Here’s what you need to know:
- The council approved the 2021 General Plan and Housing Element Annual Progress Report, which showed the city has not created any very low income housing and only 160 low income housing units. They also approved the city’s Regional Housing Needs overlay district map of 30 sites, which lost one site due to it being developed as a single-family subdivision.
- The council was updated on the development of the Landmark Square site. Due to contaminated soil, the project has been delayed several months and the city has been waiting since Oct. 2021 for an update from the Department of Toxic Substance Control. The site is slated to be the location of a new Fresno County Public Library, but Supervisor Magsig said they need assurances that the parcel will be a “clean site” before they can move forward with the project, for which $17 million has been allocated.
- The council also approved the city’s Local Road Safety Plan. According to the report, Clovis has a higher share of fatal/severe injury crashes involving pedestrians than the statewide average and is the only jurisdiction that has a higher share of motorcyclists involved in fatal/severe injury crashes than the statewide average.
The Scene
The Clovis City Council meeting took place on March 21, 2022 at 6:00 p.m. The meeting was made available via Webex and YouTube Live.
The agenda no longer states that face masks are required for those who attend in person. None of the council members wore masks and were all present in council chambers.
Five attendees were present via Webex and two were watching live via Youtube.
Names of officials:
Jose Flores, Mayor (also Chief of Police, State Center Community College District Police Department)
Lynne Ashbeck, Mayor Pro Tem (also Senior Vice President Community Engagement and Population Wellness, Valley Children’s Healthcare)
Vong Mouanoutoua, Council Member (also External Relations and Project Development Director, Community Medical Foundation)
Bob Whalen, Council Member (also Fresno County Deputy District Attorney and candidate for Fresno County Superior Court judge)
Drew Bessinger, Council Member (also Chief of Police, Fresno Yosemite International Airport)
Ashbeck led the council in the Pledge of Allegiance.
From there, the meeting was open for public comment and no public comments were made online or in council chambers.
Actions
- Approved minutes from the March 14 meeting.
- Approved final tract map for Lennar subdivision near Ashlan and Highland Avenues.
- Approved annexation for Lennar subdivision near Ashlan and Highland Avenues to the Landscape Maintenance District No. 1 of the City of Clovis.
- Approved final acceptance for a DeYoung Properties tract map at Shaw and Locan Avenues.
- Approved preliminary engineer’s report and approval declaring the city’s intention to levy and collect annual assessments for Landscape Maintenance District No. 1.
- Rates will increase for 14 zones, decrease for five zones and may increase pending the outcome of an election for zones 1 and 5.
- Approved waiving formal bidding requirements and awarding a $65,475 contract to Carbon Activated for the replacement of granular activated carbon at Well 28.
- Approved City of Clovis Local Road Safety Plan.
- Engineering Program Supervisor Ryan Burnett presented the item.
- The city’s plan was facilitated by the Fresno Council of Governments prepared by Kittleson and Associates.
- Approval of the plan is now a requirement to pursue federal funding under the Highway Safety Improvement Program.
- Clovis has a higher share of fatal/severe injury crashes involving pedestrians than the statewide average.
- Mouanoutoua asked about the roundabout at Temperance and Alluvial Avenues because he didn’t see it in the top 20 of accidents so they can “conclude that it’s pretty safe thus far.”
- They confirmed that the roundabouts are slower speeds so they are less dangerous.
- Mouanoutoua then asked about the pedestrian involved accidents being around trails.
- They said that sometimes it’s at the middle of the blocks or at intersections, but they didn’t look specifically at trails.
- He went on to ask about the trail crossings and whether they were accident prone, but they said they didn’t look at that specifically.
- Bessinger said that Clovis reports all accidents that are called in. He asked if that is compared to other cities that take reports of all accidents.
- Matt said that the city isn’t “being penalized” for it, but that it could actually help with some funding to have greater reporting.
- Ashbeck asked “now what.”
- Burnett said that when they go after funding they will look at the specified intersections and what can be fixed.
- Whalen said that what’s important to him is whether they have safe passage for pedestrians and bicycles. He went on to say that based on the amount of people he sees on the trails, he would’ve expected to see a greater number of incidents.
- Burnett said that he would concur and that internally they do discuss the trail crossings regularly to identify safety measures.
- Whalen said that he expected to see more incidents at Peach Avenue and Alluvial Avenue where the trail crosses.
- Received and filed an update on Landmark Square.
- Director of Planning and Development Services Renee Mathis presented the item.
- Landmark Square will include the senior center and transit hub, as well as a future library.
- She shared a YouTube video showing construction progress.
- Mathis said that since March 2021, the city has been working with the Department of Toxic Substance Control (DTSC) and with the Fresno County Health Department and Fresno County Public Works Department due to soil contamination.
- In June 2021, the city entered into a voluntary cooperative agreement with DTSC to resolve the contamination.
- She said the city has installed vapor wells and collected samples across the entire property.
- “We have excavated over 2,000 cubic yards of soil,” she said. She said it was stored on site and in June 2021 it was removed and properly disposed of.
- Between Aug. and May 2021, they hired an independent toxicologist and prepared a contamination review.
- In Sept. 2021, DTSC provided the city with more comments asking for additional information, which she said they provided in Oct. 2021 and are waiting for a complete response from DTSC.
- They follow up with them weekly.
- At this point, the major onsite construction has been delayed for nine months.
- She said the vapor barrier was approved by the council in Nov. 2021 and has been designed for the site. She said it conforms with DTSC requirements.
- In Dec. 2021 at the discretion of DTSC a soil vapor barrier report was prepared should they find that one is needed.
- She said construction is approximately 40% complete and will be done in Spring 2023.
- Mathis said that Supervisor Nathan Magsig is in council chambers.
- Bessinger asked at what point do they need to make sure that DTSC is wrapped up.
- Staff said that construction isn’t being held up at this point.
- Supervisor Magsig is in council chambers:
- He said the BOS is “committed” to a new Clovis library.
- But when the contaminants were found it did “slow down their process.”
- He said that he has not seen any data that has cleared the site where the library is going.
- He said the BOS wants to ensure they are building on a “clean site.”
- He said that Clovis has been “promised a library for over 20 years.”
- “My hope is for it to be at this site, but we do need to make sure it is a clean piece of property for us to build a library on,” he said.
- He said the library will be a destination point for kids of all ages and while he’s not concerned, but “if something were to happen on site we could end up with a lawsuit.”
- Whalen asked if “no further action was required” would be enough.
- Magsig said that his concern would be that if they require ongoing monitoring and something is found off gassing later it could be an issue.
- “Practically speaking I don’t see any issues, but it’s the unknown now that we have a state government agency involved,” Magsig said. “We want to make sure what is delivered isn’t a problem for the county down the road and I’m not saying that it will be.”
- Mouanoutoua asked how long the land division could take.
- Staff said the unknown will just be DTSC, the rest can be done within a couple of months.
- Ashbeck asked how long they could wait until the county decides to move the $17 million in funds for the library elsewhere.
- Magsig said Reedley and other communities in Fresno do want libraries.
- “I’m committed to a City of Clovis library but if at some point if the future the board of supervisors could decide to move those dollars elsewhere,” he said.
- Magsig said that he has “set money aside for a special art piece.”
- Ashbeck said she hopes that the art piece is a horse.
- Whalen said that he doesn’t feel like anything that the county has asked is “unreasonable” and that they are “both working and rowing in the same direction.”
- “I believe our relationship on this project is a solid one,” he said.
- Ashbeck said maybe reaching out to state representatives to help with the DTSC is needed.
- Approved a resolution confirming assessment of $66,644 for abatement of nuisance costs for a shopping center owned by Clovis Shaw Partners, LLC at 30 W. Shaw Ave.
- Assistant City Manager Andrew Haussler presented the item.
- Staff has issued more than 67 citations.
- The first citation was issued on April 6, 2021.
- They have had issues with break ins and others on the property.
- They have been contacted by the potential buyer of the property. They are in escrow currently.
- Ashbeck asked about the amount of staff time spent to issue 67 citations and why it took so many.
- She asked if there is a certain length of due process.
- The city attorney said there are limits to the amount.
- She asked if there is a certain length of due process.
- Holt said the individual costs to board it up were approximately $12,000.
- He said the lien on the property could “potentially kill the deal.”
- He said this would give Haussler some discretion so the lien doesn’t kill the deal.
- Flores asked if they have an appraisal and who would take the hit on the lien.
- Haussler said there are quite a few lines on the property and a lien of this size could cause the owner not to sell.
- Clovis Police Corporal is in council chambers. He said shortly after the location was brought to their attention.
- He said his initial concern was the response that he got from the occupants of businesses in the area.
- He said that Kelley’s Pet Supplies moved from the location due to their concerns.
- He said that it was never filed as a vacant property as required by their municipal code.
- Bessinger said “let’s go for the throat” about the lien on the property.
- Mouanoutoua asked about the frequency of the citations.
- The police corporal said that after a fire and drug use happening, the citations increased in frequency.
- Whalen asked if they may have waited too long to take this action.
- The city attorney said they may have waited too long, but there “is that tug between trying to get compliance” and when they get to 20-30 citations that’s probably too many.
- Approved the submission of the 2021 General Plan Annual Progress Report, including the 2021 Housing Element Annual Progress Report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
- Presented by City Planner Dave Merchen and Associate Planner Lily Cha.
- Whalen asked about them being deed restricted and Merchen said that anything in those categories will be deed restricted to keep them affordable for 20-30 years.
- He then asked if there is an opportunity for a builder to build a “very low income” project without government help.
- Merchen said that there is nothing stopping that.
- He then asked about Butterfly Gardens.
- Merchen said that is reflected as the 73 units in 2021 low income level.
- Merchen said it is a tax credit project, which may also have Section 8 vouchers.
- Haussler said it is a layering of many funding sources from the state and the County of Fresno.
- Haussler said the project will charge rent based on a percentage of income.
- He then asked if there is an opportunity for a builder to build a “very low income” project without government help.
- Mouanoutoua said that even Solivita Commons, the Fresno Housing project, isn’t considered very low income. He said that even Fresno Housing isn’t building that so how are they supposed to.
- Merchen said they have met or exceed their moderate and above moderate RHNA requirements.
- Ashbeck said if they could add a column about how many developers have approached them about building in that income, there would be none. “The headline is zero but the context is not zero and that story doesn’t get told,” she said.
- Flores said that until the state of California mandates it, all they have to do is make sure that we properly zone land so that if a developer wants to they can build there.
- Approved the annual review and update to the Regional Housing Needs Overlay District map of parcels and associated list.
- Merchen presented the item.
- Flores said “more RHNA, I just love RHNA, that might be my next puppies name.”
- They started with 30 existing sites. One site is being removed because it has been developed as a single-family subdivision, leaving 29 sites in the RHN program.
- Ashbeck asked about keeping a cumulative list of adds/subtracts to the list.
- Merchen said last year they did take away several sites and found out that they aren’t required to keep that detailed monitoring of the list.
- Whalen said the Feds are providing tax credits to developers at the low or very low and asked what the state is providing.
- Haussler said that the state can also offer tax credits, grants or bonds.
- He said that Butterfly Gardens and Solivita Commons, as well as the Jeffersons, which was denied but is being resubmitted.
- Flores said why not take away prevailing wages from this type of housing. “They speak from both sides of their mouth,” he said.
- The city attorney said that they received clarification from HCD that they don’t have to replace every site that comes off to stay at 5,700. But they need to stay at or above 4,200.
- Whalen said that he believes the RHNA overlay project is an “experiment” that will reveal the true barriers to building low and very low income housing.
- “What we’re starting to see is that their numbers are disconnected from reality,” he said. “We’ve not only eliminated all barriers, we have actually provided incentive at least at the federal and state level. If it can’t be done here then it can’t be done anywhere.”
- “We love all people in the City of Clovis, we welcome all people in the City of Clovis,” “That homes can’t be built for the low and very low isn’t a reflection of the City of Clovis…it’s a reflection of the State.
- Flores said that they should publish the map more so citizens know where the locations are to build that housing.
- “We welcome every kind of citizen here and we’ve proven that, now let’s see if California will prove it too,” he said.
Flores opened the meeting for comments by City Manager John Holt:
- Just a reminder about a joint meeting with the Planning Commission on April 4.
Flores then opened the meeting for council comments:
- Mouanoutoua thanked the Sheriff for the dedication of an interchange for Phia Vang.
- Ashbeck said that she and Flores attended the funeral of the former City of Fowler Mayor David Cardenas earlier in the day. She said the whole town was notably sad and it was a privilege to be there.
- She said they got another anonymous letter and asked them to have the courage to put their name on it.
- Bessinger said that humility is key to the way Cardenas did things.
- Flores said that Cardenas was a servant leader and wore his faith on his sleeve.
- He commented on the recipient of a new Habitat for Humanity home.
The meeting adjourned at 8:34 p.m. to move into closed session to conference with labor negotiators, discuss anticipated litigation and real property negotiations, which they said they won’t be taking action on.
The next meeting will be a joint meeting with the Planning Commission on April 4.
