The
program supports Fremont’s “Smart City”
initiative.
• The use of this technology will increase
public safety, reduce risk to first responders
and can be used as a recruitment tool.

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 8 Assisting Other Departments
• In the future, our drone program can assist
other Departments within the City of Fremont.

These include:
• Animals Services
• Buildings
• Code Enforcement
• Maintenance Services
• Planning
• Public Works
• Urban Forestry
• Transportation

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY What is the Difference
between our Current UAS
Program and DFR?

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Current Deployment Model

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY The Certificate of
Authorization (COA)

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Remote Pilot in Command (RPIC)

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Visual Observer (VO)

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Pilots carry drones in their vehicles
and deploy when they arrive on scene

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY DFR
Deployment Model

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY The Certificate of Authorization (COA)
and Waivers from the FAA

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Tele
-
Operator

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Remote Pilot in Command

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Live video is fed to responding units and
Tele-Operator relays important information

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY DFR Drone as First Responder
Proof of Concept

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 21 Fremont UAS Policy
• Both FPD and FFD policies are posted for review
• Important highlights
• Defines when a pilot can deploy a UAS
• Prohibited use
• Shall not weaponize
• Shall not harass, intimidate or discriminate
• Shall not conduct random surveillance
• Shall not target a person based solely on actual or
perceived characteristics

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 22 Drone as
First
Responder
Metrics

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 23 Review of DRF Pilot Program
• # of calls
• Synopsis of how and when we deployed
• # of days flown
• Average response time
• Time drone remains on scene
• Success stories

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 24 Equipment
for DFR

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 25 Current Equipment
• Fremont’s primary UAS
platforms
• DJI M30
• DJI Mavic 3 Dual
• All units have thermal
camera capabilities
• Most units have speaker
attachments for one-way
communications and
spotlights
DJI M30
DJI Mavic 3 Dual

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 26 Future of
Drone
Deployment

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 27 Future of Drone Deployment
• Docking stations
• Detect and avoid system (radar)
• Drones available at multiple locations within the city

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Examples of Successful Mission

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 2023 Niles Flood Rescue

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 31 Locating
Arson and
Robbery
Suspect

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 32 Vehicle into the Water

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Locating Hiding Suspect

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Multiple Alarm Fire

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Locating Hiding Elder Abuse Suspect

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Residential Structure Fire

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY 37 Future Goals for Fremont’s UAS
• UAS coverage throughout the city
• Reduce response times
• Add multiple launch points
• Add drones with longer flight times and greater
speeds
• Add better technology as the UAS industry
advances
• Use as a recruitment tool for both departments

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Closing Comments
Police Chief Sean Washington
Fire Chief Zoraida Diaz

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Community Benefits:

Law Enforcement (Crime Mitigation)
• Improved Public Safety Resource
• Technology Compliments Real Time Information
Center (RTIC) Initiative
• Staffing Efficiency (resource allocation)
• Enhanced Deterrence, Detection and Response
• Additional Accountability and Transparency

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Police Legitimacy, Accountability
and Transparency
• AB 481
• FPD Policy
• City Council
• Community Engagement
• Community Advisory Board
• Youth Advisory Board
• Community Meetings
• Partner Agency Site Visits
• Staff Accountability
(Body Camera)
• Staffing Efficiency

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Questions?

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Attachment: DFR Community Meeting Presentation_Multiple Meetings (5060 : MILITARY Policy
708
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2024/01/15, All Rights Reserved.

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

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

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

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

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

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

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Attachment: Military_Equipment Policy (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/15, All Rights Reserved.

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

2.C.e
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Attachment: Military_Equipment Policy (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/15, All Rights Reserved.

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

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

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Attachment: Military_Equipment Policy (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/15, All Rights Reserved.

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

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

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

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

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

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Attachment: Military_Equipment Policy (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Fremont Police Department
Fremont PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/01/15, All Rights Reserved.

Published with permission by Fremont Police Department
Military Equipment - 5

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

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in thecalendar year following submission of the annual military equipment report.

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

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

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

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

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Attachment: Military_Equipment Policy (5060 : MILITARY EQUIPMENT USE POLICY (UAS)) Fremont City Council Meeting: 02/13/24 07:00 PM
3300 Capitol Avenue Div/Dept: Information Technology Services Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5079) DOC ID: 5079
Updated: 2/9/2024 8:59 AM by Alberto Quintanilla Page 1

WI-FI EQUIPMENT AND INSTALLATION PURCHASE FOR THE SIX COMMERCIAL DISTRICTS - Authorize the City Manager or Designee to Enter into an Agreement and Issue Purchase Orders with SmartWave Technologies, LLC for the Purchase and Installation of Wi-Fi Equipment for the Six Commercial Districts Wi-Fi Access Expansion Project in an Amount Not to Exceed $800,000 and Find the Project Exempt from CEQA pursuant to CEQA Guidelines Section 15301 Contact Persons:

Name: Jeremy Huynh Sanford Taylor
Title: Management Analyst II IT Director
Div/Dept: Information Technology Services Information Technology Services Phone: (510) 494-4847 510-494-4802
E-Mail: [email protected] [email protected]

Executive Summary: Staff is recommending that the City Council authorize the City Manager, or her designee, to enter into an agreement and to execute implementing documents with SmartWave Technologies, LLC, for the purchase and installation of WI -FI equipment for the Six Commercial Districts Wi-Fi Access Expansion Project in an amount not to exceed $800,000.

BACKGROUND: On July 10, 2023, the State of California adopted legislation amending its budget for Fiscal Year 2023-2024 under Assembly Bill No. 102, Chapter 38 (AB 102). The State Budget included “earmark” allocations to specific projects and programs identified by State legislators. With support from State Senator Aisha Wahab, a budget allocation was provided to the Six Commercial Districts Wi-Fi Access Expansion Project in Fremont.

On December 6, 2023, the City received $1,500,000 for support of the Commercial District Wi-Fi Access Expansion Project.

DISCUSSION/ANALYSIS: The project consists of the installation of Wi-Fi equipment in Centerville, Downtown/City Center, Irvington, Niles, Mission San Jose, and Warm Springs commercial districts. The new Wi-Fi zones will help address the digital divide issues in these districts by allowing for equitable access among residents and small businesses who may otherwise not have access to high-speed Wi-Fi internet access.

In March 2022, the Information Technology Services (ITS) Department issued a Broadband Public – Private Partnership Request for Proposals (RFP #22-013) to select a firm to assist the City implementing wireless broadband solutions in the City. In response to the RFP, the City received six proposals. On September 15, 2022, after thorough evaluation, the City selected and issued an intent to award contracts to SmartWave Technologies, LLC.

Installation of Wi-Fi equipment by SmartWave Technologies, LLC will proceed in phases, starting with the Downtown/City Center. Wi-Fi Access for the Six Commercial Districts will leverage wireless technology to create a 10 Gbps connectivity to the City Fiber Backbone; and support free Wi-Fi internet access in the Six Commercial Districts.

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Council Staff Report (ID # 5079) Meeting of February 13, 2024 Updated: 2/9/2024 8:59 AM by Alberto Quintanilla Page 2 FISCAL IMPACT: Funding for the purchase and installation of Wi-Fi equipment for the Six Commercial Districts Wi-Fi Access Expansion Project has been appropriated in the State Capital Grants Fund (PWC9108-525).

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

ATTACHMENTS: None.

RECOMMENDATIONS:

2.D
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Fremont City Council Meeting: 02/13/24 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Fees & Rates

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5081) DOC ID: 5081
Updated: 2/9/2024 9:40 AM by Alberto Quintanilla Page 1 SPECIAL EVENT STAFF CHARGES MASTER FEE SCHEDULE UPDATE - Public Hearing (Published Notice) to Adopt a Resolution Amending the Master Fee Schedule to Change City Staff Charges for Special Events Contact Persons:

Name: Amy Gee David Persselin
Title: Public Affairs Manager Finance Director
Div/Dept: Police Department Finance Department
Phone: 510-790-6967 510-494-4631
E-Mail: [email protected] [email protected]

Executive Summary: Upon review by relevant City departments, including Fire, Police, and Public Works, it was determined that revisions to the Master Fee Schedule are needed to amend special event staff charges to align with current staff costs.

BACKGROUND: Special event staff charges (Master Fee Schedule Article 1. General and Miscellaneous, Section 001.00000.3390, bullet C) for Fire, Police, and Public Works employees have remained unchanged since July 1, 2020. Recently, staff from Police, Fire, Public Works, and Community Services reviewed staff costs for special events. City staff recommends the City Council revise special event staff charges to align with the cost of anticipated future services provided by the City.

City staff have notified event organizers who have been billed for City services in the past four years about these proposed changes. On November 9, 2023, a public information session regarding the City’s Special Event Sponsorship Program took place and provided a brief overview of possible fee increases to City service costs. On January 4, 2024, an email outlining the proposed changes was sent to the event organizers, indicating this item was coming before the City Council for approval and another public information session would be held. On January 16, a reminder email was sent. On January 17, 2024, a second public information session was held to discuss the special event staff charges and the City’s special event sponsorship program.

DISCUSSION/ANALYSIS: The current Special Event Staff charges for Fire, Police, and Street Maintenance workers have been in effect since July 1, 2020. During the past four years, rates remained unchanged due to COVID-19 and other economic uncertainties. While costs for City services have continued to rise in recent years, billing practices have remained focused on affordability for event organizers.

City staff calculated the average salary of positions involved in special event services:

1. Police Officer and Sergeant

2. Police Dispatch* – Dispatcher and Dispatch Supervisor

3. Police Other – Senior Community Service Officer, Community Service Officer, Parking Compliance, and Reserve Officer

4. Fire Medic – Fire Captain, Fire Engineer and Firefighter

5.B
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Council Staff Report (ID # 5081) Meeting of February 13, 2024 Updated: 2/9/2024 9:40 AM by Alberto Quintanilla Page 2

5. Fire Inspector – Fire Prevention Inspector, Senior Fire Prevention Inspector, Hazardous Materials Inspector, and Senior Hazardous Materials Inspector

6. Maintenance** – Maintenance Field Supervisor and Maintenance Worker I/II

Positions Current Hourly Rates
(as of 7/1/2020)
New Proposed Rates
(Effective 7/1/2024)
Police Officer/Sergeant $ 93.78 $118.40
Police Other (CSO/Parking
Compliance/Reserve Officer)* 66.45

66.55 Police – Dispatch 88.06
Fire – Medic 61.42 86.78
Fire - Inspector 117.04 97.50
Maintenance** 59.49 69.43

*Staff noted the need to create a new category of “Police – Dispatch” to better reflect the costs of dispatch workers who may be required to work at special events.

**Staff noted that the category of “Street Maintenance” should be renamed to “Maintenance” to better reflect the work that may be performed by maintenance workers from various city departments at appropriate locations, such as facilities, parking lots, parks, etc. in addition to work performed on streets.

Please note there is an additional category of special event staff - Public Service Assistant (PSA) at $25 per hour – these are workers who may provide other assistance as needed. No changes are proposed to the PSA rate.

Other Costs Associated with Special Events (Not Billed) The proposed rates only represent the average hourly rate of certain city staff on the day of the special event. The rates do not include costs to the City before and after an event, including planning, debriefing, and other implicit costs that cannot easily be calculated.

These costs include:
• On-duty traffic officers and police command staff on the day of the event • Staff time for administrative review of special event application (1-2 hours) • Staff time for Special Event Committee Meeting (1-hour meeting with the event organizer involving 10-15 City staff from various City departments) • Staff time for follow-up planning and meeting regarding safety, road closure, and action plans for the event (2-3 hours each for 4-6 staff members for Police, Fire, and Street Maintenance)
• Staff time for reviewing final documents and issuance of special event permit (1-2 hours)
• Cost of any vehicles or equipment usage, including wear and tear. These include Police, Fire, and Maintenance vehicles, barricades, cones, delineators, waste streamers, storm drain covers, and other equipment the City provides to the event at no additional costs.
• Cost of fuel for any City vehicles involved.
• Increased risks and frequency of work-related injuries, which impact insurance and workers' compensation.

5.B
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Council Staff Report (ID # 5081) Meeting of February 13, 2024 Updated: 2/9/2024 9:40 AM by Alberto Quintanilla Page 3 The above costs cannot be easily tracked per event and are not billed to the event organizer. However, the City may consider these implicit costs when making special event billing decisions.

Most major events are eligible for the City’s Special Event Sponsorship Program and are awarded a sponsorship once they complete the application process. The cost of City service staff, including any potential increases, is being offset by the City’s sponsorship program. In recent years, the sponsorship program has covered most, if not all, of City service costs for special events.

The fee increase will better represent the cost and extent of City services provided for special events. The increase will also help to accurately budget for staff costs and the City’s special event sponsorship program.

FISCAL IMPACT: Adopting proposed changes to the Master Fee Schedule will result in changes in charges assessed for special events services, effective July 1, 2024.

ENVIRONMENTAL REVIEW: Updates to Special Events and Parades Ordinance and amendments to City staff service charges for Special Events are an administrative government activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and pursuant to CEQA Guidelines section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, the activity is not subject to CEQA.

LINKS: City of Fremont Current Master Fee Schedule:
https://www.fremont.gov/government/departments/finance/master-fee-schedule

ATTACHMENTS:
• Draft Resolution -Amend Master Fee Schedule Special Events

RECOMMENDATION: Adopt a resolution amending the Master Fee Schedule for Special Event Staff Charges as outlined in the attached resolution .

5.B
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Resolution 2024-xx Page 1 of 2
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FREMONT AMENDING THE MASTER FEE SCHEDULE FOR

SPECIAL EVENTS CITY STAFF CHARGES

WHEREAS, on March 1, 1994, the City Council of the City of Fremont adopted Resolution No. 8672 establishing the Master Fee Schedule, which sets forth fees, rates and charges for goods and services provided by the City of Fremont; and

WHEREAS, Resolution No. 8672 has been amended from time to time to adjust and add new fees, rates and changes for good and services provided by the City of Fremont; and

WHEREAS, the Master Fee Schedule sets forth fees for specific services provided by City of Fremont departments, including fees related to special event regulations; and WHEREAS, Special Event Service Charges for Police, Fire, and Public Works were last updated in 2020, and City of Fremont staff recommends revising Special Event Staff Charges categories to align with services provided by the City of Fremont; and WHEREAS, Fremont Municipal Code Section 12.25.120 authorizes the City Council of the City of Fremont to set permit fees for special events by resolution; and WHEREAS, on February 13, 2024, the City Council of the City of Fremont held a duly- noticed public hearing where all members of the public had the opportunity to be heard, and the City Council of the City of Fremont considered the information set forth in the staff report and information submitted to the City Council of the City of Fremont during the public hearing.

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

SECTION 1. The Special Event Staff Charges on the Master Fee Schedule (Article I.

General and Miscellaneous, Section 001.00000.3390 C) shall be amended as set forth herein:
001.0000.3390 I. General and Miscellaneous
C. Special Event Staff Charges: The following rates shall adjust automatically as negotiated increases for applicable bargaining units become effective. • Police Officers/Sergeant $118.40/hr
• Police Other (CSO/Parking Compliance/Reserve Officer) $66.55/hr • Police – Dispatch $88.06/hr
• Fire - Medic $86.78/hr
• Fire - Inspector $97.50/hr
• Maintenance $69.43/hr
• Public Service Assistants $25.00/hr

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Attachment: Draft Resolution -Amend Master Fee Schedule Special Events (5081 : SPECIAL EVENT STAFF CHARGES MASTER FEE Resolution 2024-xx Page 2 of 2
SECTION 2. The City Council of the City of Fremont finds this action is exempt from environmental review under the California Environmental Quality Act (CEQA), per CEQA Guidelines section 15378, as the action is an administrative fiscal activity and per CEQA Guidelines section 15061(b)(3) as the amended charges are not a project that requires environmental review.

SECTION 3. The Master Fee Schedule (adopted by Resolution No. 8672 and amended from time to time, including by this Resolution) shall be kept on file in the Office of the City Clerk.

SECTION 4. This resolution shall be effective July 1, 2024. On the effective date of this Resolution, all resolutions, which conflict with this Resolution, shall be repealed without further action by the Council.

ADOPTED , 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

5.B.a
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Attachment: Draft Resolution -Amend Master Fee Schedule Special Events (5081 : SPECIAL EVENT STAFF CHARGES MASTER FEE Fremont City Council Meeting: 02/13/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 5087) DOC ID: 5087
Updated: 2/9/2024 9:25 AM by Alberto Quintanilla Page 1 COUNCILMEMBER KASSAN REFERRAL: Animal Shelter
Contact Persons:

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

COUNCILMEMBER KASSAN REFERRAL: Animal Shelter

COUNCILMEMBER KASSAN REFERRAL:

Whereas, the Bay Area is experiencing a shortage of available skilled veterinarians resulting in the City’s inability to secure stable veterinary services for the animal shelter;

Whereas, the Police Department has traditionally applied rigorous background checks to staff and volunteers in the shelter, creating impediments to recruitment;

Whereas, the City currently has no program to spay and neuter un-owned community cats;

This referral requests that City Council direct staff to as expeditiously as possible

1. Create a full-time employment classification for a veterinarian with competitive salary and benefits and recruit for a full-time veterinarian as an employee for the animal shelter;

2. Review vet tech position salaries and benefits to ensure that they are competitive;

3. Reinstate the trap-neuter-release program to address cat overpopulation in partnership with local community organizations;

4. Reduce backgrounding requirements on potential volunteers and paid staff;

5. Open the animal shelter in the evenings and on weekends;

6. Provide sufficient free and low cost spay and neuter services for the Tri City community;

7. Expedite the hiring of front desk staff to respond to the animal shelter’s high volume of calls.

7.A.1
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Fremont City CouncilFebruary 13, 2024

Fremont City Council
February 13, 2024