FOWLER CITY COUNCIL MEETING AGENDA FEBRUARY 5, 2019 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 5TH STREET FOWLER, CA 93625 Inc 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 thati is a public record and provided to a majority oft 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 aty www.lowlercivy.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.) 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 in full, further reading oft the resolution or ordinance shall be deemed waived by unanimous consent of the Council. 6. Communications 7. Staff Reports A) City Manager's Report B) Public Works Report C) Finance Department Report 1) Approve Installation of Online Water Bill Payment Services and Related 2) Approve Budget Adjustment to Implement New Out Sourced Water Bill 3) Direction on Making Changes to Water Bill Due Dates and Shut off Dates; and Consider and Approve Closing out Daily Water Bill Payments at 4:30 Budget Adjustment Mailing System p.m. D) Police Department Report Approval to Surplus Patrol Vehicle E) Fire Department Report 8. City Attorney's Report 9. 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 Councilmember objects to an item, then it should be removed and acted upon as a separate item. 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 D) 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 Section 15322" and 345-180-26" 10. Committee Reports (No action except where a specific report is on the agenda) Mayor Cardenas Mayor Pro-Tem Hammer Councimember Kazarian Councimember Parra Councimember Rodriquez 2 11. Adjournment Next Ordinance No. 2019-01 Next Resolution No. 2423 CERTIFICATION: 1 Corina Burrola, Deputy City Clerk oft the City of Fowler, California, hereby certify that the foregoing agénda was posted for public review on Friday, February 1, 2019. Corue 7c Corina Burrola Deputy City Clerk 3 ITEM 7C-1 STAFF REPORT DATE: TO: FROM: 12/4/18 Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director SUBJECT: On-Line Water Payments BACKGROUND: The City currently accepts Credit Cards only in-house. We have researched several options that would allow Water users to access an online site to pay their bills via credit/debit card, ACH banking, etc. Our biggest hurdle was the lack of our billing software interfacing with Outside Providers due to our system owners' high licensing fees. It was thought that the use of our own software Vendor program was cost prohibited, but upon further investigation we: found the costs to be much more reasonable. The interface unlike outside vendors, would allow users to see account details much as one FISCAL IMPACT: Software installation and training would be a one-time installation fee of$11,882 and an monthly user/maintenance fee of $541. As we are half way through the year, Ij propose using part oft the does with online credit card billings. . $70,000Iinitially budgeted for replacing the City'saging Computer Server. RECOMMENDATION: Approve installation of on-line payment services S U m a O Z e 9 a Z ITEM 7C-2 STAFF REPORT DATE: TO: FROM: 12/5/18 Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director SUBJECT: Water Bill Mailings BACKGROUND: We currently rent a "folding" machine which prepares the bills for mailing which costs us $500 per month. In addition our copier is tied up for long periods of time printing thei invoices (copier not made: for prolonged use) and restricts other users from faxing and/or copying. When the system suffers a "glitch", invoices do not get printed correctly and additional time and material costs are We also experience mailing problems, bills not being received or received late. There is no correlation between districts or areas and appears to be random. One of the problems I see is the local mailing of water bills via the Fowler Postal Station which then transfers the mail tol Fresno for processing and then returned to Fowler for distribution. The potential for bills to fall out oft the box while being transported is high, as the boxes are small and unstable. A box ofinvoices could be separated in transit and/or at the Post Office which would explain the inconsistent delivery to different addresses. The Outside Vendor delivers the billings in more secured boxes and they put into dedicated drop zones in the post office. FISCAL IMPACT: $1,150 per month, less current copier rental equals $650 per month offset by reduced incurred. Combined with stafft time, this is very inefficient and labor intensive. time applied to other more productive areas. RECOMMENDATION: Implement new out sourced mailing system. InfoSend's Mission InfoSend's goal is to provide the best possible Customer Engagement solution in an accurate, reliable, and timely manner- with an unparalleled client support culture that emphasizes personal touch. Billing & Payments Unparalleled Client Support Multi-Channel Customer Engagement via Web, Mobile, IVR, SMS Text, Print, and Bank BillPay MIS mot Get to Know InfoSend - A Reliable Partner InfoSend has provided business process outsourcing services since 1996, handling the processing and distribution of 185 million critical documents annually for industries throughout the United States. Utilizing the most current technology, InfoSend's Customer Engagement platform offers a single source provider to InfoSend's Customer Communications Management (CCM) platform distributes critical documents across multiple channels, including InfoSend's own manufacturing environments in California, Texas, and Illinois for Data Processing, Printing, and Mailing (DPPM). InfoSend's hosted Electronic Presentment and Payment (EBPP) applications drive the customer remittance process with web, IVR and SMS payment solutions. The cloud-based, Software as a Service (Saas). approach allows InfoSend to refine offerings without client-side installed software or maintenance, as well as providing for flexible integrations to existing systems or Integrity is at the core of InfoSend, with a stated goal to retain and provide complete satisfaction for each client. InfoSend has over 150 employees across multiple states, and the company culture has led to high employee retention, affording clients familiarity and quality service. From ouri internal operations, to how we support our valuable clients, InfoSend's client-focused service has led to an industry leading client reach customers with effective and timely interactions. vendors. retention and satisfaction rate. InfoSend Solutions We recognize our clients' unique needs by personalizing the way we build solutions for each account. InfoSend configures each service to work together, providing custom solutions for your organization. InfoSend does not simply mail out bills and present them online to enable payments. We tailor our products and services to suit client needs in a way that makes us an extension of both your finance and customer service departments. Our clients often rely on us to build solutions that their own systems may not support. By using InfoSend's platform you can manage all data using online account management tools and use our bill design expertise to accomplish a unified look and feel for all your billing documents and customer The information ini this proposal is confidential and is not to be used or disclosed except to the recipient's employees, officers 4 communications. and agents engaged in evaluating this proposal. Overview of InfoSend Products and Services DPPM: Data Processing, Print, and Mail Service Cloud Based Data Processing: data processing of raw data and print files is done within an High Speed Digital Printing: print statements, invoices, letters, postcards, notices, or other various documents using laser ori inkjet technology: black, grayscale, black plus one or more spot colors, and USPS Compliance and Automation: USPS compliant postal presorting is used to drive postage to thel lowest available rates, leveraging the Full-Service Intelligent Mail Barcode (IMB) workflow. Dynamic Customer Messaging: automated and ad hoc targeted customer messaging capabilities, with dedicated Direct Communications department for production and distribution of Fast Service Level Agreements (SLA): quick turn-around of document folding, inserting,p presorting, InfoSend data center. full color printing are all supported. marketing, informational inserts, postcard and special mailings. and delivery to the USPS, with next business dayj job completion. EBPP: Electronic Billing, Payment and Presentment Multi-Channel Payment Collection: InfoSend's payment platform provides customer convenience One-Time and Automatic Payments: allow customers to quickly make a one-time payment, as well Paperless Bill Notification and Presentment: notify customers via email when a new bill is available, and securely deliver exact replica of printed document to customers inbox or show online Mobile-Ready Customer Engagement: all products are mobile compatible out of the box, with no app store downloads required of customers. Powered byl InfoSend's CCM platform, customer specific Interactive Voice Response (IVR): accept customer payments via automated phone service with InfoSend-hosted phone number, enabling client phone systems to redirect customers with ease. SMS Text-to-Pay: enrolled customers may opt in to receive text notifications of new bills, and reply tol have the registered payment method drafted fort the amount due, speeding up thet time top payment. Bank Payments (MasterCard RPPS): InfoSend can collect payments made viai the customer bank PCI-Compliant Cloud Based Solution: electronic billing and payment related products hosted int the to pay by web, telephone, SMS, CSR, in-person EMV and bank payments. as sign up to have their payment account auto debited with each billing cycle. via the secure portal. messaging and payment reminders are delivered electronically. and include them within the lockbox file. cloud byl InfoSend in a secure PCI-Level 1 compliant environment. CCM: Customer Communications Management with a Single Platform files. This core system can then output the information to all delivery channels. Multi-Channel Distribution: one data processing platform manages the import and handling of data Secure: upload data via our secure website, FTP with optional PGP encryption, or SFTP into a PCI, Innovative Document Designs: document redesign consulting - we create your new document look and feel and then our document composition creates bill images for both printed and paperless bills. Customizable Messaging and Business Rules: create and schedule document messages by customer type or account number, with paper suppression and distribution workflow completely Online Proofing, Job and Mail Tracking: web-based system to track and view samples of print or eBills before they are sent, and monitor the job batch through distribution to the customer. Detailed Reporting: a variety of standard reports can be accessed via web portal or emailed to you, Archiving and Secure Third-Party API Access: documents can be stored within an InfoSend archive, and may be accessed by clients via an InfoSend portal. InfoSend also has an API available, HIPAA and SOC audited environment. customizable to meet client need. including a detailed breakdown comparison of inputs and outputs. allowing any vendor the client authorizes to pull customer documents for display. The information int this proposal is confidential andi is not to be used or disclosed except to the recipient's employees, officers 5 and agents engaged in evaluating this proposal. Facilities USPS. InfoSend is located strategically across the nation, ensuring both disaster mitigation and regional access to the Corporate Headquarters & Western US Production Facility 4240 E. Lal Palma Ave Anaheim CA 92807 Ph: 714.993.2690 Fax: 714.993.1306 InfoSend owns and operates its 102,000 sq. ft. headquarters and Western US production facility. This facility sits on a 4.3-acre lot and is one oft the premier bill processing centers in California. This facility acts as the primary data center, provides disaster recovery to the otheri facilities, and has a 600KWI backupg generator that can power the entire facility in the event of a grid failure. InfoSend's Anaheim facility is designated as a USPS Detached Mail Unit (DMU) with USPS representatives working on-site. Midwest & Northeastern US Production Facility 1406 Centre Circle Downers Grove, IL 60515 InfoSend's 25,000 sq. ft. Midwest production and disaster recovery facility is located just West of Chicago, Illinois. This facility is used to process mail for clients located ini the Midwest or Northeast. The Midwest facility also serves as an out-of-state disaster recovery facility for InfoSend's California and Texas facilities. InfoSend Midwest is also a USPS DMU with USPS representatives on-site. As with the Anaheim facility this property is owned by! InfoSend's principals. Texas & Southeastern US Production Facility 1624 W Crosby Road #128 Carrollton, TX7 75006 infosend InfoSend's 21,000 sq. ft. Texas Production facility is located near Dallas and is the main production center for clients in the South and the Southeast. This facility also provides out-of-state disaster recovery for InfoSend's other locations. The information in this proposal is confidential andi is not to be used or disclosed except tot the recipient's employees, officers 6 and agents engaged ine evaluating this proposal. InfoSend's Data Processing, Print & Mail Solutions Detail Data Processing Deep experience handling input data streams from a countless variety of systems, across many Multi-channel distribution of documents: USPS, eBilling, Online Hosted Archive, API,FTP, Bankl Networks Online job tracking, customer service, sample approval, and production service level agreement (SLA) industries. and more. detail. Print and Mail Customizable document composition with variable and ad hoc messaging options. Print in black, grayscale, black plus one or more spot colors, and full variable color. Industry-leading Quality Control (QC) process, leveraging the latest technologies to ensure error-free Full USPS compliance, postage savings, and reporting, including return mail solutions. Dedicated support for production and distribution ofr marketing, informational inserts, postcard and special Partnered solutions: tracked delivery via FedEx, cash payments from retail locations via PayNearMe, manufacturing. mailings. Online Banking, and more! InfoSend Reliable Production and Materials Standardized Environment: InfoSend's standardization in production and materials provides reliability and cost effectiveness for clients with a diverse array of needs across countless industries. Effective Paper Stock: standard 24 Ib. blank paper utilized to strike the right balance between cost and Customized Perforation: multiple perforation locations are supported to ensure lockbox compatibility. High Speed Digital Printing: printing using laser or inkjet technology: black, grayscale, black plus one Effective Envelope Stock: standard outgoing #10 and return #9 envelopes predominantly manufactured and stocked by InfoSend, include strategically placed windows to allow client logos to be visible for the Computerized Mailpiece Inserting: documents at InfoSend are tagged and tracked through the production environment, including mailpiece integrity software that ensures accurate insertion of printed USPS Compliance and Automation: all documents are presorted prior to induction to the mail stream toe ensure the lowest possible postage rate. InfoSend's Anaheim and Downers Grove facilities are designated as a USPS Detached Mail Unit (DMU), meaning USPS personnel are onsite authorizing mail reliability. orr more spot colors, and full color printing are all supported. customer prior to opening, as well as tinting to ensure data privacy. page into the envelope prior to delivery to the USPS. to! head straight tor regional sort centers and bypass the local office. The information int this proposali is confidential and is not tol be used or disclosed except to the recipient's employees, officers 7 and agents engaged in evaluating this proposal. InfoSend Data Processing, Print and Mail Pricing Document Production Summary AIIL Utility Bills and Notices One page, ypt to two color duplex (2/2) including envelopes $0.20 per document The below provides the components of the summary price given above. All pricing is based on "Client Volume Assumptions" listed below and excludes applicable sales tax. Data Processing Implementation Setup Fee Option 1: Setup Fee - Express PDF Input Files Option 2: Setup Fee - Data Only Input Files Printing and Mailing Service $500.00 $995.00 $0.00-WAIVED Document Re-Design Fee USPS Postage Apostage deposit will be required prior to starting service. Service Fee All Utility Bills and Notices Print Fee per Page Optional Color Upgrades (colors per side, blacki is assumed tol be ac color) Inline Inserts (per page) (Actual material pricing below) Batch Fee (per mailing batch under 1001 bills) Excess Pages Handwork Surcharge (per mail piece) Pass-through: $0.153 up to 2/2 printing $0.1681 for 3/1, 3/2 or 3/3 printing $0.1731 for 4/0 or 4/1 printing $0.1781 for 4/4 printing Subtract $0.021 from color tier above. $10.00 $0.35 $0.35NCOA or ACS Address Updates Materials Paper Stock (pers sheet) Outgoing #10 Envelope Return #9 Envelope $0.015 $0.017 $0.015 $0.17 Outgoing Flat Envelope - used for mail pieces with excess pages Inserting Fee - InfoSend-produced. and Drop Shipped Inserts Optional Document Services $0.015 peri insert PRICED UPON REQUEST $0.01- - For 121 Months of Retention $0.017- For 24 Months of Retention $0.024- For 36 Months of Retention $0.015 peri insert $175 Note: InfoSend-produced inserts are priced upon request andi include folding. Drop Shipped inserts that require folding an additional $0.011 folding fee peri insert will be applied. Envelope Messaging Print Image Archiving (Per Document Image), with included USPS mail tracking Electronic Inserts Professional Services Rate (per hour) Thei information int this proposali is confidential and is not to be used ord disclosed except to the recipient's employees, officers 8 and agents engagedi in evaluating this proposal. Fee Explanations Finished mail pieces are delivered to the USPS within one (1) business day. If samples (proofs) are requested then ther mailing will be completed within one business day of sample approval. File upload deadline for next-day mailing is 3:00PM local time at the production facility designated for your account. If samples are required then they must be approved by 5:30PM local timei for the file to be mailed by the next business day. Data Processing Setup Fee Express PDF Input: requires a final composed PDF is uploaded tol InfoSend for processing. Clients maintain control Setup Fee Data Only! Input: requires the dient provide ai flat data extract, InfoSend creates, hosts and maintains an application Document Re-Design Fee: usingt the' "Data Only Input" method, InfoSend's Client Services Team assists inr redesigning the format Postage: clients are invoiced for the exact postage used. Leveraging InfoSend's USPS compliance and expertise, clients are Service Fee: Pricei is per physical page. Includes processing of your unique data, CASS address validation, presorting, printing, and mail insertion. All sheets arel billed att the same rate. The price fort thes sheet with thel highest number ofc colors ist the applicable Optional Color Upgrades: Different options are available: ato different prices. Numbers fewer than 4 equali individual colors, 4€ equals fullo color. The number 1r means! black or grey. All sheets are! billed att the same rate; the price for the sheet with the! highest number Inline Inserts: price fori inserts printed on demand as additional pages. Allows for more dynamic customer messagingy with the extra Excess Pages Handwork Surcharge: surcharge is assessed per mail piece (notp per page). This surcharge only applies tor multiple page! bills that have too many pages tol bei inserted into ai #10 envelope by machine. This surcharge covers the necessary manual Address Updates-NCOALink or ACS: per reported update. InfoSend electronically reports the addresses it received iny your data that need to! be updated because the customer filed a Change ofA Address Report with the USPS. Cost is per update. Paper Stock: white paper stock with or without perforation. Paper is 8.5x11" and 24lb. Price includes all inventory costs. Al larger Outgoing #10 Envelope: #10 InfoSend Standard Double' Window Outgoing Envelope. Includes security tint printed on thei inside oft the paper stock and clear film that prevent the contents of the envelope from being viewed. Sourced with sustainably logged Return #9 Envelope: #91 InfoSend Standard Single Window Return Envelope. Includes the same security tint and SFIP paper ast the Outgoing Flat Envelope: single window envelope, only used for multiple page statements thât do not fiti int the #10 envelope. Inserting Fee: clients can print and foldi inserts and ship them tol InfoSend to bei included with InfoSend produced mail. Additional fee applies if insert arrives at InfoSend but requires folding prior to insertion. Setup fees may apply for programming selective Envelope Messaging: custom messages andi images can bep printed ontot the standard InfoSend #10 double window envelope as ar more cost-effective alternative top pre-manufactured custom envelopes. Thep price depends ont the artwork - number of colors and whether it prints on one or both sides oft the envelope, as well as order quantity. Pricei is quoted uponr request. Print! Image Archiving: fee per document top process, index, and store a document as a PDF for a set number of months. PDFS are securely accessed using anl InfoSend website application. Third party applications can also access the PDFS via a lightweight Electronic Inserts: fee per digital image ofa a physically produced insert included in the PDF copy of a document. Ensures that clientr representatives and client customers can gett the same information int the electronic bill as would go outp physically. Professional Services Fee: per hour and performed only upon request for customizations made to processing program or document format after go-live. Worki is only started after receiving client approval ofaf formal quote. of document look and feel, but InfoSend designs ap program top parset the necessary data from the PDF. ofprinted documents toi improve communications ort to take advantage ofr new printing capabilities. provided the lowest possible USPS automated rates when client batches qualify. fee. Blacki is considered. a color with the above pricing options. of colors is the applicablet fee. 4 equals CMY K( (full color). pre-production lead time and overhead. labor required top process these mail pieces. to generate documents. Existing document designi is copied. Printing andl Mailing Service Materials 8.5x14" format is available atal higher material cost andl higher printing cost. paper (SFI). #10. Optional Document Services inserting. InfoSend-printed inserts are quoted uponr request. API with no cost. Setupt fees may apply depending on configuration needs. The information in this proposal is confidential andi is not tol be used or disclosed except to the recipient's employees, officers 9 and agents engaged in evaluating this proposal. ITEM 7C-3 STAFF REPORT DATE: TO: FROM: 12/4/18 Honorable Mayor and City Councilmembers Randy Uyeda, Finance Director SUBJECT: Water Billing Due Dates and Payments BACKGROUND: Currently 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 as a cutoff and in some cases, late fees are not accessed until after 45 to 60 days. It appears that there is mail delivery problem which can't bei isolated at this point in time. We have reviewed the addresses involved and are not able to specify any one: route. In addition, SB-998 recently passed will require Cities to extend water "cut-off" to Finance also proposes to close out receiving Water payments at 4.30pm to give staff enough time to correctly balance the daily receipts. The: majority of Cities close out early for this very same: reason FISCAL IMPACT: Potential loss ofa approximately $15,000 in late fees offset by reduced research, customer contact, complaints and overtime/comp time for both admin and public works employees. This figure is based on the annual late fees collected in 2017,I believe there will continue to be late payers and 60 days effective 1/1/20. unless they have 2 shifts. Fowler in not big enough to consider 2 shifts. we will continue some late fees, just not as much. RECOMMENDATION: 1. That the City change its' Water due date to 30 days and begin developing the necessary items to 2. That the City close out Water collections at 4.30pm. to be phased in over 2 months. change to 60 day water cut off. City of Reedley Utility Billing 845 G Street Reedley CA 93654 Current Accounts Each month a utility bill will be sent to the postal address or Payments are due eachi month on orb before the 14"d day of the month. e-billing Ifthe e-mail 14"h week oft the month may not ber reflected ont the next printed bill. Delinquent Accounts - Notices address on file for each customer's utility account. day that the City of Reedley is closed, the due date shall be the next normal day of the month falls on a weekend, holiday or other business day. Payments that are received during the last notice Courtesy tot the Notice (15! Disconnect Notice). - Customers with an outstanding account balance postal address ont file for the account. This notice will date, a $25 late fee will be added tot the account balance. Accounts Final Disconnection Notice (Door Hanger)- The City willr make Ift the utility account is closed and terminated as a result of WILL BE NOI EXTENSIONS ANDI NOE EXCEPTIONS. The City of Reedley makes every effort to mail and deliver monthly in a 60-day status will be mailed a made by 4:00 pm on the 15" of each month (if the 15" day of the provide month the customer with the minimum payment due and it courtesy must. be Reedley is closed, the deadline shall be 4:00 pm on the next normal business falls on a weekend, holiday, or other day that the entire account balance must be paid by a time and date established are then considered to be in ap pending shut-off status ard by THERE WILLI BEI NOEXTENSIONS. ANDI NO EXCEPTIONS. by the City in order to avoid disconnection and termination the of shut-off status. This notice will be left at the front door of the service every effort to delivera a 24-hour notice to accounts that are ina ap date established by the City. Failure to do sO will resulti in an additional address. The entire account balance must be paid by a time pending and balance and water service will be immediately turned off. Payment $100L Late/SericeDiscomecdt Fee being added tot the account responsible for lost bills/notices or bills/notices not delivered duei to; bills and courtesy notices. However the City of Reedley is not account holder. The account holder is also responsible for postal issues. Prompt address updates are ther responsibility of bill/notice has been received or not. Time sensitive payments insuring should be that payment is made by the due date regardless of whether the a due services. City of day). Ift the total minimum payment is not made the of the account balance int full will be required to reinstate services. non-payment, a deposit may be required to re-establish services. THERE madei inj person inside our office prior to any deadline. Returned Payment Policy Any payment (check, e-check, etc.) returned back tot the of asking for reinstatement of check writing privileges. Any payment (check, e-check, etc.) that is returned for any reason that was pending shut-off status will result in services for the account being added to the account balance. Ifa second returned City payment Reedley item for any reason will result in a Returned Payment Fee of $35 only payment status for a minimum of one year. After one the customer occurs, the account will be placed in a cash. or money order and a $100 ate/ServiceDiscomnect Fee being added to the account being immediately disconnected, a $35 Returned Payment Fee, a Payment of the account balance int full willl ber required to reinstate services. balance. There will be no advance notice for this action. year, may submit a request in writing toi the Finance Director made on an account in a 60-day status or For recorded payment instructions, call (559) 637-4200 extension 555. For customer service, call (559) 637-4200 extension 218. 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Councilmembers present: Councilmembers absent: Commissioners present: Commissioners absent: City staff present: Cardenas, Hammer, Kazarian, Parra, Rodriquez None Fernandez, Kandarian, Mukai Mellon, Mejia City Manager Davis, Public Works Supervisor/Fire Chief Lopez, City Attorney Wolfe, Police Chief Alcaraz, City Planner Marple, Deputy City Clerk Burrola, Planning Secretary Zavala GENERAL PLAN UPDATE WORKSHOP City Planner Marple introduced Sara Allinder, Senior Planner from Provost and Prichard. Ms. Marple and Ms. Allinder provided a PowerPoint presentation on the General Plan Update. The workshop is to provide information to the Council and Commission of the purpose and objectives, and roles of the Planning Commission and City Council. Ms. Allinder explained the basics of what it does for the City and why it's important. There is no requirement for how often the general plan needs to be updated, with one exception, the housing element is required to be updated on a regular cycle, updates are required periodically based on new requirements being added through legislative amendments. The City of Fowler currently updated the housing element in 2016 as part oft the Fresno County Mult-jurisdictional housing element. These updates generally have triggers for when compliance is required. It is required that every jurisdiction in California has a general plan. The General Plan is a comprehensive, long-term plan for the physical development of the county or city. Long-term is left to the discretion of the jurisdiction although the long term time frame is about 20 years. There are eight required elements but they can be addressed in any format of your choice and State Law also gives you the ability to add new topics. The required elements are: land use, circulation, housing, conservation, open space, noise, safety, and air quality, there has been a new element that has been added in the last couple of years and that is the environmental justice component. The primary purpose is to initiate the first comprehensive update since 1976 to reflect current community values and vision and compliance with State regulations, there was an update in 2004 which was only for the land use circulation and economic development. The primary purpose for the workshop is to initiate the first comprehensive updates since 1976 in order to reflect the community values. The objective is to look forward to 2040 and there are a lot of new state laws that are in affect and those will drive some oft the objectives SO that the City is in compliance. The role of the City Council and Planning Commission is to represent the community during the progress; identify and prioritize issues to be addressed; act as a sounding board for ideas and policy development; provide input and direction at key milestones in the process and recommend or take action on the updated General Plan and to engage them as well as members oft the public to have joint study sessions. Ms. Marple explained the five phases of the project schedule and milestones and it will be extended, for budgetary reasons, over four calendar years. Typically general plans take generally two to three years. The five phases will be scheduled once completed in November of2022 and will be presented for adoption by the Planning Commission, and City Council for the final adoption ofthe General Plan and associated Environmental Impact Review (EIR). In order to keep the public informed of future meetings and the status of the project, information is available online at the City's website or they can contact the Planning Secretary to be placed on a notification list if they have any questions. Mailers will also be sent in the water bill of notifications for citizen involvement in the General Plan update process. ADJOURNMENT Councilmember Kazarian made ai motion to adjourn, seconded by Councilmember Rodriquez. The motion carried and the meeting was adjourned at 6:49.m. MINUTES OF THE FOWLER CITY COUNCIL MEETING JANUARY 15, 2019 Mayor Cardenas called the meeting to order at 7:00 p. m. Roll call was taken. Councilmembers Present: Cardenas, Hammer, Kazarian, Parra, Rodriquez Councilmember Parra left at 7:10 p.m. City StaffPresent: City Manager/City Clerk Davis, Public Works Supervisor/Fire Chief Lopez, City Attorney Wolfe, Finance Director Uyeda, Police Chief Alcaraz, City Planner Marple, Planning Commissioner Fernandez, Deputy City Clerk Burrola The Flag Salute and Pledge of Allegiance were followed by a moment of silence and reflection. PUBLIC PRESENTATIONS Andy Gonzales, local business owner, expressed this concern on hiring more police officers and suggested Council go on ride-alongs with the officers. There have been many officers killed ini the Jason Webb and Gabriel Sepeda, business partners of] Fat Gabe's Mobile Kitchen, stated that they operate a mobile food vending trailer that serves. BBQ foods. Several months ago, they looked into leasing property from Nick and Art Ramirez at 226 S.8th Street to place their mobile trailer there as a permanent food vending operation. They discussed with the City's Planning Department about being allowed to operate under the City's mobile food vending ordinance regulations, and' were given verbal confirmation that they could have aj permanent food vending operation under those regulations. They signed a five year lease with the property owner. Thereafter, they received information from stafft that their proposed business plans would conflict with certain regulations of the mobile food vendor ordinance. Mr. Webb expressed that ift they had that clarification from the beginning, they wouldn'thave proceeded with the project. They asked for assistance sO they could Art Ramirez, property owner, expressed concerns regarding the situation with the mobile food vendor applicants he leased the property to. He stated that the City would benefit from the business. He also spoke ofhis dissatisfaction with the progress on a construction project he submitted to the City and the length oft time it has been taking for the related setback variance, plan The consensus of the Council was to bring the mobile vending trailer matter back to the next line ofduty. proceed with their business proposal. reviews and permits. agenda for discussion PRESENTATIONS: COLOR RUN-I FOWLER HIGH SCHOOL PUNJABI CLUB - ANIKA ARYA This item will be rescheduled for another meeting. HEART OF THE. HORSE THERAPY RANCH-LEASTEELE Lea Steele, gth grade teacher at John Sutter Middle school, and four of! her civic program students, spoke on their goals in helping veterans and military families in the community. The students will be sponsoring a benefit concert for Heart of the Horse Therapy Ranch, Thursday, February 7,2019 at 6:30 p.m. at the Fowler Improvement Association Hall. Heart of the Horse Therapy Ranch is committed to providing therapeutic riding as an efficacious treatment modality for those who suffer from physical, mental or emotional disorders by developing community awareness ofequine assisted/: facilitated therapy. COMMENDATIONS: Chief Alcaraz gave commendations to three Fowler officers; Sgt. Joseph Miranda, Officer Michael Allison and Officer Fong Yang. Each officer was presented with a Letter of Commendation and a challenge coin for their commitment to excellence above and beyond duty. COMMUNICATIONS City Manager Davis mentioned the Blossom Trail opening ceremony will be held on Friday, League of California Cities, South San Joaquin Valley Division will be having a general membership meeting on Thursday, February 7,2019 at 5:30 p.m. in the City ofN Madera. She mentioned that next Tuesday, January 22, 2019 at 10:00 a.m. will be the groundbreaking February 8, 2019 at 10:00 a.m. at the Selma Arts Center. ceremony for the new fire station project. STAFF REPORT CITY MANAGER'S REPORT City Manager Davis mentioned the City has been working on several subdivision projects. Randy Hill submitted his application; the map is being reviewed by City staff. She mentioned the burnt house located at 5th and Vine Street has been demolished. Ms. Davis said the bi-annual ethics training will need to be scheduled soon, possibly in February. PUBLIC WORKS REPORT Public Works Supervisor Lopez said they have been doing major pot hole patching along the southbound lane of Golden State Boulevard between Adams and Manning Avenues. He also mentioned they have been doing trash clean up along Golden State Boulevard near the railroad tracks and oleander bushes. The neon sign on Merced and Golden State Boulevard has been repaired. FINANCE DIRECTOR'S REPORT No report was given. POLICE DEPARTMENT REPORT Police Chief Alcaraz said the Fresno County Sheriff's Department has transitioned over to a new records management program, Mark 43, it will require all department personnel to attend 20 hours He said the Police Department is accepting applications for a full time peace officer; the He also mentioned they began week one of a four week Explorer Program.; they currently have oftraining. application deadline to submit is February 1,2019. five explorers who have joined the program. FIRE DEPARTMENT REPORT Fire ChiefLopez circulated Fire Department activity report for 2018. CITY ATTORNEY'S REPORT No Report was given. CONSENT CALENDAR The consent calendar consisted of: A) Ratification of Warrants - January 15, 2019; B) Approve Minutes of the Fowler City Council Meeting December 11, 2018; C) Approve Mayoral Proclamation "A National Day of Racial Healing"; D) Approve Public Health Advocates and Kounkuey Design Initiative Agreement for Technical Assistance Services with City of Fowler - Public Health Advocates / Kounkuey Design Initiative; E) Adoption of Resolution No. 2418, - A Resolution of the City Council of the City of Fowler Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transaction and Use Tax"; F) Adoption of Resolution No. 2419, "A Resolution Authorizing the Examination of Transactions (Sales) and Use Tax Records"; G) Adopt of Resolution No. 2420, 4 A Resolution of the City Council of the City of Fowler Approving Mayor Pro-Tem Hammer made a motion to approve the Consent Calendar, seconded by Councilmember Kazarian. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Development and Planning Fees for 2019." Rodriquez. Noes: None. Abstain/Absent: Parra. COMMITTEE ASSIGNMENTS Mayor Cardenas confirmed Council assignments to various committee and boards: Fresno County Council ofGovernments (COG).. Highway 99 Beautification Committee.. S.K.F. Sanitation District.. Consolidated Mosquito Abatement District.. Five Cities Economic Development Authority.. Southeast Regional Solid Waste Commission. Fowler Recreation Commission.. Friends oft the Fowler Library.. San Joaquin Valley Air Pollution Control District Special City Selection Committee.. Finance Committee. David Cardenas - alternate: Dan Parra Mark Rodriquez - alternate: Leonard Hammer David Cardenas - alternate: Dan Parra Karnig Kazarian - alternate: Mark Rodriquez Mark Rodriquez alternate: Dan Parra David Cardenas Leonard Hammer .Mark Rodriquez Leonard Hammer- alternate: Karnig Kazarian Dan Parra and Karnig Kazarian Mayor Pro-Tem Hammer made a motion to approve the Committee Assignments to remain as stated, seconded by Councilmember Rodriquez. The motion carried by voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Abstain/Absent: Parra. REAPPOINTMENT OF PLANNING COMMISSIONERS Mayor Cardenas recommended reappointment of Henry Fernandez and Juan Mejia to another term on the Planning Commission, as their terms expire December 31, 2018. Councilmember Rodriquez made a motion, seconded by Mayor Pro-Tem Hammer, to re-appoint Henry Fernandez and Juan Mejia to a new term on the Planning Commission. The motion carried by unanimous voice vote: Ayes: Cardenas, Hammer, Kazarian, Rodriquez. Noes: None. Absent/Abstain: Parra. COMMITTEE REPORTS Mayor Cardenas attended an S.K.F. Sanitation District meeting. A special presentation was, given Mayor Pro-Tem Hammer mentioned he attended the Fowler Unified School luncheon. by Lystek Fairfield Organic Material. Councimember Kazarian attended a Five Cities Economic Authority meeting last week. They received some extra monies from Fresno County for economic development plans. He also Councilmember Rodriquez also attended the Fowler Unified School District luncheon and the attended the grand opening oft the new Taco Bell. grand opening for the new Taco Bell. ADJOURNMENT Having no further business, Mayor Pro-Tem Hammer made a motion, seconded by Councimember Rodriquez to adjourn. The motion carried and the meeting adjourned at 8:12 p.m. ITEM 9C 1908 TO: FROM: SUBJECT: DATE: City of Fowler City Council Jeffrey O'Neal, AICP, Contract City Planner Trevor W. Stearns, Assistant Contract City Planner Consideration of the Planning Commission's determination regarding Variance No. 18-01, requesting a reduction to the required front yard setback at 418 and 422S. 8th Street (APNs343- 400-04 &05) February 5,2019 RECOMMENDATION Staff recommends that the City Council approves Variance Application No. 18-01. The decision of the Council isf final. II. BACKGROUND The Project site contains two parcels each of approximately 0.34 acre in size; iti is located at 418 and 422S. 8th Street (APNs 343-400-04 & 05) between W. Fresno Street and W. Peach Street. On August 23, 2018 the Planning Director approved Site Plan Review. Application No. 18-05, authorizing the construction of one 5,000- square foot commercial building on each property. Condition of. Approval No. 2 ofSPR No. 18-05 states that the Project site is zoned C-3 and that all standards of the district (implicitly including setback requirements) shall apply. Condition No. 19 states that the minimum front yard shall be fifteen (15) feet, of which ten (10) feet shall bel landscaped. The site plan incorrectly notes that there is no. required front yard setback and proposes a landscaped front yard setback of 10 feet. The applicant applied for a variance from the provisions oft the zoning On November 1, 2018 the Planning Commission held a duly-noticed public hearing to consider the variance. Following the close oft the public hearing and the Commission's receipt of all relevant information, the Commission directed staff to return with a resolution ofa approval. No further public discussion or notification was required. The Planning Commission considered Resolution No. 635 at its January 3, 2019 meeting! and made the findings required pursuant to Municipal Code Section 9-3.07. Per the procedures detailed in Municipal Code Section 9-3.08 the resolution has been forwarded to the City Council for its consideration. The City Counci has 30 days after receipt to consider such resolution at aj public meeting, although no notice of the ordinance to allow the proposed 10-foot front setback. consideration is required. 'The Planning Commission's regular December: meeting was cancelled due to lack of quorum. Fowler City Council Variance No. 18-01 February5, 2019 1 III. PROJECT DESCRIPTION Planning Commission Resolution No. 635 granted Variance No. 18-01 reducing the front yard setback from 15 feet to 10 feet on the grounds that other developed properties in the vicinity have buildings constructed with a 10-foot front yard. Pursuant to Section 9-3.07 of the Fowler Municipal Code, the Planning Commission may Approved SPR No. 18-05 is attached as Figure 1. Figure 2 depicts the aerial photo of the site. Figure 3 is the zoning map and Figure 4i is the general plan map. The site is located in Fowler's C-3 (General Commercial) Zone District. The property to the west is zoned C-2 (Community Commercial). Property to the north is zoned C-3. grant variances to setbacks provided that atl least one ofs several findings can be made. To the east is S. Golden State Boulevard. To the south are abutting properties zoned C-3. IV. FINDINGS Fowler Municipal Code Section 9-3.07(a) requires that the Planning Commission and the City Council grant a 9-3.07(a)(4) That, balancing tbe interests of the public in efedting the purposes of the provisions of this chapter against the interests of the apphicant in using the prperly with the proposed building or improvement thereon, the granting of the variance is Theintent ofs setback requirements is to provide separation between uses or facilities in order to allow reasonable use of property without infringing upon others' use of their property and to provide separation between incompatible activities. Other properties along 8th Street in the vicinity of the project are also developed with a 10-foot front yard setback, so approval of Variance No. 18-01 will not unduly affect those properties. The closest properties to the front of the site are located across 8th Street, Golden State Boulevard, and the railroad corridor - a distance of more than 300 feet-and are industrial in nature. The reduced setback will not be noticeable from those properties. Altering the site plan to decrease either the designated storage area or the size or the structure would constitute a financial hardship and a time constraint. The applicant is requesting the variance in order to make his property consistent with the other properties and to avoid additional costs associated with redesign, and its granting will not undermine the intent of setback requirements. The granting of the variance will not constitute a grant of special privilege because it will be similar to neighboring properties. Fowler Municipal Code Section 9-3.07(b) then requires that the Planning Commission and City Council deny a 9-3.07(b)(1) That the applicant will not be. substantially damaged by locating the proposed building or other improvement at a Altering the site plan to decrease either the designated storage area or the size of the structure would be financially damaging to the applicant. Requiring the full 15-foot setback would increase construction costs associated with additional landscaping and concrete walkway and curbing in the amount of approximately $4,000. In addition, costs for revisions to the Site Plan would be approximately $1,000. Costs for maintenance are unknown but would also increase. These costs as a component of the overall project cost are: substantial. 9-3.07(b)(2) That, balancing the interests of the public in efecting the purposes of this chapter against the interests of the applicant in wsing his properly with the proposed building or mprovement thereon, the resuling disadvantages to the public pould be setback variance provided that at least one ofs several listed findings is made. required by consideration ofjiustie and equaliy. setback variance. if either or both of two findings is made. point on his prperly bebind the setback line; or unrasonably disproportionate 1o the advantages tot the qpphcant to be derived from SO using his properly. Fowler City Council Variance No. 18-01 February. 5, 2019 2 Thej public will not be unduly affected by the reduction of the required 15-foot setback to a 10-foot setback. The applicant's advantage from reducing the required setback is primarily for financial and scheduling reasons. The purpose of the setback line is to prohibit the placement of building and improvements with respect to streets, access easements, alleys and adjoining properties. The fronty yard setback being reduce will not have an effect the public due to the fact the nearest structure, in relation to the project's front yard, is approximately 300 feet away. The public will not see a positive or negative effect from either outcome of this project. Therefore, the applicant's advantage will not be unreasonably disproportionate to the disadvantages to the public. Since one finding can made pursuant to FMC: Section 9-3.07(a) requiring granting the variance and neither of the findings can be made pursuant to FMC Section 9-3.07(b) requiring denial, it is appropriate that the City Council adopt Resolution No. 2421, approving Variance No. 18-01 and granting the setback variance at 418 and 422 S. 8th Street. Attachments: Figure 1-Site Plan Figure 2-1 Aerial Figure 3-Zoning Figure 4- General Plan Land Use Designations Fowler City Council Variance No. 18-01 February 5, 2019 3 vo HTMOI joe.As 418 ZANIWVE LV OI WHINHD SSHNISOE CIVMOH gwV ONIGIAS BOLLO/dOHS. MIN ONILIISNOO dnouD 6elola celolso0o 6147 (Na) 33 aEs AN "BIP* 5 858 5 6 NN RESOLUTION NO. 2421 OF THE CITY OF FOWLER RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION APPROVING VARIANCE 18-01 AND APPROVING A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 WHEREAS, Site Plan Review Application (SPR) No. 18-05 was approved on August 23, 2018 to authorize the construction of two 5,000-square-foot buildings, two corresponding storage yards, and shared off-street parking facilitates at 418 and 422 S. 8th Street (APNS 343-400-04 & 05) (Site); and WHEREAS, the Site is zoned C-3 (General Commercial), which requires a minimum 15-foot front WHEREAS, the applicant submitted a variance application requesting to allow a 10-foot setback WHEREAS, the provisions of Fowler Zoning Ordinance section 9-3.06, et seq. provide for the WHEREAS, the proposal would not expand the scope of approved SPRI No. 18-05;and WHEREAS, the City has determined that the project is categorically exempt from requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15332, WHEREAS, a notice of public hearing was duly published informing the public that the Project would be considered by the Fowler Planning Commission at a regular meeting to be held on November 1, WHEREAS, at the duly-noticed public hearing on November 1, 2018 the Commission received and considered the reports from staff, heard and considered all comments made for and against the Project, and WHEREAS, following the close of said public hearing the Planning Commission directed staff to WHEREAS, at a regular meeting on January 3, 2019 the Planning Commission adopted Resolution WHEREAS, following the Planning Commissions granting of the variance, the entitlement shall be WHEREAS, pursuant to Fowier Zoning Ordinance section! 9-3.07(a), the City Council has made the yard setback ofwhich 10 feet shall bel landscaped; and rather than the required 15-foot front yard setback on September 26, 2018. review of variances to required setbacks; and Infill Development, and that no additional environmental analysis is required; and 2018 at 6:30p p.m.; and reviewed and considered all evidence submitted; and return with a resolution approving the variance; and No. 635, granting thes setback variance; and subject to the final approval of the City Council. following finding in the affirmative, the evidence for said findingsubstantiated within the record. 9-3.07(a)(1) That, balancing the interests of the public in effecting the purposes of the provisions of this chapter against the interests oft the applicant in using his property with the proposed building or improvement thereon, the granting of the variance is required by consideration ofj justice and equity. WHEREAS, pursuant to Fowler Zoning Ordinance section 9-3.07(b), the City Council did not 9-3.07(b)(1) That the applicant will not bes substantially damaged by locating the proposed building 9-3.07(b)(2) That, balancing thei interests oft the public in effecting the purposes of this chapter make the following findings in the affirmative, with rationale substantiated in the record: or other improvement at a point on his property behind thes setback line; or against thei interests of the applicant in using his property with the proposed building or improvement thereon, the resulting disadvantages to the public would be unreasonably disproportionate to the advantages to the applicant to be derived from sO usingl his property. NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL RESOLVES. AS FOLLOWS: 1. Finds that the Project is categorically exempt from requirements oft the California Environmental Quality. Act (CEQA) in accordance with CEQA Guidelines Section 15332, In-Fill Development 2. Finds that balancing thei interests of the public in effecting the purposes of the provisions of this chapter against thei interests of the applicant in using his property with the proposed building or improvement thereon, the granting of the variance is required by consideration ofj justice and 3. Does not find that the applicant will not be substantially damaged by locating the proposed building or other improvement at a point on his property behind the setback line; or 4. Does not find that balancing the interests oft the public in effecting the purposes of this chapter against thei interests of the applicant in usingl his property with the proposed building or improvement thereon, the resulting disadvantages to the public would be unreasonably disproportionate to the advantages to the applicant to be derived from so using his property. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Fowler approves the variance to the front yard setback at APNs 343-052-34 and 35, reducing said required front yard setback Projects, and that no additional environmental analysis is required. equity. from a minimum of 15 feet to 10 feet. Ihereby certify the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted by the City Council oft the City of Fowler at a meeting held on the 5th day ofl February 2019, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: Mayor Attest: City Clerk 1908 CITY OF FOWLER CATEGORICAL, EXEMPTION VARIANCE NO. 18-01 THE: PROJECT: DESCRIBED HEREIN IS DETERMINEDTO BE CATEGORICALLY EXEMPT FROMTHE PREPARATION OFI ENVIRONMENTAL DOCUMENTS PURSUANTTO. ARTICLE 19OFTHE STATECEQA GUIDELINES APPLICANT: Nicholas Ramirez PROECTLOCATION: PROJECT DESCRIPTION: 418 and 422 S. 8th Street, Fowler (APNs: 343-400-04 & 05) The project proposes to construct two ,000-square-foot commercial buildings and a parking lot consisting of18 parking stalls. Variance No. 18- 01 proposes to reduce the required Front Yard setback from 15 feet to 10 feet. The Project site is planned for General Commercial by the City of Fowler General Plan and is zoned C-3 (General Commercial). This project is exempt under Section 15332 -Infilll Development Projects EXPLANATION: conditions described in this section. A Section 15332/Class 32 Categorical Exemption consists of projects characterized as in-fill development meeting the (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as (b) The proposed development occurs within city limits on a project site of no more than five acres substantially () Approval oft the project would not result in any significant effects relating to traffic, noise, air quality, or water well as with applicable zoning designation and regulations. surrounded by urban uses. ()The project site has no value as habitat for endangered, rare or threatened species. ()Thes site can be adequately served by all required utilities and public services. quality. Date: February 5, 2019 Submitted By: Brtw) w. slus Trevor W. Stearns, Assistant Contract City Planner (559) 834-3113, ext. 122 ITEM 9D STAFF REPORT TO: FROM: MAYOR & CITY COUNCIL DAVID PETERS, CITY ENGINEER APN's 345-180-05, 345-180-22 & 345-180-26 SUBJECT: ACCEPTANCE OF SEWER EASEMENT DATE: JANUARY31,2019 REQUESTED ACTION /RECOMMENDATION Adopt Resolution No. 19-2422 accepting on behalf oft the City ofl Fowler an easement within APN's 345-180-05, 345-180-22 & 345-180-26 for the purpose ofinstalling and maintaining a sewer line through said properties. DISCUSSION A new development at the northeast corner of Manning Avenue / Golden State Boulevard (Maxco) requires a new sewer line be installed along the frontages of properties identified as APN's 345-180-05, 345-180-22 & 345-180-26. This sewer line will be used to service the new development as well as collect sewer flows from properties adjacent to and surrounding In order to be able to access and maintain this facility an easement must be placed along the sewer line. The property owners are offering to grant the easement at no cost to the City of Staff recommends that the City Council adopt a resolution accepting the easement on behalf oft the City and authorizing the Mayor to sign the grant deed on behalf of the City. the subject sewer main. Fowler. Attachments: Plats and descriptions for sewer easements RESOLUTION NO. 2019-2422 AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER ACCEPTING A SEWER EASEMENT WITHIN APN's 345-180-05, 345-180-22 & 345-180-26 WHEREAS, the City of Fowler installs and maintains a sewer collection system for use WHEREAS, the installation of a sewer line is necessary through property adjacent to Manning Avenue through APN's 345-180-05,345-18022 & 345-180-26 to collect sewer flows from properties adjacent to and surrounding the subject sewer main; and WHEREAS, the property owner's of APN's345-180-05, 345-180-22 & 345-180-26are inj providing sewer service to parcels within the City; and offering to grant the easement to the City ofl Fowler. NOW,THEREFORE, BE IT RESOLVED: That the City Council hereby accepts the easement on behalfo oft the City of Fowler and authorizes the City Engineer to record the easement on behalfofthe City. ****** I,Jeannie Davis, City Clerk ofthe City of Fowler, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting oft the Fowler City Council held on the 5th day ofFebruary, 2019, by the following vote: Ayes: Noes: Absent: Abstain: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Jeannie Davis, City Clerk City of] Fowler EXHIBIT "A" LEGAL DESCRIPTION OVER APN345-180-05 20 FOOT WIDE PUBLIC SEWER EASEMENT ALL THAT CERTAIN TWENTY (20) FOOT WIDE. EASEMENT! FOR THE CONSTRUCTION, INSTALLATION, OPERATION. AND: MAINTENANCE OF A SEWER PIPELINE. FORI PUBLIC SEWER PURPOSES OVER, UNDER AND. ACROSS Al PORTION THE SOUTHWEST QUARTER OF SECTION2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MOUNT! DIABLOI BASE & MERIDIAN, SITUATED IN' THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORNIA, THE CENTERLINE OF THE HEREIN DESCRIBED BASEMENT ISI DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 14 AS SAIDI PARCELIS SHOWN ON PARCEL MAPI No. 91-1 FILED FORI RECORD! INI BOOK 52 OF PARCEL MAPS, PAGE 44, FRESNO COUNTY RECORDS; THENCE. ALONG THE WEST LINE OF SAIDI PARCEL 1,1 NORTH 00°24'23" EAST 25.60 FEET TOTHE' TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTI LINE, NORTH 89935'37" WEST312.05 FEETTO. AN ANGLE: POINT; THENCE SOUTH 48°59'20" WEST 43.43 FEETTOTHE NORTHEASTERLY RIGHT-OF-WAY LINE OFT THE UNION PACIFIC RAILROAD. AND' THEJ POINT OF TERMINATION OF SAID EASEMENT. CONTAINING 7,110 SQUARE FEET, MORE OFI LESS. THE BASIS OF BEARINGS IS THE CALIFORNIA COORDINATE SYSTEM 83, ZONE 4. LAND 0 WALTERJOHN SHOUP, PLS 7736 DATED: 12/12/2018 - OF CALIF END OF DESCRIPTION EXHIBIT B LAID 5 WALTER JOHN SHOUP) z/ny A SCALE: 1"=100' LEGEND: P.O.C. P.O.T. T.P.O.B. F.C.R. -PM- APN S.F. BASIS OF BEARINGS: OF CAlFUF POINT OF COMMENCEMENT POINT OF TERMINATION TRUE POINT OF BEGINNING FRESNO COUNTY RECORDS PARCEL MAP, BOOK-PAGE, F.C.R. ASSESSOR'S PARCEL NUMBER SQUARE FEET THE CALIFORNIA COORDINATE SYSTEM 83, ZONE 4 pH 2 S48°59'20"W 43.43' 20' SEWER EASEMENT (7,110 S.F.) N89935'37"W 44H 777/71777 - 312.05' 1/ T.P.O.B. a NO0°24'23"E 25.60' P.0.C. (S.W. COR. PARCEL 1,P.M. No. 91-1) 30 EASEMENT PER DOC. RECORDED 4/18/1949, INST. #19009, F.C.R. SEC. LINE - R/W- EAST MANNING AVE. R/W Scale: 1"=100' SHOUP LAND SURVEYING Date: 12/12/2018 Job No.: 18-039 20' PUBLIC SEWER EASEMENT OVER APN 345-180-05 DWG: 18-039-1 EXHIBIT "A" LEGAL DESCRIPTION OVER. APN: 345-180-22 20 FOOT WIDE: PUBLIC SEWER EASEMENT ALLTHAT CERTAIN' TWENTY (20) FOOT WIDE EASEMENT: FOR THE CONSTRUCTION, INSTALLATION, OPERATION ANDI MAINTENANCE OF A SEWER PIPELINE FOR PUBLIC SEWER PURPOSES OVER, UNDER. AND. ACROSS A PORTION THE SOUTHWEST QUARTER OF SECTION: 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MOUNT! DIABLO! BASE & MERIDIAN, SITUATED IN' THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORNIA, THE CENTERLINE OF THE! HEREIN DESCRIBED EASEMENT IS DESCRIBED AS FOLLOWS: COMMENCING. ATTHE SOUTHWEST CORNER OF SAID PARCEL IAS SAID PARCEL. IS SHOWN ON PARCEL: MAPNo. 91-1 FILED FOR RECORD IN) BOOK 52 OF PARCEL MAPS, PAGE 44, FRESNO COUNTY. RECORDS; THENCE. ALONG THE WESTI LINE OF SAID PARCEL 1,NORTH 00°24'23" EAST 25.60 FEET TOTHE TRUEI POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE, SOUTH 89°35'37" EAST: 396.50 FEET TOTHEI EASTLINE OF SAID PARCEL 14 AND THE POINT OF TERMINATION OF SAID EASEMENT. CONTAINING 7,930 SQUARE FEET, MORE OF LESS. THE! BASIS OF BEARINGS IS THE CALIFORNIA COORDINATE SYSTEM 83, ZONE 4. Nhthk WALTER. JOHN SHOUP,PLS7736 DATED: 12/12/2018 LAND JOHN 5 OF CALIFDS END OF DESCRIPTION EXHIBIT B AL LAND 85 WALTER JOHN SHOUP No. 7736, OF CALIFDS SCALE: 1"-100' LEGEND: P.O.C. P.O.T. T.P.O.B. F.C.R. -PM- APN S.F. BASIS OF BEARINGS: POINT OF COMMENCEMENT POINT OF TERMINATION TRUE POINT OF BEGINNING FRESNO COUNTY RECORDS PARCEL MAP, BOOK-PAGE, F.C.R. ASSESSOR'S PARCEL NUMBER SQUARE FEET THE CALIFORNIA COORDINATE SYSTEM 83, ZONE 4 A pH AR 5 N 80' ACCESS EASEMENT LINE PER DOC. 2014-0062163 OVER APN 345-180-22 TO BENEFIT APN 345-180-05 20'SEWER EASEMENT (7,930 S.F.) S89°35'37"E R/W- SEC. LINE R/W 396.50' T.P.O.B. NO0°24'23"E 25.60' P.0.C. (S.W. COR. PARCEL 1, P.M. No. 91-1) EAST MANNING AVE. Scale: 1"=100' SHOUP LAND SURVEYING Date: 12/12/2018 Job No.: 18-039 20' PUBLIC SEWER EASEMENT OVER APN 345-180-22 DWG: 18039EX-2 EXHIBIT "A" LEGAL DESCRIPTION OVER APN: 345-180-26 20 FOOT WIDE PUBLIC SEWER: EASEMENT ALLTHAT CERTAIN TWENTY (20)) FOOT WIDE: EASEMENT: DESIGNATED AS STRIP 1A AND FORTY (40) FOOT WIDE EASEMENT DESIGNATED. AS STRIP2 21 FOR THE CONSTRUCTION, INSTALLATION, OPERATION. AND! MAINTENANCE OF A SEWER PIPELINE FORI PUBLIC SEWER PURPOSES OVER, UNDER AND. ACROSS. Al PORTION THE SOUTHWEST QUARTER OF SECTION: 2, TOWNSHIP 15 SOUTH, RANGE 21 EAST, MOUNT DIABLO! BASE & MERIDIAN, SITUATED IN' THE CITY OF FOWLER, COUNTY OF FRESNO, STATE OF CALIFORNIA, THE CENTERLINE OF STRIP 1 AND THE WESTLINE OF STRIP: 2 OF THE HEREINI DESCRIBED EASEMENT IS DESCRIBED. AS FOLLOWS: STRIP 1: COMMENCING ATTHE SOUTHWEST CORNER OF SAID PARCELI 1 AS SAID PARCELIS SHOWN ONI PARCEL MAP: No. 91-1 FILED FOR RECORD IN BOOK 52 OF PARCEL: MAPS, PAGE 44, FRESNOG COUNTY RECORDS; THENCE ALONG THE WESTLINE OF SAIDI PARCEL 1,1 NORTH002423" EAST'25.60 FEET;THENCE: LEAVING SAID WESTLINE, SOUTH 89°35'37"1 EAST396.50 FEETTOTHE EASTLINE OF SAID: PARCEL1, ALSOBEINGTHETRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°35'37" EAST 100.001 FEETTOTHE EAST LINE OF PARCEL1 2. AS SAIDI PARCEL IS ALSO SHOWN ON SAIDI PARCEL MAP, AND THE: POINT OF TERMINATION OF SAID EASEMENT. STRIP2: COMMENCING AT THE TRUE POINT OF BEGINNING OF STRIP 14 ASI DESCRIBED ABOVE; THIENCE ALONGTHE! EASTLINE OF SAIDPARCELI SOUTH 00°24'23" WEST1 10.00 FEET TO THE TRUEI POINT OF BEGINNING, THENCE CONTINUE SOUTH 00°24'23" WEST ALONG SAID EASTI LINE 15.501 FEET TOTHE SOUTHEAST CORNER OF SAID PARCELI 1. THE. BASIS OF BEARINGS. IS THE CALIFORNIA COORDINATE: SYSTEM 83, ZONE 4. CONTAINING 2,623 SQUARE FEET, MORE OFI LESS. LAND S4 JOHN N0.7736 - 3 CRS Nbhy WALTERJOHN! SHOUP, PLS'7736 DATED: 12/12/2018 END OF DESCRIPTION EXHIBIT B ONAL LAND 85 WALTER JOHN SHOUP No. 7736 1a OF CAlFI SCALE: 1"-100' LEGEND: P.O.C. P.O.T. T.P.O.B. F.C.R. -PM- APN S.F. BASIS OF BEARINGS: POINT OF COMMENCEMENT POINT OF TERMINATION TRUE POINT OF BEGINNING FRESNO COUNTY RECORDS PARCEL MAP, BOOK-PAGE, F.C.R. ASSESSOR'S PARCEL NUMBER SQUARE FEET THE CALIFORNIA COORDINATE SYSTEM 83, ZONE 4 P pA p 7 80' ACCESS EASEMENT LINE PER DOC. 2014-0062163 OVER APN 345-180-22 TO BENEFIT. APN 345-180-05 1$89935/37"Ela 100.004 20' - SEWER EASEMENT 45 15.5" (2,623 S.F.) S89°35'37"E R/W- SEC. LINE R/W 396.50' T.P.O.B. STRIP 1- T.P.O.B. STRIP 2 P.O.T. STRIP 2 P.0.C. (S.W. COR. PARCEL 1, P.M. No. 91-1) EAST MANNING AVE. Scale: 1"=100' SHOUP LAND SURVEYING Date: 12/12/2018 Job No.: 18-039 20' PUBLIC SEWER EASEMENT OVER APN 345-180-26 DWG: 18039EX-3