FOWLER CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 7, 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 vaqle.@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's website at www.fowlercity.org.  Page 10 of3    ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived  by unanimous consent of the Council. Meeting Called to Order Roll Call  1. 2. 3. 4. 5.  Invocation by Pastor Rod Haro of The Worship Centre Church  Pledge of Allegiance 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.  6.  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 Councimember 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 Councimember opposes the recommended action for an item, the item should be removed and discussed and acted upon as a separate item. A motion to 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.  6-A. RATIFY Warrants for September 7, 2021  6-B. APPROVE Minutes of the August 17, 2021 City Council Special Meeting 6-C. APPROVE Minutes of the August 17, 2021 City Council Meeting  6-D. APPROVE donation request from Fowler High Boys Basketball in the amount of 6-E. APPROVE Adoption of Zoning Text Amendment No. 21-01 to Amend Section 17, of Article 22, of Chapter 5, of Title 9 of the Fowler Municipal Code - Special Use  $500 for Fiscal Year 2021-22 (Recreation)  Signs, to allow multiple drive-through menu boards. (Planning)  7.  General Administration 7-A. City Attorney  . APPROVE Council Rules and Procedures regarding masks at City  Council meetings.  Page 2 of3    7-B. Planning  i. Consider APPROVAL of applicant's request for an Advanced Construction Permit related to Tract 5292 for grading activities only contingent upon the approval by the SKGSA board of the purchase  agreement for acquisition of the remainder parcel.  7-C. City Manager's Office  i.  COVID-19 Update  8. 9.  Staff Communications (City Manager) Councilmember Reports and Comments  10. Closed Session  10-A. Government Code Section 54956.9(d)1)  Conference with Legal Counsel - Existing Litigation Board Case Nos. ADJ11826229 and ADJ11826228 10-B. Government Code Section 54956.8 Conference with Real Property Negotiator Agency Negotiator: Wilma Quan, City Manager Negotiating Party: Abdallah Qawadri Under Negotiation: Price and terms of potential sale 10-C. Government Code Section 54957.6 Conference with Labor Negotiator Agency Representative: City Manager Unrepresented Employee: Building Official  Case Name: C. Bergthold VS. City of Fowler, Worker's Compensation Appeals  Property: APNS 343-233-02ST and 343-233-03ST (NW corner of S. 7th St. and E.  Vine St.)  11. Reconvene into Open Session  12. Adjourn  Next Ordinance No. 2021-04 Next Resolution No. 2514  CERTIFICATION: L,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. 3, 2021.  Angela Deputy City Clerk  pwG  Page 3 of3    ITEM  6A  6    3988889828888  888 d0 888 8 3888888888888888 8888888 8 8 8888 8 8 000 o 000 o 0000000000000000 0000000 o o 0000 o o    89  888888 388888888888888883388888 888 3888838888 88 000000 606660000006000 000 6600066666 00  >>>>>>  >>>>>    RE 11  888 d8 888 8 d0 888 8 38888888888 8 888 8 88888 000 o 000 o o 000 o 000000000000000000 o 000 o 00000    ooN 0 QOWE  16  0 0 888 8 88888 8 8 d8 888 888 888 8 0 000 o 00000 o o 000 000 000 o  0 d0 888 o > o 000  9    8080 d0 88888 888 8  8888  iuus 998 8  oorvry  8888 8 8 88888 888 8 8 8 388888888888 8 8 888 8 8888 0000 o o 00000 000 o o o G666066666o6 o o 000 o 0000  0088    3288888888480 NG  8888 9  3888888888888 88888 8 8 888 8 8 88888 8 8 888 8 8888 0000900000000 00000 o o 000 o o 00000 o o o o o 0000    om88  888 280  388888888888 d8 8 8888888888888 8 8 d0 00 d0 888 00000000000000000000 o o 0000000000000 o o 0 o 0 000    888 888 8888888888 888 888 8 d8 8 00 d0 000 000 0000000000 000 000 o o o o o  48% 000000004  0 6  aa  888988888        D9  88 00    ITEM  6B 3  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING TUESDAY AUGUST 17, 2021  Mayor Cardenas called the meeting to order at 6:31 p.m. Roll call was taken. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, Parra  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, Fire Chief Lopez, City Planner Marple, Finance Director Moreno, Deputy City  Clerk Vasquez, Police Records Secretary Zavala  3. CEREMONIAL PRESENTATIONS  3-A. Special Presentation by Sheriff Mims in Appreciation of Fowler Police  Department's assistance in the Creek Fire  Sheriff Margaret Mims presented Fowler's Police Department an appreciation plaque for  their assistance in the Creek. Fire.  3-B. Swearing-In and Promotion ofOfficers Officers. Justin Barrett and Nicholas Haro were. sworn in.  4. ADJOURNMENT  Having no further business, the meeting adjourned at 6:54 p.m.    ITEM  6C  MINUTES OF THE FOWLER CITY COUNCIL MEETING  Tuesday August 17,2021  Mayor Cardenas called the meeting to order at 7:05 p. m.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Recreation Coordinator Hernandez, Fire Chief Lopez, City Planner Marple, Finance Director Moreno, City  Engineer Peters, Deputy City Clerk Vasquez  3.  PUBLIC COMMENT  Fowler resident Henry. Flores and Gary, Serrato addressed the Council.  Members of Council generally discussed COVID-19 protocol and whether councilmembers and attendees should wear masks. City Attorney Cross advised Council it is a Council procedure and could be discussed tonight or at the next regularly scheduled meeting. Council decided to take the matter up at the September 7, 2021  meeting.  4.  CONSENT CALENDAR  Mayor Pro-Tem Rodriquez made a motion to approve consent calendar items 4-A through 4-E, seconded by Councilmember Kazarian. The motion carried by roll call Councilmember Parra pulled item 4-F for discussion asked Public Works Director Dominguez to confirm the number of antennas. Public Works Director Dominguez Councilmember Parra made a motion to approve consent calendar item 4-F, seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes:  vote: Ayes: Rodriquez, Kazarian, Cardenas, Mejia, Parra.  confirmed. there are seventeen antennas.  Parra, Rodriquez, Cardenas, Kazarian, Mejia. GENERAL ADMINISTRATION 5-A. FINANCE  5.  i. APPROVAL of items pertaining to the use of the Coronavirus State and Local Fiscal Recovery funds under the American Rescue Plan Act  of2021.    1. Adopt Resolution No. 2512 amending the 2021-2022 Adopted Budget to reflect Coronavirus State and Local Fiscal Recovery funds received under the American Rescue Plan Act (ARPA) in the amount of $812,156 in revenues, and appropriate $575,000 for various expenditures including a one-time premium pay to essential city employees; to upgrade city water meters; and a Council Chambers Finance Director Moreno reported that last month the City received the first half of ARPA monies of roughly $812,000. The second half will be distributed in. July 2022. She stated a special revenue. fund was created to keep the monies separate from the General Fund. Finance Director Moreno stated the City has until December 20241 toj fully obligate thej funds Finance Director Moreno stated staff recommends the first tranche of $812,156. ARPA funds be used for the following: one-time premium pay to City employees, water meters upgrades, modernization of audio-visual system in Council Chambers, and reserve for future initiatives. She requested Council's approval to adopt Resolution No. 2512 with Budget Councilmember Kazarian inquired ifany of the ARPA monies will be used for outdoor dining improvements. City Manager Quan stated staff is soliciting design proposals for Merced Street updates and some of the monies could be used towards the updates and will be brought back to Council for consideration. City Manager Quan stated the water meter quote does not include installation. Staff will be researching cost effective Mayor Pro-Tem Rodriquez made a motion to Adopt Resolution No. 2512 and Budget Amendment, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Rodriquez, Mejia, 2. Adopt Resolution No. 2513 of the City Council of the City of Fowler authorizing a one-time premium payment to eligible city employees performing essential work, who have been and continue to be relied Councilmember Parra made a motion to Adopt Resolution No. 2513, seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes: Parra, Rodriquez, Cardenas, Kazarian, Parra.  Audio-Visual system.  and until December 2026 to. spend the funds.  Amendment and. Resolution No. 2513.  installation options andwill return to Council.  Cardenas, Kazarian, Parra.  upon to maintain continuity of city operations.    5-B. PLANNING  PUBLIC HEARING to Consider Introduction of Zoning Text Amendment No. 21-01 to Amend Section 17, of Article 22, of Chapter 5, of Title 9 of the Fowler Municipal Code = Special Use Signs, to City Planner Marple provided an overview of what the City's current Zoning Ordinance allows. She reported staff has received several development proposals requesting multiple menu boards for multi-lane drive-throughs; most recently. from Commercial Neon Signs. City Planner Marple stated afier discussion with the applicant, staff recommend drive- through uses would be allowed fwo menu boards per drive-through lane (those with two drive-through lanes could have a total of four menu boards); each drive-through lane would be allowed up toj forty squaref feet in total. signage, with a maximum of twenty-five square feet per sign; and each drive-through sign' 's speaker box must be positioned away from residential district or residential use. City Planner Marple stated the proposed text amendment would align with the City's standards and with City Planner Marple reported the Planning Commission considered this item at their July meeting and recommended adopting staff's recommendation. She stated the Zoning Text Amendment has been reviewed pursuant to the California Environmental Quality Act (CEOA) and has been found to be exempt pursuant to CEQA guidelines. City Planner Marple stated the Planning Commission and staff recommend City Council adopt an amendment to section 9-5.22.17, the special use signs of the Fowler Zoning Ordinance to allow two drive-through menu boards with up to forty square feet in total sign area per drive-through lane. Cily Planner Marple clarified each drive-through lane would be allowed up to forty square feet in total signage, with a maximum of  allow multiple drive-through menu boards.  the standards of most surrounding cities.  Iwenly-five square. feet pers sign. There was no public comment.  Mayor Pro-Tem Rodriquez made a motion to Adopt an amendment to section 9-5.22.17, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Rodriquez, Parra, Cardenas,  Kazarian, Mejia.  5-C. PUBLIC WORKS  i. PUBLIC HEARING to APPROVE Resolution No. 2511, a Resolution Confirming Diagram and Assessment of Annual Levy - 2021/22 for    Landscaping and Storm Drainage Facilities Maintenance District No. City Engineer Peters reported the City must annually approve an Engineer' 's Report and Levy ofAssessment for each tax year. He reported Council approved the report July 20, 2021 and passed a Resolution of Intent to levy the assessment with a public hearing. City Engineer Peters stated staff recommends the Council approve Resolution No. 2511 approving the levy ofannual assessments for fiscal year 2021-2022 and authorize staff t0 submit the assessments to the Fresno County Auditor-  1.  Controller.  There was no public comment.  Councilmember Parra made a motion to Approve Resolution No. 2511, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Parra, Kazarian, Cardenas, Mejia, Rodriquez.  5-D. CITY MANAGER'S OFFICE  COVID-19 Update  City Manager Quan reported that the Fresno County Department of Public Health' 's data shows Fowler 's vaccination rate is nearly 61% and staffc continues to keep in close communication with. FCDPH. She thanked Public Works Director Dominguez for attending FCDPH update meetings. Cily Manager Quan stated the mask item will be brought forward at the ii. CONSIDER various projects for potential Economic Development  next council meeting ini September.  Administration (EDA) grant opportunity.  City Manager Quan provided an overview of the three projects for consideration of a potential EDA grant application. She stated staff worked closely with Will Oliver of the Fresno County Economic Development Corporation (EDC) to assist in connecting with the EDA, to learn about the grant opportunily, and to vet three projects staffwas asked to1 research which are a police headquarters with a community, senior or youth center; a community center" with job training; and a water infrastructure expansion project using an existing county-owned Public Utility Easement into the City's Sphere of Influence. City Manager Quan reported Will Marshall of the EDA stated the police headquarters is not an eligible project. She continued to report the two other viable projects require additional vetting. City Manager Quan requested Council's direction in which project they would like staff to explore further. She noted both projects require engagement with various companies and    property owners. City Manager Quan stated the EDC would assist in obtaining any necessary documentation and the EDA application. City Manager Quan stated the EDA minimum application is five million dollars and a twenty percent match would be equivalent with eitherproject. Councilmember Parra voiced concerns that stafftime wasn'tspent equally on both eligible projects and his preference is to choose a project that would benefit Fowler residents. He also noted his concern of the twenty percent project cost for the water infrastructure expansion project. City Manager Quan reported staff had preliminary conversations with David Fey of LAFCo about an annexation plan for the water infrastructure expansion project. Councilmember Parra stated he spoke with Mr. Fey of LAFCO and he wasn't aware of the water infrastructure expansion projeci. In addition, Cily Manager Quan noted that ifCouncil. selected the community center it would be best placed in an Opportunity Zone to reap Councilmember Kazarian stated he supports the water infrastructure expansion project ifit is annexed because it will ultimately bring inj future tax dollars and will advance Growth Tier 1 in the proposed General Plan update. Councilmember Kazarian stated he believes this will increase Cily Councilmember Mejia inquired what the annexation process entailed. City Manager Quan stated staff had a conversation with Mr. Fey about the water infrastructure expansion project. City Planner Marple reported that according to the City's Memorandum of Understanding (MOU) with the County of Fresno,, fifty percent of the area would need to be proposed for development in order to be annexed and include the sewer and water infrastructure with it. She noted there are options to make an agreement oufside the City's MOU and create a new agreement with the County of Councilmember Mejia stated it may be best to utilize the funds for a project within the City limits. Councilmember Kazarian noted investors have great interest in sites in Fowler. Will Oliver reported the City of Fowler has a zero percent vacancy rate with minimal availability for job creating businesses to locate within the current City limits. Mr. Oliver stated the EDC has shown three clients potential sites and are engaging property owners who have off-market properties who may be interested in selling or developing their land. Councilmember Mejia inquired about the possible time frame. Mr. Oliver stated the City would need to meet its jobs goals within seven. years and would need to draw down most funds from  80/20 benefits.  revenue and benefit Fowler residents.  Fresnoj for a phased annexation.  the EDA before applying for another, project.    Councilmember Parra noted staff gave more attention to the water infrastructure project than the community center project. City Manager Quan stated a large portion of the work on the water infrastructure project began prior t0 her working at the City. Councilmember Kazarian stated his role as the Fowler Cilty Council representative to the Five Cities committee entails meetings with the EDC' on a regular basis. He clarified that water infrastructure discussions had begun prior to the hiring ofCity Manager Quan. Councilmember Kazarian stated discussions began when a local landowner reached out to him about potentially developing his property then Councilmember Kazarian contacted Mr. Oliver and City Planner Marple for a meeting. After City Manager Quan was hired, Councilmember Kazarian updated her on the progress of these discussions. City Planner Marple clarifiedi Ithe proposed area for the water infrastructure expansion project is in the existing General Plan adopted in 2004 and is designated as light industrial and heavy industrial as well as Councilmember Mejia stated the funds may be better suited correcting current issues such as a new well. City Engineer Peters reported the City's well system is at eighty to ninety percent capacity. He stated the City has begun plans for a new well and the immediate problem is deficiencies in the distribution system which are currently being resolved. Councilmember Mejia also inquired what the frequency was for EDA funding. Mr. Oliver stated new funding allocation applications are accepted in October, but the 80/20 match allocation window is undetermined City Manager Quan noted she has not had Councilmember Kazarian participate in ai meeting with Will Marshall ofthe EDA. Mayor Pro-Tem Rodriquez inquired about the number of "mother-n-law quarters" applications submitted and expressed concerns the effect an over abundance ofmother-n-law quarters would have on the City's water. Councilmember Kazarian noted the developer-fiundedi well will assist with meeting the City' 's water needs. He also clarified the Cilty would need to meet its jobs goals within seven. years, not wait seven, years for businesses to move in or to take advantage of any benefits. Councilmember Kazarian stated this is an unbelievable opportunity. for an opportunity zone to have Councilmember Parra inquired if developers could pay, for the fwenty percent match instead of using City funds. City Manager Quan stated the EDA may not support developers paying back the City's twenty percent,  being within the City'ss sphere ofinfuence.  an 80/20 match and the City. should act now.  but she would need to confirm with the EDA. The item was opened for public comment.    Fowler resident Steve Barela addressed the Council with concerns about the developer-funded well and) his support of the community center.  Public comment was closed.  Mayor Cardenas noted his concerns about the City's water shortage and is not in favor of the water infrastructure project. Councilmember Kazarian voiced his concerns over decisions being made with misinformation. He also noted both the water infrastructure and community center projects are potential projects and because he supports the water infrastructure 80/20 match by the EDA project doesn' ' mean. he doesn't support the community center project. He proceeded to say a community center would be better suited in downtown and the 80/20 match is not available in the downtown ared. Councilmember Parra noted a communily center can be downtown without the 80/20 match. Councilmember Parra suggested the developers pay for the water Councilmember Parra made a motion to support Option 2 (community center with job training), seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Parra, Mejia, City Manager reported staff will be releasing the Request for Qualifications (RFO) for the new Police Headquarters which will include a community gathering venue. Councilmember Kazarian stated there are alternatives for a community center. Councilmember Parra noted a community center needs to have a capacily for three to four hundred people. City Manager stated staff is exploring options to house the Senior City Manager Quan also reported the Classification and Compensation Study has begun. She stated employee orientation meetings will be held over the next few weeks. City Manager Quan reported the study will look at similar cities in the region and. she will update Council on the progress.  infrastructure project.  Cardenas, Rodriquez. Noes: Kazarian  Center with Police Headquarters.  6.  STAFF COMMUNICATIONS- (CITY MANAGER)  6-A. FINANCE  Finance Director Moreno reported auditors Corona CPA have been on. site working on the  2018/2019 audit with the assistance of Price Page & Company.    6-B. PUBLIC WORKS  Public Works Director Dominguez reported the south temporary dining platform was removed. He stated the catalytic converter guards have been installed on the Prius'. Public Works Director Dominguez also reported the ADA compliant counter will soon be  installedin City Hall. 6-C. PLANNING  City Engineer Peters updated Council on the Adams Avenue project and PG&E permit  application for gas line repair. 6-D. POLICE DEPARTMENT  Police Chief Alcaraz distributed DOJ crime statistics for the month of July 2021 and reported domestic violence numbers have spiked. ChiefAlcaraz reported the department  has a large traffic enforcement operation for the first week ofschool. COUNCILMEMBER REPORTS AND COMMENTS  7.  Mayor Cardenas requested the pledge of allegiance and invocation be placed back on the agenda because in person meetings have resumed. City Manager Quan stated Chief Alcaraz has a meeting with local ministers and pastors this week and will share this information with them Mayor Cardenas stated he has received many inquiries from concerned residents regarding Mayor Pro-Tem Rodriquez's so-called DUI arrest. Mayor Cardenas requested Counsel's guidance on how to address Mayor Pro-Tem Rodriquez's 's conduct. Cily Attorney Cross stated Council cannot remove a member of the Council. City Attorney Cross stated a councilmember can be removed by recall. He also stated a councilmember would forfeit their seat in office if they were convicted ofa felony while in office. City Attorney Cross stated the Council could remove any councilmember 's title or committee appointment, but the councilmember would. still be a councilmember. He stated another option is public censure, but the councilmember would still be a councilmember. City Attorney Cross reiterated. that Council does not have the ability to Mayor Pro-Tem Rodriquez inquired ifthe south temporary dining plaform umbrellas will be stored for future use. City Manager Quan. stated the umbrellas and platform, parts were, placed in Councilmember Mejia thanked Mayor Cardenas for raising up residents' concerns regarding Mayor Pro-Tem Rodriquez 's arrest and City Attorney Cross for his legal advice.  fors sign-ups.  remove a member oft the Council.  storage for upcoming replacement needs.  8.  CLOSED SESSION  No reportable action was taken on the item.    9.  ADJOURNMENT  Having no further business, the meeting adjourned at 9:23 p.m.    ITEM  6D  FOWLER CITY COUNCIL  1908  ITEM NO: 6-D  REPORT TO THE CITY COUNCIL  September 7, 2021 FROM: SUBJECT 2021-22.  Yvonne Hernandez, Recreation Coordinator  Approve donation request from Fowler High Boys Basketball in the amount of $500 for Fiscal Year  RECOMMENDATION  Staff recommend the City Council approve a donation request from Fowler High Boys Basketball Team  in the amount of $500 for Fiscal Year 2021-22.  BACKGROUND  The Fowler High Boys Basketball Team, will be performing volunteer cleanup for the City-Wide Yard Sale event that will be held on Saturday, September 18, 2021. The volunteer cleanup will be allocated from the funds that the City receives annually for the recycling grant from the California Department of  Resources Recycling and Recovery (CalRecycle).  FISCAL IMPACT  Funds have been appropriated under the CalRecycle Grant Fund.    ITEM  6E  FOWLER CITY COUNCIL  1908  ITEMNO: 6E  REPORT TO THE CITY COUNCIL  September 7, 2021 FROM: SUBJECT  Dawn E. Marple, City Planner  Consider Adoption of Zoning Text Amendment No. 21-01 to Amend Section 17,0 ofA Article 22, of Chapter 5, of Title 9 of the Fowler Municipal Code - Special Use Signs, to allow multiple drive-through menu  boards.  RECOMMENDATION  Both Staff and the Planning Commission recommend the City Council adopt an amendment to Section 9-5.22.17 - Special Use Signs of the Fowler Zoning Ordinance to allow two (2) drive-through menu  boards with up to 40 square feet in total sign area per drive-through lane.  BACKGROUND  The City of Fowler Zoning Ordinance currently allows for restaurant uses with a drive-through to have one (1) additional sign for menu board purposes. Staff has received several development proposals recently requesting multiple menu boards for their multi-lane drive-throughs. These proposals cannot be fulfilled as the zoning ordinance allows only one drive-through sign per restaurant. The applicant, Commercial Neon Signs on behalf of Nematzadeh Enterprises Inc., proposed the following changes: Drive-through uses would be allowed two (2)menu boards per drive-through lane. Uses with two Each menu board would be allowed to be 27.1 square feet, up from 20 square feet.  (2)drive-through lanes could have a total of four (4) menu boards.  A: 2019 Drive-Thru Performance Study prepared by QSR (Quick Service Retail) Magazine studied 10 chains across 1,500 visits, and found that total time spent was reduced by 12 seconds per order with  the inclusion of a second menu board.    Below is a comparison of the City's sign standards to other area jurisdictions.  Max. Number Maximum 1 per restaurant 20 square feet 2 per restaurant 40 square feet  Total Sign Area Area Allowed (in square feet) 20 80 75  Jurisdiction Fowler Reedley Selma  of Boards  per Board  Fresno City, Clovis, Madera City Fowler Applicantproposed)  2 per drive-thru 20 square feet 40 per drive-thru 2per drive-thru 27.1 square feet 54.2 per drive-thru  No standard  After discussion with the applicant, staff recommend the following changes:  Drive-through uses would be allowed up to two (2) menu boards per drive-through lane. This means uses with two (2) drive-through lanes could have a total oft four (4) menu boards. Each drive-through lane would be allowed up to 40 square feet in signage. No single menu board Each drive-through sign's speaker box must be positioned away from residential district or Council requested clarifying modifications to the proposed text amendment, which can be found in Attachment A. These modifications were found to follow the original intent of the text amendment, and To summarize, here is an example proposal that would comply with the proposed ordinance:  shall exceed 25 square feet in area and 6 feet in height.  residential use.  does not need to be re-noticed.  Drive-Thru 1 Drive-Thru 2  Menu Board 1 Menu Board 2 Total Area  20 sqft 20 sqft 40 sqft  25 sqft 15s sqft 40 sqft  Each drive through has a total sign area that is equal to or less than 40 square feet, and no sign is greater than 25 square feet in area. Therefore, this proposal would comply with the proposed ordinance. The proposed text amendment would align the City's standards with the standards of most surrounding cities, while also allowing for some flexibility for restaurants needing more menu board sign area. Restaurants that need more sign area can seek administrative approval of a minor deviation to sign The Planning Commission reviewed the proposal at a July 1, 2021 regular meeting and recommended  standards.  adopting staff's recommended version oft the proposal.  ENVIRONMENTAL FINDINGS  Zoning Text Amendment No. 21-01 has beenreviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be exempt pursuant to CEQA Guidelines Section 15311 (Accessory Structures). There are six (6) restaurant locations in the City of Fowler with drive-throughs. Should these restaurants apply for a second drive-through menu board, no significant environmental    impacts would occur. Future locations of menu boards would be reviewed and approved under the None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. The proposed text amendment is not expected to have any significant effect on  Conditional Use Permit process.  the environment. Attachments:  A. City Council Ordinance    ORDINANCE NO. 2021-03  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTION 17, OF ARTICLE 22, OF CHAPTER 5, OF TITLE 9 OF THE FOWLER MUNICIPAL CODE, TO ALLOW MULTIPLE DRIVE-THROUGH MENU BOARDS THE CITY COUNCIL OF THE CITY OF FOWLER DOES ORDAIN. AS FOLLOWS: SECTION 1. Section 17, of Article 22, of Chapter 5, of Title 9 of the Fowler Municipal Code is Certain uses, because of their special sign needs or their allowance in several districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses Auto/RV only with Sales incidental (new 1. One freestanding sign may be provided per separate new car showroom.  hereby amended to read as follows:  shall as follows:  used vehicle sales)  The minimum distance between freestanding signs shall be 50ft. 2. Freestanding signs fori incidental used car sales shall be no higher than 14 ft. nor contain more than 36 sq. ft. in area. One used car freestanding sign shall be allowed per site with distance between signs the same as for new Not exceeding 32 sq. ft. ini total sign area for freestanding signs. One allowed per street frontage. Wall signs not to exceed one-quarter sq. ft. In addition to the sign area normally allowed, drive-up restaurants shall be allowed ene-up to two menu boards per drive-through lane notto-exceed AhamaAww with no single menu board exceeding 25 sq.ft.inarea and 6ft.i in height, and the total sign area per drive-through lane for two menu boards not exceeding 40 sq.ft. All outdoor speakers shall be directed away from any residential district or residential use. In addition to signs normally allowed, one "vacancy" sign not to exceed 5 One sq. ft. of sign area per front foot of building facing a public street not to exceed 100 sq. ft. per frontage, and one freestanding: sign not to exceed 35 sq. ft. per screen up to a maximum of 200 sq. ft. and a maximum height of181 ft. Changeable copy may be used for movie listings. Ar maximum of 50 sq. ft. as approved by the Director.  car sales.  Churches  per front foot of building.  Drive-in or Drive-up Uses Group Care Facilities Motels, Hotels Movie Theaters Outdoor Uses other than Temporary/Seasonal Outdoor Uses Temporary Fireworks Sales Including Mini- Markets/Gas, Car  One wall-mounted sign, not to exceed 3 sq. ft.  sq.ft.  Temporary A-frame and I-frame signs may be used. Total number of signs per street frontage shall be one not to exceed 25 sq. ft. in size nor six ft. in height. Maximum sign area for all street frontages shall note exceed 50 sq. from the face of the principal building (connected canopy is not a part of the principal building) providing that each does not exceed 5ft. in height, 3  ft.  Service Stations 1. Portable merchandise display signs may be located no farther than 6ft.    Wash/Gas and Combinations  ft.i in width nor 30 cu. ft. in area. A-frame and I-frame signs are not considered merchandise islands" within the meaning of this section. 2. Gasoline Price Signs. One permanently mounted free-standing price sign per street frontage shall be allowed. Such signs shall not exceed a total of 20 sq. ft. with a maximum height of 5ft. unless mounted on the freestanding business sign or the pump island supports in which case the height shall note exceed those allowed for the district. 3. Ina addition tot the gasoline signs allowed above, one or a combination of thet following gasoline price sign locations not to exceed 20 sq. ft. per street frontage may be displayed: a. on-building or window locations b.  pump island support locations. allowed sign area of the site.  Time/Temperature 1. The area of the time/temperature signs shall be counted against the  2. The sign shall be in keeping with the scale of the site and structure and shall not be located within 5001 ft. of a similar time/temperature sign. 3. Ifmounted ont the building, thet top of such sign shall not extend above the  roof line.  SECTION2. The City Council has determined that the Project is categorically exempt from the California Environmental Quality Act under CEQA Guidelines Section 15311 (Accessory  Structures).  SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.  SECTION4 4. 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. Ifas 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 tot the City Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is The foregoing ordinance was introduced at a regular meeting of the City Council held on  adopted. The summary shall be approved by the City Attorney.  2021, and was adopted at a regular meeting of said Council held on  2021, by the following vote, to wit:  AYES: NOES: ABSENT: ABSTAIN:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    ITEM  7B  FOWLER CITY COUNCIL  1908  ITEM NO: 7-B  REPORT TO THE CITY COUNCIL  September 7, 2021 FROM: SUBJECT  David Peters, City Engineer  Advanced Construction Permit for Tracts 5292  1. Consider approval of applicant's request for an Advanced Construction Permit related to Tract 5292 for grading activities only contingent upon the approval by the SKGSA board of the  purchase agreement for acquisition of the remainder parcel.  RECOMMENDATION  Staff recommends approval fori issuance of the Advanced Construction Permit related to Tract 5292 for grading activities only contingent upon the approval by the SKGSA board of the purchase agreement  for acquisition of the remainder parcel.  BACKGROUND  The Fowler City Council previously approved Tentative Subdivision Map 5292 for 143 residential lots at the southwest corner of Sunnyside Avenue and South Avenue. The approved tentative map includes a 2.6 acre remainder parcel in the southwest corner of the tract adjacent to the Kirby Canal. The developer, K Hovnanian Homes (KHOV), has prepared a 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 agroundwater recharge basin. A purchase agreement is scheduled to be considered by the SKGSA at its September 8, 2021 meeting. Ifapproved The purchase agreement allows KHOV to excavate the remainder parcel in the configuration of the recharge basin and utilize the excavated soil for grading operations on Tract 5292. In anticipation of the purchase agreement being approved, KHOV has requested the City of Fowler issue an Advanced Construction permit for grading activities only so that work can commence prior to the remainder parcel sale being finalized and priort to the Final Map being approved and recorded by the City. The Advanced Construction permit would require that the basin be backfilled and compacted if the sale of the  by SKGSA, the property would potentially close escrow in December 2021.    remainder parcel is not finalized as the excavated parcel would become a nuisance or hazard and would require mitigation by the developer. If SKGSA does not approve a purchase agreement, the  Advanced Construction permit will not be issued.  FISCAL IMPACT  The issuance of the Advanced Construction permit would have no fiscal impact as costs associated  with the housing tracts are funded by fees paid by the developers.  Attachments: TTM 5292  Advanced Construction Permit    A5: 543355. 39904  3AN3AV  3AN3A    ADVANCE CONSTRUCTIONI PERMIT! NO. JOBADDRESS ORI PHYSICAL LOCATION.  DEVELOPMENT ENTITLEMENTNO.  e Stafl! hus verifiedt that ther plans: arei technically correct andl havel been approved. Stafr has verifiedt thatt thel Inspection! Fees arep paid fort ther plans being permited. Staff! has verifiedt that therei is) NO ofl-site righl-of-way acquisition required fort thep planst being permitled. Staffl has verifiedi that InsuranceCerificutest have beenr received: and: arez approvedby Risk Management. Staff! has verificd that the Developer hass signedi they permit: and: acknowledged: all Advance Construction! Permit Provisions. ADYANCE CONSTRUCTIONI PERMIT PROVISIONS (Permiftee to Initial AUTHORIZATIONAND! REVOCATION. The City has approved Permittee' s request lo install portions of publici improvements. detailed in! Section2 2.b. prior tor recordationofaFinmal) Map. andt this Permit is: authorization 10 perform such work in accordance with this Permit. Int the event thatll Permiftce does not comply with all permito conditions. the City will: take allr necessary: actions. including revocations of the Permit. toi insure public safety and convenience: and willi invoice  I.  thet permitteet tor recovert thec costo ofs suchaction. 2 ATRISK' WORK. a  The work performed pursuant to this Permil shall be" "at-risk" to Permittee. The Permitlee agreest that ifthe! Final! Mapi for any reasoni isnot: approvedby City andi recorded hy the County Recorder withint twelve(12) months afler the execution of this Permit. Permittee will remove from the property any improvements or construction placed or constructed thercon pursuant to this Permit. provi ided thal at the option of City' s Public Works Director. Permittce may be directed to cap or otherwise alter suchi improvements top prevent same from becoming a nuisance or hazard. Except as provi ided in thef foregoing. Permitlee shall restore the property toi its conditioni immediatcly prior to the: addition ofa any improvements or construction. h Public Improvementst tobec considered: as part oft this/ Advance Constrction! Permit shalle only include: Improvements notl listed above arer noti included int the Advance Construction! Permit andi may only be IPerminec fails toc comply with thep provisionse oft thel Permit. City or any ofits duly authorized ollicers, employeesor: agents. are unconditionally permittedt tou entert upon thes Subject Property and: accomplishs suchr removal and restore the Subject Property 1oi its condition immediately prior 10 the addition of any improvements or d IrCity causes such remoral or: alteration of the improvements. the Permittee shall indemnify, holl harmless and defend City. its oflicers. employces. agents and volunteers from any claims. lawsuits. cosis. liability. damages or expenses of any nature. including without limitation. costs ofs suit and feesa ando espenses for legal services arisingo directly ori indireetly out of suchi removalor: alteration. in additiont to: asi may ber required! by e Ifther purchaser ofi ther remaindery parcel isnot finaliadhetweent thes eveloper: and: SKGSA: andt thet transfer ofthepropertyt IOSKGSAI isnoti made. ther remainder parcels shallbel backfilled. compacted: andr Irestorodtoisoriginal Prior toperforming any worki pursuant to this Permit. Permittee: shail fumish 10 City abond in thes sum Sisty-Five Thousand dollars (S200.000.00). which sum is equal to 100% of the total. estimated cost of the restoration worki in Section 2.c.. sccuring ther restorations work requiredi ini thec event thep property isnot translèrred to SKGSA and! Permittee fails 10 performs said work. Permittce shall maintain said bond fincluding periodic renewal as necessary) until such time as the! bondi is released by theCiy. Saidi faithful performance bond shall hei ins substantially the form provided in Section 66499.1 oft the Government Code, and shail be in a form a Permittee acknowlcdges: suchi improvements willh he: accepiedb by Cily only ifPermitice complies with: all applicableCitys standards. codes: and ordinances: anda arel located withinj public rights-of-waysas fixed: andd dedicated upon such tract map as may be finally approved by City, provided that in no case shall acceptance of such improvements be finalt until: approval and recordation ofi the Final Mapl by thel Fowler City Council and County Permittee understands and acknouledges that the improvements described herein shall be subject to acceptance or rejcction! by City uponi inspectiont thercof, andi upon the terms ando conditions contained herein. TRESPASS. This Permit shail in no way he construed: asa a grant by City ofs any right to! Permiltce 1o1 trespass upon landi rightfuily int they possession of. or ownedby. another. whether such! land hep privately orp publicly owned. 5. DUSTCONTROL Adequate dust control shall be maintained by Permittee in accordance with the City of 6 NO VESTED RIGHTS. No vested rights or entitlement are conferred by the issuance of this Advance 7. INDEMINIFICATION Tothel lunhest estent: allowedby law. Permittees shalli indemnify. holdharmlessa ando defend City and cach of its oflicers. oflicials. employe ces. agents and volunteers from any and alll loss. liability. fines. penalties. forfeitures, costs ando damages (whetheri in contraci. tort or strict liability. including but not limited top personal injury. death: at: any time and property damage) incured by Cily. Permittee or any other person, and from any and allo claims. demands: and actions inl law or equity (including attomey's fèes. litigation and legal expenses incured! by City orl heldto bet the liability of City. including plaintiff's or petitioner's s attomey S fees ifawarded. inc connection with City sdefense of its actions ina any proceeding). arising or alleged 1o have arisen directly or indirectly out of performance ori in: any way connected with: (i) the making of this Permit: (ii) the performance of this Permit: (ii)the performance or installation oft they work or improvements by Permittee and Permittce's employees. oflicers. agents. contractors or subcontractors: ort (iv) thed design. installation. operation. removal. maintenance or: alterationoft thev work: andi improvements. Pemmile'suhligeations under the preeeding sentence shall apply regardless of whether City or: any ofi its oflicers. oflicials. employces. agents or volunteers aret passively negligent. but shall not: apply 1o any loss. liahility. fines, penalties, forfeitures, costs or damages caused by the: activen or soles negligence. or the willful misconduct. ofCity or: any ofi its oflicers. officials. employees. agents IrPermittce: shoulds suhcontract: alle or any portion oft the work to be performed under this Covenant, Permitice shall require each suhcontractor! toir indemnify. holdharmless: andd defend City and cach of its oflicers. officials. employees. agents andy voluntcersi in: accordancer withi thet termse of thep preceding paragraphint this Scction. Notwit ithstanding thep preceding sentence. any suhcontractor whoi isa" "design profesional" as delinedi ins Section. 2782.8 oftheC Califomiacivilc Codes shall. in! lieu ofi indemnity requirements set fonhi ina abovei int the preceding paragraph int this Section 7. her required toi indemnify.  (i Grading Only completed afler recordation of thel Final Map.  construction. Section 7.1 below. L  condition prior 10 thei issuance oft this pemnit.  acceptablet tot the City. ACCEPTANCEOFI IMPROVEMENTS Recorder respectively. h  Fowler Public Works" Standard Specifications.  Construction! Permit or by inspection ofa any improvements construciedihereinler.  or volunteers,    hold harmless and delend City and each ofits ollicers. oflicials. employces. agents: and volunteers tot the furthest extent allowed! by law. from any and alll loss. liability. fines. penaltics. forfeitures, costs and damages (whetheri ine contract. tort or strict liability, including but notl limited lo personal injury. death: at any time: and property damage). and froma any and all claims. demands anda actions inl law ord equity (including reasonable: attomey's fees and litigation expenses) that: arise out of. periint to, orr relate to the negligence. recklessness or willful misconduct oft the design professional. its principals. oflicers. Permittce further agrees that the use for: any purpose and by any person of: any and all of the streets and improvements hercinbefore specified. shall be at the sole and exclusive risk of Permittee at all times prior to final INSURANCE. hroughout thel life of this Permit. Permittee shall pay for and mainain in full force and effct all policies ofi insurance described in this Section with an insurance companylies) either (i) admitted by the Califomia Insurance Commissioner to do business int the State ofCalifomia: andr rated not less than" "A-VIl"i in Best's Insurancel Rating Guide. or (ii) as may be authorized in writing by City" 's Risk Manager or his4 her designee: at any time and in hisher soles discretion. The required policies ofi insurance as stated below shall maintain limits of liability of: not lesst than those amounts slated thercin. However. the insurance limits available to City, is officers, officials. employees. agenis and volunteers as additional insured. shall be the greater of the minimum limits specified thercin or the full limit of: any COANERCALGENERALLABLTKICGL) insurance which shall be al least as broadas ther mostc current version of Insurance! Services Olle:1sO)Commacial Generall Liability Coveragel Form CG00 01. providing! liability coverage: arising out ofs your! business operations. The CGL. policy shall bes written ona an occurrence form and shall provide coverage for "hodily injury." "property damage." and "personal and advertising injury" with coverage for premises and operations lincluding the use of owned and non-owned equipment). products and compleiedoperations. and contractuall liability (including. without limitation. indemnity obligations under this Permit). withl limits ofl liability of noti less thant the following: ti) $2.000,000 per occurrence fort bodily injury and properly (ii) $2.000.0001 per occurrence fory personal anda advertising injury: (ii) $4.000,000: aggregate forj products: ando compkaialoperaionsanl,  emplayces. agents or volunteers inu the performance oft this Permit. acceptancel hy City ofthed completed: strect ando otheri improvements thercon andt therein. Thiss section: shall: survivet termination or expiration of this Permit.  &  insurance procceds to1 ther namedi insured:  damage:  liv) $4.000.000 general apgregate.  h COMNIRCALATTONONIEN LIABILITY (CAL)i insurance. whichs shall beal least as broad as thei most curent version ofl ISO Business Auto Coverage Form CA 00 01. providing liability coverage arising out ofl the ownership. maintenance or use ofa automobiles int the course ofy your business operations. The CAL. policy shall be written ona and occurrence form: ands shall provi ide coverage for all owned. hired. andi non-owned automobiles or otherl licensed vehicles (Code I-Any Auto)." with combined single limits of liability ofr notl less than S1.000.000 per: accident forh bodily injury andy properly damage. MORKERFCONFNSATION insurance: as requiredundert the Califomial abor Codewithal Waiver of Subrogation as (o the City. its ollicers. ollicials. agents. employces and volunteers: and_EMPLOYERS LIABILITY with minimum) limits of liability ofr not less than SI. 000,000 each: accident. $1.000.000 disease policy limit: ands $1.000,000 disease cach employee. d UMBRELLA OR EXCESS POLICIES. In the event Permittee. purchases an Umbrella or Excessi insurance policy (ies)tomeet ther minimum limits of insurance scl fonha above. thisi insurancepolicy (ies)s shail" "follow fom" and aflond nol less coverage than the primary insurance policy (ies). Any Excess insurance policy (ies) shall containa aj provision thats such coverage: shalla also: apply onar primary andi noncontributory basis fort thet benclitor theCity. its oflicers, oflicials. employees. agents: and volunteers. PIPICINISAI-NIRED RETENTIONS. Permitlee shall be responsible for payment declared to Dn1 the C 'ertificate of Insurance, and approved by, Civy's Risk of: any deductibles contained ini any insurance policiereqpuirdherein: andl Permittees shall: alsob ber responsible forp paymentofa any: self-insuredretmions Any deductibles or self-insured retentions must be Manager or his her designee. AL the option of City" s Risk (i) Thei insurer shallr reduces or climinate such deductibles or sell-insured retentions ast respects City. its oflicers. ollicials, employees. agents and volunteers:or (i) Permittee shall provide a financial guarantee. satisfctory to the City's Risk Manager or hisher designee. guaranteeing payment of losses and related investigations. claim administration: and defense expenses. Aln no times shali City ber responsible fort thepayr ment ofany deductibles ors elfinsunairetentions. ENDORSEMENTS The above described policies of insurance shall be endorsed by Permitce 10 providethat the coverage: shall not! hec cancelled. non-renewed. reducedi in coverage or inl limits except: aller thirty calendar days written noticel has been given 10 the City. exeept for the Workers' Compensation policy. which shall providea len calendar day written notice of: such cancellation of coverage. Int the event any policy is due to expire during thet term oft this Permit, Permittee, shall provide a new certificate, and: all: applicable endorsements, evidencing renewal of such policylies) not less than fifteen calendar days prior tot the expiration date oft the expiring policy(ies). Upon issuance by the insurer. broker. or agent of a notice of cancellation, non-renewal or reduction in coverage. Permittee. shall furish the City w ithar new certificate TheCGL. and CAL shall bec endorsed by Permitee pursunt tot (ij through (i). asf follows:  Manager or hisl her designee. cither:  C  and all: applicable endorsements fors such policy (ies).  (i) Tor name City. its officers, officials. agents. employees: andy volunteers as additional insureds and for: alld ongoing and completed operations by use ofl ISOE Form CG: 201 101 11 85 or both CG2 20 10 1001 and CG2 2037 1001 orl by and executed manuscript insurance company endorsement provi iding: additionali insured status ast broad ast that contained in ISOCGForm (ii) Fora any claims related tot this Permit. Permiltee'si insurance coverage shall bep primary with respect to Ciy. its officers. ofliciais, agents. employces and volunteers. Any insurance for sell-insurance maintained by City. its oflicers. oflicials, agents. employees and volunteers shall be excess of Permitle's insurance and shall not contribute with it. Pe emmitlce shall establish primary and noncontributory status by use ofl ISO Form CG2 2001 041 13 or by an execuled manuscript insurance company endorsement that provides primary and noncontributory: status: as broad: ast that contained in! ISOFommcG2001013  201 101 1185.    g  PROVIDINGOFI DOCUMENTS. Permittee: shall! have furnished City with thec certificate(s): and alla applicablee endorsements for ALLI requiredi insurance and approved by the City's Risk Manager or his/her designee prior to City'sexecution ofthis Permit. Upon request ofCity. Permittees shalli immediately furnish City with a completed copy of any insurance policy required under these provisions. including all endorsements. with said copy certified! by the underwriter to heat true and correct copy oft the original policy. This requirement shall survive termination or expiration oft this Permit. All non ISO endorsements amending h MAINTENANCEOF COVERAGE. The fact thal insurance is oblained by Permittee or hish herits subcontractors: shali not be deemed tor release or diminish the liabiliy of Permitiee or hisherits subcontractors including withoutl limitation. liability under thei indemnity provisions ofi this Permit. The duty toi indemnify City. itsoflicers. oflicials. gents. employces andv voluntecrs. shall apply toallclaims and! liability reganilessofwhcther anyi insurance policiesa are: applicable. Thep policy limits don not acia as al limitation upon the amount ofi indemnification: 10 be provided by Permittce or hisherlits subcontractors. Approval or purchaseof any insurance contracts or policies shalli inn nos way relieve from liability nor limit the liability ofPermittee. its principals. officers. apents. employces. persons under the supervision of Permittee, vendors. suppliers. invitees. subcontractors. consullants or anyone employedo directly ori indireetly by any ofthem. Tat: any time during the life oft this Permit or any extension. Permittee failst tor maintaint ther required insurance in full force: ande effect. the! Director of Public Works for City. or his her designee. may order that Permittee. or its contractors or subcontractors. immediatcly discontinue any further work under this Permit andt take all necessary actions tos secure the work: sitei 10 insure public! health: ands safety is protected. All payn ments due or that become duet to Permitice shal! be withheld until notice is reccivedb by City that the requiredi insurance has heen restoredt tot fuilf force and enect andi thatt thep premiums thereforehave heeny paid foraperiods satisfctory toCity. Any failure to maintain the required insurance shall bes suflicient cause for City 101 terminate this Permit. The phrase" fail ton maintain any requiredi insurance" shall include. without limitation. notification reccivedby City thal ani insurer has commenced proceedings, orl has had proceedings commenced: against it. indicating that thei insured SUBCONTRACTORS. I Permittee should subcontract all or any portion of the services to be performed under this Permit. Permittce shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Permitee shall ensure that the City. its oflicers. ollicials. employees. agents and volunteers are additional insureds. The: subcontractors" certificates: and endorsements shalll ber on! files with the! Permittee: and Ciy and: approvede by the City Manager or hisl her designee. NOTICES. Any noticer requiredo or intended lob beg givent 10 either party under thet terms ofi this Permit shalibein writing: ands shalll he deemedt tol he duly given if delivered personally or deposited into the United States mail, withy postage prepaid. addressedto thep party lowhich nolice is 10 be given at the parly's address set forth on the signature pagent this Permit ora at such other address as the parliesmay fromt time lot times designate by wrillen notice. KI ATIOADSISADCOSTS Ifeithery party ist requiredt to commmence: any proceeding orl legal action to enforce ori inerpret: any lerm or condition of this Permit. the prevailing party in such proceeding or actions shall bec entilledto recover from the other party ils reasonable atlomey's fees: and legal expenses, For the purposes of this Permit," "attorneys" fees" and "legal expenses" include. without limitation. paralegals" fees and expenses. atlomeys, consultants fces and expenses, expen witness fees: and expenses. and all other expenses incurred by the prevailing pany's attomeys in the courseofd ther representation of thep prevailing parly in: anticipation of and'or during the course ofl litigation. whether or not otherwise recoverable as" "attomeys" fees" or: as" costs" under Califomia law. and! thes same may hes sought: and: awarded in: accordancer with Califomiar procedure as pertaining to an award of contractual attomeys" fees. I1. COAPLANCNVTTLANN Inp performing obligations set forthi int this Permil. Pemmittee shall comply with alla applicable laws, regulations. and rules of all local. stale and federal govemmental agencies having jurisdiction including. without limitation. applicable federal; ands statel labur slandards and environmental laws andr regulations. Permittee shall comply witht thec codesor ordinances ofCivy including thel Fouler! Municipal Code. City Charter. andi Building Codes. 12 COMTRMNGIAVADVPNLE This Permit: shalll bes govemedh by. ando construed: and enlorced ina accordance with. the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or  policy coverage shall bec cxecuedby al licensed or authorized: agent orbroker.  isinsoivent.  :  interpretation of this Permit and: any rights and dutics hercunders shalll bel Fowler. Califomia.  (Attach signed Notary) Developer/ Permittee (company name): Printed' Name of Authorized Onicer:  Title: (Signature)  (Date)