| Vol. 17 No. 21 | Final Edition | |
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CLOVIS CITY COUNCIL MEETING
October 15, 2001
OCTOBER 15, 2001 7: 00 P. M. COUNCIL
CHAMBER
Meeting called to order by Mayor Flores Flag Salute led by Mayor Pro Tem Ashbeck
Roll Call: Present: Councilmembers Armstrong, Ashbeck, Magsig, Wynne, Mayor Flores
Absent: None
PRESENTATION OF LIFE SAVING AWARDS FOR POLICE OFFICERS GARY MEJIA AND LOUIE DURAN
Police Chief Joe Maskovich presented Police Officers Gary Mejia and Louie Duran with Life Saving Awards for saving the life of a Clovis woman who was crushed in a car accident on May 11, 2001.
ROCLAMATION -BUILDING AND CONSTRUCTION INDUSTRY WEEK
Mayor Flores presented a proclamation to Jim Ware, President, Jeff Roberts and Chris Hickey, Board Members of the Clovis Chamber of Commerce, proclaiming November 11 -17, 2001, as Building and Construction Industry Week.
PUBLIC COMMENT
Ron Sundquist, resident, wished to acknowledge the good work the Clovis Chamber of Commerce does for our community and to thank all their employees.
CONSENT CALENDAR
Motion by Councilmember Armstrong, seconded by Councilmember Wynne, that the items on the Consent Calendar be approved. Motion carried.
a) Approved -Request by the City of San Joaquin to donate used garbage trucks for their "Sister City" in Ixtlahuacan Colima, Mexico.
b) Received and Filed -Treasurer's report for the month of August 2001.
c) Received and Filed -Investment report for the month of August 2001.
d) Received and Filed -General Services Department Monthly Report for August 2001.
e) Approved -Resolution 01-133 -Final Map Tr. 4980, located at the southeast corner of Carson and Ashlan Avenues, and authorize recording of final map. N. T. Hill, Inc., a California Corporation, dba R. J. Hill Company, applicant. 1
f) Approved -Resolution 01-134 -Annexation of proposed Tr. No. 4980, located at the southeast corner of Carson and Ashlan Avenues to the Landscape Maintenance District No. 1 of the City of Clovis.
g) Approved -Resolution 01-135 -Summary vacation of a public water main easement at 1855 Herndon Avenue (Sonic Burger).
h) Received and Filed -Fire Department Monthly Report for August 2001.
i) Approved -Request to waive formal bid procedure to purchase mobile data computer screens and keyboards.
j) Approved -Authorize purchase of police patrol cars and motorcycles via State of California contracts.
k) Approved -Bid award to Al-Jon, Inc. in the amount of $642,359.00 for purchase of replacement landfill compactor, and authorize the exercise of the buy-back option on the Landfill's Al-Jon compactor for $109,000.00.
CONTINUED -THIRD GENERAL PLAN AMENDMENT CYCLE FOR 2001:
It was the consensus of Council to continue discussion of the third General Plan Amendment Cycle for 2001 to the meeting of November 5, 2001, to allow for further discussion of GPA2001-12.
1. GPA2001-08, A REQUEST TO AMEND THE LAND USE DESIGNATION FOR APPROXIMATELY ONE ACRE LOCATED AT THE SOUTHWEST CORNER OF NEES AND NORTH TEMPERANCE AVENUES FROM GENERAL PLAN MIXED-USE AREA 36 (RESEARCH AND TECHNOLOGY PARK) AND HERNDON-SHEPHERD SPECIFIC PLAN MIXED USE TO COMMERCIAL. BEAL PROPERTIES, INC., OWNER; LOGAN AND ASSOCIATES, APPLICANT.
Senior Planner David Fey presented a report on a request to amend the land use designation for property located at the southwest corner of Nees and North Temperance Avenues.
David Fey indicated that the applicant is requesting that a one-acre portion of a larger 4.5-acre parcel be redesignated from Mixed Use Area 36 (Research and Technology (R& T) Park) to commercial for development of a neighborhood commercial use. David Fey indicated that the policies governing commercial development in this area were adopted through GPA99-5, which created the R& T Park in the General Plan and the Herndon-Shepherd Specific Plan.
David Fey indicated that this request is inconsistent with the R& T Park commercial development policies that require that all commercial development uses are to be ancillary to the research and technology uses. David Fey indicated that the Planning Commission and staff recommend denial of the GPA request. George Beal, applicant, and Monte Montemagni, representing the applicant, spoke in support of the request and provided a presentation on the proposed land use.
Mike Jennings, local resident, spoke in support of the request because he approves of the proposed land use. Brian Heryford, Cathleen Papenhausen, Debbie Britz, Donna Conti, and Robert Iverson, all area residents, spoke in opposition to the request because they believed the proposed land use would be incompatible due to it's proximity to Dry Creek Elementary and residential neighborhoods; the impact on traffic; availability of multiple similar sites near the proposed site; safety of children due to increased traffic, and impact on their residential property values.
Dick Boranian, owner/ operator, Johnny Quik Store on the corner of Tollhouse and Herndon Avenue, spoke in opposition to the request because of his concern that the approval of this request would set a bad precedent in the R& T Park, and that the R& T Park should be allowed to develop as planned.
Discussion by the Council. It was the consensus of Council, with Councilmember Magsig and Mayor Flores dissenting, to deny the request to amend the land use designation for approximately one acre located at the southwest corner of East Nees and North Temperance Avenues from General Plan Mixed-Use Area 36 (R& T Park) and Herndon-Shepherd Specific Plan Mixed Use to Commercial.
2. GPA2001-09, A REQUEST TO AMEND APPROXIMATELY 9.27 ACRES LOCATED AT THE SOUTHWEST CORNER OF FOWLER AND ALLUVIAL AVENUES FROM GENERAL PLAN LOW DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL AND FROM HERNDON-SHEPHERD SPECIFIC PLAN LOW DENSITY SINGLE FAMILY RESIDENTIAL TO LOW DENSITY MULTIPLE FAMILY RESIDENTIAL TO FACILITATE THE DEVELOPMENT OF A SENIOR HOUSING MULTIPLE UNIT PROJECT. VERNON A. GOYETTE, OWNER; WG ENTERPRISES, RICHARD GINDER JR., GENERAL PARTNER, APPLICANT.
Senior Planner David Fey presented a report on a request to amend property located at the southwest corner of Fowler and Alluvial Avenues to facilitate the development of a senior housing multiple unit project.
David Fey indicated that the project area is zoned R-A, single family residential estate district, which is intended to provide for the development of single family residential estates in a semi-rural environment.
David Fey indicated that senior citizen housing is permitted in R-A with a conditional use permit.
David Fey indicated that the Planning Commission and staff recommend conditional approval of this General Plan Amendment request as Mixed Use Area 39.
Richard Ginder, applicant, and Dirk Poeschel, representing the owner and applicant, spoke in support of the request. John Jopesian, Brian Thompson, Darryl Duzey, Larry Fulkerson, and John Rice, area residents, all spoke in support of the project.
Isabel Lawson, resident, spoke in support of the request but also requested the development community to consider building senior housing in Clovis that seniors could buy rather than rent.
Discussion by the Council. It was the consensus of Council to amend approximately 9.27 acres located at the southwest corner of Fowler and
Alluvial Avenues from General Plan Low Density Residential to Medium High Density Residential and from Herndon-Shepherd Specific Plan Low Density Single Family Residential to Low Density Multiple Family Residential to facilitate the development of a Senior Housing Multiple Unit Project.
3. GPA2001-10, A REQUEST TO AMEND APPROXIMATELY 20.03 ACRES LOCATED ON THE NORTH SIDE OF SIERRA AVENUE BETWEEN WILLOW AND PEACH AVENUES FROM GENERAL PLAN LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND THE NORTHWEST SPECIFIC PLAN LOW DENSITY SINGLE FAMILY RESIDENTIAL DESIGNATION OF 9,500-18,000 MINIMUM SQUARE FOOT LOTS TO 7,500-9,500 SQUARE FOOT LOTS. THIS PROJECT IS BEING PROCESSED CONCURRENTLY WITH REZONE R2001-10 AND TENTATIVE MAP 5031. EDWANDA MYRON LIVING TRUST, AVIS CHILINGERIAN AND DIANA CHILINGERIAN, JONATHAN MYRON CHILINGERIAN, LISA DIANE MELKONIAN, ANDREW KENNETH MELKONIAN TRUST, GREGORY AVEDIS MELKONIAN TRUST, JENNA MARIE CHILINGERIAN TRUST, OWNERS; BONADELLE DEVELOPMENT CORPORATION, APPLICANT.
Senior Planner David Fey presented a report on a request to amend property located on the north side of Sierra Avenue between Willow and Peach Avenues.
David Fey indicated that this project lies within the Northwest Area Plan, adopted in 1978, which is Low Density Single Family Residential (9, 500 – 18,000 square foot lots) with the variable lotting pattern having the equivalent density of 3.2 to 3.5 units per acre.
David Fey indicated that, in comparison, Low Density Residential is 2.1 to 4.0 units per acre and 4.1 to 7.0 for Medium Density Residential.
David Fey indicated that this GPA is requested because many of the proposed lot sizes for the project are inconsistent with the current land use designation.
David Fey indicated that the applicant is requesting the GPA to permit R-1-7500 zoning and facilitate development of 67 lots ranging in size from approximately 8,000 square feet to over 17,000 square feet.
David Fey indicated that the staff report had a typographical error in reporting the acreage – the report indicated 17.34 acres and actual gross acreage of the proposed site is 20.03 acres.
David Fey indicated that with 67 units the proposed density, if approved, will be approximately 3.4 units per acre. John Bonadelle, applicant, spoke in support of the request.
Paul Hinkle, Phillip Sage, and Carey Dutcher, area residents, spoke in opposition to the request because of the number of maps that are being circulated, the misinformation about the actual project size and subsequent number of units per acre, and the concern that putting smaller lots / homes near their larger lots / homes will negatively impact their property values. Recessed: 9: 00 p. m. Reconvened: 9: 07 p. m. Discussion by the Council.
It was the consensus of Council to amend approximately 20.03 acres located on the north side of Sierra Avenue between Willow and Peach Avenues from General Plan Low Density Residential to Medium Density Residential and the Northwest Specific Plan Low Density Single Family Residential designation of 9,500-18,000 minimum square foot lots to 7,500-9,500 square foot lots.
4. GPA2001-12, A REQUEST TO AMEND THE GENERAL PLAN AND THE NORTHWEST AREA PLAN FOR APPROXIMATELY 3.5 ACRES LOCATED ON THE SOUTH SIDE OF HERNDON AVENUE BETWEEN DEWITT AND FREEWAY 168 FROM INDUSTRIAL TO AN EXTENSION OF MIXED USE AREA 5. TERRY TUELL, OWNER; JCT DEVELOPMENT II, LLC, RANDEL MATHIAS, REPRESENTATIVE, APPLICANT.
Senior Planner David Fey presented a report on a request to amend the General Plan for property located on the south side of Herndon Avenue between Dewitt and Freeway 168.
David Fey indicated that the applicant is requesting to amend the General Plan and the Northwest Area Plan for approximately 3.5 acres at the proposed site to facilitate the development of a gas station, convenience store with carwash, 90-room hotel, a restaurant, and office development.
David Fey indicated that the site is currently vacant and the Planning Commission and staff are recommending approval of the General Plan amendment as an extension of Mixed Use Area 5.
There being no public comment, Mayor Flores closed the public portion. Discussion by the Council. It was the consensus of the Council to continue the discussion of GPA2001-12 to the Council meeting of November 5, 2001.
Council indicated that it was the policy of Council to not approve a request of this nature without either the applicant, owner, or representative present at the Council meeting.
APPROVED – RESOLUTION 01-136, (EA2001-22) APPROVING LETTERMAN PARK AS THE SITE FOR A COMMUNITY SKATE PARK FACILITY; AND ADOPTING A NEGATIVE DECLARATION PURSUANT TO CEQA GUIDELINES, AND ISSUING A CERTIFICATION OF DEMINIMIS IMPACT FOR THE ENVIRONMENTAL ASSESSMENT.
General Services Director Robert Ford presented a report on the site selection of Letterman Park as the location for a community skate park facility. Robert Ford indicated that community skate park facilities have become very popular over the past several years because inline skating and skateboarding are among the fastest growing recreational activities in the country among young people.
Robert Ford indicated that in 1997 the California legislature signed AB1296 into law, which significantly reduced the public liability exposure for operators. Robert Ford indicated that the high demand for approved skate facilities is evidenced throughout local communities by the number of skaters utilizing public facilities, school, businesses and private parking lots for skating.
Robert Ford indicated that the estimated cost of a skate facility is $250,000 to $350,000 for a 20,000 – 25,000 square foot facility. Robert Ford indicated that the recommended site for the skate park is Letterman Park because of its central location and high visibility for safety and monitoring because it will be on Villa Avenue.
Jarred Peterson, resident and skater, spoke in support of the report and development of a community skate park so that kids like him could have a place to skate without breaking the law. Ricki Ulrick, Rick Benson, and Denise Carly, all of the Clovis Sunrise Rotary Club, spoke in support of the project and pledged funding.
Jim Ware, President, Clovis Chamber of Commerce, spoke in support. Scott Braze, Ron Sundquist, Terry Berrum, and Isabel Lawson, residents, spoke in support of the project in order to provide Clovis kids a place to legally skate.
Council indicated that, for the record, they were in receipt of a petition signed by approximately twenty-five residents of the apartment complex located across the street from the proposed site. Council indicated that the property owner and tenants were concerned about increased activity in the area and patrons of the proposed skate park cutting through the complex to and from the park.
Discussion by the Council. Motion by Councilmember Armstrong, seconded by Councilmember Wynne, that the Council, by Resolution 01-136, approve Letterman Park as the site for a community skate park facility, and adopting a negative declaration pursuant to CEQA guidelines, and issuing a certification of deminimus impact for the environmental assessment. Motion carried.
APPROVED -INTRODUCTION – ORDINANCE 01-31, R2001-10, A REZONE OF APPROXIMATELY 20.03 ACRES LOCATED ON THE NORTH SIDE OF SIERRA AVENUE BETWEEN WILLOW AND PEACH AVENUES FROM THE R-1-AH (LOW DENSITY SINGLE FAMILY RESIDENTIAL MINIMUM LOT SIZE 18,000 SQUARE FOOT WITH PROVISION FOR HORSES) ZONE DISTRICT TO THE R-1-7500 (LOW DENSITY SINGLE FAMILY RESIDENTIAL MINIMUM LOT SIZE 7,500 SQUARE FOOT) ZONE DISTRICT. EDWANDA MYRON LIVING TRUST, AVIS CHILINGERIAN AND DIANA CHILINGERIAN, JONATHAN MYRON CHILINGERIAN, LISA DIANE MELKONIAN, ANDREW KENNETH MELKONIAN TRUST, GREGORY AVEDIS MELKONIAN TRUST, JENNA MARIE CHILINGERIAN TRUST, OWNERS; BONADELLE DEVELOPMENT CORPORATION, APPLICANT; AND APPROVED – RESOLUTION. 01-137, TM5031, AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A 68 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF SIERRA AVENUE BETWEEN WILLOW AND PEACH AVENUES. EDWANDA MYRON LIVING TRUST, AVIS CHILINGERIAN AND DIANA CHILINGERIAN, JONATHAN MYRON CHILINGERIAN, LISA DIAN MELKONIAN, ANDREW KENNETH MELKONIAN TRUST, GREGORY AVEDIS MELKONIAN TRUST, JENNA MARIE CHILINGERIAN TRUST, OWNERS; BONADELLE DEVELOPMENT CORPORATION, APPLICANT.
It was the concurrence of Council to hear the above two items concurrently because they relate to the same piece of property and project. City Planner Dwight Kroll presented a report on a request to rezone of approximately 20.03 acres located on the north side of Sierra Avenue between Willow and Peach Avenues and to appeal the Planning Commission denial of TM5031.
Dwight Kroll indicated that this project lies within the Northwest Area Plan, adopted in 1978, which is Low Density Single Family Residential (9, 500 – 18,000 square foot lots) with the variable lotting pattern having the equivalent density of 3.2 to 3.5 units per acre.
Dwight Kroll indicated that there has been some confusion regarding this rezone and tract map because of the number of iterations of maps that are circulating.
Dwight Kroll indicated that on September 27, 2001, this tentative map was denied by the Planning Commission due to concerns raised in staff's report and adjacent residential neighbors regarding the impact the proposed residential subdivision would have on the existing circulation element.
Dwight Kroll indicated that area residential neighbors were concerned about the impact of opening up Los Altos Avenue through the subdivision would have on their neighborhoods because of increased volume and speed of traffic.
Dwight Kroll indicated that after the Planning Commission denial, the applicant met with area residents and submitted a revised map (Exhibit "E") to address concerns raised by the adjacent residential neighbors, which does not open up Los Altos Avenue. Dwight Kroll indicated that staff was recommending Exhibit "C" of the staff report which provides for a connection of Los Altos Avenue to the west by way of a knuckle that will also connect the tract through to Sierra Avenue.
Dwight Kroll indicated that prior to the Council meeting, the applicant submitted a revised Exhibit "E" which provided for a minimum lot size of 8,000 square feet and a lot count of 67 units. John Bonadelle, applicant, spoke in support of the request.
David Wood, Alan Fahri, Jay Labadie, Richard Rix, Charles Dutkevitch, and Mark Kirst, all neighboring residents, spoke in support of revised Exhibit "E" provided by the applicant. Isabel Lawson, resident, spoke in opposition to the revised Exhibit "E" because of her concerns with ingress and egress of safety vehicles.
Jeff Adolph, area resident, spoke in opposition to the request because he supported staff's recommendation, Exhibit "C", which opened up Los Altos Avenue to provide for a logical traffic circulation through the neighborhoods. Paul Hinkle, area resident, spoke in opposition to the request because he believed that addition of the two additional lots in the revised Exhibit "E" was unwarranted. Discussion by the Council. Motion by Councilmember Wynne, seconded by Councilmember Armstrong, that the Council approve the introduction of Ordinance
01-31, rezoning approximately 20.03 acres located on the north side of Sierra Avenue between Willow and Peach Avenues from the R-1-AH (Low Density Single Family Residential minimum lot size 18,000 square foot with provisions for horses) Zone District to the R-1-7500 (Low Density Single Family Residential minimum lot size 7,500 square foot) and adopting a negative declaration pursuant to CEQA guidelines, and a "De Minimus" finding exemption pursuant to the requirement of the California Department of Fish and Game Code Section 711.4. Motion carried.
Motion by Councilmember Armstrong, seconded by Councilmember Ashbeck, that the Council uphold the appeal of the Planning Commission denial, and approve TM5031, a 67 lot single family residential subdivision for the property located on the north side of Sierra Avenue between Willow and Peach Avenues specifically identifying the revised Exhibit "E" as the map approved. Motion carried.
APPROVED – RESOLUTION 01-138, APPROVING SUBMITTAL OF A ROBERTI-Z'BERG-HARRIS GRANT PROGRAM APPLICATION FOR THE VALLEY NATURE EDUCATION CENTER AND AUTHORIZING THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR TO EXECUTE DOCUMENTS RELATED THERETO
Planning and Development Services Director John Wright presented a report on a request to approve a grant application package. John Wright indicated that the Roberti-Z'Berg- Harris Competitive Grant Program began in 1976 with the passage of legislation, which provided a means of addressing critical neighborhood park needs. John Wright indicated that the 2000 Bond Act provides $3,779,000 in funds to be awarded to cities with populations less than 300,000 located in urbanized areas. John Wright indicated that the grants must be used for high priority projects that satisfy the most urgent park and recreation needs, with emphasis on unmet needs in the most heavily populated and most economically disadvantaged areas. John Wright indicated that the grant is for projects between $30,000 and $250,000, and requires a 30% local match, which cannot come from State sources. John Wright indicated that staff is recommending submitting a Roberti-Z'Berg-Harris competitive grant application for the proposed Valley Nature Education Center project. There being no public comment, Mayor Flores closed the public portion. Discussion by the Council. Motion by Councilmember Armstrong, seconded by Councilmember Wynne, that the Council, by Resolution 01-138, approve the submittal of a Roberti-Z'Berg-Harris Competitive Grant Program Application for the Valley Nature Education Center and authorizing the Planning and Development Services Director to execute documents related thereto. Motion carried.
COUNCIL COMMENTS
Councilmember Armstrong indicated that there would be a tree planting at 10: 00 a. m. on Saturday, November 3, 2001, in front of City Hall to replace the City Christmas Tree that had to be removed earlier in the year. Councilmember Armstrong indicated that the tree was being dedicated to former Councilmember Tom Stearns and encouraged everyone to come out on that morning for the planting. Councilmember Ashbeck wished to thank General Services Director Robert Ford for the format of his department report that compared goals and objectives with actual results.
CONSIDERED -REVIEW AND COMMENT ON CITY OF FRESNO NOTICE OF PREPARATION, COPPER RIVER RANCH PROJECT
Planning and Development Services Director John Wright presented a report on the City of Fresno Copper River Ranch Project. John Wright indicated that the City of Fresno has issued a Notice of Preparation (NOP) for the Copper River Ranch Environmental Impact Report (EIR) with comments due no later than 5: 00 p. m., October 19, 2001. John Wright indicated that Fresno County certified a draft EIR for the Copper River Ranch project in November 2000. John Wright indicated that the Copper River Ranch project was approved by Fresno County and is now being processed by the City of Fresno. John Wright indicated that staff was preparing a response to the NOP and encouraged Council input. Council indicated their concern as to the process of how the project would be developed considering the project site is currently out the City of Fresno's sphere of
influence and they also questioned the tax sharing agreement and how the 1983 Joint Resolution affected the development of this project. Council directed staff to include the items discussed in the response to the NOP.
APPROVED -RESOLUTION 01-139 -AUTHORIZING SUPPLEMENTAL PAY FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY DURING OPERATION ENDURING FREEDOM
General Services Director Robert Ford presented a report on supplemental pay for city employees called to active duty. Robert Ford indicated that due to the recent military actions in Afghanistan, some U. S. military reservists have been ordered to active duty status. Robert Ford indicated that the city has three full time employees who are also reservist. Robert Ford indicated that California law requires employers to pay reservist who are recalled their full salary for thirty (30) days of active duty, after which employers are not required to pay them their regular salaries. Robert Ford indicated that the supplemental pay is designed to compensate employees for any difference between their active military pay and their city salaries and would be in effect for all duty in connection with Operation Enduring Freedom. There being no public comment, Mayor Flores closed the public portion. Discussion by the Council. Motion by Councilmember Armstrong, seconded by Councilmember Ashbeck, that the Council, by Resolution 01-139, authorize supplemental pay for city employees called to active duty during Operation Enduring Freedom. Motion carried.
CONSIDERED -STATUS REPORT OF CITY EMERGENCY PLANS AND READINESS
Fire Chief Jim Schneider, Police Chief Joe Maskovich, and Public Utilities Director Alan Weaver presented a report on the City Emergency Plans and Readiness. Jim Schneider indicated that in light of the recent terrorist attacks in the United States; states, cities, and citizens are showing a heightened awareness in emergency planning and emergency readiness. Jim Schneider provided background information and an update on the City of Clovis emergency plans and the readiness of the Clovis Fire, Police, and Public Works Departments in the handling of unknown emergency incidents. There being no public comment, Mayor Flores closed the public portion. Discussion by the Council. It was the consensus of the Council to receive and file the report.
CLOSED SESSION
Mayor Flores adjourned the meeting at 11: 15 p. m. to Closed Session in accordance with: Government Code Section 54957.6 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representatives: K. Millison, R. Ford, W. McMillen Employee Organizations: Clovis Police Officers Association, Clovis Fire Fighters Association Clovis Public Works Employee Affiliation, Clovis Unaffiliated Employees and stated that no public action would be taken. <Blockquote>
ADJOURNMENT
Mayor Flores adjourned the meeting of the Council to October 29, 2001.
Meeting adjourned: 11: 25 p. m.
Mayor City Clerk
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