908 FOWLER CITY COUNCIL MEETING AGENDA FEBRUARY 19, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625  Ino compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chambers or to otherwise participate at this meeting, including auxiliary aids or services, please contact City Clerk Jeannie Davis at (559) 834-3113 ext. 302. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the Council Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  meeting. The City of Fowler is an equal opportunity provider and employer.  the City's website at www.fowlercitvy.org. 1. Meeting called to order  2. Flag Salute and Pledge of Allegiance  3. Invocation 4. Roll call  5. Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.)  6. Presentations:  Police Chief Alcaraz - Introduction of the Fowler Police Department Explorers With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Councilmember that the resolution or ordinance be read ini full, further reading of the resolution or ordinance shall be  deemed waived by unanimous consent of the Council.  7. Communications  1    8. Staff Reports  A) City Manager's Report Public Works Report C) Finance Department Report  B)  Six Month Budget Performance for July through December 2018  D) Police Department Report E) Fire Department Report 9. City Attorney's Report  10. Consent Calendar - Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa Councilmember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa a Councilmember objects to an item, then it should be removed and acted upon as a  separate item. A)  Ratification of Warrants - February 19, 2019 the City Council Meeting - February 5, 2019  B) Approve Minutes of the City Council Special Meeting - January 31, 2019 and  C)  Authorize the City Manager to execute an agreement with DTA in the amount of $42,500 for preparation of a Development Impact Fee Update and Nexus Study subject to the review and approval of the City Attorney  11. Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro-Tem Hammer Councilmember Kazarian Councilmember Parra Councimember Rodriquez  12. Adjournment  Next Ordinance No. 2019-01  Next Resolution No. 2423  CERTIFICATION: 1 Corina Burrola, Deputy City Clerk of the City of Fowler, California, hereby certify that  the foregoing agenda was posted for public review on Friday, February 15, 2019.  Coxiafod Corina Burrola Deputy City Clerk  2    ITEM  8C  STAFF REPORT  DATE: TO: FROM:  2/14/19  Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director  SUBJECT: Six Month Budget VS Actual  Attached for your review and comments is the 61 month Budgeted VS Actual Revenues and Expenditures  for the General Fund and selected Special Funds.    Financial Summary FY 2018-2019 Six Months Benchmark = 50% July-D Dec Actual  Remining Balance  Percentage Collected 32.04% Percentage Used 17.61% 35.71% 50.76% 52.58% 23.55% 60.17% 45.33% 25.68% 31.25% 24.18% 41.27% 47.47% 30.83% 52.35% 45.89% 40.43%  Revenues  Budget $4,666,290  Total General Fund  $1,495,307 $3,170,983  July- Dec Actual $9,133 $154,251 $41,752 $132,321 $35,324 $170,328 $856,106 $1,032,309 $30,808 $5,000 $158,835 $72,697 $48,792 $84,312 $41,619 $31,178 $1,872,456 $755,903 $655,839 $203,202 $293,537 $0  Remaining Balance $42,722 $277,706 $40,500 $119,326 $114,676 $112,728 $89,142 $11,000 $497,996 $103,451 $53,989 $189,138 $37,878 $36,764 $2,759,325 $395,797 $945,657 $177,298 $234,235 $0  Department Expenditures Budget  City Council Administration City Clerk Finance City Attorney General Government Police Fire Animal Control Street Maintenance Planning Building Dept Park Maint Recreation Senior Center  $51,855 $431,957 $82,252 $251,647 $150,000 $283,056 $1,888,415 $119,950 $16,000 $656,831 $176,148 $102,781 $273,450 $79,497 $67,942  Total G/F Expenditures $4,631,781  Water Water  Revenues Expenditures  $1,151,700 $1,601,496 $380,500 $527,772 $0  65.63% 40.95% 53.40% 55.62% 0.00%  Utility Tax Revenues Utility Tax Expenditures District Tax    ITEM 10A  $    888 88888 OKU S 1 i2 A  nos 0ony 46s an EreGE mmyoun  V  888 888 888 8 8 888 8 888888 888888 0 0o o 000 000 o o 000 o o o o 000 000000  8    mu 9  r?0  8888 3888888888 3888888888 d8 d8 0e 888 d0 d0 888 8 888 0000 0000000000 0000000000 o o 0 0 0 0 o 000 o 000  38  -r  win    38888888488   Scd 1e 10  Fe  HNNmm4U  o0 0 8888  %0 o0 > 8 - 888 8 0  388888888888883 000000000000000  o o 0000 o o  o 000 o o  1 2    o9No  8888 8888888888888888 888888888 0 - 88888 888888 8 0000 0000900000000000 666000000 o o 000 o 000000 o                888 0 00e 000 0  10 0  o    0    10B  MINUTES  ITEM  OF THE FOWLER CITY COUNCIL SPECIAL MEETING JANUARY 31,2019  Mayor Cardenas called the meeting to order at 9:06 a.m. Roll call was taken. There were no  public presentations. Councilmembers present: Councilmembers absent: City staff present:  Cardenas, Hammer, Parra, Rodriquez  Kazarian  City Manager Davis, Public Works Supervisor/Fire Chief Lopez, City Attorney Wolfe, City Planner Marple, City Planner, O'Neal, Building Official Baxa, Deputy City Clerk  Burrola,  DISCUSSION/DIRECTION REGARDING FAT GABE'S FOOD TRUCK PROPOSAL TO City Manager Davis stated that at the last Council meeting, representatives of Fat Gabe's Mobile BBQ spoke of an issue that-has come up with their proposed business plans for property located at 226 S. gth Street. Their operational statement for a mobile food vending business on the site would fall under regulations that apply to aj permanent restaurant business, and does not align with the City's mobile food vending ordinance regulations. Planning Staff has been working with the applicants to provide the correct process for the operation they are proposing. The City Attorney has provided an Planning Consultant Dawn Marple stated that there was a misinterpretation of the Municipal Code after several discussions with the applicants on their proposed business plan, namely that Fat Gabe's might operate under regulations of the City's mobile food vendor ordinance. However, their plan is to be operating each day on the site, serving food all day, using the mobile trailer to cook the food. This would not fall under the regulations of mobile food vending but would be governed by State and local codes related to a stationary restaurant. City Attorney Wolfe provided an opinion letter that would allow for a process for Fat Gabe's to do what they propose for a short period of time until they can comply with the Code for the intended permanent food operation, as outlined in their business Jason Webb and Gabriel Sepeda, business partners, spoke of their business plans. They described the mobile trailer equipment, and said that they wish to have aj permanent spot to park it and serve their customers at breakfast, lunch and dinner. Future plans include having a tap house that serves beer, and food that will be cooked in the trailer. They signed a five year lease on the property, due to receiving verbal approval. Since then, Planning Staff clarified that there is a conflict in operating permanently on the site as a mobile vendor, and they instead would be required to comply with regulations similar to a permanent restaurant business. They said that they cannot afford to comply Mayor Cardenas spoke of wanting to assist their business, but the problem is that there is a separation between mobile and stationary businesses, and City policies must be followed. Staff has provided a compromise in offering a six month temporary use permit while they work to make the restaurant  OPERATE AT 226 S. 8'H STREET  opinion letter pertaining to use ofthe site, based on their operational statement.  statement.  with such requirements.    operation comply with their business plan. Questions were asked about requirements to make the truck permanent. Planning Consultant O'Neal said that it would be similar to making a mobile home permanent: removing the wheels to make a permanent structure, providing a foundation, and Councilmember Parra noted that El Mexicano restaurant on Manning Avenue was originally a food truck that had to comply with permanent restaurant regulations, and the City has received other requests for parking a mobile trailer or truck on private property to operate as Fat Gabe's proposes. He said that he did not want to see the City become a mobile food truck town, and while such operations take place in areas like Fresno, they are mostly limited to downtown areas. City Attorney Wolfe said that the temporary use permit being offered to Fat Gabe's was the most liberal interpretation of the Code that the City could offer, that will give them the opportunity to Mayor Cardenas asked ifit was possible to update the mobile vendor ordinance. City Manager Davis said that while there are various State retail food codes and health and safety laws that restrict or Mr. Webb asked if the Council would consider changing the mobile vendor ordinance to accommodate their business proposal. Councilmember Hammer stated that while the City could review the ordinance, the applicants must understand that mobile is mobile, and permanent is permanent. Councilmember Parra also said that there is a difference between mobile and permanent, and though changing the ordinance might result in allowing a mobile vendor that parks on private property to service a business, to be open for a longer time such as two hours, it would not help with Mr. Webb asked why their food truck can operate for longer hours at the City's Farmer's Market. Ms. Marple explained that the Farmer's Market is permitted as a specific use listed in the Code under temporary uses, and the uses associated are permitted under the time limit oft that seasonal event. Mr. Webb asked if, hypothetically, they use the 226S S. gth Street location as a special events venue, ifthey would be able to have a temporary use permit and continually reapply, like a Farmer's Market. Mr. O'Neal stated that the Farmer's Market operates as a standalone event on its own at which any number of different things may appear for the duration of the event, but allowing the mobile food trailer on the property on gth Street, there is no "event" going on, per se. Ifthere was an event and the six months elapsed, and they reapplied for another temporary use permit, it would be evident that City Attorney Wolfe summarized the Council's direction: Staff can process a temporary use permit to allow Fat Gabe's to operate for six months, with conditions that the City would need to impose along with state law requirements, and to bring back for discussion possible amendments to the Code which would require public hearings by the Planning Commission and City Council, with no guarantees that any changes that will benefit the business will happen. Mr. Webb asked for a list, in writing, of everything that needs to be done to the property to operate for the six months. Mr. O'Neal stated that they can apply for a temporary use permit, and will be given the list. They will then have time to comply with requirements, as the six month time frame would begin on the date they are open for Mr. Webb asked if they decided to go with their plans for a tap house, before doing the mobile BBQ vendor operations, would they be able to invite a food truck at the property and sell food for longer hours than the mobile vendor ordinance allows. Mr. O'Neal said that if they decide to have a tap house facility, the mobile truck might be allowed, not under the mobile vendor requirements, but under a Conditional Use Permit process. This could allow for the food to be prepared in the mobile  connecting to City utilities.  establish aj permanent food business, ift they desire.  regulate mobile vending, staff would research the subject.  what Fat Gabe' s wishes to do.  they would be perpetuating a permanent business under a temporary use.  business.  food trailer as an accessary use to the tap house business.    Property owner Art Ramirez asked if Fat Gabe's can also be given a list from the Planning and Building Departments for what is needed to make their business a permanent restaurant, tol help them Mayor Cardenas said that it is hoped that the six month period provides them an opportunity to test  make. a decision for the future.  their operations, and that they can move forward in having a successful business.  ADJOURNMENT  Councilmember Parra made a motion to adjourn, seconded by Mayor Pro-Tem Hammer. The motion  carried and the meeting was adjourned at 10:03 a.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  FEBRUARY 5,2 2019  Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken.  Councilmembers Present: Cardenas, Kazarian, Parra Councilmembers Absent: Hammer, Rodriquez  City Staff Present:  City Manager/City Clerk Davis, City Attorney Wolfe, Finance Director Uyeda, Police Chief Alcaraz, Deputy City Clerk Burrola  The Flag Salute and Pledge of Allegiance were followed by ai moment of silence and reflection.  PUBLIC PRESENTATIONS  Patric Jones, Fowler resident, expressed his concerns of the parking situation at St. Lucy's church Vicki Filgas-Trevino, Selma resident and active member providing mural projects and public art to the City of Selma, spoke of an opportunity she would like to offer the City of Fowler. She provided information on a bronze sculpture that the city of Selma has had on display for three years. This sculpture was created by Muralist Ernie Palomino, weighing 2000 pounds, dedicated to the farm workers. She explained that Mr. Palomino's endeavor was to share this sculpture with other farm working communities SO that it could be enjoyed and appreciated. She expressed that Fowler would be a great location to house this sculpture for the next three years and at the end of Jason Webb and Gabriel Sepeda, business partners of Fat Gabe's Mobile Kitchen, stated they are following up on last week's special meeting. They have not received the list ofrequirements they need to operate their mobile food vending trailer on property at 226S.8 gth Street. City Manager  he had mentioned at aj prior Council meeting.  the three years move it to the next community.  Davis said that staffis working on completing the list.  COMMUNICATIONS  City Manager Davis mentioned the General membership meeting for the South San Joaquin Valley Division is this Thursday, February 7,2019 at 5:30j p.m. at the Madera Club House. The Blossom Trail Ceremony will be Friday, February 8, 2019 at 10:00 a.m. at the Selma Arts  Center. STAFF REPORT  CITY MANAGER'S REPORT  City Manager Davis said that the City is working with Tree Fresno and Fresno Council of Governments (COG) on a Community Landscape Plan. There will be outreach events, to get community participation, these events will be taking place at Sutter Middle School; the dates are February 28h and March 28th from 5:30 - 7:30 p.m. Invitations were mailed out with the water She mentioned construction for the fire station project will begin towards the end of next week.  bills.    Ms. Davis said City staff met to discuss traffic mitigation solutions for the Merced and 10th street intersection. The subject will be brought to the Council sometime in March for discussion.  PUBLIC WORKS REPORT  Public Works Supervisor Lopez was not present. Ms. Davis reported 14 truckloads of asphalt were used to patch potholes on Golden State Boulevard. The weeds along alleyways and Golden State  Boulevard have been sprayed. FINANCE DIRECTOR'S REPORT  APPROVE INSTALLATION OF ONLINE PAYMENT SERVICES  Finance Director Uyeda said the City currently accepts credit cards only in-house, he is working on options that would allow residents to access an online site to pay their water bills via credit and debit card. Mr. Uyeda said software installation and training would be a one-time installation fee of$11,882 and monthly use and maintenance fee of $541. He proposes using part ofthe $70,000 initially budgeted for replacing the City's aging computer software. Fowler is the only City in the Councilmember Kazarian made a motion to approve installation of online water bill payment services and related budget adjustment, seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Kazarian, Parra. Noes: None. Abstain: None. Absent: Hammer,  direct area that does not have online bill paying available.  Rodriquez.  IMPLEMENT NEW OUT SOURCED MAILING SYSTEM  Mr. Uyeda said the City is currently renting a folding machine which prepares the bills for mailing which costs the City $500 a month. In addition the copier is tied up for long periods of time printing invoices and restricts other users from faxing or making copies. There are times the system will suffer a glitch and invoices do not get printed correctly and this causes additional time and material costs, combined with staff time, to incur. The City has been experiencing mailing problems and bills are not being received or received late. The system fee is $1,150 per month; less current copier rental equals $650 per month offset by reduced time to other more productive areas. Councilmember Parra made a motion to approve budget adjustment to implement new out sourced water bill mailing system, seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Kazarian, Parra. Noes: None. Abstain: None. Absent: Hammer, Rodriquez. DIRECTION ON MAKING CHANGES TO WATER BILL DUE DATES AND SHUT OFF DATES; AND CONSIDER AND APPROVE CLOSING OUT DAILY WATER BILL Mr. Uyeda stated the water bills are due 15 days after issuance. Finance proposes to extend the due date to 30 days. Most cities in Fresno County use the 30-day period to cut off and in some cases; late fees are not accessed until after 45 to 60 days. The Finance Department proposes to close out receiving water bill payments at 4:30 p.m. to give staff enough time to correctly balance the daily receipts. In addition, SB-998 recently passed, will require cities to extend water cut-off to 60 days effective January 1, 2020. Ms. Davis said this will require an ordinance amendment for water shut  PAYMENTS AT 4:30 PM  off dates. This will be brought back at a later time to the Council.    Councilmember Kazarian made a motion to approve closing out water bill payments at 4:30 p.m., seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Kazarian,  Parra. Noes: None. Abstain: None. Absent: Hammer, Rodriquez.  POLICE DEPARTMENT REPORT  APPROVAL TOSURPLUSFATROL VEHICLE  Police Chief Alcaraz recommended to surplus a patrol vehicle, Patrol Unit #35, a 2006 Dodge Charger has not been utilized for patrol in the last six months due to needed repairs. In the last two years it has incurred over $6,000 in repairs and is currently in need of extensive repairs which will Councilmember Parra made a motion to approve the surplus of the patrol vehicle, seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Kazarian, Parra.  cost the City over $5,000.  Noes: None. Abstain: None. Absent: Hammer, Rodriquez.  FIRE DEPARTMENT REPORT Nor report was given.  CITY ATTORNEY'S REPORT No Report was given. CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - February 5, 2019; B) Approve Minutes of the Fowler City Council and Fowler Planning Commission Special Joint Meeting and the City Council Meeting - January 15, 2019; C) Adopt Resolution No. 2421, "A Resolution Before the City Council of the City of Fowler, County of Fresno, State of California Approving Variance No. 18-01 and Approving A Categorical Exemption Pursuant to CEQA Guidelines Section 15322", D) Adopt Resolution No. 19-2422, "A Resolution oft the City Council of the City ofF Fowler Accepting A Sewer Easement Within APN's3 345-180.05,345-180.22 and 345-180-26". City Manager Davis pulled Item D. She explained this item is for a sewer easement for Maxco, which should be approved separately; the grant deed has not yet been received from Maxco for the sewer easement. City Attorney Wolfe said it could be approved contingently on the Grant deed being submitted to the City Engineer. Councilmember Kazarian made a motion to adopt Resolution No. 19-2422, "A Resolution of the City Council of the City of Fowler Accepting a Sewer Easement within APN's 345-180-05, 345-180-22 and 345-180-26" contingent upon the grant deeds upon being satisfactory to staff, seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Kazarian, Parra. Noes: None. Abstain: None. Absent: Councilmember Kazarian made a motion to approve the Consent Calendar Items A through C, seconded by Councilmember Parra. The motion carried by voice vote: Ayes: Cardenas, Kazarian,  Hammer, Rodriquez.  Parra. Noes: None. Abstain: None. Absent: Hammer, Rodriquez.  COMMITTEE REPORTS    Mayor Cardenas attended a Council of Governments meeting last week, he was asked to take the Councilmember Parra met with a representative from Congressman TJ Cox's office and representatives from other cities regarding public safety and economic development.  position as Chair for the Council of Governments.  ADJOURNMENT  Having no further business, Councilmember Kazarian made a motion, seconded by Councilmember Parra to adjourn. The motion carried and the meeting adjourned at 8:12 p.m.    ITEM 10C  STAFF REPORT  TO: FROM: DATE:  MAYOR & CITY COUNCIL JEANNIE: DAVIS, CITY MANAGER  SUBJECT: DEVBLOPMENT IMPACT FEE UPDATE AND NEXUS STUDY  FEBRUARX15,2019  ECANERDATONAEALETD ACTION  Select DTA as the most qualified firm and authorize the City Manager to execute an agreement with DTA in the amount of $42,500 for the preparation ofal Development Impact Fee Update and Nexus Study subject to the review and approval of the City  Attorney. DISCUSSION  The City of Fowler imposes impact fees On proposed development projects within the City boundaries. These fees are collected to fund infrastructure and other services necessary to support and serve the developments. The amount of the impact fees are set though studies performed periodically to accurately account for and determine costs for development related infrastructure and services. The most recent impact fee and nexus study was last prepared and adopted in June 2000. Since June 2000, the city has experienced new and diverse development proposals and projects. This coupled with inflation and changing needs necessitates the need for a revised impact fee and nexus study in order to update the impact fees. Based on the need to reevaluate the impact fees, the City issued a Request for Proposals On December 26, 2018 soliciting services from qualified firms for preparation ofa Development Impact Fee Update and Nexus Study. On January 24,  2019, three proposals were received from the following firms:  Firm DTA EPS Willdan  Proposed Fee $42,500 $69,000 $62,520    After a thorough review by the City Manager, City Engineer, and Finance Director, the City has identified DTA as the most qualified firm for the project. Staff has prior experience working successfully with DTA on similar fee studies. Additionally, staff has contacted other local agencies and received similar positive reviews of DTA and The consultant will work closely with city staff and stakeholders to develop and support a comprehensive Development Impact Fee Program that meets the requirements of the City. The services include developing a public facilities financing plan, reviewing proposed impact fees, and preparing a nexus study in order to develop updated and sustainable impact fees for newly proposed development projects. The consultants schedule includes beginning preparation of the study in March 2019 and completing the study and adopting the impact fees in July 2019. Copies of the consultant's proposals are available in the office of the City Clerk for  their staff.  review.  2