May 1, 2023 โ€” Clovis City Council

Documented by Rachel Youdelman

 Hereโ€™s what you need to know

  • The council approved the appointment of Joseph Hebert to the Planning Commission with a 4-1 vote, replacing Michael Cunningham. Council member Diane Pearce had concerns regarding differences in unspecified โ€œphilosophy.โ€ He is the current parks and community services director for the city of Madera and ran for the Clovis City Council in 2022.ย 
  • Despite a plea from a member of the public that a ban on chickens would erode โ€œthe Clovis way of life,โ€ the council voted 4-1 to deny residents the right to keep backyard chickens. Council member Vong Mouanoutoua was the dissenting vote.
  • The council voted to renew its policy regarding the Police Departmentโ€™s acquisition and use of military equipment. State law requires an annual submission of a detailed description of the equipment, and a police lieutenant said that military equipment was โ€œimportant to maintain the Clovis way of life.โ€
  • The council voted to โ€œwipe the slate cleanโ€ regarding a previously denied proposal for a 12-unit market-rate apartment building. Though a new proposed building design was presented, plans for a specific building project remain undecided.

Council and Staff

Lynne Ashbeck, mayor

Vong Mouanoutoua, mayor pro tem

Drew Bessinger, council member

Matt Basgall, council member

Diane Pearce, council member

John Holt, city manager

Andy Haussler, assistant city manager

Scott Cross, city attorney

Karey Cha, city clerk

The Scene

The Clovis City Council met on May 1. Opening the meeting on time, Ashbeck welcomed everyone, and Mouanoutoua led the flag salute, during which there was no audio for those attending via Webex.ย 

The meeting was well attended, and several members of the public were present to comment, mostly about a revived proposal to permit backyard chickens. Others were present to comment on a proposed multi-family construction project, also an issue brought back from an earlier meeting. There was much mention of preservation of โ€œthe Clovis way of life,โ€ especially regarding the Clovis rodeo and the Police Departmentโ€™s use of military equipment. The meeting lasted three hours and 45 minutes. The room was full of attendees, and there were about nine people attending remotely.

There are several ways to participate in the council meetings: in person, you may comment on specific agenda matters as they are discussed, or on those not on an agenda. Commenters are limited to 5 minutes each. Note that laws regarding public meetings preclude council members from making definitive responses about matters that are not on the agenda. You can also call in to a Webex when the meeting is in progress, or you can submit a written comment. Instructions can be found here.

All council members are elected at large; none represent specific districts in Clovis. To contact them, call 559-324-2060 (one phone for all) or email:

Lynne Ashbeck lynnea@cityofclovis.com

Vong Mouanoutoua vongm@ci.clovis.ca.us

Matt Basgall mbasgall@cityofclovis.com

Drew Bessinger drewb@cityofclovis.com

Diane Pearce dianep@cityofclovis.com

Members of the public may attend meetings at the Council Chamber, 1033 Fifth St., Clovis, CA 93612, or online via Webex. The next meeting is Monday, May 8 at 6 p.m. Videos of past meetings and agendas are available here.

Agenda Item 1 The council proclaimed May โ€œOlder Americans Month,โ€ a proclamation also made recently by the Fresno County Board of Supervisors. Ashbeck asked Pearce to read the proclamation. In the past, Pearce has objected to what she called โ€œsocialistโ€ language in proclamations and complained that she didnโ€™t get a chance to โ€œsign offโ€ before the proclamations were made. This time she made no objection but read the entire proclamation. Hillaree Bennett, program director of the Fresno Madera Area Agency on Aging (FMAAA) was present to describe services offered, among which was meal delivery, help with Medicare and access to other resources. Also present was Michelle DiBuduo, executive director at Valley Caregiver Resource Center, who talked about the โ€œAging Unboundโ€ theme of this yearโ€™s programs. Amy Hance, Clovis general services manager, saidย  โ€œevery month is โ€˜older Americans monthโ€™โ€ at the Clovis Senior Center.

Bessinger talked about scams affecting older people and repeated a few related anecdotes, some of which he has mentioned in the past.

Everyone posed for a photo.

Agenda Item 2 Amy Hance returned to the lectern to announce that the Clovis Trail Fest will be held on May 6 from 8 a.m. to 12 p.m., with events at Dry Creek Park.

Public Comments for items not on agenda. No one appeared in person to comment, but per Ashbeck, one letter had been received about a โ€œharmfulโ€ aspect of a particular neighborhood, but she offered no specifics. Written comments are included in meeting minutes, but meeting minutes are not published for several weeks after a meeting.

Consent Agenda, Items 3-12 These are items considered routine that are decided with a single vote. Mouanoutoua recused himself from item 11, which concerned approval of a Wilson Premier Homes tract map at Ashlan and Locan avenues. All other items were approved 5-0; item 11 was approved 4-0 with 1 recusal.

Agenda Item 13 The council approved the re-appointment of Jerry Brady to the Personnel Commission with a 5-0 vote and the new appointment of Joseph Hebert to the Planning Commission with a 4-1 vote. Pearce was the โ€œnoโ€ vote for Hebert, about whom she said she had concerns. Pearce would not support Hebert because she said she felt there was โ€œconflictโ€ with his employment with the city of Madera, and that she did not share a โ€œphilosophyโ€ with him, though she didnโ€™t specify further.

Ashbeck explained that she recused herself from nominating someone to the commission (the mayor usually does so) because Hebert was a former candidate for City 

Council when she also ran for reelection; hence, she asked Bessinger to suggest the candidate. Bessinger said that 11 โ€œvery goodโ€ applicants, some of whom were โ€œhighly qualified,โ€ were interviewed and that it was โ€œhearteningโ€ to see so many people come forward.

Mouanoutoua suggested that Bessinger should also have recused himself, but Ashbeck explained her recusal was because of an endorsement she made in the council election; she did not elaborate further.

Brady and Hebert were both present and briefly expressed their thanks. Brady said that he โ€œfell in love with Clovisโ€ after he moved from the Bay Area. Hebert remarked, referring to the โ€œOlder Americans Monthโ€ proclamation, that he was โ€œold,โ€ having just turned 65, and that he hoped to bring โ€œgood judgment, discernment and doing whatโ€™s best for the cityโ€ to the job.

Hebert will replace Michael Cunningham, whose term expires this month.

Agenda Item 14 The council voted 4-1 to allow a vote on an assessment increase to proceed among the residents of Blackhorse Estatesโ€™ โ€œArea 1.โ€ Mouanoutoua was the sole โ€œnoโ€ vote. Blackhorse Estates is a residential area (a โ€œgated communityโ€ divided into 2 separate assessment areas) organized as not a homeownersโ€™ association (HOA) as are most such properties in California, but as a โ€œbenefit assessment district,โ€ which is an unusual type of residentsโ€™ management group, entailing a tax used to fund the residentsโ€™ publicly shared spaces, such as streets and landscaping. The tax requires a vote by residents, per the terms of Proposition 218. The councilโ€™s task was to consider allowing the vote on the tax increase to take place, not the increase itself.

Sean Smith, a supervising engineer, made the presentation, with Mike Harrison, city engineer, commenting occasionally. Smith explained what would happen if the council agreed to allow the vote to proceed and what would happen if they denied it. Smith also explained what would happen to the neighborhood if voters then said โ€œnoโ€ in their election, a vote which would consider an increase in Area 1โ€™s annual assessment, which pays for road repairs, common landscaping, and the like.

A lengthy discussion among council members ensued. Bessinger asked why the neighborhood was divided into 2 areas, each with different budgets. The reply was that they were developed at different times. It was noted that public funds are not permitted for road repair, etc., because residents chose this type of property management system. The engineering report covered Areas 1 and 2, but only Area 1 is affected because the budget for Area 2 is secure, and Area 1 needs more funds to cover necessary repairs.

Mouanoutoua was concerned that the public perception was that the city was raising fees. He asked staff โ€œhow do we make it whereโ€ [sic] property owners initiate the process. Mike Harrison said that his department presents information regarding cost increases to residents and hopes for a consensus. Ashbeck remarked that the โ€œtricky partโ€ is that there is no mechanism for residents to organize. Smith pointed out that the voices of residents in a Beneficial Assessment District, in contrast to an HOA, are heard via the votes per the terms of Proposition 218.

When public comment was opened on the matter, Sam Reed, a resident of the affected area began by saying that โ€œwe love our neighborhoodโ€ and denied having โ€œanimosityโ€ toward the council. He described the unilateral removal of shrubbery and trees by another resident. Though the city replaced the vegetation with โ€œdrought-tolerantโ€ rocks, the cost of water has gone up dramatically. โ€œWhat is being watered?โ€ Reed asked. Then he pointed out that the square footage of landscape being maintained with their assessment funds increases โ€œarbitrarilyโ€โ€”the first assessment was for 500 square feet, and now it was 3,700 square feet โ€” why? These discrepancies were โ€œwhy weโ€™re upset,โ€ he said, adding that they created โ€œtrust issues.โ€

Ashbeck assured Reed that โ€œwe donโ€™t hear animosityโ€ and that โ€œwe hear good questions.โ€ She asked for a show of hands among members of the public who were present to indicate how many people from the neighborhood were there. For remote attendees, the livestream showed no view of the audience.

Mouanoutoua was still confused. He wanted to know who was managing the property. Smith said that a management company called Regency was engaged for most matters, but for larger projects, the city collaborates with them.

Harrison responded to Sam Reed and said that the discrepancy in square footage of landscape maintenance was because of corrections to the original plan and that changes were not arbitrary.

Another member of the public, Paul Hsiao, also a resident of the neighborhood in question, said that the Regency management company needed a โ€œperformance review,โ€ and that not since the first meeting with them had they brought donuts to share.

Mouanoutoua made more comments: โ€œWhen we assess fees, it has to be clear.โ€ He said that trust had not been established, despite the staffโ€™s careful presentation which described the process in detail. He felt there was a โ€œdivideโ€ between residents of Blackhorse Estates and the city.

Ashbeck said that if the decision by the council was affirmative to permit the Area 1 vote, there would be 45 days in which to hold a neighborhood workshop, since on May 3, city staff was to mail ballots to all owners of the assessment district, and ballots will be counted on June 19. The current annual assessment for Area 1 is $647; the proposed increase is $219. Someone spoke from the audience, and Ashbeck replied, โ€œI donโ€™t think thatโ€™s right,โ€ but the speakerโ€™s words were unintelligible.

Mouanoutoua said that โ€œeven if we vote yes, they can still vote noโ€ to the increase. Nevertheless, Mouanoutoua voted โ€œno.โ€

Agenda Item 15 The council voted 4-1 to deny residents the right to keep backyard chickens. Mouanoutoua was the โ€œnoโ€ vote.

The agenda item was phrased to encourage denial: โ€œConsider denying a request to allow backyard chickens in the city of Clovis.โ€ So the council had to vote โ€œyesโ€ to deny the proposal.

A presentation by George Rodriguez, manager of police services, and his colleague, Erin Ford-Horio, an animal services supervisor, gave a thorough presentation about  the inadvisability of permitting chickens to be kept by city residents. They began with a timeline, and noted that the first proposal for allowing backyard chickens was made in May 2020, followed by two further presentations in June and July 2020. Then in April 2021 the subject was dismissed following concerns about problems in Bakersfield, including an Environmental Impact Report (EIR) and litigation regarding a backyard chicken ordinance passed and then rescinded there. The current agenda item came from a citizen request.

Rodriguez pointed out that current municipal code allows for families of children enrolled in programs such as 4H or FFA to keep chickens. He also showed a slide detailing the numbers of service calls (close to 5,000 annually) to the animal response team, the types of animals involved and the limited staff to manage all these calls. The current number of calls about chickens is 37 annually. They pointed out that the current animal-receiving center is inadequate for handling chickens and that in general, resources are lacking to address issues that may develop if residents keep chickens โ€” few staff members at care facilities, a small number of people to handle calls and a low capacity to house stray or abandoned animals. A new facility would be needed, risk of disease would increase, euthanasia would increase and police resources would be strained, he said.

Discussion followed among council members, and members of the public were present to comment. Mouanoutoua complained that the agenda packet contained only two pages about this item. He added that โ€œwe owe it to the public so they can go, โ€˜How about fees?โ€™ โ€ What was his point? It was unclear. He asked Rodriguez about potential costs for upgrading facilities, but the reply was that no such research had been done.

Pearce wanted to know what had happened in Bakersfield. Cross, city attorney, said that in 2021 after the city approved the ordinance, some citizens threatened to sue over an EIR, so the ordinance was rescinded. Basgall asked Cross if an EIR was subject to the California Environmental Quality Act (CEQA). Cross said โ€œmaybe,โ€ because there were considerations such as odor, disease and predators. He could โ€œlook intoโ€ it, he said. Mouanoutoua then asked, despite the subject just having been mentioned, if โ€œhealth and diseaseโ€ were concerns. He also asked if the costs of resources outweighed the benefits of keeping chickens, to which Rodriguez replied โ€œnot sure.โ€ Ashbeck again asked for a โ€œshow of handsโ€ after which she noted that opinions were โ€œequal.โ€

Public comment was opened on the matter, and David Meyer was present to make the case for permitting residents to keep chickens. He shared copies of ordinances for other cities such as Antioch and Anaheim and noted that many additional cities in California allow chickens. โ€œThey make it work; why canโ€™t we?โ€ he asked. A total ban on chickens would further erode the โ€œClovis way of life,โ€ he said, as more farms are paved over. He was willing to make compromises, such as require that people who want chickens get the permission of neighbors on adjoining properties. Ashbeck thanked him for his willingness to compromise.

Angela Bates of Clovis said that, regarding the 37 calls about chickens, Rodriguez and Ford-Horio had no documentation to provide details. She also called chickens a chance for the state to generate revenue; it could be โ€œlike marijuana,โ€ once illegal but now money generating. Chickens are an โ€œentry animalโ€ for 4H, repeating that it was โ€œjust like marijuana,โ€ and that theme became a running joke about โ€œgateway chickens. โ€œWe are Clovis,โ€ she said; โ€œhave some faith in us.โ€ She concluded that โ€œirresponsible dog and cat ownersโ€ have made it difficult for residents to keep chickens. Mouanoutou was observed to be absent from his chair after a coughing fit.

Julie Kutka of Clovis said that she agreed with city staff and that โ€œdogs will kill chickens.โ€ She didnโ€™t want to โ€œpull a chicken out of her dogโ€™s mouth.โ€

An online commenter named Patrick Scherer said that he was in favor of chickens as pets.

Ashbeck noted that several written comments in support of permitting chickens had been received. She told Meyer sheโ€™d let him have the last word. He suggested letting neighbors vote and imposing restrictions on coop size, adding that keeping chickens could โ€œget kids off phones.โ€

Bessinger remarked that when he moved to Clovis in 1984, there were sheep, horses and cows in the city limits but that โ€œtimes have changed.โ€ He would be voting against keeping chickens because of concern about the drain on animal services staff. Basgall said he was sympathetic but also concerned about staffing, health and the cost of an EIR. Pearce, enunciating slowly and with volume, said that she โ€œcommendedโ€ those in support of compromise but that public safety and the burden on police staff โ€œat this timeโ€ inclined her to vote for the denial.

Mouanoutoua was back and said that โ€œwe donโ€™t have enough informationโ€ and that he liked the idea of neighbor approval, so โ€œIโ€™m in support.โ€ย  Ashbeck apologized for making flippant comments about the subject in the past and said that โ€œat the end of the dayโ€ she was concerned that not everybody would take good care of their chickens; she pictured neighbors arguing over questions of keeping chicken coops. โ€œCould we ever have a city farm?โ€ she wondered, noting that in Clovis there was Miss Winkles Pet Adoption Center and the Fresno Wildlife Rehabilitation Service, but given the state of the police staffing, she would have to vote for the denial. The matter could be โ€œrevisited someday,โ€ she added. She thanked Meyer for being โ€œreasonable and calm.โ€

Agenda Item 16 The council voted 5-0 to renew its policy regarding the Police Departmentโ€™s acquisition and use of military equipment, as required per the terms of AB481, which requires an annual submission of a detailed report on the equipment, made to the City Council. A presentation was made by police Chief Curt Fleming and Lt. Craig Aranas. The report โ€œcontains a comprehensive list of each type of equipment owned by the city and all required information in accordance with government code section 7072. Future acquisition of any equipment deemed to be โ€˜military equipmentโ€™ will comply with applicable funding and procurement requirements.โ€

Aranas remarked that โ€œthe mere possession of the equipment doesnโ€™t warrant its use.โ€ He talked about โ€œthreats to the Clovis way of lifeโ€ and suggested that the military equipment would help preserve it, though he didnโ€™t mention any specific situation that could require it. He added that โ€œlow useโ€ of the equipment โ€œdoesnโ€™t dismiss the need for itโ€ and that its use was not a matter of โ€œif, but when.โ€

The report submitted by the department details the military equipment now held by them; it includes a Mine-Resistant Ambush Protected (MRAP) vehicle, known as a โ€œtank.โ€ At the Citizens Advisory Committee regarding police staffing last year, it was noted that the vehicle had been donated to the department and that there was no one on staff who was qualified to operate it.

The police want to acquire the following in 2023, which would be paid for from the general fund:

  • Ammunition
  • Explosive breaching equipment
  • Chemical agents
  • Specialty munitions
  • Diversionary devices
  • Pepper ball munitions
  • Specialty impact munitions

Council members complained about the law requiring the report, and Bessinger said that it made the job of the police โ€œharder.โ€ Another remark was that when the legislation passed, no one accounted for โ€œall the time it tookโ€ to put the report together. Pearce chimed in and said that โ€œthey knew exactly what they were doing,โ€ suggesting that the state Legislature had spiteful intent in requiring the report. Mouanoutoua said that โ€œa lot of this is of no use.โ€

Aranas repeated that the military equipment was โ€œimportant to maintain the Clovis way of life.โ€ And in response to a question from Mouanoutoua, Aranas said that having the equipment is a recruitment โ€œadvantage.โ€

Ashbeck said that the report had an โ€œinsidious impact on public safetyโ€ because she โ€œcanโ€™t find a reason why we tell you what we have to use against you.โ€ Another remark was that โ€œthose opposed to law enforcementโ€ will have what they need, presumably meaning the information in the report.

Bessinger talked about the โ€œmilitarization of Mayberry,โ€ referring to the 1960s sitcom about a rural police department. Then he said that sheep dogs scare sheep because they look like wolves. Itโ€™s โ€œrealityโ€ that law enforcement personnel look โ€œscary,โ€ he said.

There was no public comment on the matter.

Agenda Item 17 The council voted unanimously to โ€œwipe the slate cleanโ€ (per the words of Cross) regarding a previously denied proposal for a 12-unit market-rate apartment building, on land located on the north side of Alluvial Avenue, between Sunnyside and Fordham. Though a new proposed building design was presented (Ashbeck had criticized the original design as โ€œnot welcomingโ€), only the denial was vacated, the change to the general plan approved (from low- to medium-high density), and the re-zone (from single-family to multi-family) was approved โ€” plans for a specific building project were not decided.

A long discussion took place after a presentation by planning department staff member Lily Cha, who was joined by city planner Dave Merchen. Cha presented some of the issues that had been raised at the March 6 meeting, such as traffic concerns, and presented possible solutions.

The issue of SB9 came up, a late 2021 law which streamlines the process for property owners to build a duplex or fourplex housing on formerly single-family lots. Could the property in question be divided into one of these configurations, instead of the proposed 12-unit apartment building?

Members of the public spoke: Linda Alvord, who lives in the neighborhood, was fearful that from the balconies of the proposed construction, people could see into her backyard where her grandchildren played. She was also fearful on behalf of a neighbor โ€œof Asian descentโ€ who was too shy to speak up herself. She referred to a โ€œmedia circusโ€ about the news report on the councilโ€™s denial to approve the construction of the originally proposed 12-unit apartment building. Ashbeck said that the developers were โ€œnot nefariousโ€ and asked if they were present. Dan Zack, Stallion Development and Constructionโ€™s representative, was present to say a few words and speak briefly to concerns.

Another neighbor, Mark Deshayes, said that the proposed building โ€œdoesnโ€™t fit, itโ€™s impractical,โ€ and he doubted the results of the traffic study. He preferred that two โ€œfine housesโ€ be built on the lot. He said that the project had โ€œnothing to do with SB9โ€ nor did it have anything to do with โ€œdiversity or affordable housing.โ€

Darin Alvord, husband of Linda, said that the planning was โ€œbadโ€ and that the project was like a โ€œmalignancy.โ€

More comments from council members followed. Pearce asked if the project is denied, does โ€œlot splittingโ€ apply (presumably she meant per terms of SB9). Cross replied that any parcel in California could be a lot split. Pearce asked how many units could the land owner legally build per SB9? Dave Merchen replied 12.

Discussion will continue about what will actually be built on the parcel.

City Manager Comments John Holt asked Clerk Karey Cha to describe the recent Foundersโ€™ Day event, which she had organized. Participating were 200 third graders who learned about Clovis history and city government, she said. The children participated in projects such as writing in response to prompts about various aspects of living in Clovis, and the hope is to compile their compositions into a childrenโ€™s book, said Cha.

Council Comments

Basgall said he attended a water board meeting, and there were jokes about waterboarding, a form of torture. The same jokes have been made at previous meetings.

Pearce had a โ€œfantastic timeโ€ at the Clovis rodeo, and she said she will โ€œfight tooth and nailโ€ to keep it, despite it being what she called a โ€œthrowback.โ€

Bessinger said that his granddaughter participated in a rodeo event in which sheep are involved, and he was โ€œproud.โ€

Mouanoutoua attended COG meetings, Arbor Day events, Foundersโ€™ Day and a youth housing summit. Without elaborating, he said the rodeo should be kept because itโ€™s a tradition. He then began talking about โ€œsigns on the freewayโ€ and said that there were no signs on the freeway exits. He supported making freeway signs brown, to distinguish them from Fresnoโ€™s green street signs. Ashbeck said, โ€œIโ€™m not following you.โ€ His meaning was unclear.

Ashbeck said that during the Fresno County Transportation Authority April meeting it was decided that about $21 million would be returned to the grade-separation fund from the high-speed rail project since the county was not selected for a maintenance facility. She also said that results from a poll about why the latest vote on Measure C failed were delayed.

The public portion of the meeting ended at 9:45 p.m. Cross said that after the closed session, there could be action to report, but for remote attendees, the Webex live stream was terminated. The one item on the closed-session agenda concerned the recent appeal that was lost by the city of Clovis regarding Desiree Martinez v. City of Clovis, et al., Case No. F082914. The case was about the cityโ€™s failure to plan for adequate affordable housing.


If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.

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