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CLOVIS CITY COUNCIL MEETING

January 20, 2015 6:03 P.M. Meeting called to order by Mayor Ashbeck

Flag Salute led by Councilmember Armstrong

Council Chamber

Roll Call: Present: Councilmembers Armstrong, Flores, Magsig, Whalen Mayor Ashbeck

Absent: None 6:04 PUBLIC COMMENTS

Mark Govan, representing Liberty Tax Service, requested the City look at allowing seasonal businesses to attract new business by allowing such things as employees in costume.

6: 11 CONSENT CALENDAR

Motion by Councilmember Armstrong, seconded by Councilmember Flores, that the items on the Consent Calendar be approved, including the waiver of the reading of the ordinances. Motion carried by unanimous vote.

A1) Approved - Minutes for the December 8, 2014 and January 12, 2015 Council meetings.

A2) Adopted - Ord. 15-01, OA2014-02, A request to amend Table 2-7 of Section 9.14.030 of the Clovis Municipal Code for a modification to Mixed Use Area Number 36 within the Research and Technology Park, allowing for buildings under the 20,000 sq. ft. requirement). Valley Public Radio, applicant. (Vote: 5-0)

A3) Adopted - Ord. 15-02, R2014-16, A request to prezone from the County AE20 Zone District to the R-R (Rural Residential) Zone District. (Vote: 5-0)

A4) Adopted - Ord. 15-03, R2014-17, A request to rezone from the R-A (Single-Family Residential - 24,000 sq. ft. min.) Zone District to the R-1-7500 (Single-Family Residential -7,500 sq. ft. min.) Zone District. (Vote: 5-0)

A5) Adopted - Ord. 15-04, R2014-18, A request to rezone approximately .75 acres of property located on the north side of Herndon Avenue, between Sunnyside and Fowler Avenues from the R-A (Single-Family Residential - 24,000 sq. ft. min.) Zone District, to the C-2 (Community Commercial) Zone District. Habib Jafari-Tabrizi and Kelly Marie Jafari-Jafari-Tabrizi, owner/applicant. (Vote: 5-0)

B1) Approved - Res. 15-09, Approving the submittal of an Application to the Fresno County Local Agency Formation Commission to expand the City of Clovis' Sphere of Influence in the Northwest Area of the City.

C1) Received and Filed - Business Organization of Old Town (B.0.0.T.) Second Quarter Report, October through December 2014.

D1) Received and Filed - Investment Report for the month of July 2014. D2) Received and Filed - Treasurer's Report for the month of July 2014. D3) Received and Filed - Investment Report for the month of August 2014. D4) Received and Filed - Treasurer's Report for the month of August 2014.

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E1) Approved - Name Change from Clovis Committee on Aging to Clovis Committee on Senior Activities; and, Authorize the City Manager to Approve Membership on the Committee.

E2) Approved - Res. 15-10, Amending the City's FY14-15 Position Allocation Plan by deleting one (1) Public Safety Dispatcher and one (1) Lead Public Safety Dispatcher and adding one (1) Police Service Officer and one (1) Lead Police Service Officer.

F1) Approved - Res. 15-11, Amending the Fresno Metropolitan Flood Control District (FMFCD) Schedule of Drainage Costs and Fees for FY 2015-2016.

F2) Approved - Res. 15-12, Resolution of Summary Abandonment for a portion of a Public Service Easement at 700 Bush Avenue, south of Bullard Avenue.

G1) Approved - Res. 15-13, Amending the Fire Department Budget to reflect $29,890 in grant funding awarded by the 2014 State Homeland Security Grant Program (SHSGP) to fund Fire Department equipment.

G2) Received and Filed - Police Department Report for the month of October 2014. H1) Received and Filed - Public Utilities Report for the month of October 2014.

6:12 ITEM 1A - APPROVED INTRODUCTION - ORD. 15-05, R2014-19, REZONING APPROXIMATELY 1.73 ACRES OF PROPERTY LOCATED AT THE NEC TEMPERANCE AND VARTIKIAN AVENUES FROM THE R-A (SINGLE-FAMILY RESIDENTIAL - 24,000 SQ. FT. MIN.) ZONE DISTRICT, TO THE R-1 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT

Associate Planner Orlando Ramirez presented a report on a request to rezone approximately 1.73 acres of property located at the NEC Temperance and Vartikian Avenues from the R-A (Single-Family Residential - 24,000 sq. ft. min.) Zone District, to the R-1 (Medium Density Single Family Residential) Zone District. Orlando Ramirez indicated that this item was continued from the meeting of January 12, 2015. The applicant is requesting to rezone approximately 1. 73 acres on the east side of Temperance Avenue at Vartikian Avenue from the R-A Zone District, to the R-1 Zone District. Approval of this request would bring the property into consistency with the General Plan. The applicant has previously processed a Parcel Map development plan for the parcel. Orlando Ramirez provided an overview of the project. Scott Zare, representing DeYoung Properties, spoke in support of the request. Discussion by the Council.

Motion by Councilmember Armstrong, seconded by Councilmember Magsig, for the Council to approve the introduction of Ordinance 15-05, rezoning approximately 1. 73 acres of property located at the NEC Temperance and Vartikian Avenues from the R-A (Single-Family Residential - 24,000 sq. ft. min.) Zone District, to the R-1 (Medium Density Single Family Residential) Zone District. Motion carried by unanimous vote. 6:16 ITEM 1B - APPROVED INTRODUCTION - ORD. 15-06, OA2014-01, AMENDING THE

CLOVIS MUNICIPAL CODE TO PERMIT WINE AND BEER TASTING ROOMS WITHIN THE C-3 ZONE DISTRICT WITH AN APPROVED ADMINISTRATIVE USE PERMIT Senior Planner Bryan Araki presented a report on a request to amend the Clovis Municipal Code to permit wine and beer tasting rooms within the C-3 Zone District with an approved Administrative Use Permit. Bryan Araki provided an overview of the

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proposed project. The Planning Commission and staff recommend that the City Council Ordinance Amendment OA2014-01. The City of Clovis is requesting to amend the Clovis Development Code to permit tasting rooms within the C-3 (Central Trading District) Zone District with an approved use permit. Approval of this Ordinance Amendment would permit local wineries and breweries to open tasting rooms within Old Town Clovis. The Clovis Development Code (CDC), adopted on September 8, 2014, provides zoning standards for the City and specifies allowable uses within each zone district. The CDC is often amended to address new types of businesses, such as the wine and beer tasting industry. Currently the CDC does not provide for tasting rooms in the C-3 Zone District (Tasting rooms are establishments that provide samples of wine and beer predominately from a particular local winery or brewery). There is no specific language in the CDC pertaining to tasting rooms, therefore would either be classified as a bar and cocktail lounge or liquor store with ancillary tasting, both of which require a Conditional Use Permit. Rett Williams, production brewer, spoke in support of the proposed changes. Discussion by the Council.

Motion by Councilmember Whalen, seconded by Councilmember Flores, for the Council to approve the introduction of Ordinance 15-06, OA2014-01, amending the Clovis Municipal Code to permit wine and beer tasting rooms within the C-3 Zone District with an approved Administrative Use Permit. Motion carried by unanimous vote.

6:28 ITEM 1 C - APPROVED - RES. 15-14, R0286, A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF THE TERRITORY KNOWN AS THE NEES-ARMSTRONG NORTHEAST REORGANIZATION, APPROXIMATELY 3.25 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF ARMSTRONG AVENUE, BETWEEN NEES AND TEAGUE AVENUES

Associate Planner George Gonzalez presented a report on a request to approve Res. 15-14, R0286, A Resolution of Application for the annexation of the territory known as the Nees-Armstrong Northeast Reorganization, approximately 3.25 acres of property located on the east side of Armstrong Avenue, between Nees and Teague Avenues. The total area of the annexation is approximately 3.25 acres located on the east side of Armstrong Avenue, between Nees & Teague Avenues. On January 12, 2015, the City Council approved Prezone R2014-16, prezoning the sole property within the annexation boundary area to the R-R (Rural Residential) Zone District, consistent with the General Plan land use diagram. The City Council also approved a conditional use permit and site plan review for the storage and staging of equipment for seasonal operations by the Fresno Irrigation District (FID). The private well on the property would be permitted to remain in use as long as it's functioning and could also be maintained and drilled deeper if necessary. New wells would not be permitted. There being no public comment, Mayor Ashbeck closed the public portion. Discussion by the Council.

Motion by Councilmember Armstrong, seconded by Councilmember Magsig, for the Council to approve Res. 15-14, R0286, A Resolution of Application for the annexation of the territory known as the Nees-Armstrong Northeast Reorganization, approximately 3.25 acres of property located on the east side of Armstrong Avenue, between Nees and Teague Avenues. Motion carried by unanimous vote.

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City Manager Rob Woolley reported out on meetings in Sacramento last week with the League of California Cities.

6:32 ITEM 3A - APPROVED - RES. 15-15, SUPPORTING AB 23 TO REPEAL CALIFORNIA ARB'S EXPANSION OF THE STATE'S CAP-AND-TRADE PROGRAM

Councilmember Magsig indicated that he would abstain from consideration on this item due to a potential conflict of interest due to his civilian employment and left the dais at 6:32.

City Manager Rob Woolley provided a report on a request to approve a resolution supporting AB 23 to Repeal California ARB's Expansion of the State's Cap-and-Trade Program. Beginning January 1, 2015, the California ARB expanded the State's cap-and-trade program to include producers of gas and diesel fuels, which increases the cost of gasoline between 16 to 76 cents per gallon. The Affordable Gas for California's Families Act, Assembly Bill 23, would retroactively prohibit the ARB from expanding the program to entities that did not have a cap-and-trade compliance obligation prior to January 1, 2015. Rob Woolley provided an overview and identified the potential additional costs the city will incur. Mike _ commented on the impact of Cap-and-Trade on the price of fuel in the future and recommended voting in favor of AB 23. Ron Gulke, commented on how bad Cap-and- Trade on local business. Discussion by the Council.

Motion by Councilmember Whalen, seconded by Councilmember Flores, for the Council to approve a resolution supporting AB 23 to Repeal California ARB's Expansion of the State's Cap-and-Trade Program. Jacob Gilmore, resident, spoke in support of AB 23, with one change to the second "Whereas" of the resolution to include "Cities". Motion carried 4-0-0-1 with Councilmember Magsig abstaining.

Councilmember Magsig returned to the dais at 6:45. 6:45 ITEM 3B - COUNCIL COMMENTS

Councilmember Flores reported out on his League of California Cities meeting last week. Councilmember Whalen commented on the installation of the new Valley Oak tree in downtown plaza.

Councilmember Magsig reported out on his League of California Cities meeting last week.

Mayor Ashbeck thanked Luke Serpa cleaning up a park, and thanked the police department for the Martin Luther King breakfast.

7:02 ITEM 4A - CLOSED SESSION

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CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Name of Case: Edwards v. City of Clovis

ADJOURNMENT

Mayor Ashbeck adjourned the meeting of the Council to February 2, 2015

Meeting adjourned: 7:33 p.m.