FOWLER CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 21, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 SOUTH 5TH STREET FOWLER, CA 93625  In compliance with the Americans with Disabilities Act, if you need assistance or accommodations to access the City Council Chambers or participate in this meeting, please contact the Clerk at (559) 834-3113 x102. Notification at least 48 hours prior to the meeting will City Council meetings are open to the public at the physical address listed above. There are numerous ways to participate in the City Council meetings: you may attend in person, you may appear by telephone as described below, or you may submit written comments via email to avasquez@d.owercaus: Please include your name and reference the agenda item you are commenting on, if any. Written comments received that do not specify an agenda item will be marked for the general public comment portion of the agenda. Emails received by 8:00 am on the date of the meeting will be provided to the City Council at the meeting and made part of the This meeting will be conducted pursuant to the provisions of the Governor's Executive Order N-25-20 which suspends certain requirements of the Ralph M. Brown Act. The telephone number listed below will provide access to the meeting via teleconference. Please note: when joining the teleconference you will be asked your name which will be  enable the City to make reasonable arrangements to ensure accessibility.  record of proceedings but will not be read aloud.  used to identify you during any public comment period.  Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference have their phone set on "mute" to eliminate background noise or other interference from 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 Resolutions and Ordinances - 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 Councimember that the resolution or  telephonic participation.  documents may be posted on the City'sw website at www.fowlercity.org.  Page 1 of4    ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived  by unanimous consent oft the Council. Meeting Called to Order Roll Call  1. 2. 3. 4. 5.  Invocation by Pastor Raul Moreno of Fowler Baptist Church  Pledge of Allegiance Ceremonial Presentation  5-A Send-off Erin Banks as he competes for the Mr. Olympia title  6.  Public Comment  This portion of the meeting is 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.  7.  Consent Calendar  Items on the Consent Calendar are considered routine and include a recommended action, and shall be approved by one motion of the Council. If a Councilmember or member of the public requests additional information or wishes 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 opposes the recommended action for an item, the item should be removed and discussed and acted upon as a separate item. A motion tos approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered  Consent items.  7-A. RATIFY Warrants for September 21, 2021  7-B. APPROVE Minutes of the September 7, 2021 City Council Special Meeting 7-C. APPROVE Minutes of the September 7, 2021 City Council Meeting  7-D. APPROVE the purchase of an audio-visual system upgrade for City Council Chambers and authorize the City Manager to execute a contract with NTM 7-E. Consider APPROVAL of an agreement with the Fresno County Rural Transit Agency to provide limited uniformed patrol services for the time period of July 1, 2021 - June 30, 2022 and authorize the City Manager to execute the agreement.  Productions not to exceed $50,000. (Clerk)  (Police)  7-F. APPROVE disposal of the identified surplus vehicles. (Public Works)  Page 2 of4    8.  General Administration 8-A. Planning  i. APPROVE Resolution No. 2514 Authorizing Submittal of a Grant Application for the Small Community Drought Program Funds. ii. Public Hearing to Consider Items Pertaining to Zoning (Prezoning) Ordinance Amendment No. 19-03, and Annexation Request No. 19-03, filed by Fowler Unified School District for property located on the west side of South Armstrong Avenue between East Adams and East Clayton 1. Consider APPROVAL of Resolution No. 2515, a Resolution adopting an Addendum to the Mitigated Negative Declaration for Zoning (Prezoning) Ordinance Amendment No. 19-03 and Annexation Request No. 19-03. 2. Consider APPROVAL of Resolution No. 2516, a Resolution approving Annexation Request No. 19-03. 3. Consider Introduction of Ordinance No. 2021-04, an Ordinance approving Zoning Ordinance Amendment No. 19-03.  Avenues.  8-B. Recreation  i. 2021 Special Events Update (Informational)  8-C. City Manager's Office  i. COVID-19 Update Staff Communications (City Manager) 10. Councilmember Reports and Comments  9.  11. Closed Session  11-A. Government Code Section 54957.6 Conference with Labor Negotiator Agency Representative: City Manager Unrepresented Employee: Building Official 11-B. Government Code Section 54956.9(d)1)  Conference with Legal Counsel - Existing Litigation  City of Fowler V. Jill Johnson, et al.; Fresno County Superior Court Case No. CECG 21CECG00546 - (Property Receivership Case for 429 E. La Crosse  Avenue)  11-C. Government Code Section 54957 - Public Employee Performance Evaluation  Title: City Manager  12. Reconvene into Open Session  Page 3 of4    13. Adjourn  Next Ordinance No. 2021-05 Next Resolution No. 2518  CERTIFICATION: I, Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, September 17, 2021.  Oagp Nasyes  Angela Vasquez Deputy City Clerk  Page 4 of4    ITEM  7A  6A  8 8  -    88888 m8 8888 * 8:89 C5 4 9 8888 fo Rass  888888888 8 888 8 8 888 888 8 88888 8 d8 888 8 8888 000000000 o 000 o o 000 000 o 00000 o o 000 o 0000  Nm DS  88m 6080    VNS  88888888 388888888888 8888888888 8 8 00000000 000090000000 0000000000 o o    38888888888 888888888        ITEM  7B  MINUTES OF THE FOWLER CITY COUNCIL SPECIAL MEETING TUESDAY SEPTEMBER7,2021  Mayor Cardenas called the meeting to order at 6:32 p.m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, Parra (via phone)  City Staff Present:  City Manager Quan, City Attorney Carlson, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, Fire Chief Lopez, City Planner Marple, Finance Director Moreno, Deputy City Clerk Vasquez  3. CEREMONIAL PRESENTATION  3-A. Dr.S Satl.JiménezSandoval Proclamation President of California State Universily, Fresno.  Members of the Council recognized Dr. Sail iménez-Sandova on his appointment as  4. ADJOURNMENT  Having no further business, the meeting adjourned at 6:49 p.m.    ITEM  7C  MINUTES OF THE FOWLER CITY COUNCIL MEETING  Tuesday September 7,2021  Mayor Cardenas called the meeting to order at 7:02 p. m.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra  City Staff Present:  City Manager Quan, City Attorney Carlson, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, Assistant Fire ChiefHernandez, Fire ChiefL Lopez, City Planner Marple, Finance Director Moreno, City Engineer Peters, Deputy City Clerk Vasquez  5.  PUBLIC COMMENT  Fowler residents Henry Flores, Patric Jones, and Brandon Herreman ofCongressman Valadao 's office and Christina Fierro ofPartners Personnel addressed. the Council.  6.  CONSENT CALENDAR  Councilmember Kazarian made a motion to approve the consent calendar, seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes: Kazarian,  Rodriquez, Cardenas, Mejia, Parra. GENERAL ADMINISTRATION 7-A. CITY ATTORNEY  7.  . APPROVE Council Rules and Procedures regarding masks at City City Attorney Carlson provided an overview ofthe California Department of Public Health (CDPH) face mask guidelines. He stated masks are required for unvaccinated people and fully vaccinated people are not required to wear a mask in state and local government offices that serve the public which includes council meetings that are open to the public. City Attorney Carlson reported the options available for Council determination are face masks be required across the board or require only unvaccinated people to wear a mask. He stated ifthe latter was selected, Council would need to decide whether proof of vaccination or self-attestation would be Fowler residents Britta Hammer and Steve Barela addressed. the Council. After discussion, it was the consensus of the Council to require unyaccinatedpeople to wear a mask including. selfattestation.  Council meetings.  required.    Councilmember Parra made a motion that unvaccinated individuals are required to wear a face mask and the City would have a self- certification honor system approach, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Parra, Kazarian,  Cardenas, Mejia. Noes: Rodriquez  7-B. PLANNING  Consider APPROVAL of applicant's request for an Advanced Construction Permit related to Tract 5952 for grading activities only contingent upon the approval by the SKGSA board of the purchase City Engineer Peters reported Council previously approved tentative subdivision map 5952 which includes 143 residential lots at the southwest corner of Sunnyside and South Avenues. He stated the approved tentative map also includes a 2.6-acre remainder parcel in the southwest corner of the tract which is adjacent to the Kirby Canal. City Engineer Peters reported developer K. Hovnanian Homes (KHOV) has preparedaj final map and improvement plans for the tract and is currently in negotiations with the South Kings Groundwater Sustainability Agency (SKGSA) who wishes to acquire and develop the remainder parcel as a groundwater recharge City Engineer Peters reported a purchase agreement is scheduled to be considered by the SKGSA at its September 8, 2021, meeting. He stated the purchase agreement allows KHOVto excavate the remainder parcel in the configuration of the recharge basin and utilize the excavated soil for grading operations on Tract 5952. City Engineer Peters stated in anticipation of the purchase agreement being approved, KHOV has requested the City issue an Advanced Construction permit for grading purposes only sO that work can commence prior to the remainder parcel sale beingfnalizedand, prior to thej final map being approvedandrecorded byt the City. He stated staffisr requesting Council to considerapproval. ofthe applicant' 's request for an. Advanced Construction Permit related to Tract 5952forgradingi purposes onlycontingent upon the approval by the, SKGSA Mayor Pro-Tem Rodriquez inquired if Council approves the permit and SKGSA does not approve the permit will the permit be invalid. City Engineer Peters stated the permit is contingent on SKGSA' 's approval and will not be issued. Councilmember Parra inquired what the price of the agreement was. City Engineer Peters stated the purchase price of the agreement is $156,000 for the 2.6-acre site which includes a clause ifthe appraisal price is lower than $60,000 per acre, the price will be lower and  agreement for acquisition of the remainder parcel.  basin.  ofthe purchase agreement.    ift the appraisal price is greater than $60,000, the price will remain at $60,000. City Engineer. Peters noted ifthe purchase agreement is approved there will be a budget amendment that will need to be approved by Council. Councilmember Parrai requested. staff to research how much was allocated Robert Sprague from KHOV addressed the Council stating the at-risk permit request is because they would like to begin the project before inclement weather causes delays. Councilmember Mejia inquired when the project would begin ifthe permit request were approved by Council tonight and approved by SKGSA tomorrow. Mr. Spring stated the project would begin next week. Councilmember Parra noted he did not want to hold up the project and there would be a future discussion on SKGSA budget Councilmember Kazarian made a motion to APPROVE an Advanced Construction Permit related to Tract 5952 for grading activities only contingent upon the approval by the SKGSA board of the purchase agreement for acquisition of the remainder parcel as amended pursuant to 2.f. changing sixty-five thousand dollars to two hundred Councilmember Parra ask that motion be amended to include SKGSA budget process discussion for future projects. Councilmember Kazarian Councilmember Kazarian made a motion to APPROVE an Advanced Construction Permit related to Tract 5952 for grading activities only contingent upon the approval by the SKGSA board of the purchase agreement for acquisition of the remainder parcel as amended pursuant to 2.f. changing sixty-five thousand dollars to two hundred thousand dollars including SKGSA budget process discussion for future items, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Kazarian, Parra, Cardenas, Mejia, Rodriquez.  in the City 's budget forSKGSA.  process.  thousand dollars.  agreed to the motion amendment.  7-C. CITY MANAGERSOFFICE  COVID-19 Update  City Manager Quan reported that the Fresno County Department ofF Public Health 's data shows Fowler' 's vaccination rate is 64% and staff continues to keep in close communication with. FCDPH on any regulatory changes. She also announced. the Employee Appreciation Dinner is Friday, October  22, 2021.    8.  STAFF COMMUNICATIONS- (CITY MANAGER)  8-A. PUBLIC WORKS  Public Works Director Dominguez updated Council on the water meter replacement, project  and. Armstrong Avenue re-paving project. 8-B. FIRE DEPARTMENT  Fire Chief Lopez shared July call logs for a total of 87 events. He announced three  firefighters completed Cal-Fire Academy training. COUNCILMEMBER REPORTS AND COMMENTS  9.  Mayor Cardenas shared his concerns oft fthere being only one drive approach at the library causing congestion during large events. Hei requested two trees be removed to add another drive approach. City Planner Marple stated the parking lot area is on a portion ofCity owned property. Staffwill Mayor Pro-Tem Rodriquez stated he has received complaints regarding construction start times. Councilmember Kazarian announced the multi Groundwater Sustainability Agencies received a Department of Water Resources grant that funded a Sanger project. He announced he will be Councilmember Mejia reported he and Gary Serrato will meet with Phil Desatoff, General Manager of the Consolidation Irrigation District t0 get a better understanding ofl local water distribution. He announced Fowler resident Erin Banks will be competing in the Mr. Olympia competition next month andi requested. Mr. Banks be recognized at next Council meeting.  researchj further.  City Engineer Peters stated he wouldi work on resolving this issue.  participating ini the SKGSA meeting tomorrow.  10. CLOSED SESSION  No reportable action was taken on any of the three items. 11. RECONVENE INTO OPEN SESSION  12. ADJOURNMENT  Having no further business, the meeting adjourned at 8:41 p.m.    ITEM  7D  FOWLER CITY COUNCIL  908  ITEM NO: 7-D  REPORT TO THE CITY COUNCIL  September 21, 2021  FROM: SUBJECT  Angela Vasquez, Deputy City Clerk  Approve the purchase of an audio-visual system upgrade for City Council Chambers and authorize the City Manager to execute a contract with NTM Productions not to exceed $50,000.  RECOMMENDATION Council Chambers. BACKGROUND  Staff recommend the City Council approve the purchase of an audio-visual system upgrade for City  This upgraded system will allow for more effective virtual public participation and engagement in City Council and Planning Commission meetings in the Council Chambers, and consists of:  Replacing aged speakers and microphones. toi improve the visibility of presentations.  Installing a larger, adjustable, display screen for the public and small display screens on the dais Transitioning to zoom (or similar) based video meetings to enhance public participation, simplify  Installing fixed cameras for improved video quality during meetings. the recording process, and provide better meeting controls to the Clerk. Installing a touch-screen based AV control panel for a simplified user interface.  Staff evaluated solutions from various vendors and spoke with peer cities about their AV systems and  functionality. Based on best value and references, NTM productions was selected.  FISCAL IMPACT  Council Resolution No. 2521 adopted on August 17,2021 allocated $50,000 in American Rescue Plans  Act of 2021 funds for this project.  Attachments: None.    ITEM  7E  FOWLER CITY COUNCIL  908  ITEM NO: 7-E  REPORT TO THE CITY COUNCIL  September 21, 2021  FROM: SUBJECT  Rudy Alcaraz, Chief of Police  Consider approval of an agreement with the Fresno County Rural Transit Agency to provide limited uniformed patrol services for the time period of. July 1, 2021- June 30, 2022 and authorize the City  Manager to execute the agreement.  RECOMMENDATION  Staff recommends approval of an agreement with the Fresno County Rural Transit Agency to provide limited uniformed patrol services for the time period of July 1, 2021- June 30, 2022 and authorize the  City Manager to execute the agreement.  BACKGROUND  Since at least August 1, 2017, the City of Fowler ("City") and the Fresno County Rural Transit Agency ("RTA") have maintained a services agreement where uniformed officers of the Fowler Police Department perform weekly patrol checks at the designated bus stops and on the buses as they are transporting passengers to and from the City of Fowler. RTA has requested that the Fowler Police Department continue to provide these services upon the terms and conditions set forth in the attached agreement. The City is reimbursed for the time spent by uniformed officers performing the services  FISCAL IMPACT  City will be reimbursed for services at a rate of $166.44 per hour, up to $10,000.  Attachments: Fowler  Agreement for services between the Fresno County Rural Transit Agency and the City of    AGREEMENT FOR SERVICES BETWEEN  THE FRESNO COUNTY RURALTRANSIT AGENCY AND THE  CITY OF FOWLER  This AGREEMENT, made and entered into this 1* day ofJuly, 2021 (hereinafter referred to as "Effective Date") by and between the FRESNO COUNTY RURAL TRANSIT AGENCY, a California joint powers Public Agency (hereafter referred to as "FCRTA"), and the CITY OF FOWLER, a California municipal corporation and general law city (hereafter referred to as "CITY"). FCRTA and CITY are sometimes collectively referred to herein as the "Parties" and  individually as a' "Party."  WITNESSETH:  WHEREAS, it is necessary and desirable that CITY contract with FCRTA to provide law enforcement, safety, security, and other services as described in this Agreement tol FCRTA vehicles  and facilities operating within CITY'Sb boundaries; and  WHEREAS, FCRTA represents that it is authorized by Section 3 of the Joint Powers Agreement that created FCRTA, which was originally executed on September 27, 1979, to contract  for the services to be provided by the CITY under this Agreement; and  WHEREAS, CITY represents that it is authorized by law to provide the services hereinafter  described tol FCRTA.  NOW,THEREFORE, iti is agreed by FCRTA and CITY as follows:  I.  CTYSOBLIGATIONS  A. A police officer employed by CITY shall provide following services to FCRTA  ata a minimum ofone day per week (Monday Saturday), as selected by CITY:  1. 2. 3. 4. 5.  A uniformed officer shall Board the stopped vehicle at any  designated bus stop  Make visual observations while: inside vehicle  Greet driver ofvehicle  Assist passengers or driver with any questions Provide bus shelter safety and security  B. CITY shall complete and submit the FCRTA Police Officer Observation  Report attached hereto as Exhibit A and incorporated herein by reference.  Page 1  AGREEMENT BETWEEN FCRTA AND CITY OFI FOWLER FOR SERVICES    C. CITY will make available to FCRTA all documents, studies, or other  information in its possession that is not protected by the attomey-client privilege related to the  services provided by CITY under this Agreement. II. CKTASOBLGATIONS  A. FCRTA shall compensate CITY as provided in section III oft this Agreement. B. FCRTA will make available to CITY all documents, studies, or other  information in its possession that is not protected by the attorney-client privilege related to the  services provided by CITY under this Agreement.  III. COMPENSATION AND INVOICING  A. Notwithstanding any other provision in this Agreement, payment by FCRTA  to CITY for the services rendered under this Agreement, shall be limited by an amount not to  exceed the sum of$10,000.00.  B. CITY shall submit two semi-annual invoices to FCRTA. Each invoice shall  specify: (1) the total amount previous charged by CITY tol FCRTA for services provided under this Agreement; (2) total hours ofs services rendered during the period covered by the invoice; multiplied by (3)t the CITY's approved billing rate of $166.44 per hour, equaling (4) the amount owed to CITY  for the services provided during the period covered by thei invoice.  IV. TERMINATION  A. Termination Without Cause.  This Agreement may be terminated without cause at any time by FCRTA or CITY  upon thirty (30) calendar days written notice. Ifeither Party terminates this Agreement, CITY shall be compensated for services satisfactorily completed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to in Section II.  B. Breach ofContract.  FCRTA or CITY may suspend or terminate this Agreement in whole or in part,  where in the determination of FCRTA or CITY there is:  1. An illegal or improper use off funds;  2. A failure to comply with the terms of this Agreement, and after due notice,  failure to cure;  3. 4.  Improperly performed serviçes under this Agreement. Failure to pay for services appropriately rendered.  Page 2  AGREEMENT BETWEEN FCRTA AND CITY OF FOWLER FOR SERVICES    In no event shall any payment by FCRTA constitute a waiver by FCRTA of any  breach of this Agreement or any default which may then exist on the part of the CITY. Neither shall such payment impair or prejudice any remedy available to FCRTA with respect to the breach  ord default.  V. INDEPENDENT CONTRACTOR  In performance of the work, duties, and obligations assumed by CITY to be  provided under this Agreement, iti is mutually expressly understood and agreed that CITY, including any and all ofCITY's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate ofl FCRTA. Furthermore, FCRTA shall have no right to control or supervise or direct the manner or method by which CITY shall perform its work and function. However, FCRTA shall retain the right to administer this Agreement sO as to verify that CITY is performing its obligations in accordance with the terms and conditions thereof. CITY and FCRTA shall comply with all applicable provisions ofl law and the rules and regulations, ifany, of governmental authorities havingj jurisdiction over matters the subject thereof.  Because ofi its status as an independent contractor, CITY shall have absolutely no  right to employment rights and benefits available tol FCRTA employees. CITY shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CITY shall be solely responsible and save FCRTA harmless from all matters relating to payment of CITY's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CITY may bej providing services to others unrelated to FCRTA or to this Agreement.  VI. ASSIGNMENT  CITY shall not assign or subcontract its duties under this Agreement without the  prior express written consent of the FCRTA. No such consent shall be construed as making the FCRTA a Party to such subcontract, or subjecting the FCRTA to liability of any kind to any  subcontractor.  No subcontract whether existing or later entered into as set forth herein, under any  circumstances shall relieve CITY of its liability and obligation under this contract, and all transactions with thel FCRTA must be through CITY. Subcontractors may not be changed by CITY  without the prior express written approval ofFCRTA.  VII. BINDINGNATURE OF AGREEMENT: MODIFICATION  The Parties agree that all of the terms of this Agreement shall be binding upon them  and that together these terms constitute the entire Agreement of the Parties with respect to the subject matter hereof. No variation or modification of this Agreement and no waiver of any of its provisions or conditions shall be valid unless in writing and signed by duly authorized representatives of the Parties. This Agreement shall be binding upon FCRTA, CITY, and their  Page 3  AGREEMENT BETWEEN FCRTA. AND CITY OF FOWLER FOR SERVICES    successors in interest, legal representatives, executors, administrators, and assigns with respect to all  covenants as set forth herein. VIII. INDEMNITY  The CITY and FCRTA (hereafter individually referred to as a "PARTY") shall hold harmless, and indemnify the other PARTY and its respective governing board, officers, directors, employees, authorized agents, contractors or subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' and expert witness fees and costs) that arise out of or as ai result of any negligent act or omission or willful misconduct of the indemnifying PARTY or its governing board, officers, directors, employees, authorized agents, contractors or subcontractors in carrying out the indemnifying PARTY's obligations under this Agreement, except to the extent that such expense, liability or claim is proximately caused by the negligence or willful misconduct of the PARTY indemnified or its governing board, officers,  directors, employees, authorized agents, contractors or subcontractors. IX. NONDISCRIMINATINATIONANDDBE  CITY shall not discriminate on the basis ofrace, color, national origin, or sex in the  performance of this contract. CITY shall carry out all applicable requirements of 49 CFR: Part 26i in the award and administration of DOT-assisted contracts. Failure by the CITY to carry out these requirements is a material breach of this contract, which may result in the termination of this  contract and such other remedy as the recipient deems appropriate.  X. INSURANCE  Without limiting either Parties right to obtain indemnification, CITY shall require its subcontractors, at their sole expense to maintain in full force and effect the following insurance  policies throughout the term oft this Agreement:  A. General liability insurançe with coverage of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If the Commercial General Liability Form or any other policy with a general aggregate limit is used, either the aggregate limit shall be endorsed to apply separately to this project or the aggregate limit shall be B. Automobile Liability: $1,000,000 combined single limit per accident for  twice the above occurrence limit. bodily injury and property damage.  C. Automobile Physical Damage: Subject to existing law, collision and other types of physical damage coverage, including repair or replacement with  comparable equipment.  Page 4  AGREEMENT BETWEEN FCRTA AND CITY OF FOWLER FOR SERVICES    D. The above liability limits may consist of a combination of a primary policy  limit and an excess policy limit to total at least $1,000,000. Workers compensation insurance as required by law.  E.  General liability insurance policies shall name the FCRTA, its officers, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by FCRTA, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under the CITY's  subcontractors policies herein.  CITY shall not cancel or change any insurance policy required by this Agreement without a CITY shall provide certification of all insurance policies required by this Agreement to  minimum ofthirty (30) days advance, written notice given to FCRTA.  FCRTA within twenty-one (21) days oft the date oft the execution oft this Agreement.  XI. CONELICTOFINTEREST  CITY and FCRTA covenant they have no interest, and will not have any interest,  direct or indirect, which would conflict in any manner with the performances of the services  required hereunder.  XII. EPECTIVEDATETERM  This Agreement shall become effective as of the Effective Date above and shall  remain in full force and effect through June 30, 2022, unless sooner terminated or unless its term is extended. Upon the mutual written Agreement of the Parties hereto, this Agreement may be  extended beyond that date. XIII. NOTICES  Any and all notiçes between FCRTA and the CITY provided for or permitted under  this Agreement or by law shall be in writing and shall be deemed duly served when personally delivered to one of the Parties, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to such Party, at such addresses set forth below:  FCRTA  CITY Wilma Quan, City Manager City of Fowler 128 S. 5th Street Fowler, CAS 93625  Moses Stites, General Manager Fresno County Rural Transit Agency 2035' Tulare, Suite 201 Fresno, CA93721  For all claims arising out of or related to this Agreement, nothing in this section  establishes, waives, or modifies, any claims presentation requirements or procedures provided by  Page 5  AGREEMENT BETWEEN FCRTA AND CITY OF FOWLER FOR SERVICES    law, including but not limited to the Govemment Claims Act (Division 3.6 of Title 1 of the  Government Code, commencing with section 810). XIV. VENUE:GOVERNINGLAW  Venue for any claim or action arising under this Agreement shall be in Fresno  County, California. This Agreement shall be governed in all respects by the laws of the State of  California.  XV. LEGALAUTHORITY  Each Party represents and warrants to the other Party that such Party is duly  authorized and empowered to execute, enter into, and perform its obligations set forth in this Agreement, and that the individual signing this Agreement on behalf of such Party has been duly authorized to execute this Agreement on behalf of such Party, and will, by signing this Agreement on such Party's behalf, legally bind such Party to the terms, covenants, and conditions of this Agreement. Each Party further represents and warrants to the other Party that no other person or entity is required to give its approval or consent to this Agreement in order for such Party to authorize, enter into, and perform its obligations under this Agreement, or that if such approval or consent to this Agreement is required, that such approval or consent has been obtained.  XVI. DRUG FREE WORK PLACE  CITY and FCRTA shall certify compliance with Government Code Section 8355  pertaining toj providing a drug-free workplace per Exhibit B- "Drug Free Workplace Certification".  XVII. FEDERALFUNDS  CITY and FCRTA shall acknowledge the participation of federal funds in this  PROJECT by causing tol have printed on the cover page of any final document provided subsequent to this Agreement, "The preparation oft this report has been financed inj part through grants from the  United States Department ofTransportation."  XVIIL. ATNPATATOEYCOIRS  Each Party acknowledges that it has had the opportunity to be represented by  counsel in connection with this Agreement and the transactions contemplated by this Agreement.  XIX. CONSTRUCTIONOE AGREEMENT  The Parties hereby acknowledge that they and their respective counsel have  cooperated in the drafting and preparation oft this Agreement, for which reason this agreement shall  not be construed against any Party as the drafter thereof.  III  Page 6  AGREEMENT BETWEEN FCRTA. AND CITY OF FOWLER FOR SERVICES    XX. NOTHIRD-PARTY BENEFICIARIES  Notwithstanding anything else to the contrary herein, the Parties acknowledge and  agree that no other person, firm, corporation, or entity shall be deemed an intended third-party  beneficiary ofthis Agreement.  XXI. COMPLETE AGREEMENT  This Agreement represents the full and complete understanding of the parties with  respect to the subject matter hereof, and all preliminary negotiations and oral or written agreements with respect thereto are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by a written instrument signed by both Parties. No waiver of any provision of this Agreement will be valid unless and until iti is in writing and signed by the Party making the waiver. Waiver by either Party at any time of a breach or default of this Agreement shall not be deemed a waiver of or consent to a  breach or default oft the same or any other provision oft this Agreement.  XXII. ASSIGNMENT/TRANSEER without the prior written consent oft the FCRTA.  No assignment or transfer in whole or in part of this Agreement shall be made  (Signature page follows.)  Page 7  AGREEMENT BETWEEN FCRTA AND CITY OF FOWLER FOR SERVICES    IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as  ofthe date and year first above written.  FRESNOCOUNTYI RURAL TRANSIT  By_  MOSES STITES, General Manager CITY OFFOWLER  By  WILMA QUAN, City Manager  APPROVED ASTOLEGAL FORM ONI BEHALF OF FCRTA:  DANIEL C. CEDERBORG, County Counsel ByBayan D. Rome on June 14, 2021 BRYAN ROME, Deputy County Counsel  E-Signed by Bryan D. Rome  APPROVED. ASTOLEGAL FORM ON BEHALF OF CITY:  By  FOWLER CITY ATTORNEY  Page 8  AGREEMENT BETWEEN FCRTA. AND CITY OF) FOWLER FOR SERVICES    ITEM  7F  FOWLER CITY COUNCIL  00  ITEM NO: 7-F  REPORT TO THE CITY COUNCIL September 21, 2021 FROM: SUBJECT  Dario Dominguez, Public Works Director  Declare Three City Vehicles to be Surplus Property, and Authorize the Disposal of the Vehicles  RECOMMENDATION  Approve disposal of the identified surplus vehicles.  BACKGROUND  Staff is recommending the disposition of three vehicles:  1. 1988 Ford Crown Victoria 2. 2003 Ford F350 Pick up 3. 2011 Ford Crown Victoria  Vehicle 1 was utilized by the Building Official but is no longer needed by the City. Vehicle 2 was used by the Public Works Water Department but is currently out of service and would be very expensive to repair to become operable, and is no longer needed for City service. Vehicle 3 was being utilized by the Police Department staff but is no longer needed as a result of recent vehicle replacements by the Police Department. All three vehicles have exhausted their lifespan and are no longer needed by the Disposal of these surplus vehicles will be made in the most economical and practical manner  City.  available, with a potential live auction.  FISCAL IMPACT  Any revenue received from the sale of the vehicles will be placed in the General Fund.    ITEM  8Ai  FOWLER CITY COUNCIL  1908  ITEM NO: 8-Ai  REPORT TO THE CITY COUNCIL  September 21, 2021  FROM: SUBJECT  Dawn E. Marple, City Planner  Approve Resolution No. 2514 Authorizing Submittal of a Grant Application for the Small Community  Drought Program Funds RECOMMENDATION  Staff recommends the City Council approve Resolution No. 2514 authorizing submittal of a grant application tot the State of California Department of Water Resources (DWR) requesting funds for Small Community Drought Relief Program funds, and authorizing acceptance of grant funds and execution of  agreements necessary with the State for the use ofi funds.  BACKGROUND  On August 11, 2021, the California Department of Water Resources (DWR) announced the release of approximately $192 million as part of the Small Community Drought Relief Program. The Small Community Drought Relief Program was authorized by the California State Legislature pursuant to the The intent of this Program is to provide immediate and near-term financial and technical support tol help small communities survive current and future droughts. The Program aims to implement needed resiliency measures and infrastructure improvements for small water suppliers. The Program will support projects and programs that provide immediate and near-term water supply reliability benefits The specific objectives are to implement projects that provide reliable water supply sources, improve water system storage, replace aging and leaking pipelines, and provide alternative power sources for The City proposes to construct a new well on the west side of State Route 99 as this area has only one water well and the existing water system only has three small-diameter connections crossing State Route 99, resulting in potential scenarios where drought conditions, in conjunction with a large fire  Budget Actof2 2021 and Assembly Bill 148.  and improve drought and water shortage resiliency and preparedness.  operation (emergency generators).    demand, could cause water system pressureis issues during fire suppression. The well would be required to produce 1,200 gallons per minute and be equipped with al backup generator. Additionally, a 12-inch water main is proposed between South Golden State Boulevard and South Fowler Avenue along the South Avenue alignment and under State Route 99. This water main would serve to further resolve water pressure issues and provide an additional level of redundancy that is more common east of State There is no minimum or maximum funding limit under the Program. However, DWR may recommend modified grant amounts from those requested for the purposes of equitably distributing the limited funding available and/or to better meet program objectives. No cost-share or matching funds from the City is required but it is encouraged. The City does not intend to propose any matching funds in its Staff intends to submit the grant application following Council approval of the Resolution. Applications for funding are accepted on a first come first served basis until all the funds are awarded, or until December 29, 2023, whichever comes first. The grant funding must be encumbered or expended by  Route 99.  grant application.  June 30, 2024.  ENVIRONMENTAL FINDINGS  The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA)because iti is not a' project" pursuant to 15378(b)(4) because it is a request for grant funding only and not a commitment of funding. Applicable CEQA review and documentation will be required of  the City by DWR before any funding can be committed by the City to any project.  Attachments:  A. Resolution No. 2514    RESOLUTION NO. 2514  AI RESOLUTION OF THE COUNCIL OF THE CITY OF FOWLER AUTHORIZING THE GRANT APPLICATION TOTHE DEPARTMENT OF WATER RESOURCES, ACCEPTANCE OF GRANT FUNDING, AND EXECUTION OF AI FUNDING AGREEMENT WITH THE DEPARTMENT OF WATER RESOURCES FOR THE CITY OF FOWLER NEW WELL AND SYSTEM INTERCONNECTION FOR DROUGHT RESILIENCY  PROJECT  WHEREAS, City of Fowler ("City)proposes to implement the City of Fowler New Well and System Interconnection for Drought Resiliency Project ("Project"); WHEREAS, the Project is being implemented in response to a drought scenario, as defined by' Water Code section 13198(a), and is intended to address  immediate impacts on human health and safety; agreement with the State of California;  WHEREAS, City has the legal authority and is authorized to enter into ai funding WHEREAS, City intends to apply for grant funding through the Small Community Drought Relief Program from the California Department of Water Resources ("DWR")  for the Project; and DWR for the Project. follows:  WHEREAS, it is in the best interest of the City to pursue grant funding from the THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as 1. The City Council hereby approves the City's efforts to pursue grant  funding from the DWR for the Project.  2.  Pursuant and subject to all of the terms and provisions of the Budget Act  of 2021 (Stats. 2021, ch. 69, S 112), the City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the DWR and take such other actions as necessary or appropriate to obtain grant funding for the Project. 3. The City Manager or designee is hereby authorized and directed to execute the funding agreement with the DWR and any amendments thereto. 4. The City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain any grant  funding awarded by DWR for the Project.    PASSED, APPROVED AND ADOPTED this 21st day of September 2021, at a regular  meeting of the Fowler City Council by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  APPROVED:  David Cardenas, Mayor  Ihereby certify that the foregoing is at full, true, and correct copy of a Resolution duly and regularly adopted by the City Council oft the City of Fowler at a meeting thereof held on the 21st  day of September, 2021. ATTEST:  Angela Vasquez, Deputy City Clerk  2    ITEM  8Aii  FOWLER CITY COUNCIL  908  ITEM NO: 8-Aii  REPORT TO THE CITY COUNCIL  September 21, 2021  FROM: SUBJECT  Dawn E. Marple, City Planner  Public Hearing to Consider Items Pertaining to Zoning (Prezoning) Ordinance Amendment No. 19-03, and Annexation Request No. 19-03, filed by Fowler Unified School District for property located on the west side of South Armstrong Avenue between East Adams and East Clayton Avenues. 1. Consider Approval of Resolution No. 2515, a Resolution adopting an Addendum toi the Mitigated Negative Declaration for Zoning (Prezoning) Ordinance Amendment No. 19-03 and Annexation 2. Consider Approval of Resolution No. 2516, a Resolution approving Annexation Request No. 19- 3. Consider Introduction of Ordinance No. 2021-04, an Ordinance approving Zoning Ordinance  Request No. 19-03.  03.  Amendment No. 19-03.  RECOMMENDATION  Staff recommend the City Council approve Resolution No. 2515 adopting an Addendum to a Mitigated Negative Declaration to CEQA, approve Resolution No. 2516 approving Annexation Request No. 19- 03, and introduce Ordinance No. 2021-04 approving Zoning (Prezoning) Ordinance Amendment No. 19-03. The Planning Commisionvecommended approval of all items at its September2,2021,M regular  meeting. BACKGROUND  Fowler Unified School District is proposing the expansion of the existing Marshall Elementary School to serve the existing student population and relocate the District's early learning program. The preschool is a year-round program with hours between 7:30 a.m. and 5:30 p.m., Monday through Friday, and will serve 90 students at build-out. The site will include up to 6 classrooms, administration offices, parking, and play areas. There will bei three modular buildings, with an approximate area totaling  almost 16,000 square feet (sq. ft.).    The Project site is located north of the existing Marshall Elementary School. Figure 1 shows the aerial view of the Project site. The proposed Project will occupy approximately 3-acre portion of an undeveloped site (APN 340-130-09) in unincorporated Fresno County. The Project site will be annexed into the City of Fowler and connect to the City of Fowler's water systems and to the Selma-Kingsburg- The proposed Project willi include three new modular buildings, hardcourts, playfield and paved parking and fire access driveways. The three modular buildings will have an approximate area totaling almost 16,000 square feet (sq. ft.). Also, new parking lot improvement are planned in the east portion of the Ino order to provide a logical boundary, the City proposes to include a 0.33 acre parcel of land (APN 340-220-33) currently improved with a single-family residence into the Project for purposes of annexation. Both parcels are proposed for annexation, and both Fowler USD and the owner of the Zoning (Prezoning) Ordinance Amendment No. 19-03 proposes to rezone the subject properties to RCO (Resource Conservation, Public Use, and Open Space) zone district (see Exhibit 3), which is consistent with the underlying General Plan Land Use designation of Parks and Open Space (FMC Section 9-5.307; see Exhibit 2). Public elementary schools are a permitted use in the RCO. zone district While the school is proposed on land currently designated as Parks and Open Space, approval of this prezone and annexation would not preclude future park development in the area, as ocations for future park sites are schematic and may be located on any suitable lands in the general vicinity." (General Plan Policy 4.7-15). Future school sites too can be located on any suitable lands in the general Single-family residences are not allowed in the RCO zone district. Therefore, the rezone will result in the existing single-family residence becoming a legal non-conforming use. However, the residence can remain and the existing residential use can continue as residential dwellings are exempt from abandonment of legal nonconforming use regulations (FMC Section 9-5.29-.03). Additionally, expansion and/or remodels up to 50 percent oft the value oft the residential structure are allowed subject toA Administrative Approval (FMC Section 9-5.504), and repairs and customary maintenance are as  Fowler Sanitation District sewer systems.  site. Construction is anticipated to take approximately 9-12 months to complete.  second parcel support annexation.  (FMC Section 9-5.503).  vicinity. (General Plan Policy 4.7-17)  always permitted (FMC Section 9-5.29.02). ENVIRONMENTAL FINDINGS Guidelines (Attachment D).  A Draft Mitigated Negative Declaration (MND) (State Clearinghouse No. 2021050269) was prepared by Fowler USD ina accordance with the requirements oft the California Environmental Quality Act(CEQA) This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The 30-day public review period for the Draft MND occurred May 13, 2021 to June 11, 2021. On June 16, 2021, Fowler USD adopted the MND for the Marshall Elementary School Expansion Project. Relevant documents may be found at the Fowler USD website Fowler USD named the City of Fowler as a Responsible Agency pursuant to Section 15381 of the CEQA Guidelines in order to carry out Zoning (Prezoning) Ordinance Amendment No. 19-03 and Annexation Request No. 19-03. Pursuant to Section 15164 oft the CEQA Guidelines, the City of Fowler  atl tp/www.oWerusd.org    has prepared an Addendum to the 2021 Marshall Elementary School Expansion Project MND to facilitate the expansion of the annexation area. The addendum did not identify any new environmental  impacts. Attachments:  A. Figure 1- - Aerial Photo B. Figure 2 - Prezone Map C. Figure 3 - General Plan Land Use Map D. City Council Resolution No. 2515 E. City Council Resolution No. 2516 F. City Council Ordinance No. 2021-04    5  4 3a1791 1iTP  ARETHA  5  T  -  CURTIS  A CROSSE  W  ADAMS  Project Site City Limits 0  250  500 Feet  Figure 1 Aerial Photo  PROVOST& PRITCHARD    SKYLAR  ARETHA  CURTIS  LA CROSSE  ADAMS  Zoning R-1-10 R-1-7 R-1-6 RM-2 RM-3 C-2 RCO Project Site  City Limits 0  250  500 Feet  Figure 2 Zoning Map  PROVOST& PRITCHARD    SKYLAR  ARETHA  CURTIS  LAC CROSSE  ADAMS  GPLU  Agriçulture Parks and Open Space Public Facilities Project Site City! Limits  Low Density Residential Medium! Low Density Residential Medium Density Residential High Density Residential Community Commercial 0  250  500 Feet  Figure 3  PROVOST& PRITCHARD  General Plan Land Use Map    RESOLUTION NO. 2515 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA  RESOLUTION TO ADOPTANADDENDUM TO THE FOWLER UNIFIED SCHOOL DISTRICT MITIGATED NEGATIVE DECLARATION (SCH NO. 2021050269) FOR: ZONING (PREZONING) ORDINANCE AMENDMENT NO.  19-03 AND ANNEXATION REQUEST NO. 19-03  WHEREAS, an application for Zoning (Prezoning) Ordinance Amendment No. 19-03 and Annexation Request No. 19-03 has been submitted for the annexation of the proposed project ("Marshall Elementary School! Expansion Project") on an approximately. 2.97-acre parcel (APN:340-130-291) on the west side of South Armstrong Avenue between East Clayton and East Adams Avenues ("Parcel 1"); and  WHEREAS, the subject application was deemed complete by thel Fowler Planning Department and WHEREAS, Fowler Unified School District prepared a Mitigated Negative Declaration ("MND") pursuant to the California Environmental Quality Act ("CEQA") (State Clearinghouse No. 2021050269) for the Marshall Elementary School Expansion Project, which was adopted on. June 16, 2021, by Fowler Unified WHEREAS, Fowler USD named the City of Fowler as a Responsible Agency pursuant to Section 15381 of the CEQA Guidelines in order to carry out Zoning (Prezoning) Ordinance Amendment No. 19-03 WHEREAS, in order to provide al logical boundary, the City proposes to include an approximately 0.33-acre parcel (APN: 340-220-33) ("Parcel 2") possessing a single-family residence into the annexation WHEREAS, Parcel 1 and Parcel 2 together with the Marshall Elementary School Expansion Project shall now be called the "Project" under CEQA andi is therefore subject to requirements of the CEQA and the WHEREAS, CEQA encourages finalization of environmental documents and CEQA Guidelines Section 15164 provides that the lead agency shall prepare an addendum to a previously adopted negative declaration if only some changes or additions are necessary but none of the conditions described in Section 15162, calling for the preparation ofas subsequent negative declaration, have occurred; and WHEREAS, the City of Fowler, a CEQA lead agency for the proposed Project has prepared this Addendum to the 2021 Marshall Elementary School Expansion Project MND pursuant to CEQA provisions because only minor changes or additions to said MND are needed to consider the proposed modifications; and WHEREAS, thei impact analysis int this Addendum does not identify any new significant impacts; and  has been reviewed for compliance with the Fowler Zoning Ordinance; and  School District ("Fowler USD"), attached hereto as Attachment A; and  and Annexation Request No. 19-03; and  request; and  Guidelines implementing CEQA;and    WHIEREAS, no additional mitigation measures were identified; and  WHEREAS, a duly noticed public hearing was held on this matter by the Planning Commission on WHEREAS, following the public hearing the Planning Commission adopted Resolution No. 663 recommending that the City Council adopt the Addendum to the Mitigated Negative Declaration; and WHEREAS, the City Council has independently reviewed and considered the Addendum and Mitigatedl Negative Declaration and has evaluated and considered: all comments, written and oral, received from persons who reviewed the Addendum and Mitigated Negative Declaration or otherwise commented on the  September 2, 2021; and  Project.  NOWTHEREPORE, BEITI RESOLVED that the City Council of the City of Fowler, based upon  the entire record of proceedings, hereby finds as follows: 1. The foregoing recitals are true and correçt.  2. Thati it has reviewed the recommendation of thel Planning Commission.  3. None oft the conditions described in Section 15162ofthe CEQA Guidelines calling for the preparation of a subsequent MND would occur as a result of the Project and that an Addendum is therefore 4. Ont thel basis oft the whole record, therei is no substantial evidence that thel Project willl have a significant 5. The basis for the findings is detailed in the September 21, 2021 staff report, which is hereby incorporated by reference, the entire Administrative Record, as well as evidence and comments presented in connection with thel Mitigated Negative Declaration during the September 21,2021, City BEITFURTHER RESOLVED that thel Fowler City Council hereby adopts the Addendum to thel Mitigated Negative Declaration for the Marshall Elementary Expansion Project with mitigation measures as contained. in  appropriate under Section 15164(e) of the CEQA Guidelines. effect on the environment with mitigation measures included.  Council meeting.  Exhibit "A". Attest:  Mayor of the City Council  Deputy City Clerk  1, Angela Vasquez, Deputy City Clerk of the City Council, do hereby certify that the foregoing resolution was adopted at a mecting of the City Council of the City of Fowler, on the motion of Councilmember  and second by Councilmember  on the 21st day of  September, 2021 by the following vote:    AYES: NAYS: ABSENT:  Councilmembers, Councilmembers: Councilmembers:  ABSTAIN: Councilmembers:    Attachment A - Initial Study / Mitigated Negative Declaration and Addendum    CITY OF FOWLER 125 S. FIFTH STREET FOWLER, CA 93625  Prezone and Annexation Application Nos. 19-03  Addendum to  Adopted Initial tudy/Mitigated Negative Declaration for the Marshall Elementary School Expansion"  Project  August 2021    PREZONE AND ANNEXATION APPLICATION NOS. 19-03 Initial Study/Mitigated Negative Declaration. Addendum  Introduction  This document is an Addendum to the adopted Initial Study/Mitigated Negative Declaration for Marshall Elementary. School Expansion, a project that authorized the expansion of an existing elementary school campus. The City, as al Responsible Agency under CEQA, has prepared this Addendum in accordance with the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq.) and the Guidelines implementing the CEQA (California Code of Regulations, Title 14, Chapter 3, Section 15000, et  seq.).  CEQA Regulations  Section 15164- - Addendum to an EIR or Negative Declaration, states, inp pertinent parts:  b) Anaddendumi to and adoptedi negative declaration: may be preparedfonlyminor. technicald changes or additions are necessary or none of the conditions described in Section 15162 calling for the An addendum need not be circulated; for public review but can be included in or attached to the d) The decision-making body shall consider the addendum with the final EIR or adopted negative e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must bes supported by substantial evidence.  preparation ofas subsequent EIR or negative declaration have occurred.  final EIR or adopted negative declaration.  deciaration prior to making a decision on the project.  Referenced. Section 15162-S Subsequent EIRS and Negative Declarations, states:  (a) When an EIRI has been certified orai negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was  evidence in the light of the whole record, one or more of thej following:  significant effects;  in the severity of previously identified: significant effects; or  City of Fowler  2Page    PREZONE AND. ANNEXATION APPLICATION NOS. 19-03 Addendum to Initial Study/Mitigated Negative Declaration  certified as complete or the Negative Declaration was adopted, shows any of the (A) The project will have one or more. significant effects not discussed in the previous (B) Significant effects previously examined will be substantially more severe than (C) Mitigation measures or alternatives previously, found not to bej feasible would in fact bej feasible, and would substantially. reduce one or more: significant effects of the project, but the project proponents decline to adopt the mitigation measure (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the  following:  EIR or negative declaration; shown in the previous EIR;  oralternative; or  mitigation measure or alternative.  (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise thel lead agencys shall determine whether to prepare as subsequent (c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that projecti is required. Information oppeouringoferonoppoel does not require reopening oft that approval. If after the project is approved, any of the conditions describedi ins subdivision (a) occurs, as subsequent EIR or negative declaration: shalld only be, prepared by the public agency which grants the next discretionary approval, for the project, if any. In this situation no other responsible agency: shall grant an approval for the project until the subsequent (d) A. subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section. 15087 or Section 15072. .Asubsequent EIR or negative declaration  negative declaration, an addendum, or noj further documentation.  EIR has been certified or subsequent negative declaration adopted.  shall state where the previous document is available and can be reviewed.  This Addendum, including the environmental analyses which follow, demonstrates that none of the conditions described above in Section 15162, calling for the preparation of a subsequent environmental document to the adopted Marshall Elementary School Expansion Project would occur as a result of the Prezone and Annexation Application Nos. 19-03. Therefore, the City has determined this Addendum, prepared pursuant to Section 15164 of the CEQA Guidelines, is the appropriate level of CEQA document  fori the Project.  City of Fowler  3/Page    PREZONE AND ANNEXATION APPLICATION NOS. 19-03 Addendum to Initial Study/Mitigated Negative Declaration  Project Background  OnJune 16, 2021, Fowler Unified School District (Fowler USD): adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for Marshall Elementary. School Expansion Project (see Appendix A), a project for the construction of an expansion of the existing Marshall Elementary School. The adopted IS/MND evaluated thei impacts of the construction: and operation oft the school expansion, as well as the necessary  infrastructure to support the development. Project Description  The Project, Zoning (Prezoning) Ordinance Amendment and Annexation Application Nos. 19-03, proposes 1. Prezone approximately. 3.3a acres ofl land to the RCO (Resource Conservation, Public Use, and Open  to:  Space) zone district.  2.A Annex approximately 3.3 acres into the City of Fowler  Ast thel Fowler USD Project was requiredt Itoannexi intot the City of Fowler byt thel Fresno CountyLocal/ Agency Formation Commission (LAFCo), consultation with LAFCO came to the conclusion that an approximately 0.33-acre lot be included in the annexation to "square off" annexation boundaries to prevent future "county islands" where properties located in unincorporated Fresno County but surrounded by the City of Fowler would have varying types, and levels of, public services. The original IS/MND did not address this conditional: approval that LAFCowould place ont the annexation oft the original project. For expediency purposes the City of Fowler is preparing this Addendum to cover this additional property. As single-family residence exists on the 0.33-acre parcel to proposed to be annexed with the Fowler USD property. No development is proposed on this residential property. All future development with this property would have to bei in accordance with the development standards in place at that time. For these reasons, for all resource areas, impacts from the modified project would be the same as the impacts identified under the approved project. Therefore, impacts to thet following resource areas would  not substantively change: Aesthetics Agricultural and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning  Mineral Resources Noise Population and Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities and Service Systems Wildfire Mandatory Findings of Significance  City of Fowler  41Page    PREZONE AND ANNEXATION APPLICATION NOS. 19-03 Initial Study/Mitigated Negative Declaration Addendum  Specifically, because the proposed annexation would not result in the change of any buildings, the  modified project would be of1 the same size and massing than the approved project.  Determination  As demonstrated in the preceding Analysis section, the proposed Prezone and Annexation Application Nos. 19-03 would not result in, or require, changes to previous impact determinations or mitigation requirements as identified in the adopted Initial Study/Mitigated Negative Declaration. None of the conditions described in CEQA Guidelines Section 15162 calling for the preparation ofa a subsequent EIR or negative declaration have occurred. Therefore, in accordance with California Environmental Quality Act (CEQA) Section 15164, Addendum to an EIR or Negative Declaration, the District, acting as a Responsible  Agency under CEQA, has appropriately prepared this Addendum.  City of Fowler  5Page    PREZONE AND ANNEXATION APPLICATION NOS. 19-03 Addendum to Initial Study/Mitigated Negative Declaration  APPENDICES  City of Fowler  61Page    PREZONE AND ANNEXATION APPLICATION NOS. 19-03 Addendum to Initia! Study/Mitigated Negative Declaration  Appendix. A: Adopted Initial Study & Mitigated Negative Declaration and Adopted  Mitigation Monitoring and Reporting Program  City of Fowler  7/Page    STATE OF CALIFORNIA  Governor's Office of Planning and Research  State Clearinghouse and  Edmund G. BrownJr. Govemnor  Planning Unit  Ken Alex Director  May4,2018 Scolt Griffin Fowler Unified School District 6581 E. Adams Avenue Fowler, CA93625 SCH#: 2018041015 Dear Scptt Griffin:  Subject: Marshall Elcmentary Schoo! 3 Acre Addition  The State Clearinghouse submilted the above named Negative  review. Ther revicw period closed on May3,2018, andi nos state Declaration to selected state agencics for This letter acknowledges that you! have complied witht the State agencies submitted comments by that date. drafl environmental documents, pursuant to the Califomia Environmental Clearinghouse roview requirements for environmental review process. Ifyou have a question ifyou about the any questions regarding the ten-digit State Clearinghouse number when contacting this office. above-named project, please refer to the  Quality Act.  Please call the State Cleeringhouse at (916) 445-0613 have  Sincerely, Scott  Director, State Clearinghouse  3  1400 TENTH STREET P.0. BOX 3044 SACAMTMTO,CALIFORNIA TEL1-916-445-0013 FAX 1-916-588-3164  05812-8044  www.opr.ca.gov    Document Details Report State Clearinghouse Data Base  SCH# 2018041015 Project Tlle Marshall Elementary School: 3 Acre Addition Lead Agency Fowler Unified School Distict Type Neg Negalive Declaration  Description The purchase of: 3acres lo the north of Marshall ES.  Lead Agency Contact Name Scott Griffin Agency Fowler Unified School District Phone 559-834-6080 emall Address 658 E.Adams Avenue City Fowler Project Location County Fresno City Fowler Reglon Lat/Long 36": 38'12-N/119" 40" 28" W Cross Streets Armsirong & Adams Ave Parcel No. 340-130-9 Township 15S Proximity to: Highways 99 Alrports Rallways SPRR Waterways Schools Marshall ES  Fax State CA Zip 93625  Range 21E  Section 10  Base NorrisC  Land Use Parks/OS/PF per city of Fowler General plan map Projectissues Agricultural Land; Schools/Universiles;: Landuse  Reviewing Resources Agency; Department of Fish and Wildlife, Reglon 4; Department ofl Parks and Recreation; Agencles Department of Waler Resources; Callfomla Highway Patrol; Caltrans, District 6; Regional Water Quality Control Bd.Region 5( (Fresno); Native American Heritage Commission; Public Ullities  Commission  Date Recelved 04/04/2018 StartofReview 04/04/2018  EndofRevlew 05/03/2018  Note: Blanksi in datal fields result from insufficient information. provided byl lead agency.    PintEom  Appendix C  Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA95812-3044 (916)445-0613 For Hand DeliveryStreet. Address: 1400 Tenth Street, Sacramento, CA95814 Project Tille:! Marshall Elementary Schoo!3A Acre Addition Lead Agency: Fowier Unified School District Mailing Address: 658 East Adams Avenue Project! Location: County:Fresno Cruss Suocts:A Amstrong & Adams Avenue Assessor's Purcel! No._ 340-130-9 Within 2Miles: State! Hwy #: Document Type: CEQA: NOP  SCH#20/804/015  Contact Person: Mr. Scolt Griffin Phone: (559) 834-6080 County: Fresno  City: Fowler  Zip:93625  CityfNearest Community: Fowler  Zip Code: 93625  Longitude/latitude (degrces, minutes and seconds): 36 38 '12 "NI 119_-40 '28 "W1 Tolal Acres: 3Acres  Section: 10 Twp.: 15 South Range: 21 Ees! Base: Norris Ce  99  Waterways. Railways: Southem Pacific NEPA:  Airpons:. EarlyCous Neg Dec Miti Neg! Dec Other: Local Action Type: General Plan Update General Plan Amendinent Master Plan General Plan Element Community Plan Development Type: Residential: Unils Office: Sg.. Commercial:Sg.f Industrial: Sq.R. Educational:Adliont los anexistings school Recreatiunal: Water Facilities:Type. Project Issues DscussedlaDocument: Aesthetic/Visual Agriculturall Land Air Quality Biological Resources Coastal Zone Drainage/Absorption Economic/Jobs  Schools: Marshall Elementary  Draft EIR SupplemenlSuhsaguent ER (Prior SCHNo.). Specific Plan Planned Unit Development Site Plan Acres Acres_ Acres Acres_  NOI Other: luint Document  EA Draft GIS FONSI  Final Ducument Oler:  Rezone Prezone Usc Pennit  Annexation Redevelopment Coastal Pennit  Land Division (Suldivision,cic) Other  Employees_ Employees Enployces MGD.  Transpurtation: Type_ Mining: Power: Waste' Treaiment:Type Hazardous Waste:Type_ JOiher Rocrcation/Parks Schol/Jaiverilies Sewer Capacity Solid Waste  Manerl Type  MW MGD  Fiscal Floodi Plain/Floodiug Mincrals Noise  Vegetation Waler Quality Water Supply/Groundwater Welland/Riparian Landt Use Cumulative Effects Other  Forest Land/Fire Hazard Septic Systems Population/Hiousing Balance Toxiellazrdous JPublic Services/Facilities JTaffie/Cirulation  Archeological/listorical GeologicScismic  Soill EpsoCompationGnan: Growth Inducement  Present Land Use/Zoning/General Plan Designatlon: PCpmSpianakhdie per GtyofFowler General Plan! Map Project Dasaription: (plaase se as separale pagelfnecessan. The purchase of3acrest tot the northo ofA Marshall EementarySchool  Nole: The State Cleuringhouer willasigni identfiontion: mamfralaapnic WescHumbereimadye emsaferepnjeiles Nolices e  previour dnafe domenipla-K  Preparationor Revised 2010    Reviewing Agencies Checklist  Lead Agencies may recommend! State Clearinghouse distribution by marking agencies below witha and' "X". Ify youl have already sent your document tot the agency please denote chat witha an" "S".  Air Resources Board Boating & Waterways, Department of Califomia Emergency Management Agency Califomia Highway Patrol Caltrans Districit Caltrans Division of Aeronaulics Caltrans Plonning Central' Valley Flood Protection Board Coachella Valley Mtns. Conservancy Constal Commission Colorado River Board Conservation, Department of Corrections, Department of Delta Protection Comnission Education, Departinent of Energy Commission Fish & Game Region* # Food & Agriculture, Depurtment of Forestry and Fire Protection, Departinent of Generul Scrvices, Departinent of Health Services, Department of Housing & Communily Developiment Native American Heritage Commission Local Public Review Perlod (to bet filled int by! lead agency) Starting Date Proposed May 15, 2018 Lead Agency(Complele lfa applicable): Address: 6011N.Fresno Sircel #130 City/Stale/Zip: Fresho/CA93710 Contact: Sharon Ashida Phone: (559)436-0887  Office of! Historic Preservation Office ofPublic School Construction Parks &l Recreation, Department of Pesticide Regulation, Department of Public Ullidies Commission Regional WQCB# Resources Agency  Resources! Recycling undl Recovery, Deparimen! of S.F. Bay Conservation &1 Development Comin. Sun Gabriel & Lower L.A. Rivers &I Mins. Conservancy San) Joaquin River Conservancy Santal Monica Mtns. Conservancy Stale Lands Commission SWRCB: Clean Water Grants SWRCB: Water Quality SWRCB; Water Rights Tahoci Regional Planning Agency Toxic Substanccs Control, Department of Water Resources, Department of  Oiher: Other:  Ending Date June 16, 2018  Consuling Firm: Inlegraled Designs by SOMAM, inc Applicant: Fowler Unified School Disirict  Address: 658E.7 Adams City/Staicflip: Fowr/CA93625 Phone: (559)834-6080  Signalure ol Lead Agency! Representative: AUMioBL  oA  Authorily cited: Section 21083, Publici Resources Code. Reference: Section21161, Public Resources Code.  Revised 2010    CEQA APPENDIX G: ENVRONMENTALOAEQAUST FORM  NOTE: The following is a sample form and may be tailored to satisfy individual agencies' needs and project circumstances. Itr may be used to meet the requirements for ani initial study when the criteria set forth in CEQA Guldelines have been met. Substantial evidence of potentiali impacts that are not listed on this form must also be considered. The sample questions in this form are intended to encourage thoughtful assessment of  impacts, and do not necessarily represent thresholds of significance. 1. Project title: Marshall ElementarySchool 3 Acre Addition 2. Lead agency name and address: Fowler Unified School District 658 East Adams Avenue, Fowler, CA93625 3. Contact person and phone number: Scott Griffin (559)834-6080 4. Project location: 142N.Armstrong. Avenue, Fowler, CA93625 5.F Project sponsor'sr name and address: Fowler Unified School District 658 East Adams Avenue, Fowler.CA93625 6.General plan designation: Public Use/Parks/Open! Space 7. Zoning: RCO-Resource Conservation, Public Use and Open Space District  8. Description of project: (Describe the whole action Involved, including but notl limited to! later phases of the project, and anys secondary, support, or off-site features necessary fori its implementation. Attach additional  sheets if necessary.)  Addition of3 Acre tol Marshall Elementary! School.  9. Surrounding land uses and setting: Briefly describe the project's surroundings: Agriculture Use: North, West and East oft the 3Acre Addition. Existing schoo!: South 10. Other public agencies whose approval is required (e.g. permits, financing approval, or participation California Department of Education, Division oft the State Architect, Department of Toxic Substançe Control, 11. Have California Native American tribes traditionally and culturally affillated with the project area requested consultation pursuant to Public Resources Code section 21080.3.17 If so, has consultation  agreement.) Fresno County begun? No,notrequired.  NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict int the environmental review process. (See Public Resources Code section 21083.3.2.) Information may: also be avallable from the Callfornia Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the Callfornia Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions  specifict to confidentiality.    ENVIRONMENTALI FACTORS POTENTIALLY AFFECTED:  The environmental factors checked below would be potentially affected by this project, involving at least one impact that isa' "Potentially Significant impact" as indicated by the checklist on the following pages.  Aesthetics Biological Resources Greenhouse Gas Emissions Land Use/ /Planning Population/Housing Transportation/Traffic Mandatory Findings of Significance  Agriculture and Forestry Resources Air Quality  Cultural Resources Hazards & Hazardous Materials Mineral Resources Public Services Tribal Cultural Resources  Geology /Soils Hydrology/Water Quality Noise Recreation Utilities/Service Systems  DETERMINATION: (To be completed byt the Lead Agency) On the basis of this initial evaluation: DECLARATION willl be prepared.  K I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE lfind that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the find that the proposed project MAY have a significant effect on the environment, and an f find that the proposed project MAY have a "potentially significant impact" or potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed  project proponent. AI MITIGATED NEGATIVE DECLARATION willl be prepared.  ENVIRONMENTAL IMPACT REPORT is required.  required, but it must analyze only the effects that remain tol be addressed.  project, nothing further is required. ASI Signature Printed Name  sbike  Mr. Scott Griffin, Assistant Superintendent  Fowler Unified School District  For    SAMPLEQUESTIONS Issues:  Less Than  Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact  LAESTHETICS. Would the project: a)Haveas substantial adverse effect on as scenic b)s Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a: state scenic highway? c)Substantially degrade the existing visual character or quality oft the site and itss surroundings? d) Create ar new: source of substantiall light or glare which would adversely affect day or nighttime views L.AGRICUITUREAND: FORESTR/RESOURCES. In determining whether impacts to agricultural resources are: significant environmental effects, léad agencies may refer to the! California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing Impacts on agriculture and farmland. Would the project:  L   B B B  vista?  in the area?    Less Than  Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact  a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on themapsp prepared pursuant to the Farmland Mapping and Monitoring Program oft the California Resources Agency, to non-agricultural b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Designated as Non- Willlamson Act Land- - See Exhibit 1) c) Conflict with existing zoning for, or cause rezoning of, farest land (as defined in Publlc Resources Code section 12220(g!), timberland (as defined by! Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section! 51104481)? d) Result in the loss of forest land or conversion of forest land to non-forest use? e)l Involve other changes int the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion off forest land to non- forest use? (City of Fowler General Plan designation is Parks/Open Space/Publici Facilities. See Exhibit 2) I. AIR QUALITY. Where available, thes significance criteria established by the applicable air quality management or air pollution control district may! be relied upon tor make the following determinations. a) Conflict with or obstruct Implementation of the b) Violate any air qualitys standard or contribute substantially to an existing or projected air quality c) Result ini a cumulatively considerable neti increase ofa any criteria pollutant for which the project region isr non-attainment under an applicable federal or state ambient air qualitys standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?  K  use?  a  a B  Would the project: applicable air quality plan?  R a 6  violation?    Less Than  Potentially Significantv with LessThan Significant Mitigation Significant No Impact Incorporated Impact Impact  d) Expose sensitive receptors tos substantial pollutant concentrations? e)o Create objectionable odors affecting a substantial number of people? IV.BIOLOGICAL RESOURCES: Would the project:  R B  a) Have a substantial: adverse effect, either directly or through habitat modifications, on anys species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the! California DepartmentofFish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community Identified in local or regional plans, policies, regulations or byt the California Department ofFish and Game or USFish and Wildlife Service? c) Have as substantial adverse effect on federally protected wetlands as defined by Section 404ofthe Clean Water Act (including, but not limitedt to, marsh, vernal pool, coastal, etc.)t through direct removal, filling, hydrological interruption, or other d) Interfere substantially with the movement of any native resident or migratory fish or wildlife: species or with established native resident or migratory wildlife corridors, ori impede the use of native e) Conflict with any! local policies or ordinances protecting! biological resources, such asi at tree preservation policy or ordinance? f)Conflict withi the provisions of an adopted Habitat Conservation! Plan, Natura! Community ConservationPlan, or othera approved local, regional, or statel habltat conservation plan?  R  EI  A  means?  wildIlfe nursery sites?  B    Less Than  Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact  V.CULTURALI RESOURÇES. Would the project: a) Cause a substantial adverse change in the significance of a! historiçal resource as definedi in 5 b) Cause a substantial adverse change in the significanced clanarheegealrsaure: pursuant c) Directly ori indirectly destroy a unique paleontological resource or site or unique geologic d) Disturb any human remains, including those interred outside of dedicated cemeteries? VI.GEOLOGY/ ANDSOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk ofl loss, injury, or death involving: 1)R Rupture ofal known earthquake fault, as delineated on the most recent. Alquist-Priolo Earthquake Fault Zoning Mapi issued by the State Geologist for the area or based on other substantial evidence ofak known fault? Refer to! Divisionof Mines and Geology Special Publication 42. i Strong seismic ground shaking? ii) Seismic-related, ground failure, including  B B R  15064.57 to $15064.57 feature?  B B B B B  D - -  D D -  liquefaction? iv) Landslides? topsoll?  b) Result in substantial soil erosion or the loss of c) Bel located on a geologic unit or soil thati is unstable, or that would become unstable as aresult of the project, and potentially resulti in on- or off- site landslide, lateral spreading, subsidence, liquefaction or collapse?    Less Than  Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact  d) Be located on expansive soll, as defined In Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ofs septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VI. GREENHOUSEGAS: EMISSIONS. Would the a) Generate greenhouse gas emissions, either directly or Indirectly, that may! have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose ofreducing the emissions of greenhouse gases? VIL.HAZARDS AND! HAZARDOUSMATERALS Would a) Create a significant hazard tot the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create as significant hazard to the public or the environment through reasonably foreseeable upset and accldent conditions Invalving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutelyhazardous materlals, substances, or waste within one-quarter mile of an existing or proposed d) Bei located on a site whichi isi included on al list of hazardous materials sites compiled pursuant to Government Code! Section 65962.5 and, asar result, wouldi ito create a significant hazard to the public or  a B  project:  E E  the project:   R  R  school?  thee environment?    Less Than  Potentially Significant with LessT Than Significant Mitigation Significant No Impact Incorporated Impact Impact  e) For ap project located within an airport land use plan or, where such aj plan has not been adopted, within two miles ofap public airport or public use airport, would the project result ina a safety! hazard for people residing or working in the project area? fFora aproject within the vicinity ofa a private airstrip, would the project result ina asafety hazard for people residing or working in the project area? g) impair implementation of or physically interfere with an adopted emergency response planc or emergency evacuation plan? h) Expose people or structures to as significant risk of loss, injury or deathi involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences arei intermixed with IX.HYDROLOGY, AND WATER QUALTY. Would the a) Violate any: water qualitys standards or waste b)s Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be ar net deficit in aquifer volume or al lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to al levél which would not support existing land uses or planned uses for which permits have been granted)? c)Substantially: alter the existing drainage pattern of the: site or area, including through the alteration of the course of a stream or river, in ar manner which would result in substantial erosion or siltation on- or  X  E R  wildlands? project:  dschrrereouirement?  off-site?    Less Than  Potentlally Significant with LessThan Significant Mitigation Significant No Impact Incorporated Impact Impact  d) Substantially: alter the existing drainage pattern oft the site or area, including through the alteration of the course of as stream or river, ors substantially increase the rate or amount of surface runoffi ina manner which would result in flooding on- or off- e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional: sources of polluted runoff? f)Otherwise subslantially degrade water quality? g)P Place housing within a 100 year flood hazard area as mapped on a! federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood! hazard h) Place within a1 100- year flood hazard area structures which would impede or redirect flood Expose people or structures to a significant risk of loss, injury or deathi involving flooding, including flooding as a result oft the failure ofal levee or dam? Jinundation! bys seiche, tsunami, or mudflow? X.LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency withj jurisdiction over the pro)ect (Including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avolding or mitigating an environmental effect? (City of Fowler General Plan designationi is Parks/Open Space/Publicfactites)  R  site?  B K  delineation map? flows?  E B -B B  D    Less Than  Potentially Significant with Less Than Significant Mitigation Signlficant No Impact Incorporated Impact Impact  c) Conflict with any applicable habitat conservation plan or natural community conservation plan? XI. MINERAL RESOURCES. Would the project: a) Result In thel loss of availability ofal known mineral resource that would be of value to1 the region and the residents oft the state? b) Result in thel loss of avallability of al locally- important mineral resource recovery site delineated on alocal general plan, specific plan or ather land XII. NOISE : Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established int the local general plan or noise ordinance, or applicable standards ofc other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c)A Asubstantial; permanent increasei in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodici increase in ambient noise levels in the project vicinity above levels existing without the project? e) For aj project located within an: airport land use plan or, where such aj plan! has notl been adopted, within two miles ofa ap public airport or public use airport, would the project expose people residing or working Int the project area to excessive noise fForap project within the vicinity ofay private airstrip, would the project expose people residing or working In the project area to excessive noise  E R   use plan?  X  B D B3  levels?  levels?    Less Than  Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact  XI. POPULATION, ANDHOUSING. Would the a)l Induce substantial population growth in anarea, either directly (for example, by proposing new homes and businesses) or indirectly (fore example, through extension of roads or otheri infrastructure)? b) Displace substantial numbers ofe existing housing, necessitating the construction ofreplacement c)Displace substantial numbers ofp people, necessitating the construction of replacement a) Would the project result ins substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilitles, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the  project:  K  K1 BJ  housing elsewhere? housing elsewhere? XIV.PUBLIC SERVICES.  X  public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XV.RECREATION.  D B B B B R    a) Would the project increase the use ofe existing neighborhood and regional parks orother recreational facilities such that substantial physicat deterioration oft the facility would occur or be  accelerated?    Less Than  Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact  b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? MATMANSPOTATOANATAFRC Would the project:  X  a) Conflict with an applicable plan, ordinance or policye establishing measures of effectiveness for the performance oft the circulation system, taking Into account all modes oftransportation! including mass transit and non-motorized travel and relevant components oft the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established! by the county congestion management agency for designated roads or highways? c) Resulti in a change in air traffic patterns, including either an increasei in traffic levels or a change in location that results in substantial safetyr risks? d) Substantiallyi increase hazards due toa a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm e) Result ini inadequate emergency access? Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performanceor safety ofs such facilities? XVII. TRIBAL CUITURALRESOURCES a)Would the project cause as substantlal adverse change in the significance ofatribald cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of  transit?  equipment)?   D  -  -    LessThan  Potentially Significantwith Less Than Significant Mitigation Significant No Impact Incorporated impact Impact  the size and scope oft the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listingi in the California Register of Historical Resources, or in al local register of! historical resources as definedi in Public Resources Code section 5020.1(k), or liAresource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource toi a California Native American tribe. XVII. UTILITIES ANDS SERVICESYSTEMS. Wouid the project: a) Exceed wastewater treatment requirements of the applicable! Regional Water Quality Control Board? b)R Require or resuiti in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental c) Require or resulti in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause signlficant environmental effects? d) Have sufficient water supplies available to: serve the project from existing entitlements and resources, or are new or expanded entitlements e) Result ina a determination by the wastewater treatment provider which serves or may serve the project thati it has adequate capacity to servet the project's projected demand in addition tot the providersexistinge commitments?  D  R  B  effects?  needed?    Less Than  Potentially Significant with LessThan Significant Mitigation Significant No Impact Incorporated Impact Impact  f) Be served by al landfill with: sufficient permitted capacity to accommodate the project'ssolid waste g) Comply with federal, state, and local statutes and regulations related to: solid waste? XIX. MANDATORY FINDINGS OF SIGNIFIÇANCE a) Does the project have the potential to degrade the quality oft the environment, substantially reduce the habitat ofa af fish or wildlife species, cause al fish or wildlife population to drop! below self-sustaining levels, threaten to ellminate a plant or animal community, reduce the number or restrict the range ofarare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are individually limlted, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of aj project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly ori indirectly?  B a  disposal needs?  B  Note: Authority cited: Sections 21083 and 21083.05, 21083.09 Public Resources Code. Reference: Section 65088.4, Gov. Code; Sections 21073, 2107421080(c), 21080.1, 21080.3, 21083, 21083.05, 21083.3, 21080.3.1, 210803.2210823 21084.2, 21084.3, 21093, 21094, 21095, and 21151, Public Resources Code; Sundstromv. CnVCME.IEBIRZ Cal.App.3d: 296; Leonoffv.A Monterey Boarlofsupervisor (1990) 222 Cal.App.3d 1337; EurekpCitizens for Responsible Govt.y v.GtyofEureko 200/167C1AP.4ih35Z Protect the Historic Amador Watenwaysv.Amodort WaterAgency (2004) 1160 Cal.App.4tha at 1109; Sank Frandiscans Upholding the Downtown Planv.  Gxexvasnfeis 292102C41A0Ph656    ACQUISITION PARCEL  Portion ofLot4ofNorris Colony, recorded inl Book2, Page: 28 ofPlats, Fresno County  Records  The South 239.25 feet of thel East 617.55 feet oft the North halfofLol4ofNoris Colony, recorded in Book2, Page 28 ofPlats, Fresno County Records. EACE/INOTHEBREPROMA the land described herein iss situated int the State of California, County ofFresno, unincorporated area described as follows: Beginning at the! Southeast comer oft thel North balfo ofLot 4i in Section 10 ofNorris Colouy, according to the map thereofrecordedi in Book 2, Page 28 ofPlats, Fresno County Records, thence North 121 feet, thence West 120 feet, thence South 121 feet,  thence East 120 feet to thel Point ofBeginning.  2samvywenlegaisiioparal37-8    BAN3AVS 9NOHISHUVHINON  1  IRILI IN  -  MuM  .  N  !    RESOLUTION NO. 2516 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA  RESOLUTION REQUESTING THAT THE LOCALAGENCY FORMATION COMMISSION UNDERTAKE PROCEEDINGS FOR THE ANNEXATION OF ANNEXATION REQUEST NO. 19-03  WHEREAS, the City of Fowler desires to initiate proceedings pursuant to the Cortese-Knox- Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Government Code WHEREAS, the specific changes of organization consist of annexation to the City of Fowler and the Selma-Kingburg'owle: County Sanitation District and detachment from the Kings River Conservation District, Consolidated Irrigation District and thel Fresno County Fire Protection District; and WHEREAS, the territory proposed to be changed is uninhabited, and on this day contains no WHEREAS, an illustration of thel boundaries of the territory is set forth in Exhibit "A"hereto, and a map and written description accurately depicting said territory shall be forwarded to the Local Agency  Section 56000 for the proposed Marshall Elementary School Reorganization; and  registered voters, established' by virtue oflack ofhabitable structures; and  Formation Commission upon application; and  WHEREAS, this proposal is consistent with the City of Fowler sphere ofi influence; and WHEREAS, the City of Fowler does not desire to subject the proposal to additional terms or WHEREAS, the proposed reorganization is intended to: 1) facilitate development of the Marshall Elementary School Expansion Project occupying Assessor's Parcel No. 340-130-09, which comprises approximately 2.97 acres; and 2) allow for the annexation of Assessor's Parcel No. 340-220-33 comprising approximately 0.33 acres, which at this time is not proposed for additional development but liesi immediately adjacent to the Marshall Elementary School Expansion Project and would constitute a logical expansion oft the  conditions; and  city limits; and  WHEREAS, the City Council, via Resolution No. 2515 has adopted an addendum for the project NOW THEREFORE, BASED UPON THE ENTIRE RECORD OF THE PROCEEDINGS, THE COUNCIL HEREBY ADOPTS this Resolution of Application and the Local Agency Formation Commission of Fresno County is hereby requested to initiate proceedings for the Marshall Elementary School Reorganization in the manner prescribed by the Comse-Knox-Herubeg Local  pursuant to the California Environmental Quality. Act.  Government Reorganization Act of2000.    Mayor oft the City Council  Attest:  Deputy City Clerk  I,Angela Vasquez, Deputy City Clerk of the City Council, dol hereby certify that the foregoing resolution was adopted at a meeting of the City Council of the City of Fowler, on the motion of Councilmember  and second by Councilmember  on the 21st day of  September, 2021 by the following vote:  AYES: NAYS:  Councimembers, Councilmembers, Councilmembers:  ABSTAIN: Councilmembers,  ABSENT:  2    BAV  3ONVAEdW3L 'N E  8  1  SAYNNY330 4   a 9 E & 6 o 8 & a  de  E  AV  OBISABVN  819  A e T a    B8 Rea 24  2  JAV 8  83MMOJ'S    ORDINANCE NO. 2021-04  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER. AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO REFLECT A CHANGE OF ZONE FOR. ASSESSOR'S PARCEL NOS. 340-130-09 AND 340-220-33 THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN AS FOLLOWS: SECTION1. The Official Zoning Map of the City of Fowler is hereby amended to indicate Assessor's Parcel Nos. 340-130-09 and 340-220-33 as RCO (Resource Conservation, Public Use, and Open Space) as indicated in Exhibit "A" hereto. SECTION2. This Ordinance shall take effect thirty (30) days after its adoption. SECTION3. The City Clerk is further directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Fowler, within fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the City Councit meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be The foregoing ordinance was introduced at a regular meeting of the City Council held on  approved by the City Attorney.  2021, and was adopted at a regular meeting of said Council  held on AYES: NOES: ABSENT: ABSTAIN:  2021, by the following vote, to wit:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    JAV  3ONVBEdW3L 'N   &  3AVN NNV330  & : - & 6 e 8 &  E  Aw  NOHISWBVN  - .819  A € I  Sy  88 &èa &8g Ni 80 a of 6  2  019  JAV $  831MQ-'S    ITEM  8Bi  FOWLER CITY COUNCIL  1908  ITEM NO: 8-Bi  September 21, 2021  FROM: SUBJECT  Yvonne Hernandez, Recreation Coordinator  2021 Special Events Update (Informational)  RECOMMENDATION  None BACKGROUND  Staff has begun to develop an integrated special events management process between Public Works, the Police Department, SeniorRecreation, and City Administration. We are providing you an informational calendar of events and their road closure impacts for the remainder of the year. Staff will present Council a projected 2022 events calendar during a January or February 2022 meeting.  FISCAL IMPACT  Historically, the City has not separately tracked the staffing and related costs involved with the various City-sponsored and non-City-sponsored special events held in the City. All staff costs incurred by the City for the events have been absorbed by individual departments such as Public Works, the Police Department, Fire Department and the Recreation Coordinator and not specifically budgeted or charged to the various events. Staff will begin to track these costs and report this information to Council at the  meeting in January or February 2022 when the events calendar is presented.  Attachments:  2021 Events Calendar    zzzz  ZZ  <zZ  A A    A / N  E