April 18, 2022 - 1 - 3:56 PM A G E N D A • C I T Y C O U N C I L M E E T I N G
April 18, 2022 6:00 PM Council Chamber
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Written Comments
Members of the public are encouraged to submit written comments at:
www.cityofclovis.com/agendas at least two (2) hours before the meeting (4:00 p.m.). You will be prompted to provide:
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Item Number
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Comment
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Council Chamber, 1033 Fifth Street, Clovis, CA 93612 (559) 324-2060 www.cityofclovis.com
1 April 18, 2022 - 2 - 3:56 PM Verbal Comments
If you wish to speak to the Council on an item by telephone, you should contact the City Clerk at (559) 324-2060 no later than 4:00 p.m. the day of the meeting.
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Webex Participation
Reasonable efforts will be made to allow written and verbal comment from a participant communicating with the host of the virtual meeting. To do so, a participant will need to chat with the host and request to make a written or verbal comment. The host w ill make reasonable efforts to make written and verbal comments available to the City Council. Due to the new untested format of these meetings, the City cannot guarantee that these written and verbal comments initiated via chat will occur. Participants desiring to make a verbal comment via chat will need to ensure that they accessed the meeting with audio transmission capabilities.
CALL TO ORDER
FLAG SALUTE - Councilmember Whalen
ROLL CALL
PRESENTATIONS/PROCLAMATIONS
1. Presentation of Proclamation Declaring April 24, 2022 as Armenian Genocide Remembrance Day.
PUBLIC COMMENTS - This is an opportunity for the members of the public to address the City Council on any matter within the City Council’s jurisdiction that is not listed on the Agenda. In order for everyone to be heard, please limit your comments to 5 minutes or less, or 10 minutes per topic. Anyone wishing to be placed on the Agenda for a specific topic sh ould contact the City Manager’s office and submit correspondence at least 10 days before the desired date of appearance.
ORDINANCES AND RESOLUTIONS - With respect to the approval of resolutions and ordinances, the reading of the title shall be deemed a mo tion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council.
2 April 18, 2022 - 3 - 3:56 PM CONSENT CALENDAR - Items considered routine in nature are to be placed upon the Consent Calendar. They will all be considered and voted upon in one vote as one item unless a Councilmember requests individual consideration. A Councilmember’s vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Motions in favor of adoption of the Consent Calendar are deemed to include a motion to waive the reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
2. Administration - Approval - Minutes from the April 11, 2022, Council Meeting.
3. Finance - Approval - Res. 22-___, A Resolution of Intention (ROI) to Annex Territory (Annexation #73) (T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 Southeast Corner Ashlan/Thompson), to the Community Facilities District (CFD) 2004- 1 and to Authorize the Levy of Special Taxes Therein and Setting the Public Hearing for June 6, 2022.
4. General Services – Approval – Res. 22-___, Amending the City’s FY 21 -22 Position Allocation Plan by adding one (1) Engineering Inspector position within the Planning and Development Services Department.
PUBLIC HEARINGS - A public hearing is an open consideration within a regular or special meeting of the City Council, for which special notice has been given and may be required. When a public hearing is continued, noticing of the adjourned item is required as per Government Code 54955.1.
5. Consider Introduction - Ord. 22 -___, A request to adopt a Military Equipment Use Policy Pursuant to Assembly Bill 481. Approval of Policy 706 and the adopted ordinance will allow the Clovis Police Department to continue to use its existing military equipment in accordance with the new law requirements.
Staff: Curt Fleming, Chief of Police / Brett Hershberger, Police Lieutenant Recommendation: Approve
ADMINISTRATIVE ITEMS - Administrative Items are matters on the regular City Council Agenda other than Public Hearings.
6. Consider Adoption - Ord. 22 -02, Amending Clovis Municipal Code Section 2.1.32 establishing salaries of City Cou ncilmembers and increasing the present salary to become effective after the November 2022 municipal election. (Vote: 3 -1-1, with Councilmember Mouanoutoua voting no and Councilmember Whalen absent.)
Staff: Karey Cha, City Clerk
Recommendation: Adopt
7. Receive and File – 2021 Fire Department Annual Report and Council Presentation.
Staff: John Binaski, Fire Chief
Recommendation: Receive and File
3 April 18, 2022 - 4 - 3:56 PM
COUNCIL ITEMS
8. Consider Approval – Appointments to Personnel Commission and Planning Commission.
Staff: John Holt, City Manager
Recommendation: Approve
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT
MEETINGS AND KEY ISSUES
Regular City Council Meetings are held at 6:00 P.M. in the Council Chamber. The following are future meeting dates:
May 2, 2022 (Mon.)
May 9, 2022 (Mon.)
May 16, 2022 (Mon.) Budget Introduction
June 6, 2022 (Mon.)
June 13, 2022 (Mon.) Budget Adoption
June 20, 2022 (Mon.)
4 5
AGENDA ITEM NO. 1.
PRELIMINARY - SUBJECT TO APPROVAL
CLOVIS CITY COUNCIL MEETING
April 11, 2022 6:00 P.M. Council Chamber
Meeting called to order by Mayor Flores at 6:01
Flag Salute led by Councilmember Mouanoutoua
Roll Call: Present: Councilmembers Ashbeck, Bessinger, Mouanoutoua, Mayor Flores
Absent: Councilmember Whalen
PUBLIC COMMENTS – 6:02
None.
CONSENT CALENDAR – 6:03
Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, that the items on the Consent Calendar be approved. Motion carried 4-0-1, with Councilmember Whalen absent.
1. Administration - Approved - Minutes from the April 4, 2022, Council Meeting.
2. General Services – Approved – Selection of Roofing Contractor to Repair/Re-coat the Roof of Building A at the Corporation Yard.
PUBLIC HEARINGS – 6:05
6:02 – ITEM 3 - APPROVED INTRODUCTION – ORD. 22-02, AMENDING CLOVIS MUNICIPAL CODE SECTION 2.1.32 ESTABLISHING SALARIES OF CITY COUNCILMEM BERS AND
INCREASING THE PRESE NT SALARY TO BECOME EFFECTIVE AFTER THE NOVEMBER 2022 MUNICIPAL ELECTION
Mike Cunningham, resident, commented in support of Council receiving a raise after foregoing a raise two years ago in the midst of the COVID-19 pandemic.
Motion for approval by Councilmember Ashbeck, seconded by Councilmember Bessinger, for the City Council to approve amending the Clovis Municipal Code Section 2.1.32 establishing salaries of the City Councilmembers and increasing the present salary by four percent (4%) to become effective after the November 2022 General Municipal Electio n.
Motion carried 3-1-1, with Councilmember Mouanoutoua voting no and Councilmember Whalen absent.
ADMINISTRATIVE ITEMS – 6:18
6:18 – ITEM 4 - APPROVED – AUTHORIZE THE CIT Y MANAGER TO EXECUTE AN
AMENDMENT TO THE DIS POSITION AND DEVELOPMENT AGREEMENT AND G RANT
DEED CONTAINING COVE NANTS, CONDITIONS AN D RESTRICTIONS WITH
INNOVATIVE DEVELOPMENT AND LIVING SOLUTIONS OF CALIFORNIA TO PROVIDE 6 AGENDA ITEM NO. 2.
PRELIMINARY - SUBJECT TO APPROVAL
AN ADDITIONAL $75, 000 IN GRANT FUNDING , SECURE TWO ADDITIO NAL
AFFORDABLE HOUSING UNITS AND ENSURE THE CONTINUED AFFORDABILITY AND
AVAILABILITY OF THE MAGNOLIA CROSSING SU PPORTIVE SENIOR HOUS ING DEVELOPMENT.
Mayor Flores announced that he has property interest within 1000 feet of the project site and recused himself from discussion and left the dais.
Michael Sigala, representative of IDLS, answered questions regarding the availability of the facility and the process of accepting resident applications.
Motion for approval by Councilmember Mouanoutoua, seconded by Councilmember Bessinger. Motion carried 3-0-1-1, with Councilmember Whalen absent and Mayor Flores abstained.
CITY MANAGER COMMENTS – 6:31
COUNCIL COMMENTS – 6:31
CLOSED SESSION – 6:35
ITEM 5 - GOVERNMENT CODE S ECTION 54957.6 CONFE RENCE WITH LABOR NEGOTIATORS AGENCY D ESIGNATED REPRESENTA TIVES: JOHN HOLT, AN DREW HAUSSLER, JEFFREY BLANKS, SHONNA HALTERMAN, LORI SHIVELY, SCOTT G. CROSS EMPLOYEE ORGANIZATIO N: CLOVIS POLICE OFF ICERS ASSOCIATION, C LOVIS
FIREFIGHTERS ASSOCIA TION, CLOVIS EMPLOYE ES ASSOCIATION, CLOV IS PUBLIC
WORKS EMPLOYEES ASSO CIATION, CLOVIS PUBL IC SAFETY EMPLOYEES
ASSOCIATION, CLOVIS PROFESSIONAL AND TEC HNICAL EMPLOYEES ASS OCIATION,
CLOVIS TRANSIT EMPLO YEES BARGAINING UNIT , CLOVIS TE CHNICAL AND FINANCIA L PROFESSIONALS ASSOCI ATION, AND UNREPRESE NTED EMPLOYEE: MANAG EMENT
EMPLOYEES
ITEM 6 - GOVERNMENT CODE SECT ION 54956.9(D)(2) CONFERENCE WITH LEGA L
COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION ONE
POTENTIAL CASE
Mayor Flores adjourned the meeting of the Council to April 18, 2022
Meeting adjourned: 7:57 p.m.
______________________________ ________________________________ Mayor City Clerk
7 AGENDA ITEM NO. 2.
TO: Mayor and City Council
FROM: Finance Department
DATE: April 18, 2022
SUBJECT: Finance - Approval - Res. 22 -___, A Resolution of Intention (ROI) to Annex Territory (Annexation #73) (T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 Southeast Corner Ashlan/Thompson), to the Community Facilities District (CFD) 2004 -1 and to Authorize th e Levy of Special Taxes Therein and Setting the Public Hearing for June 6, 2022.
ATTACHMENTS: 1. Res. 22-___, Intention to Annex Territory to CFD
CONFLICT OF INTEREST
None.
RECOMMENDATION
That the Council approve Res. 22-___, A Resolution of Intention to Annex Territory (Annexation #73) to Community Facilities District (CFD) 2004 -1 and to Authorize the Levy of Special Taxes therein and setting the Public Hearing for June 6, 2022.
EXECUTIVE SUMMARY
Since the condition to establish a CFD was imposed on the developments being processed by the City, developments proceeding after March 8, 2004 , must petition to be annexed to the existing CFD. This action is required to begin the process of annexation provided by the conditions of approval of the development entitlements.
BACKGROUND
Since the condition to establish a CFD was imposed on the developments being processed by the City, developments proceeding after March 8, 2004, must petition to be annexed to the existing CFD. Recently, a developer has submitted a petition to annex territory to the Community Facilities District 2004 -1 and to include his subdivision within the District as provided by the conditions of approval of the development entitlements. To initiate the process for annexation of territory to a CFD, the Council must approve a Resolution of Intention (ROI) to annex territory to the CFD. The ROI included with this report includes various actions necessary for the 8 AGENDA ITEM NO. 3.
annexation to the CFD. The Rate and Method of Apportionment (RMA) referred to in the ROI is as adopted by the Council with the Resolution of Formation adopted March 8, 2004.
The area to be annexed , T6208 – Northwest Corner Dakota/Highland, T6203 – Northwest Corner Dakota/Thompson, T6161 – Southeast Corner Ashlan/Thompson, & T6340 S outheast Corner Ashlan/Thompson, is shown in the attached map.
FISCAL IMPACT
No fiscal impact by this action.
REASON FOR RECOMMENDATION
All requirements to begin the process for annexation of territory to the CFD have been completed, and the Council may take action on the ROI.
ACTIONS FOLLOWING APPROVAL
The Staff will take app ropriate steps to schedule the P ublic Hearing on the Annexation of Territory to the CFD for June 6, 2022, and will provide the notices in accordance with the law.
Prepared by: Steve Nourian, Senior Accounting Systems Technician
Reviewed by: City Manager _AH__
9 AGENDA ITEM NO. 3.
RESOLUTION 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVIS
APPROVING THE INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
CITY OF CLOVIS
Community Facilities District No. 2004-1
(Police and Fire Services)
Annexation No. 73
WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 2004 -1 (Police and Fire Services) (the “CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, BE IT RESOLVED, that the City of Clovis:
1. Findings. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.
2. Territory Described. The name of the existing CFD is “Community Facilities District No. 2004-1 (Police and Fire Services)”. The territory included in the existing CFD is as shown on the map thereof filed in Book 40 of Maps of Assessment and Community Facilities Districts at Page 57, in the office of the County Recorder, County of Fresno, State of California, to which map reference is hereby made. The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 73 to the CFD, on file with the Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars (Attachment A). The City Clerk is hereby directed to cause to be recorded said Annexation Map No. 73 to the CFD, showing the territory to be annexed, in the office of the County Recorder of the County of Fresno within fifteen days of the date of adoption of this resolution.
3. The Services. The types of public ser vices financed by the CFD and pursuant to the Act consist of those of the police and fire services (the “Services”) as described in Exhibit A to Resolution No. 04 -33, adopted by the Council on March 8, 2004 (the “Resolution of Formation”). It is presently intended that the Facilities (and the Services) will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD.
ATTACHMENT 1
10 AGENDA ITEM NO. 3.
4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached to the Resolution of Formation, by which this r eference is incorporated herein.
5. Hearing. Monday, June 6, 2022 at 6:00 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 1033 Fifth Street, Clovis, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of such special tax therein.
6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD.
The publication of said notice shall be completed at least seven (7) days before the date herein set for said hearing. The City Clerk shall also cause a copy of such notice and a copy of the Resolution of Formation to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which notice and resolution shall be mailed at least fifteen (15) days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.
7. Annexation Contingency. Section 53316 of the Act shall apply to the proceedings of the Council for the CFD to the extent that the proceedings, if appropriate, include territory which on the date of adoption of this Resolution of Intention are not annexed to the City and whi ch territory is proposed to be annexed to the City. This Council determines that the City has filed appropriate documents, including a “resolution of application”, with the Fresno County Local Agency Formation Commission (“LAFCO”) for the annexation of territory as therein described, which territory includes all or a portion of the lands proposed for inclusion in the boundaries of the CFD as herein described. A certificate of filing of such application has been issued by the official who is the executive officer of LAFCO, a copy of which certificate of filing is on file with the City Clerk. It is hereby specifically provided that these proceedings for the CFD, to the extent applicable to such territory subject to such LAFCO annexation to the City, shall b e contingent upon and shall be completed only if the annexation of such territory to the City by LAFCO is completed. It is further provided that this Council shall not authorize the levy of the Special Tax nor cause any amended notice of special tax lien to be recorded for the territory to be annexed to the CFD unless and until such annexation proceedings through LAFCO are completed to the satisfaction of this Council.
8. Effective Date. This resolution shall take effect upon its adoption.
* * * * *
11 AGENDA ITEM NO. 3.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on April 18, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: April 18, 2022
______________________________ ______________________________ Mayor City Clerk
12 AGENDA ITEM NO. 3.
13 AGENDA ITEM NO. 3.
TO: Mayor and City Council
FROM: General Services Department
DATE: April 18, 2022
SUBJECT: General Services – Approval – Res. 22-___, Amending the City’s FY 21- 22 Position Allocation Plan by adding one (1) Engineering Inspector position within the Planning and Development Services Department.
ATTACHMENTS: 1. Res. 22-___, Position Allocation Plan
CONFLICT OF INTEREST
None.
RECOMMENDATION
For Council to approve Resolution 22-___ amending the City’s FY 21-22 Position Allocation Plan by adding one (1) Engineering Inspector position within the Planning and Development Services Department.
EXECUTIVE SUMMARY
Currently the Planning and Development Services Department is authorized for five (5) Engineering Inspector/Senior Engineering Inspector positions. It is recommended that the City’s Position Allocation Plan be amended to add one (1) Engineering Inspector Pos ition. Council approval is required for changes to the Position Allocation Plan.
BACKGROUND
The Planning and Development Services Department has recently evaluated the work assignments and needs in the department and has determined that the addition of one (1) Engineering Inspector position will more efficiently support the current needs of the department.
This position would augment the current inspection staff and provide needed capacity to cov er increased volume of C ommunity Investment Projects (CIP). The desired position allocation change results in the need to modify the City’s Position Allocation Plan , which requires Council approval.
14 AGENDA ITEM NO. 4.
FISCAL IMPACT
The fiscal impact of salary and be nefits for the remainder of FY 21 -22 is approximately an additional $8,000. This position is to be fully funded by the CIP projects.
REASON FOR RECOMMENDATION
The addition of one (1) Engineering Inspector will provide the needed capacity to cover the sustained increase in CIP project volume. The change must be reflected in the authorized FY 21-22 Planning and Development Services Department position allocation. Modification of the Position Allocation Plan requires Council Approval.
ACTIONS FOLLOWING APPROVAL
The position allocation for the Planning and Development Services Department will be modified as noted in Attachment 1A. The position vacancy will be filled through a current eligible list.
Prepared by: Lori Shively, Personnel/Risk Manager
Reviewed by: City Manager __AH___
15 AGENDA ITEM NO. 4.
ATTACHMENT 1
RESOLUTION 22-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CLOVIS APPROVING AMENDMENTS TO THE
CITY’S FY 21-22 POSITION ALLOCATION PLAN
WHEREAS, the FY 21-22 Position Allocation Plan in the Planning and Development Ser- vices Department was approved as part of the FY 21-22 City budget adoption process; and
WHEREAS, a review of the staffing needs of the City indicates that the addition of one (1) Engineering Inspector is necessary in order to provide needed capacity to cover the Commu- nity Investment Projects (CIP) workload; and
WHEREAS, amending the City’s adopted FY 21-22 Position Allocation Plan requires City Council authorization.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clovis that the City’s FY 21-22 Position Allocation Plan shall be amended as noted in Attachment A.
* * * * *
The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Clovis held on April 18, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: April 18, 2022
___________________________ __________________________ Mayor City Clerk
16 AGENDA ITEM NO. 4.
ATTACHMENT A
POSITION ALLOCATION ADJUSTMENT BY DEPARTMENT FY 21-22
DEPARTMENT NUMBER OF POSITIONS
Planning and Development Services Department
Add: Engineering Inspector 1.0
17 AGENDA ITEM NO. 4.
TO: Mayor and City Council
FROM: Police Department
DATE: April 18, 2022
SUBJECT: Consider Introduction - Ord. 22 -___, A request to adopt a Military Equipment Use Policy Pursuant to Assembly Bill 481. Approval of Policy 706 and the adopted ordinance will allow the Clovis Police Department to continue to use its existing military equipment in accordance with the new law requirements.
Staff: Curt Fleming, Chief of Police / Brett Hershberger, Police Lieutenant Recommendation: Approve
ATTACHMENTS: 1. Ordinance 22-___
2. Policy 706 of the Clovis Police Department Policy Manual
CONFLICT OF INTEREST
None.
RECOMMENDATION
Staff recommends that the City Council introduce an ordinance adopting a Military Equipment Use Policy in accordance with AB 481.
EXECUTIVE SUMMARY
Staff recommends that the City Council approve a Military Equipment Use Policy, Policy 706 of the Clovis PD Policy Manual. The Policy must be adopted by ordinance to allow the Department to continue using existing military equipment in the Department’s inventory and acquire new equipment for operational needs. The proposed Policy 706 and Ordinance comply with the requirements of AB 481.
AB 481 requires law enf orcement agencies to obtain approval from the applicable governing body of an ordinance adopting a military equipment use policy prior to obtaining, acquiring, and using military equipment. “Military equipment” is defined to include, without limitation, th e following equipment: unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and foundational equipment, such as rifles. This equipment is used as a component of overall best practices for law enforcement agencies throughout the 18 AGENDA ITEM NO. 5.
country. Losing the ability to use this equipment would jeopardize the welfare of citizens and peace officers within the City.
There is a significant interest in ensuring that the Department continues to have access to equipment that provides the Department as many resources as possible to safeguard lives, ensure safety, and protect civil liberties. The use of military equipment is crucial to the Department’s mission and will continue to be strictly regulated through internal processes and oversight, transparency, and City Council and public review.
BACKGROUND
On January 1, 2022, Governor Newsom signed into law AB 481, codified in Governme nt Code sections 7070 through 7075. This new law requires law enforcement agencies to obtain approval from the applicable governing body of a military equipment use policy (adopted by ordinance) before obtaining funding, acquiring, or using military equipment.
The Department seeks City Council’s approval of Policy 706 (Attachment 2), by adopting Ordinance 22-___ (Attachment 1), so that the Department may continue using the equipment as specified in the Policy. The purpose of Policy 706 is to safeguard the public ’s welfare, safety, civil rights, and civil liberties. Policy 706 ensures that there are adequate safeguards in place for the use of such equipment, including transparency, oversight, and accountability.
Policy 706 includes an inventory of each piece of equipment identified in Government Code section 7070 that is currently owned by the City, and the current use and cost of each piece of equipment. The equipment has been appropriately used in accordance with applicable legal requirements before enactment o f AB 481. The Department has not identified a reasonable alternative to the equipment listed in Policy 706 that can achieve the same objective of officer and civilian safety. Policy 706 also allows for other law enforcement agencies to use military equipment when assisting in Clovis as long as the assisting agency has a similar military equipment use policy adopted by its governing body.
As required by AB 481, the proposed Policy 706 has been posted on the Department’s website and available for public review for at least 30 days. If Policy 706 is approved, it will remain posted and publicly available on the Department’s website.
If Policy 706 is approved, AB 481 requires the Department to annually submit a military equipment report for each approved type of military equipment to the City Council for as long as the military equipment is available for use. Additionally, the Department must make each annual report publicly available on its website for as long as the equipment is available for use. The annual report must be presented to and reviewed by the City Council at a regular meeting each year, and the City Council must determine at the annual meeting whether each type of military equipment identified in the report continues to comply with the standard o f approval and determine whether to renew the ordinance approving Policy 706.
Future acquisition of any equipment deemed to be “military equipment” will comply with applicable funding and procurement requirements.
19 AGENDA ITEM NO. 5.
FISCAL IMPACT
None foreseen at time of report.
REASON FOR RECOMMENDATION
Department Policy 706 and the adopting ordinance meet the requirements of Assembly Bill 481, and approval will allow the Department to continue using its existing military equipment to safeguard the public and officers.
ACTIONS FOLLOWING APPROVAL
The Department will continue to use its existing military equipment in accordance with Policy 706 after approval and adoption of the Ordinance.
Prepared by: Brett Hershberger, Police Lieutenant
Reviewed by: City Manager JH
20 AGENDA ITEM NO. 5.
ATTACHMENT 1
ORDINANCE 22-___
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CLOVIS ADOPTING
A MILITARY EQUIPMENT USE POLICY
The City Council of the City of Clovis does hereby ordain as follows:
SECTION 1. Findings.
The City Council finds:
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which codified procedures of funding, acquisition and use of military equipment by law enforcement agencies under Government Code sections 7070 through 7075.
B. Assembly Bill 481 requires law enforcement agencies to obtain approval from the applicable governing body by ordinance adopting a military equipment use policy prior to taking certain actions relating to funding, acquisition, or use of military equipment.
C. Assembly Bill 481 allows a city council of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations pursuant to Government Code section 7071.
D. Assembly Bill 481 requires law enforcement agencies to annually submit to the applicable governing body a military equipment report for each approved type of military equipment for as long as the military equipment is available for use, and to make each annual report publicly available on its website for as long as the equipment is available for use.
E. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the military equipment report submitted by the law enforcement agency to determine whether each type of military equipment identified in the report continues to comply with the standard of approval.
F. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the ordinance and vote on whether to renew the ordinance at a regular meeting.
G. Policy 706 of the Clovis Police Department Policy Manual has been prepared by the Clovis Police Department as its proposed military equipment use policy, and it has been published on the Clovis Police Department’s page of the City’s internet website since March 18, 2022.
H. A duly noticed public meeting was conducted by the City Council at its regular meeting on April 18, 2022, to consider Policy 706.
/ / /
21 AGENDA ITEM NO. 5.
2 SECTION 2. Determinations.
A. Based on the above-findings and the information provided to and considered by the City Council during the public meeting, the City Council determines that Policy 706 of the Clovis Police Department Policy Manual complies with the following standards for approval under Government Code section 7071:
1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Policy 706 of the Clovis Police Department Policy Manual will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. All military equipment use prior to the adoption of Policy 706 of the Clovis Police Department Policy Manual complied with applicable Department policy in effect at that time, and adoption of Policy 706 will ensure future compliance.
B. Policy 706 of the Clovis Police Department Policy Manual is approved and adopted.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption but will not be codified in the City’s Municipal Code.
SECTION 4. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted, and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
APPROVED: _____________,2022
________________________________ ________________________________ Mayor City Clerk
* * * * * * * * * *
22 AGENDA ITEM NO. 5.
3 The foregoing Ordinance 22-___ was introduced at a regular meeting of the City Council of the City of Clovis held on April 18, 2022, and was thereafter duly adopted at a regular meeting of said City Council held on May 2, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: _____________, 2022
________________________________
City Clerk
J:\wdocs\00608\001\ord\00926793.DOCX
23 AGENDA ITEM NO. 5.
Policy
706
Clovis Police Department
Clovis Police Department Policy Manual
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Published with permission by Clovis Police Department
Military Equipment - 1
Military Equipment
706.1 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).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body
– The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles and dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld,ram designed to be operated by one person. • Firearms and ammunition of fifty (.50) caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than fifty (.50) caliber, including firearms and accessories identified as assault weapons pursuant to Penal Code section 30510 and Penal Code section 30515, with exception of standard department issued firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools, including, but not limited to, grenades.
• Munitions containing tear gas or oleoresin capsicum (OC), excluding standard, Department-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and Long-Range Acoustic Devices (LRADs).
• Kinetic energy weapons and munitions, including, but not limited to, projectile launchers, bean bag rounds, and rubber bullets.
ATTACHMENT 2
24 AGENDA ITEM NO. 5.
Clovis Police Department
Clovis Police Department Policy Manual
Military Equipment
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Published with permission by Clovis Police Department
Military Equipment - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Clovis Police Department that members of this department comply with the provisions of Government Code § 7071.
706.3 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 governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Clovis Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. 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.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying military equipment for the Department:
See attachment: Military Equipment List.pdf
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 25 AGENDA ITEM NO. 5.
Clovis Police Department
Clovis Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/30, All Rights Reserved.
Published with permission by Clovis Police Department
Military Equipment - 3
7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to Title 10 of the United States Code section 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 governing body.
(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.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment maybe used by any other law enforcement agencies or members in this jurisdiction if such military equipment has been approved for use in accordance with this policy.
Military equipment used by other law enforcement agencies that are providing mutual aid or assistance to this jurisdiction shall comply with their respective military use policies in rendering mutual aid or assistance.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for Department use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within thirty (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, 26 AGENDA ITEM NO. 5.
Clovis Police Department
Clovis Police Department Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/30, All Rights Reserved.
Published with permission by Clovis Police Department
Military Equipment - 4
at which the Department should discuss the report and respond to public questions regarding Department funding, acquisition, or use of military equipment.
In accordance with Section 706.3(g) of this policy and Government Code section 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. The Department will monitor all complaints, concerns, and questions to ensure timely responses are completed. Complaints, concerns, or questions may be submitted by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: (559) 324-2406
3. Via postal mail to: Clovis Police Department, Attn: Chief of Police, 1233 Fifth Street, Clovis, CA 93612
27 AGENDA ITEM NO. 5.
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Attachments - 5
Attachments
28 AGENDA ITEM NO. 5.
Attachment
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Military Equipment List.pdf - 6
Military Equipment List.pdf
Military Equipment List.pdf
29 AGENDA ITEM NO. 5.
1 Military Equipment
1. Mobile Command Vehicle (MCV) – A vehicle used as a mobile dispatch center and/or office that provides heated and cooled shelter, a source of electricity and lighting, access to Department computer systems, and a place for department members to meet at the scene of a critical incident, pre- planned event, natural disaster, or community event. a. Description quantity, capabilities, and purchase cost The MCV is custom built by the Farber Company on a 2 axel Freightliner Chassis that had an initial cost of $542,608 in 2006. The single unit (1) has a chassis motor which propels the vehicle and a generator which powers all internal electrical components and can provide external power to additional lights or equipment as necessary. The MCV has two full dispatch terminals, space for up to 7 additional workstations, and multiple divider doors that can break up the space into five separate rooms. The MCV has three dedicated cell phone lines and 5 sets of radios that can communicate with all surrounding agencies on both UHF and VHF frequencies.
b. Purpose
To be used at the scene of any pre planned event, community event, critical event, or natural disaster where a portable office, dispatch center, heated or cooled shelter, supplemental power source and/or meeting location is needed. c. Authorized use
Only staff trained in the deployment and operation of the MCV may operate it.
Only members that have a California Class B driver’s license with air brake endorsement may drive the vehicle.
d. Lifespan
The MCV has a 30-year lifespan on the chassis and vehicle. Upgrades on technology inside the vehicle will be on an as needed basis. e. Fiscal Impact
Annual maintenance cost is approximately $1,500.00
f. Training
The drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver will drive the vehicle throughout the city with an experienced driver. 30 AGENDA ITEM NO. 5.
2 The driver shall also undergo California Department of Motor Vehicle commercial vehicle testing.
g. Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.
2. Crisis Negotiation Team (CNT) Vehicle - A vehicle used as a mobile office that provides shelter, access to the Police Department computer systems, and facilities on extended events. a. Description, quantity, capabilities, and purchase cost 2007 General Motors 4500 Utilimaster (custom built) vehicle, cost: $149,654, quantity: 1 The CNT vehicle can be utilized with SWAT/CNT callouts and for community events.
b. Purpose
To be utilized for critical incident callouts and community events. c. Authorized Use
The CNT vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.
d. Lifespan
The CNT vehicle has a 30-year lifespan on a chassis and vehicle. e. Fiscal Impact
Annual maintenance, $600.
f. Training
Once completing a closed training course, the operator will drive the vehicle throughout the city with an experienced driver.
g. Legal and Procedural Rules
Use shall be in accordance with California State law regarding the operation of motor vehicles.
31 AGENDA ITEM NO. 5.
3 3. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC MINI, cost: $500 each, quantity: 20. Miniature UAS that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time.
ii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: $7,500, quantity: 2. UAS that has a color and thermal camera as well as audible speaker and light.
Capable of video recording and weighs 909 grams without a payload, approx. 30 minutes of flight time.
iii. DJI MAVIC ENTERPRISE, cost: $3,500, quantity: 1. UAS that has a color and thermal camera as well as audible speaker and light. Capable of video recording and weighs 899 grams without a payload, approx. 30 minutes of flight time.
iv. DJI MAVIC PRO, cost: $1,500, quantity: 1. UAS that weighs approx. 1.5 pounds, 25-minute flight time and a single-color camera with recording capabilities.
v. DJI PHANTOM 4, cost: $1,600, quantity: 1. UAS that weighs approx. 1380 grams, 28-minute fight time and a single-color camera with recording capabilities.
vi. DJI MATRICE 300 with HT20 camera, cost: $25,000 each, quantity: 1.
UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Has video recording capabilities. vii. DJI MATRICE 210 with Z30 camera, cost: 10,500 each, quantity: 1. UAS that has 30 minutes of flight time without a payload, in all weather, has a zoom camera and light. Has video recording capabilities. viii. SKY HERO LOKI 2, cost: 10,500 for a package of 2, quantity: 1.
Ruggedized interior tactical UAS that has 16 minutes of flight time. It has a forward facing analog fixed day-night + IR camera allowing it to fly in total darkness. Unable to record video currently.
32 AGENDA ITEM NO. 5.
4 ix. SKYDIO 2, cost: $1,100, quantity: 1. UAS that weighs approx. 775 grams, 27 minutes of flight time. It has a zoom camera and 360-degree accident avoidance. It is unable to fly in darkness.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Major collision investigations.
ii. Searching for missing persons.
iii. Natural disaster management.
iv. Crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $10,000. f. Training
All Department UAS operators are required to obtain a PART 107 license. In addition, each operator must attend a basic department training course and participate in ongoing quarterly training.
g. Legal and Procedural Rules
Use is established under FAA Regulations 14 CFR Part 107, COA, FAA waivers, and the City of Clovis UAS policy. It is the policy of Clovis Police Department to 33 AGENDA ITEM NO. 5.
5 utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
4. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a. Description, quantity, capabilities, and purchase cost:
i. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost:
$1000, quantity: 2. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by SWAT personnel.
ii. DEFENSE TECHNOLOGY, 40MM TACTICAL 4-SHOT LAUNCHER, #1440, cost:
$1975, quantity: 2. The 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by SWAT personnel.
iii. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity: 62. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
iv. DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE, CS, #6182, cost:
$30, quantity: 34. The SPEDE-HEAT CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source.
The Spede-Heat family may be used to conceal tactical movement or to route a crowd.
34 AGENDA ITEM NO. 5.
6 v. DEFENSE TECHNOLOGY, SPEDE-HEAT 40MM LONG-RANGE ROUND, SAF SMOKE, #6183, cost: $27, quantity: 12. The Spede-Heat Saf-Smoke Long Range Munitions is designed to deliver one chemical canister of Saf-Smoke™ payload down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high- volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede- Heat 40 mm is designed for outdoor and has a maximum effective range of 150 yards.
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:
i. Situations for use of the less lethal weapon systems may include, but are not limited to:
ii. Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
iv. Training exercises or approved demonstrations.
v. By officers who have been trained in their proper use.
d. Lifespan:
i. Defense Technology #1425- 25 years.
ii. Defense Technology #1440- 15 years.
iii. Model 6182 Defense Technology Spede-Heat 40 MM long-range, CS- 5 years.
iv. Model 6183 Spede-Heat 40mm Long-range Round, Saf Smoke- 5 years.
e. Fiscal Impact:
Annual maintenance is approximately $50 for each launcher.
35 AGENDA ITEM NO. 5.
7 f. Training:
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified and/or Defense Technology less lethal and chemical agent instructors.
g. Legal and Procedural Rules:
The 40mm launchers are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.
5. Distraction Devices: A device used to distract dangerous persons.
a. Description, quantity, capabilities, and purchase cost:
Defense Technology, 7290-2 FLASH-BANG, cost: $52, quantity: 39. A non- bursting, non-fragmenting multi-bang device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. b. Purpose:
A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:
Diversionary Devices shall only be used:
i. In hostage and barricaded subject situations.
ii. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
iii. During other high-risk situations where their use would enhance officer safety.
iv. During training exercises or approved demonstrations. 36 AGENDA ITEM NO. 5.
8 v. By officers who have been trained in their proper use.
d. Lifespan:
Until used.
e. Fiscal Impact:
No annual maintenance.
f. Training:
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors and/or Defense Technology.
g. Legal and Procedural Rules:
Diversion devices are to be used only for official law enforcement purposes and pursuant to State and Federal law, including those regarding the use of force.
6. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost:
i. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CANISTER, CS, #1026, cost: $47, quantity: 18. 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 canister can be hand thrown or launched from a fired delivery system. The canister 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.
ii. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE GRENADE, CS, #1082, cost: $27, quantity: 9. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The 37 AGENDA ITEM NO. 5.
9 volume of smoke and agent is vast and obtrusive. This launchable grenade is
6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent.
iii. DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS GRENADE, #2042, cost:
$48, quantity: 8. The CS Flameless Expulsion Grenade is a compact, non- pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time.
iv. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE MILITARY-STYLE CANISTER, #1083, cost: $38, quantity: 18. The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.
v. DEFENSE TECHNOLOGY, POCKET TACTICAL BLUE SMOKE GRENADE, #1017B, cost: $39, quantity: 3. The Pocket Tactical Blue Smoke Grenade is a small, lightweight device. Though it is slightly over four inches in length, it produces a blue smoke cloud so fast it appears to be an enveloping screen produced by a full size tactical colored smoke grenade. It will burn approximately 20-40 seconds.
vi. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE, #1080, cost $41, quantity: 8- The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high- volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is
6.0 in. by 2.35 in. and holds approximately 0.88 oz. of active agent.
vii. DEFENSE TECHNOLOGY, OC VAPOR AEROSOL GRENADE, #1056, cost: $49, quantity: 12. The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor use in confined areas and once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations 38 AGENDA ITEM NO. 5.
10 where the use of pyrotechnic, powder or liquid devices is not practical or desired.
viii. DEFENSE 1.3% MK-46V STREAM OC AEROSOL #43046, cost: $495, quantity:
1. The MK-46 features a trigger handle, is intended for use in crowd management and will deliver 26 short bursts of OC at an effective range of 25-30 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff.
ix. DEFENSE TECHNOLOGY, SPEDE-HEAT CS, #1072, cost: $40, quantity: 72. The Spede-Heat CS Grenade is 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. It is delivered in a burn safe for safety.
x. DEFENSE TECHNOLOGY, SPEDE-HEAT POCKET TACTICAL CS, # 1072 cost:
$30, quantity: 62. Pocket Tactical Grenade, CS. The Pocket Tactical CS Grenade is a quick burning, reduced volume, continuous discharge grenade.
Pelletized chemical agent is discharged through one (1) gas port located on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agent. The 0.9 oz. of active agent will burn approximately 20-40 seconds. It is delivered in a tomahawk burn safe for safety.
xi. DEFENSE TECHNOLOGY, RUBBER BALL STINGERS CS, cost $ 30, quantity: 13:
The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another.5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.
xii. DEFENSE TECHNOLOGY, STINGERS OC, cost $ 30, quantity: 8: The Stinger OC Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and OC.
The Stinger Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls and chemical agent in a 50-foot radius.
39 AGENDA ITEM NO. 5.
11 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained. Potentially vicious animals.
c. Authorized Use:
Only officers who have been trained in proper use in the use of chemical agents are authorized to use chemical agents.
d. Lifespan:
5 years from manufacturing date.
e. Fiscal Impact:
No annual maintenance.
f. Training:
Sworn members utilizing chemical agent canisters are certified by POST and/or Defense Technology less lethal and chemical agent instructors. g. Legal and Procedural Rules:
Chemical agents will only be used for official law enforcement purposes and pursuant to State and Federal law.
7. Armored Vehicles: Wheeled armored personnel vehicle utilized for law enforcement purposes.
a. Description, quantity, capabilities, and purchase cost i. MRAP, cost: $0, quantity: 1. The MRAP is a United States Army specialized armored vehicle manufactured of common commercial and military parts. It seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It stops various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
40 AGENDA ITEM NO. 5.
12 ii. Lenco Bearcat, G3, cost: $431,133.42, quantity 1. The Lenco Bearcat, G3, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level od a shield and personal body armor.
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. d. Lifespan
Estimated 15-25 years.
e. Fiscal Impact
Annual maintenance of approximately $5,000.
f. Training
All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving. MRAP drivers are required to possess a valid Class B California driver license. The Bearcat may be driven by any Clovis Police Officer trained in the operation of the Bearcat. g. Legal and Procedural Rules
The department will only use the MRAP and Bearcat for official law enforcement purposes, and pursuant to State and Federal law.
8. Explosive Breaching Tools: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost
i. Detonating Cord, cost: $1 per foot, quantity: 90 feet. The detonating 41 AGENDA ITEM NO. 5.
13 cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. Detonating cord is the primary explosive used to defeat doors, walls, windows, and other barricades for SWAT Operators to safely make entry into a specific location, or create distraction, with no risk to the person inside of the room being breached.
ii. Blasting Cap, cost: $12, quantity: 9. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.
iii. Nonel, cost: $429.00 per case, Quantity: 10 total. Nonel is a zero-delay shock tube that contains a reactive explosive compound that provides a safe distance from the explosive initiator to the explosive charge that is placed on the target that is going to be breached.
iv. Remington 870 Express Breaching Shotgun, cost: $500, quantity: 2.
This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).
v. Royal Arms Tesar-2 Back Cap 425 Grain Copper Frangible Breaching Round, cost: $5 per round, quantity: 50. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
vi. Royal Arms Tesar-4 Yellow Cap 750 Grain Copper Frangible Breaching Round, cost: $5 per round, quantity: 45. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.
42 AGENDA ITEM NO. 5.
14 vii. Royal Arms HP C, cost: $6 per round, quantity: 20. The round is fired from a breaching shotgun and is used to cut rebar, penetrate security glass, car doors, and can penetrate engine blocks.
viii. Royal Arms FTR-P1 12 Gauge Frangible Polyshot Training Rounds 48, cost: $2.50 per round, quantity 48. The round is fired from a breaching shotgun and used as a training tool to show how to effectively use and deploy a breaching shotgun.
b. Purpose
To safely force entry into a structure.
c. Authorized Use
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Lifespan
Breaching Shotgun- 25 years, Blasting Caps- 10 years, Detonating cord- 10 years, Royal Arms Tesar-2 black cap 425 grain copper breaching round- 5 years, Tesar-4 yellow cap 750 grain copper frangible breaching round- 5 years, Royal Arms HP cutter 12-gauge hollow point rebar cutter breaching round- 5 years e. Fiscal Impact
Annual maintenance is approximately $500.
f. Training
All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
g. Legal and Procedural Rules
Breaching tools will only be used for official law enforcement purposes, and pursuant to State and Federal law.
43 AGENDA ITEM NO. 5.
15 9. Less Lethal Shotgun: Less Lethal Shotguns are used to deploy the less lethal 12-gauge Defense Technology Beanbag Round.
a. Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946, quantity: 19. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Defense Technology Beanbag Round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.
ii. DEFENSE TECHNOLOGY DRAG STABILIZED 12 GAUGE BEAN BAG ROUND:
cost: $5, quantity: 500. A less lethal 2.4 -inch translucent 12-gauge shotgun round in a tear shaped bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Bean bag rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This design utilizes four stabilizing tails and utilizes smokeless powder as a propellent. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Bean Bag round is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Only Officers who have been instructed on and demonstrated proficient use of this force option are allowed to deploy and utilize it.
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals.
ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained.
iv. Potentially vicious animals.
44 AGENDA ITEM NO. 5.
16 v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less-lethal shotgun- 25 years, Defense Technology Bean Bag rounds- No expiration.
e. Fiscal Impact
Annual maintenance is approximately $5.00 per shotgun.
f. Training
All officers are trained in the use of the 12 gauge less lethal shotgun as a less lethal option through in-service training.
g. Legal and Procedural Rules
Less lethal shotguns are to be used only for official law enforcement purposes, and pursuant to State and Federal law.
10. Robot: A remotely controlled, unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.
a. Description, quantity, capabilities, and purchase cost ICOR Caliber T5, Cost: $120,000, Quantity: 1, Capabilities: It is a compact, two- man portable system that shares the same core design of a large robot. Able to climb stairs and provide disruption capabilities. The T5 is best suited to assist EOD and SWAT teams in inspecting and retrieving of suspicious devices from narrow passages of buses, trains, and places. It’s turreted claw/disruptor arm integrates the remote handling capabilities of a disruptor. Able to lift to 45 pounds with arm retracted and 18 pounds with arm extended. Capable of dragging 200+ pounds.
b. Purpose
To be used to remotely obtain visual and audio intelligence, remotely bring any medium weight items to a safe location, disrupt suspicious packages, X-ray, 45 AGENDA ITEM NO. 5.
17 search buildings/indoor or outdoor areas, provide phones or other items to people during Crisis Negotiations.
c. Authorized Use
Only approved operators who have completed the required training are authorized to use this equipment. These personnel are restricted to EOD team members only and the use is authorized by the Bomb Squad Commander and requested by the Incident Commander incidents.
d. Expected Lifespan
8-10 Years
e. Fiscal Impact
Maintenance and battery replacement at about $1,200 annually.
f. Training
Only EOD team members who have attended HDS six-week certification course or who have completed other necessary training as approved by the Bomb Commander.
g. Legal and Procedural Rules
The robot is to be used only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
46 AGENDA ITEM NO. 5.
18 I. Maintenance of Military Use Supply Levels
When stocks of military equipment such as less lethal rounds, gas canisters, UAS batteries, etc. have reached significantly low levels or have been exhausted, the Department may order an amount sufficient to replenish the supply up to the above listed amounts without city council approval to maintain essential availability for the Department’s needs. Clovis Police Department may also acquire additional stock of items listed here from other law enforcement agencies or CalOES in the event of an emergency when approved by the Chief of Police or designee.
47 AGENDA ITEM NO. 5.
TO: Mayor and City Council
FROM: Administration
DATE: April 18, 2022
SUBJECT: Consider Adoption - Ord. 22 -02, Amending Clovis Municipal Code Section 2.1.32 establishing salaries of City Councilmembers and increasing the present salary to become effective after the November 2022 municipal election. (Vote: 3-1-1, with Councilmember Mouanoutoua voting no and Councilmember Whalen absent.) Staff: Karey Cha, City Clerk
Recommendation: Adopt
ATTACHMENTS: 1. Ordinance 22-02
Please find attached the corrected Ordinance, and direct questions to the City Manager’s office at 559-324-2060.
Please direct questions to the City Manager’s office at 559-324-2060.
48 AGENDA ITEM NO. 6.
ORDINANCE 22-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS AMENDING SECTION 2.1.32 OF CHAPTER 2.1 OF TITLE 2 OF THE CLOVIS MUNICIPAL
CODE RELATING TO SALARIES OF COUNCILMEMBERS
The City Council of the City of Clovis does ordain as follows:
Section 1 Section 2.1.32 of Chapter 2.1 of Title 2 of the Clovis Municipal Code is hereby amended to read as follows:
Salaries of Councilmembers.
Each member of the Council, until the date on which one or more members of the Council begins a new term of office, shall continue to receive the current salary of One Thousand Four Hundred and Fifty Five and no/100ths D ollars ($1,455.00) per month.
From and after the date on which one or more members of the Council begins a new term of office, each member of the Council shall receive as salary, the sum of One Thousand Five Hundred and Thirteen and no/100ths Dollars ($1,513.00) per month.
Section 2 This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
APPROVED: April 11, 2022
__________________________ ___________________________ Mayor City Clerk
* * * * * * * * * * * * *
The foregoing Ordinance was introduced and read at a regular meeting of the City Council held on April 11, 2022, and was adopted at a regular meeting of said Council held on April 18, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: April 18, 2022
________________________________
City Clerk
Attachment 1 49
AGENDA ITEM NO. 6.
TO: Mayor and City Council
FROM: Fire Department
DATE: April 18, 2022
SUBJECT: Receive and File – 2021 Fire Department Annual Report and Council Presentation.
Staff: John Binaski, Fire Chief
Recommendation: Receive and File
ATTACHMENTS: 1. 2021 Fire Department Annual Report
CONFLICT OF INTEREST
None.
RECOMMENDATION
For the City Council to receive and file the Fire Department’s Annual Report for 2021.
EXECUTIVE SUMMARY
The Fire Department Annual Report for 2021 is the Department’s way of communicating to elected officials, cooperating fire agencies, and most importantly, our community, the quality and quantity of service provided to our citizens in 202 1. The report also serves as a record of our activities and accomplishments for future reference and comparison.
BACKGROUND
The Department has many accomplishments to report , and one of the primary reasons for such success is the teamwork between the firefighters, City staff, elected officials, and most importantly, our citizens.
In 202 1, the Fire Department saw the retirement of Fire Engineer Brad Couchman who served our community for over 25 years.
50 AGENDA ITEM NO. 7.
Notable Accomplishments of 2021:
• The Fire Department placed its sixth fire company in service to serve the growth in the Southeast. This unit is being housed at Station 5 until the completion of Station 6 in Spring 2022.
• The Fire Department replaced four command vehicles as well as two fire engines which had been in service since for over 20 years.
• In April, the Fire Department saw its largest hiring since 1999 with the hiring of ten new firefighters to staff Station 6. In October, we hired an additional three firefighters for a total of 13 addition firefighters this year.
• The Fire Department added a second Training Captain to the Training Bureau to provide support to the 13 newly hired firefighters and to accomplish all the required training for our profession.
Challenges for the coming years are many, but nothing that cannot be overcome.
• All measurable response times continue to increase, and the department currently is not within its response time benchmarks. One of the causes for the increase in response times is that the City growth is farther from establi shed fire stations. As the City starts to move growth to the northwest, the department will experience the same issues as we did in the southeast.
• As growth continues in the southeast area of the City, the Department is experiencing longer total response times and an increase in service demands.
As of January 2021, there were 8, 140 homes located in this area, approximately 902 calls for service, and we have been experiencing response times well above our benchmark goal (Attachment 1, Page 6). Fire Station 6 is under construction and is slated to open in late Spring 2022 to serve the southeast area of the City.
• Staffing for Station 6 required the hiring of 9 a dditional fire personnel in 2021 with an estimated annual cost of $1.4 million. The addition of another fire station will result in an annual increase of approximately $500,000 annually to cover all of the overhead costs (utilities, fuel, supplies, insurance, IT, etc.) The total annual General Fund increase to staff and operate the fire station is a round $1.9 million starting in FY 2022/23. The D epartment was very fortunate to receive a federal grant to cover the first three years of the personnel costs for staffing the station. As a result of this grant , the General Fund will not be responsible for the total cost of Station 6 staffing until January 2024.
51 AGENDA ITEM NO. 7.
• Fire Station 2 was originally constructed in 1979 and over the years , an additional apparatus bay was added, and the large bunk room was converted into four small bedrooms. This fire station is now 42 years old and requires significant repair, upgrades, and modernization. Fire Station 2 now requires immediate re -construction and the estimated cost for this proje ct in today’s dollars is approximately $9.5 million.
As you can see, the challenges we face are driven primarily by City growth and budget limitations. Over the past twenty years, the Fire Department has accomplished so much with the resources provided, and we will continue to use the resources provided wisely to serve the citizens of the community . During this period , the Fire Department has maintained accreditation, improved their ISO rating, and found other funding sources for improvements.
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
Annual report of Clovis Fire Department’s activities and performance for 2021.
ACTIONS FOLLOWING APPROVAL
Staff will file the report.
Prepared by: John Binaski, Fire Chief
Reviewed by: City Manager JH
52 AGENDA ITEM NO. 7.
CLOVIS FIRE DEPARTMENT
Service with Pride
2021
ANNUAL REPORT
COMMAND STAFF
John Binaski, Fire Chief
Chris Ekk, Deputy Chief
Jim Damico, Battalion Chief
Jason Ralls, Battalion Chief
Anthony Gomes, Battalion Chief
Chad Fitzgerald, Life Safety
Enforcement Manager
Katie Krahn
Management Analyst
Attachment 1
53 AGENDA ITEM NO. 7.
1 | 2021 ANNUAL REPORT
2021 marks five years that I have had the honor and privilege to serve the residents of Clovis as their Fire Chief.
I work alongside 73 well-trained and highly skilled professional firefighters, fire engineers, fire officers, chief officers, fire inspectors, and administrative staff. T ogether, we provide incredible emergency services to approximately 120,124 residents with 26 square miles in our first due response area.
While the role of the fire service has dramatically changed and increased in complexity over the years, the commitment to serve our community to the best of our ability remains steadfast. Our department recognizes the importance of adaptability and the continual demand to change with the needs of our community.
The Clovis Fire Department saw a lot of exciting changes in 2021. In April, the largest hiring since 1999 occurred with an academy of ten. In July, promotions took place which made it possible to place a sixth fire company in service. In September, the Department placed two new fire engines in-service to replace fire engines which were over 15 years old and in October, we hired an additional three personnel to fill vacancies. The City was fortunate to have received grant funding to reimburse the expenses for nine of the new hires through Fiscal Year 2023/24. When Fire Station 6 opens in April 2022, it will be the first new fire station since the completion of Station 5 in 2006.
The Department saw the retirement of Fire Engineer Brad Couchman. We wish him and his family a happy, well-earned retirement.
We have many great accomplishments to report and one of the primary reasons for such success is teamwork. T eamwork between the firefighters, City staff, our elected officials, and most importantly, our community members is what makes us a highly successful fire department.
Accomplishments of 2021:
The Fire Department placed its sixth fire company in service to serve the growth in the Southeast.
This unit is being housed at Station 5 until the completion of Station 6 in April 2022.
The Fire Department replaced four command vehicles as well as two fire engines which had been in service since 1996.
The Fire Department added a second T raining Captain to the T raining Division to provide support to the 13 newly hired firefighters.
I am exceptionally proud of the men and women that serve in all areas of the Clovis Fire Department. I hope their commitment to our mission and values provide you with the same pride and satisfaction I enjoy each day as their Fire Chief.
John Binaski, Fire Chief
Fire Engineer
Brad Couchman
2021 ANNUAL REPORT
CLOVIS FIRE DEPARTMENT
Message from the Fire Chief
54 AGENDA ITEM NO. 7.
2 | 2021 ANNUAL REPORT
Response Performance
90th Percentile Response Goals and Response Time Performance Administration
CLOVIS FIRE DEPARTMENT
Response First unit arrival, total response time – EMS
Goal 1 Goal: 6 minutes, 30 seconds
Actual Performance: 8 minutes
Response First unit arrival, total response time – MVA/Rescue Goal 2 Goal: 7 minutes
Actual Performance: 8 minutes
Response First unit arrival, total response time – Fire Goal 3 Goal: 7 minutes
Actual Performance: 7 minutes, 43 seconds
Response Effective response force (daily staffing of 16 firefighters) – Fire Goal 4 Goal: 10 minutes, 30 seconds
Actual Performance: 11 minutes, 53 seconds
Response Contain fire to room of origin
Goal 6 Goal: 70 percent of all fire calls for service
Actual Performance: 61 percent of all fire calls for service Response Turnout time for all priority responses
Goal 5 Goal: 1 minute, 30 seconds
Actual Performance: 1 minute, 34 seconds
8:00
8:00
7:43
11:53
61%
1:34
This Annual Report is the Clovis Fire Department’s method of communicating with our elected officials, cooperating fire agencies, and, most importantly, our community about the quality and quantity of services provided in 2021. This report also serves as a record of our activities and accomplishments for future reference and comparison. The illustration below shows the high-level indicators that the Department uses to determine effectiveness and efficiency in a number of service delivery categories. This shows that, in 2021, the Fire Department did not meet or exceed its response-time goals, as it has a record of in past years. This fact is explained by the significant residential growth in all areas of the City over the past 15 years. As Fire Station #6 is slated to open in Spring 2022, and additional staff was added in 2021, 2022 performance should improve and meet performance goals.
55 AGENDA ITEM NO. 7.
3 | 2021 ANNUAL REPORT
Administration
CLOVIS FIRE DEPARTMENT
Strategic Goals
Strategic Initiative Goals and Actual Results
1A Cost per capita (CAFER annual fire budget - OES rev/exp ÷ population served = cost per capita) Below $170 City comparisons: Chico, Davis, Lodi, Manteca, Merced, Roseville, Turlock, Visalia 1C ISO rating
Class 3 or better
2B Property loss — below $2.3 million
Keep property loss due to fire below 5-year average ($2.3 million) 3A Citizen Satisfaction Survey score
90% or better
6A Firefighter injury rate
Less than 14 reportable injuries (less than 20% of personnel) 6B Total injury claim costs
$150,000 or lower (3% or less of total fire-suppression personnel salaries) 1B Accreditation status through the Center for Public Safety Excellence Maintain accreditation status
Fire and Life Safety Strategic Initiative Goals and Actual Results Prevention Actual Result
90%
90%
90%
96%
100%
100%
Goal Actual Result
$167
Class 2
$2,936,340
93%
5 injuries
$40,351
Maintained accreditation status
5A
Timing of permits and inspections
Return 100% of all fire-protection system and building plans for permit issuance within 10 days of submittal and provide inspections within 24 hours of request. 5A-1 Plan checks
Complete plan checks within 10 days, 90% of the time.
5A-2 Project approval
Approve 90% of projects within three (3) plan checks.
5A-3 State-mandated inspections
Complete 90% of State-mandated inspections (E, R-2, R2.1, H). 5C Fire investigations
Investigate 100% of all fires reported.
5C-1 Clearance of fire investigations
Clear 90% of all fire investigations cases within one year. 56 AGENDA ITEM NO. 7.
4 | 2021 ANNUAL REPORT
Call Volume by Type, 2019-2021
Incident Type 2019 2020 2021 3-Year Average
Emergency Medical 6,599 6,566 7,13 4 6,766
Good Intent/Service Call 2,253 2,097 2,082 2,144
Fire 351 386 386 374
Hazardous Materials/Explosion 193 178 130 167
Rescues & Vehicle Accidents 467 397 427 430
False Alarm & False Call 799 647 613 686
TOTAL 10,662 10,274 10,772 10,569
Administration
CLOVIS FIRE DEPARTMENT
Calls for Service
When citizens encounter a problem they do not inherently know how to solve, and they do not know who else to call, they often call 9-1-1/dispatch. Good intent/service calls are minor emergencies that require a response to investigate or mitigate before becoming significant emergencies. Examples of these call types include a burst water pipe, smoke mistaken to be a structure fire, trees and/or power lines down due to storm damage, vehicle locked with a child inside, and a citizen who needs help getting up after a fall. The numbers of good intent/service calls and calls of other types are outlined in the table below.
2021 Call Volume by Type
Emergency Medical
66%
Good Intent/
Service Call
19%
Fire
4%
Hazardous Materials/Explosion
1%
Rescues & Vehicle Accidents
4%
False Alarm & False Call
6%
Total Response Time Performance
The graphic on the next page shows total
response time performance in the Department’s
service area, color coded to show the 90th
percentile performance of first-arriving units
to priority calls. The times indicate the period
from call pick-up to unit arrival. Areas in red
and purple are those in which response times
are the longest, which is primarily due to the
travel distance from a fire station. The outlying
peripheral areas are the most significant challenge
in terms of response time performance over
time. Almost all fire agencies have peripheral
areas with longer response times; as such, the
presence of red and purple areas is not uncommon.
Longer response times, as noted in the graphic,
are well above industry norms and continue to
grow based on projected development.
57 AGENDA ITEM NO. 7.
5 | 2021 ANNUAL REPORT
First-Arriving Unit, Priority Calls, 90th Percentile Performance 0:01 - 6:30 6:31 - 7:00 7:01 - 7:30 7:31 - 8:00 8:01 +
T otal Response Time Performance
CLOVIS FIRE DEPARTMENT
58 AGENDA ITEM NO. 7.
6 | 2021 ANNUAL REPORT
First-Arriving Unit, Priority Calls, 90th Percentile Performance in Southeast Service Area The graphic to the left shows total response time
performance in the southeast area, color coded to show
the 90th percentile performance of first-arriving units to priority calls. The times indicate the period from call pick-up to unit arrival.
Station 6
CLOVIS FIRE DEPARTMENT
Southeast Area Statistics, 2016-2020
Statistic 2016 2017 2018 2019 2020 2021
Single Family Homes 2,791 3,349 5,059 7, 474 8,056 8,140 Calls for Service 326 371 410 731 948 902
Total Response Time 8:04 9:46 9:48 10:17 9:49 11:14
With continued growth in the Southeast, the service area for Station 4 continues to rise in geography, population density, and call volume. In this area, single family homes have increased 289% and calls for service have risen 291% since 2015. Using these statistics, along with the actual response times, the Department has developed a first-due response area for Station 6. The table above illustrates how the number of single-family residences has increased over the last five years, which correlates to an increase in call volume. Construction will be completed in the Spring of 2022 and the personnel and apparatus has already been set in place so that the new station can open immediately.
This will ensure residents continue to receive the service levels adopted by Council. 59 AGENDA ITEM NO. 7.
7 | 2021 ANNUAL REPORT
Operations
CLOVIS FIRE DEPARTMENT
On February 15, 2021, at approximately 2:23 a.m., a vehicle fire was reported at 1665 T ollhouse Rd, Anlin Windows & Doors. When the first unit arrived, a tractor trailer was on fire extending to the connected trailer and threatening surrounding structures. Additional resources were requested, and the fire was contained to the tractor trailer and prevented any damage to surrounding buildings.
Fire loss for this incident was estimated at $350,000.
On February 2, 2021, at approximately 9:54 a.m., an apartment fire occurred at 115 W . Santa Ana significantly damaging the apartment of origin displacing the residents and causing minor damage to an adjoining apartment.
Fire loss for this incident was estimated at $115,000.
On Jun 3, 2021, at approximately 1:27 p.m. two houses were damaged by a fire that was reported behind a house at 676 Harvard Ave. Upon arrival, first units reported a fire in between two houses that had extended to both residences. Additional units from Fresno Fire and Fresno County Fire were requested to contain the fire, which extended to the backyard of a third house but did not damage the house. There were no injuries reported and two dogs were saved from one of the involved houses.
Fire loss for this incident was estimated at $350,000.
Significant Events
The most common property type for fire loss within the City of Clovis continues to be due to fires in single and multi-family residences.
Number of Mutual Aid Incidents, 2018 – 2020
2017 2018 2019 2020 2021 5-Year
Average
Fresno County - Received 272 265 322 234 313 281
Fresno County - Received 285 239 283 217 280 261
Fresno City - Received 250 233 310 205 208 241
Fresno City - Provided 650 592 707 605 881 687
OES- Provided 74 49 34 65 44 53
60 AGENDA ITEM NO. 7.
8 | 2021 ANNUAL REPORT
The Clovis Fire Department continues to focus on providing high-quality, up-to-date, and essential training to all personnel, including numerous required and recurring firefighting-related training programs mandated by multiple sources. State and national standards require a minimum of 240 training hours per employee, annually. Various regulations, mandates, and consensus standards are utilized to develop training curricula to ensure compliance with National Fire Protection Association, CAL-OSHA, the Insurance Services Office, and other state and national organizations.
In 2021 over 22,000 hours of training were completed, averaging about 328 hours per personnel. Multi-company and multiagency trainings were able to take place with COVID safety measures in place. Training topics included service training for our new OES Type 3 engine and our two new Pierce Velocity PUC engines, Acting Engineer Evaluations, Advanced Fire Control First-In Operations, along with multiple specialty team floor trainings. A multi-agency training included an Active Threat Drill in conjunction with Clovis Police Department, Clovis Emergency Response Team, and Clovis Unified ROP Fire Program, Clovis Explorer Post 330, and American Ambulance.
There were two firefighter recruit academies that took place at the Training Center and utilized the newly formed Firefighter Skills Cadre. The first being a group of 10 firefighters and the second with 3 firefighters for a total of 13 new safety personnel. Completion of task book overhauls to align with State standards was completed on the Firefighter, Driver Operator, and Captain task books.
The upcoming year will focus on a new training classroom facility that will include two classrooms and offices for the training captains, the formation of a new Driver/Operator Cadre, Acting Captain Evaluations, Driver/Operator Academy, and an Aerial Driver Operator Academy for the new recruits. The Training Center will also be a site for the Fresno Training Symposium in 2022.
Training Bureau
CLOVIS FIRE DEPARTMENT
2021 Training Hours by Category
61 AGENDA ITEM NO. 7.
9 | 2021 ANNUAL REPORT
All Fire facilities are inspected monthly for compliance with all regulations as outlined by the City’s Risk Management Division. We also participate in the voluntary CalOSHA program, which allows for an annual compliance inspection of one fire facility.
Rating Description
A Meets current needs of the organization and complies with current applicable codes and regulations (UBC, UFC, ADA, OSHA, etc.).
B Meets the needs of the organization, but the building needs some ongoing repairs and/or improvements to comply with industry best practices or applicable regulations.
C Meets the basic needs of the organization, but the building either lacks features needed by assigned personnel or needs significant repairs/improvements to comply with industry best practices or applicable regulations.
D Sub-standard; facility does not meet the needs of the organization, the structure needs significant upgrades, and it is out of compliance with current building codes or applicable regulations.
F Facility has major structural issues; emergency crews cannot be assigned.
Ratings
Station Analysis
Facilities
CLOVIS FIRE DEPARTMENT
Facility Age Needs Grade
Station 2 43
· The fire station is approximately 40 years old without any major interior remodeling or upgrades.
· Many areas of the fire station are not ADA compliant. · Only one bathroom and not private.
· Illegal bedroom configuration with only one exit
· No fire sprinklers
F
Training
Center
· The bathrooms are not ADA compliant and showers need to be added for proper personnel decon after training.
· Breakroom needs to be reconfigured for ADA compliance and reduced in size to expand office area.
· Bathroom to be accessible from the exterior for when personnel are dirty from live fire training.
D
Station 3 33
· The station was never designed with a workout room, a dining area, or proper storage.
· Low-water landscaping retrofit.
B
Station 4 22 · Kitchen remodeling to add a dining area. · Bathroom update. B
Station 5 15 · Low-water landscaping retrofit. A
Station 1 14 A
62 AGENDA ITEM NO. 7.
10 | 2021 ANNUAL REPORT
The Clovis Fire Department’s front-line apparatus, comprised of five fire engines and one ladder truck, are part of the City’s emergency response infrastructure and are positioned throughout the service area. The Department also owns three reserve vehicles and two specialty vehicles. All apparatus are graded in the table below, according to the American Public Work Association (APWA) Fleet Replacement Guide.
Vehicle Life Measurements
Grading Score:
Points associated
with each
Age:
Department goal is
10 year average
Hours:
Total engine runtime
during lifespan
Maintenance Percentage:
Repairs compared to current
market replacement costs
1 0-5 years 0-3,500 0-20%
2 6-10 years 3,501-6,500 21-35%
3 11-15 years 65,001-10,000 36-50%
4 >16 years >10,001 >51%
Fire Apparatus
CLOVIS FIRE DEPARTMENT
Grading Score Outcomes Based on Total Points
A
3-4
B
5-6
C
7-8
D
9-10
F
11-12
Vehicle Type Unit Year Age Hours Maintenance Grade
Engine E-40* 2003 19 12,835 48% F
Engine E-243 2006 16 8,447 40% D
Engine E-41 2011 11 8,298 34% C
Aerial Truck T-241 2008 14 9,276 32% C
Engine-Wildland BE-40 2004 18 4,008 14% C
Engine E-42 2014 8 8,662 20% B
Engine E-46 2021 1 80 0% A
Engine E-44 2020 2 793 0.5% A
Engine E-45 2020 2 463 0.7% A
Aerial Truck T-41 2019 3 1,087 2% A
Engine E-43 2018 4 2,488 5% A
*E-40 is slated for replacement with the order of E-42.
Year and Number of Apparatus in Service
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Public Education
Public Education serves as the behavioral change component of community risk reduction efforts. While inspections and plan checking provide for the necessary safety elements of the built-out community, training and public outreach provide a foundation for actions citizens can take to further reduce property/life loss in their homes or workplace.
Beginning with our youngest residents, Clovis Firefighters, in conjunction with the Alisa Ann Ruch Burn Foundation, conduct annual assemblies in 15 Clovis elementary schools. Firefighters In Safety Education (FISE) use props and an interactive format allowing students to learn core concepts such as stop/drop/roll, stay low under smoke, and how to develop and execute a home escape plan. As in prior years, post testing of students shows a 40% improvement of lifesaving concepts that reduce life and property loss within the community. With in-classroom learning curtailed, FISE personnel and administrative staff have relied on social media outreach efforts to push seasonal safety messages and provide the public information regarding home hazard reduction throughout the year.
Inspection Statistics
Inspection Type Total Number
of Occupancies
Completed
Inspections
Percentage
Completed
Biennial Inspections-Crews 774 773 97%
Biennial Inspections-Prevention 954 505 53%*
Annual State Mandated 342 327 96%
Community Risk Reduction
CLOVIS FIRE DEPARTMENT
Prevention
Inspections of new businesses and existing occupancies are an integral component to ensure the economic vibrancy of the community while reducing community risk for residents. Recurring inspections maintain a connection of citizens to the Fire Department and reduce potential threats to customers, occupants, and first responders alike. Continuing from 2020, Clovis Fire Department has continued to progress in achieving compliance with SB-1205 which requires schools, hotels, hospitals, nursing facilities, and apartments be inspected annually. There are 2,864 occupancies in Clovis that qualify for inspection. Of these, 342 are required to be inspected annually by the State Fire Marshal’s Office. The Department has a goal of inspecting the remaining occupancies on a biennial basis. Fire Prevention personnel and engine companies prioritize inspections based on risk. The number of occupancies fluctuates annually as new businesses are built and old businesses are redeveloped. In addition to existing occupancies, inspections of new commercial buildings are completed at various stages of construction prior to occupancy to ensure fire protection and supply systems are within code.
*reduced percentage due to part-time staffing until full-time was added In September 2021 64 AGENDA ITEM NO. 7.
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Emergency Preparedness
As a shared responsibility led by the Clovis Fire Department, 2021 continued to require staff at all levels to take an active role in COVID-19 response efforts. Since March of 2020, personnel from all City departments continue to support logistics, continuity of operations, and local business support as COVID-19 evolved along with changes in mitigation and mandates. An event of local significance occurred at Woods Mobile Home Park in December when a power outage impacted all residents. With low temperatures and COVID protocols limiting residents’ ability to sustain alternative housing or secure groceries, personnel conducted a quick needs assessment and coordinated support for Woods that included food delivery, improved communications with PG&E to assist in addressing the outage and offered residents the use of the Senior Center in the event that temperatures dropped further requiring alternative overnight sleeping arrangements.
Clovis Community Emergency Response Team
This past year, Clovis CERT training was curtailed once again due to COVID-19 restrictions on in-person meetings.
While training was paused, CERT members did play a valuable role in local events as mask and vaccine mandates were lifted. CERT members provided critical assistance at the Clovis Rodeo by staffing the first aid booth. Over the course of the weekend, 10 volunteers bandaged simple scrapes and also provided water and cooling to event attendees. CERT volunteers also worked with Clovis Fire and Clovis Police Department as part of an active shooter drill. During the single day event, CERT volunteers role-played survivors of a shooting at a large community event. CERT members were able to see how the agencies worked collaboratively and understand the importance of run, hide, fight as a survival technique taught during CERT basic. Finally, CERT was activated in support of the Woods Mobile Home Park support.
Along with City staff, CERT was able to canvass the complex, conduct needs assessments and deliver food to residents unable to secure meals on their own.
Community Risk Reduction
CLOVIS FIRE DEPARTMENT
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EMS Calls
Time Interval Benchmark Metric Average 2017 2018 2019 2020 2021 Call Processing 0:01:30 Count 5,940 4,654 4,387 5,285 5,309 5,079 90th Percentile 0:0:1:53 0:01:43 0:01:39 0:01:42 0:01:58 0:02:12 Turnout 0:01:30 Count 5,065 4,707 4,447 5,360 5,434 5,378 90th Percentile 0:01:27 0:01:27 0:01:25 0:01:25 0:01:28 0:01:29 Travel 0:04:00 Count 6,085 4,723 4,448 5,362 5,431 5,377 90th Percentile 0:04:59 0:04:49 0:04:45 0:04:55 0:05:02 0:05:12 Total Response 0:07:00 Count 5,079 4,737 4,453 5,371 5,445 5,388 90th Percentile 0:07:29 0:07:17 0:07:01 0:07:12 0:07:32 0:08:00 Fire Calls
Time Interval Benchmark Metric Average 2017 2018 2019 2020 2021 Call Processing 0:01:30 Count 187 203 155 190 182 206
90th Percentile 0:01:52 0:01:51 0:01:48 0:01:48 0:01:53 0:01:52 Turnout 0:01:30 Count 199 218 157 204 202 214
90th Percentile 0:01:41 0:01:41 0:01:36 0:01:37 0:01:40 0:01:43 Travel 0:04:00 Count 199 221 156 199 201 216
90th Percentile 0:05:39 0:06:07 0:05:28 0:05:27 0:05:51 0:05:18 Total Response 0:07:00 Count 191 208 157 192 189 208
90th Percentile 0:08:03 0:08:13 0:07:41 0:07:41 0:08:24 0:08:00 Rescue and Vehicle Accidents
Time Interval Benchmark Metric Average 2017 2018 2019 2020 2021 Call Processing 0:01:30 Count 577 696 528 555 539 569
90th Percentile 0:01:46 0:01:40 0:01:44 0:01:44 0:01:46 0:01:58 Turnout 0:01:30 Count 591 714 545 567 546 583
90th Percentile 00:01:31 0:01:32 0:01:30 0:01:26 0:01:29 0:01:34 Travel 0:04:00 Count 591 713 546 566 546 583
90th Percentile 0:04:55 0:04:56 0:04:49 0:04:43 0:04:45 0:05:10 Total Response 0:07:00 Count 589 708 544 564 546 582
90th Percentile 0:07:26 0:07:24 0:07:26 0:07:13 0:07:08 0:07:43 Community Risk Reduction
CLOVIS FIRE DEPARTMENT
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Appendix
City Population and CFD Sworn Staff Comparison
Clovis General Fund and CFD Budget
CLOVIS FIRE DEPARTMENT
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Appendix
CLOVIS FIRE DEPARTMENT
3-Year Workload by 1st Due Area
Number
Unit 2017 2018 2019 2020 2021 5-Year
Average
T41 1,758 1,731 2,150 1,639 2,081 1,817
E42 3,221 3,374 3,402 3,230 3,191 3,299
E43 1,843 1,846 2,219 1,922 2,095 1,938
E44 2,048 2,059 2, 211 2,519 2,462 2,176
E45 1,248 1,304 1,452 1,410 1,455 1,318
TOTAL 10,118 10,314 11, 434 10,720 11, 28 4 10,549 Number of Calls by First-Due Unit, 2017-2021
4,000
3,000
2,000
1,000
0 Sta 1 Sta 2 Sta 3 Sta 4 Sta 5
2017 2018 2019 2020 2021
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Appendix
CLOVIS FIRE DEPARTMENT
Unit Reliability
Unit Hour Utilization by Year
69 AGENDA ITEM NO. 7.
TO: Mayor and City Council
FROM: Administration
DATE: April 18, 2022
SUBJECT: Consider Approval – Appointments to Personnel Commission and Planning Commission.
Staff: John Holt, City Manager
Recommendation: Approve
ATTACHMENTS:
None
CONFLICT OF INTEREST
None.
RECOMMENDATION
It is recommended that the Mayor, subject to approval by the City Council, consider the reappointment of Alma A ntuna and Amy Hatcher to the Planning Commission. The reappointments are for a four-year term of office which would expire in May of 2026.
It is also recommended that the Mayor, subject to approval by the City Council, consider the reappointment of Scott Fetterhoff to the Personnel Commission. The reappointment is for a four- year term of office which would expire in May of 2026.
Additionally, it is recommended for the Mayor, subject to approval by the City Council, to make appointments to the Personnel Commission.
EXECUTIVE SUMMARY
Planning Commissioners Alma Antuna and Amy Hatcher, whose terms of office expire in May of 2022, have requested to be reappointed. Mayor Flores is recommending that the Planning Commissioners be reappointed.
Personnel Commissione r Scott Fetterhoff, whose term of office expires in May of 2022, has requested to be reappointed. Mayor Flores is recommending that the Personnel Commissioner be reappointed.
70 AGENDA ITEM NO. 8.
There are three openings on the Personnel Commission due to the expired terms o f office for Kari Mercer, Darren Rose, and Jerry Schuber, and they have requested not to be reappointed.
Interviews were conducted with interested applicants, and Mayor Flores is recommending the appointments of Eric Zetz, Thomas Klose, and James Verros. If appointed, their terms of office will expire in May of 2026.
BACKGROUND
Planning Commissioners Alma Antuna and Amy Hatcher’s terms of office expire in May of 2022, and they have requested reappointment. Mayor Flores is recommending the reappointment of Alma Antuna and Amy Hatcher as Planning Commissioners. Their term of office will expire in May of 2026.
Personnel Commissioners Kary Mercer, Darren Rose, and Jerry Schuber’s terms of office expire in May of 2022, and they have requested not to be reappointed. Interviews were conducted with interested applicants, and Mayor Flores is recommending the appointmen ts of Eric Zetz, Thomas Klose, and James Verros as Personnel Commissioners. One other Personnel Commissioner’s term of office expires in May, and he has requested reappointment. Mayor Flores is recommending the reappointment of Scott Fetterhoff as Personnel Commissioner. His term of office will expire in May of 2026.
FISCAL IMPACT
None.
REASON FOR RECOMMENDATION
Pursuant to Clovis Municipal Code Chapter 9.1, the Mayor, with approval of the City Council, shall make appointments to the Personnel and Planning Commissions.
ACTIONS FOLLOWING APPROVAL
Staff will inform the appointed Personnel and Planning Commissioners of the action taken by the City Council.
Prepared by: Rebecca Simonian, Executive Assistant
Reviewed by: City Manager JH
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