CLOVIS CITY COUNCIL MEETING March 4, 2019 6:00 P.M. Council Chamber Meeting called to order by Mayor Whalen Flag Salute led by Councilmember Mouanoutoua Roll Call: Present: Councilmembers Ashbeck, Bessinger, Flores, Mouanoutoua Mayor Whalen Absent: None Mayor Whalen recognized Ron Sundquist on this day of his birth and led the audience in singing happy birthday. PRESENTATION 6:03 P.M. 1. PRESENTATION OF PROCLAMATION DESIGNATING THE SECOND SATURDAY IN MARCH AS ARBOR DAY Mayor Whalen presented Parks Manager Eric Aller with a proclamation designating the second Saturday in March as Arbor Day. PUBLIC COMMENTS 6:06 Wayne McMillan, resident, and volunteer at the Clovis Senior Center, spoke in support of everything at the Senior Center. Resident, spoke in support of the Senior Center. Carol Cusomono, county resident (Minnewawa / International) commented on a proposal for Clovis Unified to acquire property in the northwest for a school site. Wes Butler, Del Rey resident, spoke in support of the Senior Center. Vickie McGee, resident, spoke in support of the Senior Center. CONSENT CALENDAR 6:19 Motion by Councimember Ashbeck, seconded by Councimember Bessinger, that the items on the Consent Calendar, except Items 7 and 9, be approved. Motion carried by unanimous vote. 2. City Clerk = Approved = Minutes from the February 19, 2019 Council Meeting. 3. Finance - Approved = Res. 19-18, A Resolution of Intention (ROI) to Annex Territory (Annexation #55) (T6225 & T6245-North East Corner of Ashlan and Locan.), to the Community Facilities District (CFD) 2004-1 and to Authorize the Levy of Special Taxes Therein and Setting the Public Hearing for April 8, 2019. 4. General Services Approved Res. 19-19, Amending the City's FY 18-19 Position Allocation Plan by deleting one (1) Management Analyst position and adding one (1) Supervisor of Animal Services position within the Police Department. 5. Planning and Development Services - Approved - Res 19-20, Amending the Community Investment Program Budget for FY 2018-2019 to Reflect an Increase in Construction Cost in the amount of $50,000.00 for CIP 17-19; Award the Bid for CIP 17-19 Paula, Homsy, and San Gabriel Sewer Replacement, and; Authorize City Manager to execute the contract on behalf of the City. March 4, 2019 1- 12:26 PM 6. Planning and Development Services - Approved - Res. 19-21, Approving and reaffirming an exemption under the California Environmental Quality Act (CEQA) for a previously approved expansion of the Sphere of Influence (SOI) for the Northeast Area of the City of Clovis under Res. 17-96 dated September 5, 2017. 8. Public Safety - Approved = Education and Training Affiliation Memorandum of Understanding between the City of Clovis and Clovis Unified School District for use and improvements of Fire Training Facility, and Approved - Res 19-23, Amending the General Services budget to reflect $62,120 in associated MOU revenues to be allocated for Fire Training Facility improvements. 10. Public Utilities - Approved - Contract Award for tree pruning services. 11. Public Utilities = Received and Filed = Public Utilities Report for October 2018 6:21 - CONSENT CALENDAR ITEM 7 - PLANNING AND DEVELOPMENT SERVICES APPROVED - RES. 19-22, AMENDING THE MULTI-JURISDICTIONAL 2015-2023 HOUSING ELEMENT TO INCORPORATE THE SITE INVENTORY PER THE JANUARY 10, 2019, REQUEST OF HOUSING AND COMMUNITY DEVELOPMENT AND IN ACCORDANCE WITH THE CITY'S RECENTLY ADOPTED NOVEMBER 5, 2018, RHNA OVERLAY ZONE DISTRICT AND P-F ZONE DISTRICT ORDINANCE (ORD. 18-26). City Planner Bryan Araki presented a report on a request to approve a resolution amending the mult-jurisdictional 2015-2023 housing element to incorporate the site inventory per the January 10, 2019, request of housing and community development and in accordance with the city's recently adopted November 5, 2018, RHNA overlay zone district and P-F zone district ordinance (Ord. 18-26). On November 5, 2018, the Council adopted Ordinance Ord.18-26, for an amendment to the Development Code adding the RHN Overlay Zone District and modifying the P-F Zone District to accommodate affordable housing. This request includes the site inventory related to the adopted Ordinance per request by Housing and Community Development (HCD). Approval of this request will be forwarded to HCD for review and determination on the re-certification of the City's Housing Element. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. Motion by Councilmember Ashbeck, seconded by Councimember Mouanoutoua, for the Council to approve a resolution amending the mult-jurisdictional 2015-2023 housing element to incorporate the site inventory per the January 10, 2019, request of housing and community development and in accordance with the city's recently adopted November 5, 2018, RHNA overlay zone district and P-F zone district ordinance (Ord. 18- 26). Motion carried by nanimous vote. 6:26 - CONSENT CALENDAR ITEM 9 - PUBLIC SAFETY - APPROVED - RES. 19-24, AMENDING THE POLICE DEPARTMENT'S BUDGET FOR FY 2018-2019 TO REFLECT AN INCREASE OF $73,470.12 FOR VIDEO STORAGE COSTS ASSOCIATED WITH AXON BODY CAMERAS, AND AUTHORIZE THE CITY MANAGER TO SIGN A 5 YEAR AGREEMENT WITH AXON IN THE AMOUNT OF $ 477,107.48 Police Captain Curt Fleming addressed questions regarding a report on a request to amend the Police Department's budget for FY 2018-2019 to reflect an increase of $73,470.12 for video storage costs associated with Axon body cameras, and authorize the city manager to sign a 5 year agreement with Axon in the amount of $ 477,107.48. March 4, 2019 -2- 12:26 PM Mike Cunningham, resident, requested staff explain why the amount seemed sO high. Discussion by the Council. Motion by Councimember Ashbeck, seconded by Councimember Flores, for the Council to approve a request to amend the Police Department's budget for FY 2018-2019 to reflect an increase of $73,470.12 for video storage costs associated with Axon body cameras, and authorize the city manager to sign a 5 year agreement with Axon in the amount of $ 477,107.48. Motion carried by unanimous vote. PUBLIC HEARINGS 12. 6:29 - APPROVED - RES. 19-25, RESOLUTION APPROVING A PROPOSED MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING PROGRAM FOR COMMUNITY INVESTMENT PROJECT, CIP13-02, SHEPHERD AND MINNEWAWA AVENUES INTERSECTION MPROVEMENTS Engineering Services Manager Ryan Burnett presented a report on a request to approve a resolution approving a proposed mitigated negative declaration and adopting a mitigation monitoring program for Community Investment Project, CIP13-02, Shepherd and Minnewawa Avenues intersection improvements. Ryan Burnett provided an overview of the proposed mitigated negative declaration and update on a few projects in the area. City Engineer Mike Harrison addressed questions of City Council. Carol Cusomono, county resident, spoke in support of the project. Discussion by Council. Motion by Councimember Ashbeck, seconded by Councimember Mouanoutoua, for the Council to approve a resolution approving a proposed mitigated negative declaration and adopting a mitigation monitoring program for Community Investment Project, CIP13-02, Shepherd and Minnewawa Avenues intersection improvements. Motion carried by unanimous vote. 13. 6:41 - REVIEWED - THE 2019 FIVE-YEAR FINANCIAL FORECAST FOR THE CITY OF CLOVIS THROUGH FISCAL YEAR 2023-24 AND DISCUSS OPTIONS FOR BUDGET PREPARATION FOR 2019-2020 City Manager Luke Serpa and Finance Director Jay Schengel presented a report on the 2019 Five-Year Financial Forecast for the City of Clovis through Fiscal Year 2023-24 and discuss options for budget preparation for 2019-2020. The Five-Year Financial Forecast is a management tool that is updated and prepared each year to provide the City Council and City management with information on trends for the City's long-term financial condition. The Forecast represents a continuing effort to analyze the City's fiscal condition based upon a reasonable set of economic and operational assumptions. Itis a very important management tool for identifying fiscal trends and issues which must be addressed early in order to assure continued financial success. This forecast shows a structural balance through 2023-24 with some ability to improve services. This report will serve as an opportunity to review the information in context with guidance for providing for the City's core services in a sustainable manner. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. It was the consensus of City Council to receive and file the report. March 4, 2019 -3- 12:26 PM 14. 7:30 - APPROVED VARIOUS ACTIONS RELATED TO CITY ENGINEER CLASSIFICATION: A. APPROVED INTRODUCTION - ORD. 19-04, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLOVIS ADDING ARTICLE 6 (NOT CURRENTLY USED), AND SECTIONS 2.2.601,2.2.602, 2.2.603, 2.2.604, AND 2.2.605 OF CHAPTER 2.2 (OFFICERS AND EMPLOYEES) TO THE CLOVIS MUNICIPAL CODE PERTAINING TO THE POSITION OF CITY ENGINEER; AND B. APPROVED = RES. 19-26, AUTHORIZING THE CITY ENGINEER TO APPROVE AND EXECUTE AGREEMENTS AND OTHER INSTRUMENTS INCIDENTAL TO DEVELOPMENT PROJECTS APPROVED BY THE CITY COUNCIL; AND C. APPROVED - RES. 19-27, AUTHORIZING AMENDMENTS TO THE CITY ENGINEER CLASSIFICATION Personnel / Risk Manager Lori Shively presented a report on various actions related to City Engineer classification. The proposed ordinance codifies the City Engineer's authority to review and approve plans, specifications and/or designs for private development and for public improvements. This ordinance also codifies the City Engineer's authority to inspect City public works projects prior to acceptance by the City and subsequent release of performance and maintenance bonds. These are duties that are required of the City Engineer and this ordinance more clearly defines the required job duties. The accompanying resolution expressly delegates authority to the City Engineer to execute agreements and other instruments incidental to development projects approved by City Council. In combination with the ordinance and resolution, staff requests approval of a resolution updating the City Engineer job classification. A copy of the revised job classification was provided as an attachment to the staff, with major changes highlighted. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. Motion by Councimember Ashbeck, seconded by Councilmember Flores, for the Council to approve the Introduction - Ord. 19-04, an ordinance of the City Council of the City of Clovis adding Article 6 (not currently used), and Sections 2.2.601,2.2.602, 2.2.603, 2.2.604, and 2.2.605 of Chapter 2.2 (officers and employees) to the Clovis Municipal Code pertaining to the position of City Engineer. Motion carried by unanimous vote. Motion by Councimember Ashbeck, seconded by Councilmember Flores, for the Council to approve a resolution authorizing the City Engineer to approve and execute agreements and other instruments incidental to development projects approved by the City Council. Motion carried by unanimous vote. Motion by Councimember Ashbeck, seconded by Councilmember Flores, for the Council to approve a resolution authorizing amendments to the City Engineer classification. Motion carried by unanimous vote. CORRESPONDENCE 15.NONE. March 4, 2019 4 12:26 PM ADMINISTRATIVE ITEMS 16. 7:34 - APPROVED - RES. 19-28, AMENDING THE CITY OF CLOVIS POLICY ON NAMING MUNICIPAL FACILITIES ADOPTED ON APRIL 4, 2005, AND CONSIDER THE RENAMING OF SIERRA MEADOWS PARK TO DAVID MCDONALD PARK General Services Director Shonna Halterman presented a report on a request to amend the City of Clovis policy on naming Municipal Facilities adopted on April 4, 2005, and consider the renaming of Sierra Meadows Park to David McDonald Park. At the City Council meeting of February 4, 2019, Council provided direction to staff to amend the existing City of Clovis Policy on naming Municipal Facilities with the following motion and vote: Motion by Councilmember Ashbeck, seconded by Councilmember Flores, for the Council to direct staff to amend the municipal facilities naming policy to include an option that the Council determine the name or direct a Committee as outlined in the policy with the City Council to ultimately approve the recommendation of the Committee or select another name of their choosing. Motion carried 3-2 with Councilmember Mouanoutoua and Mayor Whalen voting no. Staff has prepared an amended policy to reflect direction received on February 4, 2019, as shown in Attachment (B) of the staff report. Other minor revisions to the document are included in the attachment. At issue at the February 4, 2019, Council discussion was the possible renaming of Sierra Meadows Park, at Sierra and Temperance Avenues, to David McDonald Park to honor Mr. McDonald due to his recent passing and the significant contributions he has made to the City of Clovis. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. Motion by Councimember Flores, seconded by Councimember Bessinger, for the Council to approve a request to amend the City of Clovis policy on naming Municipal Facilities adopted on April 4, 2005. Motion carried 4-1 with Councilmember Mouanoutoua voting no. Motion by Councilmember Mouanoutoua, seconded by Councilmember Ashbeck, for the Council to rename Sierra Meadows Park to recognize David McDonald as agreeable to staff and family of Mr. McDonald. Motion carried by unanimous vote. 17. 7:40 - ADOPTED - ORD. 19-01, R2018-14, APPLYING DEVELOPMENT STANDARDS TO AN EXISTING M-U (MIXED USE) ZONE DISTRICT FOR 28.6 ACRES OF PROPERTY GENERALLY LOCATED BETWEEN SIERRA AVENUE AND FIFTH STREET ALONG THE VETERANS PARKWAY ALIGNMENT (PLANNING AREA #9) OF THE CENTRAL SPECIFIC PLAN. CITY OF CLOVIS, OWNERAPPLICANT. (VOTE: 4- 0-0-1 WITH COUNCILMEMBER FLORES ABSTAINING) (CONTINUED FROM THE MEETING OF FEBRUARY 11, 2019) Mayor Whalen indicated that this item was on the regular agenda because at introduction on February 11, 2019, it was approved with a less than unanimous vote. Councilmember Flores indicated that he would abstain due to a potential conflict of interest due to property owned in the area and left the dais. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. March 4, 2019 5- 12:26 PM Motion by Councilmember Ashbeck, seconded by Councilmember Bessinger, for the Council to approve Ord. 19-01, R2018-14, a request to apply development standards to an existing M-U (Mixed Use) Zone District for 28.6 acres of property generally located between Sierra Avenue and Fifth Street along the Veterans Parkway alignment (planning area #9) of the Central Specific Plan. Motion carried 4-0-0-1 with Councimember Flores abstaining. Councimember Flores returned to the dais. 18. 7:47 - ADOPTED - ORD. 19-02, AMENDING SECTIONS 4.7.03(G) AND 4.7.05 OF CHAPTER 4.7 OF TITLE 4 OF THE CLOVIS MUNICIPAL CODE PERTAINING TO THE NUMBER OF FIREWORKS STANDS ALLOWED AND APPLICANT PERMITTING PROCESS. (VOTE: 3-0-2 WITH COUNCILMEMBERS ASHBECK AND MOUANOUTOUA ABSENT) Mayor Whalen indicated that this item was on the regular agenda because at introduction on February 19, 2019, it was approved with a less than unanimous vote. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. Motion by Councilmember Flores, seconded by Councimember Bessinger, for the Council to adopt Ord. 19-02, amending sections 4.7.03(g) and 4.7.05 of chapter 4.7 of title 4 of the clovis municipal code pertaining to the number of fireworks stands allowed and applicant permitting process. Motion carried by 3-0-0-2 with Councilmember Ashbeck and Mouanoutoua abstaining. 19. 7:48 - ADOPTED ORD. 19-03, R2018-13, APPROVING A REZONE OF APPROXIMATELY 2.75 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF N. CLOVIS AND DAKOTA AVENUES FROM THE C-M (COMMERCIAL = LIGHT MANUFACTURING) AND R-2 (LOW DENSITY MULTIPLE FAMILY RESIDENTIAL - 1 UNIT/3,000 SQ. FT.) ZONE DISTRICTS TO THE C-2 COMMUNITY COMMERCIAL) ZONE DISTRICT. CITY OF CLOVIS, CLOVIS COLONY INVESTORS, LLC, OWNERS; JEAY DAKOTA, LLC, APPLICANT. (VOTE: 3-0-2 WITH COUNCILMEMBERS ASHBECK AND MOUANOUTOUA ABSENT) Mayor Whalen indicated that this item was on the regular agenda because at introduction on February 19, 2019, it was approved with a less than unanimous vote. Aaron Santos, area resident, provided a letter to the Council and analysis, and spoke in opposition due to concerns of negative impacts that the project would have on his property. Lori Doyle, representing the applicant, spoke in support of the project. City Planner Bryan Araki addressed questions of Council. Eric Tinkin, applicant, spoke in support of the project. There being no public comment, Mayor Whalen closed the public portion. Discussion by Council. Motion by Councilmember Flores, seconded by Councimember Bessinger, for the Council to adopt Ord. 19-03, R2018-13, a request to approve a rezone of approximately 2.75 acres of land located at the northeast corner of N. Clovis and Dakota Avenues from the C-M (Commercial Light Manufacturing) and R-2 (Low Density Multiple Family Residential - 1 unit/3,000 sq. ft.) Zone Districts to the C-2 (Community Commercial) Zone District. Motion carried by 3-0-0-2 with Councilmember Ashbeck and Mouanoutoua abstaining. March 4, 2019 -6- 12:26 PM CITY MANAGER COMMENTS 8:02 City Manager Luke Serpa commented on being out of the office this weekend, but back in town for the meeting on Monday night. COUNCIL ITEMS 8:03 20. Council Comments Councimember Ashbeck reported out that she will not be in town for the meeting of April 1, 2019. She also wished candidates good luck on Election Day, March 5, 2019. Councilmember Flores reminded all to get out and vote tomorrow. Councilmember Mouanoutoua commented on a trip he took representing the Mayor in southern California regarding the Regional Housing Needs Assessment compliance. He also noted that he was chosen as a member of the Environmental Committee of the League of California Cities. He also wished to thank Clovis Police Department for their participation in the funeral of Fresno Police Department Phia Vang by having their honor guard attend and noted they attended the entire ceremony. Mayor Whalen thanked Councimember Mouanoutoua for going to Southern California representing him on the Regional Housing Needs Assessment compliance meeting with Governor Newsom. He also handed out a post card notification that a church sent out on a community meeting that he indicated was very well done. CLOSED SESSION 8:09 21. Government Code Section 54956.9 CONFERENCE WITH LEGAL COUNSEL = ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 One case (Threat of litigation by DeBenedetto Properties, LP as reflected in 1/8/19 Letter) Mayor Whalen adjourned the meeting of the Council to March 11, 2019 a * Meeting adjourned: 8:36 p.m. R Mayor CityClerk March 4, 2019 -7- 12:26 PM