08 FOWLER CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 15, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 SOUTH 5TH STREET FOWLER, CA 93625  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's Executive Order N-25-20 which suspends certain requirements of the Ralph M. Brown Act, and as a response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number listed below will provide access to the Please note: when joining the meeting you will be asked your name which will be used to  meeting via teleconference.  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 to have their phone set on "mute" to eliminate background noise or other interference Ifyou need accommodations such as interpreters, sign language signers, or the services of a translator, please contact the Clerk at (559) 834-3113 x102. To ensure availability, you are advised to make your request at least three business days prior to the meeting. 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 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 ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the  from telephonic participation.  documents may be posted on the City's website at www.owlercily.org  Council. 1. 2.  Meeting Called to Order Roll Call  Page 1of4    3.  Public Comment  This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person Member of the public may also submit comments to vasquez@diowercaus Include your name, and reference the agenda item you are commenting on, if any. Emails received by 8:00 am on the date of the meeting will be included for the Council's  and no more than 15 minutes per topic.  information at the meeting. Consent Calendar  4.  Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. If a Councimember requests additional information or wants to comment on an item, the vote should be held until the questions or comments are made, and then a single vote should be taken. Ifa Councilmember objects to an item, then it  should be removed and acted upon as a separate item. 4-A. RATIFY Warrants for June 15, 2021  4-B. APPROVE Minutes of the May 18, 2021 City Council Special Meeting 4-C. APPROVE Minutes of the May 18, 2021 City Council Meeting 4-D. APPROVE Minutes of the June 1, 2021 City Council Special Meeting 4-E. Consider second reading and Adoption of Ordinance No. 2021-02 Amending Sections 3-8.01 through 3-8.11, of Chapter 8, of Title 3, of the Fowler Municipal Code to Update the City's Development Impact Fee Ordinance for New Development, to Add New Fee Categories for Public Facilities, and to Amend Section 902 of the Fowler Subdivision Ordinance Pertaining to Park Fees and 4-F. Consider and Approve Resolution No. 2506 designating Fresno Street from 5th Street to 7th Street as the 2021/2022 SB1 Local Streets and Roads project.  Dedication of Land for Parks.  5.  Public Hearing  5-A. Joint Meeting of the City Council of the City of Fowler and the Fowler Public Financing Authority to Consider Adoption of Fiscal Year 2021/2022 Budget  Meeting called to order  ii. Adopt Resolution No. 2504, AI Resolution of the City Council of the City of Fowler, acting in its capacity as City Council to the City, successor agency to the former Redevelopment Agency, and as the Board of the Public Financing Authority, adopting the Final Annual Budget of the City of Fowler and providing for the appropriation and expenditure of all sums seti forth in said Final Budget for the 2021/2022 Fiscal Year  Page 20 of4    ii. Adopt Resolution No. 2505, A Resolution of the City Council of the City of Fowler Adopting the Annual Appropriations Limit for Fiscal Year 2021/2022 pursuant to Article XIIB oft the California Constitution iv. Adopt Resolution No. PFA 2021-01 A Resolution of the Fowler Public Financing Authority, County of Fresno, State of California, Adopting the Public Financing Authority Annual Budget and Appropriating Revenue of  the Authority for the 2021/2022 Fiscal Year  V. Adjourn Joint Meeting  6.  General Administration 6-A. City Manager's Office  i. ii.  COVID-19 Update City Facilities Reopening Plan  ii. Actions pertaining to Fiscal Year 2019-20 and Fiscal Year 2020-21 year- end close of the City of Fowler's financial records and assistance with the completion of the June 30, 2020 and June 30, 2021 audits. 1. Approve the First Amendment to the Accounting Consultant Services Agreement with Price Paige & Company, Accountancy Corporation (Price Paige), to provide professional consulting services for the City of Fowler's Finance Department in an amount 2. Approve Budget Amendment Resolution No. 2507 to appropriate $150,000 for FY 2019-20 and FY 2020-21 year-end close of the City of Fowler's financial records and assistance with the preparation of the June 30, 2020 and June 30, 2021 audits.  not to exceed $150,000.  6-B. Community Development Department Staff Communications - (City Manager) Councilmember Reports and Comments  i.  Workshop on Outdoor Dining Survey Results  7. 8. 9.  Adjournment  Next Ordinance No. 2021-03 Next Resolution No. 2508  Page 30 of4    CERTIFICATION: LA Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on Friday, June 11, 2021.  OupNas Angela Vasquez Deputy City Clerk  Page 4 of4 4    ITEM  4A  : & a    888888888 889 888 uug 89990998 BiAe  o  888 d8 d8 d8 d8 888888888 888 888 8 8888 8 d8 d d8 8888 8 000 o o o o 000000000 000 000 o 0000 o o o o 0000 o  088  4    3888888888888888888888888888888: d8 888888888888885 8  o 000000000000000 o    888888888888 8 d8 d8 888 8 8888888888 8 8 888888888888 000000000000 o o o 000 o 0000000000 o o 000000000000  388888881 0000000    de 8888 8 8888888888 8 8 888 8 d8 d0 d8 88888888 8 8 8 0000 o 0000000000 o o 000 o o o 00000000 o o o    888888888 8888 888 mo 29999888 4SA 998 Ss Aige  NNW  888888888 8888 8 888 888 888 8 8 d8 888 de d0 88 8 000000000 0000 o 000 000 000 o o o 000 o o - o o  909099 Dioy   E 3    AN 8608 893  2m HINNOEL 2  A S >  88888 88888888888 8 d8 888 888 d0 88 d0 888888 8888 00000 00000000000 o o 0o o 000 o 0o o 000000 0000    RR mme d0 As 2R o5 9  860 00  8888 888 888 8888 d0 d8 888888888888 8 888 88888888 88  0000 000 000 0000 o o  o 000 00000000 00  VNN 299  299  888 80 00 86    888888888 8 d8 d0 000000000 o o o    ITEM  4B  MINUTES OF THE. JOINT SPECIAL MEETING OF THE FOWLER CITY COUNCIL  AND CITY OF FOWLER PLANNING COMMISSION  TUESDAY MAY 18, 2021  Mayor Cardenas called the meeting to order at 6:02 p. m. Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia  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, Financel Director Moreno, City Engineer Brian Hammer, Kevin Kandarian, Craig Mellon (via phone), Adriana  Peters  Commissioners Present: PUBLIC PRESENTATIONS There were. no public presentations.  Prado, Cesar Rodriguez  WORKSHOP  City Attorney Cross conducted the first hour of Biennial Ethics Training as Required by. AB 1234 for elected and appointedo officials. The second hour will be completed at a later date.  ADJOURNMENT  Having no further business, the meeting adjourned at 6:58 p.m.    ITEM  4C  MINUTES OF THE. FOWLER CITY COUNCIL MEETING  Tuesday May 18, 2021  Mayor Cardenas called the meeting to order at 7:05 p. m.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra (via phone)  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Fire Chief Lopez, City Planner Marple, City  Engineer Peters, Deputy City Clerk Vasquez  3.  CEREMONIAL PRESENTATIONS  3-A. Proclamation, "National Public Works Week"  Public Works Director Dominguez read the National Public Works Week proclamation and commended: stafffor their hard work and dedication. crimes against Asian Americans and Pacific Islanders (AAPI)" Councilmember Kazarian, presented the proclamation.  3-B. Proclamation, "In solidarity to condemn racism, xenophobia, violence, and hate  4.  PUBLIC COMMENT  Planning Commissioner Mellon addressed the council.  5.  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. PUBLIC HEARING  6.  6-A. Public Hearing to Consider Various Items Pertaining to Development Impact  Fees and Quimby Act Fees for New Development  City Engineer Peters presented the item. City Engineer Peters stated the last time development impact fees were studied was in. June 2000 and determined due to the changing complexity of projects it was essential to update the study at this time. Councilmember Kazarian noted he requested: staff to look) further at the creation of Incentive Zones and agreed with moving. forward with the expectation that staff make reasonable efforts in the future to study the implementation of Incentive  Zones.    i. C-ArROAL-Dhnitret Impact Fee. Justification Study,  dated May 14, 2021, Prepared by DTA There was no public comment.  Councilmember Kazarian made a motion to approve, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: ii. Consider Introduction of Ordinance No. 2021-02, An Ordinance Amending Sections 3-8.01 Through 3-8.11, of Chapter 8, ofTitle 3, of the Fowler Municipal Code to Update the City's Development Impact Fee Ordinance for New Development, To Add New Fee Categories for Public Facilities, and to Amend Section 902 of the Fowler Subdivision Ordinance Pertaining to Park Fees and Dedication ofLand for Parks  Kazarian, Parra, Cardenas, Mejia, Rodriquez.  There was no, public comment.  Mayor Pro-Tem Rodriquez made a motion to accept, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: iii. Consider APPROVAL of Resolution No. 2502, Al Resolution ofthe City Council of the City of Fowler Approving the Amount of Development Impact Fees and Quimby Act Fees for New Development in the City of  Rodriquez, Mejia, Cardenas, Kazarian, Parra.  Fowler  There was no, public comment.  Councilmember Kazarian made a motion to approve, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes:  Kazarian, Mejia, Cardenas, Parra, Rodriquez.  7.  GENERAL ADMINISTRATION  7-A. COMMUNITY DEVELOPMENT DEPARTMENT  WORKSHOP ON OUTDOOR DINING  Community. Development Director Gaffery and City Planner Marple shared apresentation on outdoor dining on. Merced. Street andi requested feedback on a few items which included dining platforms and alley dining. The presentation included photos ofoutdoor dining areas. from Kingsburg and Redlands. City. Manager Quan noteda Merced Street workshop will be held soon to get feedback on topics including parking time zones, parking    citations, and ADA upgrades. It was the consensus of the Council to keep the temporary outdoor dining component and will give input at the  upcoming Merced Street workshop.  7-B. CITY MANAGER'S OFFICE  COVID-19 Update  City Manager Quan reported COVID-19 positive cases and death rate has not changed for almost a month and. 50 percent ofresidents are vaccinated. City Manager Quan also noted the City will begin transitioning back to the Economic Opportunities Commission providing senior meals which will be halfthe cost. Staffanticipates the Senior Center will open in late. June. City Manager Quan announced Fresno County Department of Public Health notified. staffyesterday they would like to incentivize people by giving gift cards to those who receive the COVID-19 vaccine. FCDPH would like to purchase 200 gift cards in the City of Fowler. Staff is going to recommend the gift cards be purchased at the six businesses who were, providing senior ii. APPROVE Resolution No. 2503 declaring the property located at the northwest corner of South 7th Street and East Vine Street (APNs 343- 233-02ST and 343-233-03ST) to be surplus and directing staff to Community Development Director Gafferyreviewed the vicinity map with Council and explained the City has been approached with interest in the property. Director Gaffery stated that with Council's approval staff will moveforwardwith the Surplus Land Act noticing requirements. Councilmember Kazarian made a motion to approve, seconded by MayorPro-Tem Rodriquez. The motion carried by roll call vote: Ayes:  meals to help offset their revenue loss.  comply with the Surplus Land Act  Kazarian, Rodriquez, Cardenas, Mejia, Parra.  7-C. PUBLIC WORKS DEPARTMENT  Approve Resolution No. 2499, a Resolution of the City of Fowler Approving Agreements with Sitelogiq, Inc. and Advanced Lighting Services, Inc. for energy conservation improvements pursuant to Government Code Section 4217.10, et. seq. (Item requested to be Public Works Director Dominguez requested that approval of Resolution  removed and re-noticed at a later date) No. 2499 be moved to a later date.    A motion was made by Councilmember Kazarian, seconded by Mayor Pro-Tem Rodriquez. The motion carried by roll call vote: Ayes:  Kazarian, Rodriquez, Cardenas, Mejia, Parra. ii. Receive and File: Solid Waste Rate Update  Public Works Director Dominguez presented the item. ii. Review of proposed gateway landscaping and wayfinding signage at the intersection of Golden State Boulevard and Merced Street  Provide staff direction and authorize City Engineer to request the Fresno County Transportation Authority include gateway landscaping and wayfinding signage at the Golden State Boulevard and Merced Street into the Golden State Boulevard Corridor project City Engineer Peters updated Council on the Golden State Boulevard Corridor project design progress and. stated construction should begin in approximately one year and will be completed in two years. City Engineer Peters shared renderings of monumentation signage and enhanced landscaping. The Council was pleased with the renderings with some recommendations; specifically adding an arch sign and a brick crosswalk.  8.  STAFF COMMUNICATIONS- (CITY MANAGER)  8-A. POLICE DEPARTMENT  Police ChiefAlcaraz handedout DOJcrime. stats for the month ofApril. 2021. Chief Alcaraz reported the Virtual Business Awareness Discussion went very well.  8-B. PUBLIC WORKS DEPARTMENT  Public Works Director Dominguez reported the water meter data collector has been repaired and should arrive by the end of the week. Public Works Director Dominguez also reported the back-up generator for the primary well site was  installed. last week.  8-C. PLANNING DEPARTMENT  City Planner Marple reported the REAP grants through Fresno COG will be  approved at the end of the month.  9.  COUNCILMEMBER REPORTS AND COMMENTS  Mayor Cardenas reported. he met with the Mosquito. Abatement District and they are preparing to celebrate their 75thA Anniversary on October 22, 2021. Mayor Cardenas also reported he met with    Fresno County Transportation Authority earlier this week regarding the renewal of Measure C Councilmember Parra reported he is participating in Legislative Action Days. He met with Senator Hurtado today and is meeting with. Assemblymember. Arambula later this week. Councilmember Kazarian stated he addressed the court regarding the David Elias matter. Mr. Councilmember Mejia reported the 4"h ofJulyfireworks celebration will be COVID safe this year with aa dual: show at 9:15p.m. The music for the showwill be ynchronizedcourtesy@fradiostation KKDJ. Councilmember Mejia also reportedi there will be agraffiti cleanup this weekendorganized  possibly being on the 2022 ballot.  Elias will pay the City ofH Fowler $34,850 over a two-year, period.  by Travis and. Sarah Feaver ofYoung Life. 10. CLOSED SESSION  Mayor Cardenas stated he owns real property within 1,000 feet of the real property being discussed and would recuse himself. from the discussion of this item in closed session. No  reportable action was taken on the item. 11. ADJOURNMENT  Councilmember Kazarian made a motion to adjourn, seconded by Councilmember Mejia.  The motion carried and the meeting adjourned at 8:41 p.m.    ITEM  4D  MINUTES OF THE FOWLER CITY COUNCIL MEETING  Tuesday June 1,2021  Mayor Cardenas called the meeting to order at 3:05 p. m.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra  City Staff Present:  City Manager Quan, Police Chief Alcaraz, Public Works Director Dominguez, Community Development Director Gaffery, Fire Chief Lopez, City Planner Marple, Finance Director Moreno, Interim Finance Director Sanchez, Deputy City Clerk Vasquez, Senior  Center/Recreation Coordinator Hernandez  3.  WORKSHOP TO INTRODUCE THE PROPOSED FY 2021-22 BUDGET - NO  ACTIONTO BE TAKEN  Department heads gave an overview oflheirrespective budgets.  4.  ADJOURNMENT  Councilmember Kazarian made a motion to adjourn, seconded by Councilmember Mejia.  The motion carried and the meeting adjourned at 4:27 p.m.    ITEM  4E  FOWLER CITY COUNCIL  1908  ITEM NO: 4-E  REPORT TO THE CITY COUNCIL  June 15, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to adoption of new and updated development impact fees.  1. Consider second reading and adoption of Ordinance No. 2021-02 amending sections 3- 8.01 through 3-8.11, of Chapter 8, of Title 3, of the Fowler Municipal Code to update the City's development impact fee ordinance for new development, to add new fee categories for public facilities, and to amend Section 902 of the Fowler Subdivision Ordinance  pertaining to park fees and dedication of land for parks.  RECOMMENDATION  Staff recommend the City Council adopt Ordinance No. 2021-02.  BACKGROUND  The City of Fowler imposes impact fees on proposed development projects within the City boundaries, pursuant to the Mitigation Fee. Act (Government Code section 66000, et. seq.). These fees are collected to fund infrastructure and other services necessary to support and serve the developments. Chapter 8, of Title 3, of the Fowler Municipal Code establishes the City's development impact fees program as currently authorized fees for: (1) general facilities and equipment necessary for the administration of the City; (2) law enforcement facilities and equipment; (3) fire protection and suppression facilities and equipment; (4) storm drainage facilities; (5) water supply facilities; and (6) wastewater facilities. Ordinance No. 2021-02 adds two new impact fees for groundwater recharge and traffic facilities. The amount of the development impact fees are determined by studies performed periodically to accurately account for and determine costs for development related infrastructure and services. An updated development In addition to the development impact fees, the City established a program for the dedication of land by developers for neighborhood parks pursuant to Government Code section 66477 ('the Quimby Act'). Section 902 oft the Fowler Subdivision Ordinance authorizes the City to collect a fee in lieu of land dedication for such parks. This fee-in-lieu is separate from the development impact fee for parks and recreation facilities recommended by the Development Impact Fee Justification  impact fee study was approved by Council on May 18, 2021.  Study.    Staff recommends updating the existing development impact fee program to reflect current public facilities plans, to add new fee categories for traffic facilities and groundwater recharge facilities, and to clarify the dedication and fees required for neighborhood and other parks. Staff recommends that the Council adopt Ordinance No. 2021-02 which adds new fee categories Ai first reading of Ordinance No. 2021-02 was held at the May 18,2021 City Council meeting.  for public facilities and clarifies the fees applicable to parks.  FISCAL IMPACT  Adoption of the Ordinance will allow for the collection of fees to fund infrastructure necessary to serve new development. If the Council chooses not to adopt the Ordinance the City may not be  able to fund essential infrastructure to sustain development.  Attachments:  Ordinance No. 2021-02    ORDINANCE NO. 2021-02  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOWLER AMENDING SECTIONS 3-8.01 THROUGH 3-8.11, OF CHAPTER 8, OF TITLE3,OFTHE FOWLER MUNICIPAL CODE TO UPDATE THE CITY'S DEVELOPMENT IMPACT FEE ORDINANCE FOR NEW DEVELOPMENT, TO ADD NEW FEE CATEGORIES FOR PUBLIC FACILITIES, AND TO AMEND SECTION 902 OF THE FOWLER SUBDIVISION ORDINANCE PERTAINING TO PARK FEES AND DEDICATION OF  LAND FOR PARKS  The City Council ofthe City of Fowler hereby ordains as follows:  Section 1. Sections 3-8.01 through 3-8.11, of Chapter 8, ofTitle 3, of the Fowler Municipal  Code are hereby amended to read as follows:  3-8.01  Establishment, purpose and use of development impact fees.  A. The purpose oft this Chapter is to create and establish development impact fees for the City which shall be used to mitigate adverse impacts to public facilities attributed to new development in each of the following categories: (1) General Facilities and Equipment necessary for the administration oft the City which are not listed in any one oft the other categories of Essential Infrastructure; (2) Law Enforcement Facilities and Equipment; (3) Fire Protection and Suppression Facilities and Equipment; (4) Storm Drainage Facilities; (5) Water Supply Facilities; (6) Wastewater Facilities; (7) Traffic Facilities; (8) Groundwater Recharge Facilities; For convenience, all of the development fees SO established shall be referred toi in this Chapter in the singular, as "the fee." Specifically, the fee shall be used by the City toj pay aj portion oft the costs of designated public facilities impacted by new development. The fee shall be based on a method designed to ensure that developers pay their fair share oft the cost of such public facilities B. The City Council finds that the existing General Facilities and Equipment, Law Enforcement Facilities and Equipment, Fire Protection and Suppression Facilities and Equipment, Storm Drainage Facilities, Water Supply Facilities, Wastewater Facilities, Traffic Facilities, Groundwater Recharge Facilities, and Parks and Recreation Facilities will be inadequate to accommodate the needs generated by projected new: residential, industrial and commercial growth, including public facility development, in the City, and that additional services, facilities and equipment are needed to protect and promote the health, safety, and welfare of Fowler residents and businesses. This finding is based upon data included in the Fowler Development Impact Fee. Justification Study, dated May 14, 2021 and the Selma- Kingsburg-Fowler County Sanitation District Connection Charge Study, dated April 2002 ("Justification Studies"), Capital Improvement Plans, Capital Improvement Program, and any  and (9) Parks and Recreation Facilities.  required to serve the City's growing population.  1    other reports on file with the City, and on such other information provided to the City Council at the public hearing concerning the adoption of fees pursuant to this Chapter, including reports from the City Engineer, City Manager, and such consultants as the City Council deemed C. The necessary public facilities are identified in the Justification Studies, Capital Improvement Plans or other reports on file with the City. Facilities may be added to or deleted from the. Justification Studies and subsequent Capital Improvement Plans, but the City Council directs that the fee shall be used only for public facilities in any one oft the categories of Essential Infrastructure, as that term is defined in this Chapter, for which the fee was collected. D. The City desires to require new development to pay its fair share oft the cost to expand the public services, facilities, and equipment that will be necessary to serve residential, industrial and commercial development, including public facility development. The purpose of this Chapter is toe establish the appropriate method ofinsuring that sufficient funding for General Facilities and Equipment, Law Enforcement Facilities and Equipment, Fire Protection and Suppression Facilities and Equipment, Storm Drainage Facilities, Water Supply Facilities, Wastewater Facilities, Traffic Facilities, Groundwater Recharge Facilities, and Parks and Recreation Facilities is available to serve residential, industrial and commercial growth, including public E. The failure to impose the conditions and regulations ofthis Chapter on new development as defined herein would jeopardize residents ofthe community, in that it would permit construction and development to proceed without adequate General Facilities and Equipment, Law Enforcement Facilities and Equipment, Fire Protection and Suppression Facilities and Equipment, Storm Drainage Facilities, Water Supply Facilities, Wastewater Facilities, Traffic Facilities, Groundwater Recharge Facilities, and Parks and Recreation Facilities or adequate F. To determine the need for General Facilities and Equipment, Law Enforcement Facilities and Equipment, Fire Protection and Suppression Facilities and Equipment, Storm Drainage Facilities, Water Supply Facilities, Wastewater Facilities, Traffic Facilities, Groundwater Recharge Facilities, and Parks and Recreation Facilities created by new residents and job holders and to spread the costs of such facilities among those who create the need for them, the City conducted the. Justification Studies. The Justification Studies estimated the number and type of General Facilities and Equipment, Law Enforcement Facilities and Equipment, Fire Protection and Suppression Facilities and Equipment, Storm Drainage Facilities, Water Supply Facilities, Wastewater Facilities, Traffic Facilities, Groundwater Recharge Facilities, and Parks and Recreation Facilities to meet the needs created by new development and the costs ofs such services, facilities and equipment. The fee established by this Chapter shall be calculated in the manner called for in the. Justification Studies, and as approved by the City Council, as those reports may be supplemented or amended from time to time, in order that the impact upon services, facilities and equipment is borne by the type of development causing the need for such  necessary.  facilities development, in the City.  means to finance such services, facilities and equipment.  2    services, facilities and equipment.  G. The fee established by this Chapter is in addition to any other fees or charges or taxes, H. Fees charged by the City for connection to the water system shall remain as currently adopted in Title 6, Chapter 4, Article 5, Section 6-4.502 of the Fowler Municipal Code as such section is amended by the Ordinance codified in this Chapter. Such connection service charges are: not considered development impact fees and subject to Section 66000 ofthe California  required by law or City Code as a condition of development.  Government Code. 3-8.02 section: through 2040.  Definitions.  For purposes of this Chapter, the following words shall have the meanings indicated in this A. Build Out ofthe City. The projected population and land uses developed within the City B. Essential Infrastructure. Each of the following, including any Related Facilities:  1. 2. 3. 4. 5. 6. 7. 8. 9.  General Facilities necessary for the administration oft the City which are not listed  in any one oft the other categories of] Essential Infrastructure; Law Enforcement Facilities and Equipment;  Fire Protection and Suppression Facilities and Equipment;  Storm Drainage Facilities; Water Supply Facilities; Wastewater Facilities; Traffic Facilities;  Groundwater Recharge Facilities; and Parks and Recreation Facilities.  C. Fire Protection and Suppression Facilities and Equipment. Any capital improvements or capital equipment related to the Fowler Fire Department and the delivery of fire protection and suppression services, based on studies adopted by the City or associated with a Capital  3    Improvement Program, or any ofthem, to provide fire protection and suppression services to the new development which is projected to come into the City between the effective date ofthis ordinance and Build Out oft the City at a level which is comparable to the level currently  provided to the existing residents oft the City.  D. General Facilities and Equipment. The additional space at City Hall, City offices located elsewhere, City parking areas, and similar facilities, along with necessary equipment in or through which the City conducts general City operations, that will accommodate the growth in City government which is projected to come into the City between the effective date oft this ordinance and Build Out of the City at a level which is comparable to the level currently E. Lawl Enforcement Facilities and Equipment. Any capital improvements or capital equipment related to the Fowler Police Department and the delivery of police services, based on studies adopted by the City or associated with a Capital Improvement Program, or any ofthem, to provide police protection services to the new development which is projected to come into the City between the effective date of this ordinance and Build Out of the City at al level which is comparable to the level currently provided to the existing residents oft the City. F. New Development. Any residential, commercial, industrial, public facility, or other institutional development which occurs in the City after the effective date oft this ordinance and/or any amendment to this ordinance, including but not limited to development on any SO- G. Related Facilities. Any major landscaping, fountains, monuments, signs or similar facilities, activities and operations ofa general benefit to the City which will be necessary in order to construct adequate facilities to meet the needs ofr new development within the City, based on studies adopted by the City or associated with a Capital Improvement Program, or any H. Storm Drainage Facilities. All of the storm water collection, retention and disposal facilities, including storm water mains, ditches, canals, pumps, pump stations, retention basin, detention basins and related facilities which are necessary for the purpose of collecting storm water run off and transporting it to the appropriate storm water basin as will be required, based on studies adopted by the City or associated with a Capital Improvement Program, or any of them, to provide storm water collection and disposal services to the new development which is projected to come into the City between the effective date of this ordinance and Build Out oft the City. The fee does not include any such facilities which the developer is required to provide himself that are not part oft the Capital Improvement Program that must be installed as part of the  provided to the existing residents of the City.  called "in-fill" lots.  ofthem.  development improvements.  I.  Water Supply Facilities. All ofthe domestic water production facilities, including water wells, water pumps and pump stations, major transmission lines from the point of uptake and any  4    water treatment facilities or associated treatment equipment or monitoring devices or equipment, and related facilities which are necessary for the purpose ofs supplying domestic water to the to any water treatment or storage facility for the storage of domestic water for consumption or fire flow reserves, and related facilities for the production of domestic water as may be required, based on studies adopted by the City or associated with a Capital Improvement Program, or any oft them, toj provide water delivery services to the new development which is projected to come into the City between the effective date oft this ordinance and Build Out oft the City. Wastewater Facilities. Allofthe wastewater facilities located within the City ofFowler, including pump stations, interceptor sewers, monitoring devices or equipment, and related facilities which are: necessary for the purpose ofr receiving wastewater interceptor flows generated within the City ofFowler for the transmission, treatment, and disposal of the wastewater by the Selma-kingsburg-lowler County Sanitation District ("SKF"), as may be required, based on studies adopted by the City and SKF or associated with a Capital Improvement Program, or any ofthem, to provide wastewater services to the new development which is projected to come into the City between the effective date ofthis ordinance and Build Out oft the City. The fee does not include any such facilities which the developer is required to provide himselfthat are not part of the Capital Improvement Program that must be installed as K. Traffic Facilities. All ofthei infrastructure, including streets, medians, street markings, street widening, safety barriers, intersection improvements, traffic signals, and related facilities which are necessary to provide safe and efficient vehicular access throughout the City, based on studies adopted by the City or associated with a Capital Improvement Program, or any ofthem, that will accommodate the transportation demand ofnew development and population growth which is projected to come into the City between the effective date oft this ordinance and Build Out oft the City. The fee does not include any such facilities which the developer is required to provide himselft that are. not part of the Capital Improvement Program that must bei installed as L. Groundwater Recharge Facilities. All oft the land acquisition, recharge basin development and improvement, conveyance pipelines and facilities, and related facilities which are necessary for the purpose of groundwater recharge, based on studies adopted by the City or M. Parks and Recreation Facilities. All oft the land acquisition, park improvements, park renovation, and related facilities which are necessary for the purpose of providing parks space and recreation opportunities for the City, based on studies adopted by the City or associated with ac Capital Improvement Program, or any oft them, to accommodate the growth in population which is projected to come into the City between the effective date of this ordinance and Build Out ofthe City. The fee does not include any such facilities which the developer is required to provide himself that are not part oft the Capital Improvement Program that must be dedicated and/or installed as part ofthe development improvements. Specifically, this fee is separate and  J.  part of the development improvements.  part of the development improvements.  associated with a Capital Improvement Program, or any of them.  5    distinct from any requirement to dedicate land or pay a fee for park and recreational facilities pursuant to Section 902oft the Fowler Subdivision Ordinance (Park and Recreation Fees) as that requirement may be amended, and the Quimby Act (Government Code section 66477), and from the requirement toj provide open space pursuant to Section 9-5.1605(K) ofthe Fowler. Zoning  Ordinance or any later enacted or amended requirement.  3-8.03  Relationship between the use of the fee and the type of development upon  which the fee is imposed.  The City Council determines that there is ai reasonable relationship between the use oft the fee for each oft the specified categories of Essential Infrastructure and Related Facilities and the type of development project for which the fee isi imposed for the following reasons: A. The City Council finds that the use of the fee generated from new residential development for all Essential Infrastructure and Related Facilities is reasonable because growth ini residential population places additional demands on all Essential Infrastructure and Related Facilities, which in turn, ultimately results in a need for additional government and public facilities and equipment for Essential Infrastructure and Related Facilities. B. The City Council finds that use of the fee generated from new commercial and industrial development, including public facilities development, for all Essential Infrastructure and Related Facilities, is reasonable because new commercial and industrial development, including public facilities development, creates a demand for additional Essential Infrastructure and Related Facilities, which in turn, ultimately results in ai need for additional government and public facilities and equipment for Essential Infrastructure and Related Facilities. C. The fee for each of the categories ofl Essential Infrastructure and Related Facilities will be used toj provide the additional or expanded public services and facilities required for each ofthe respective categories of] Essential Infrastructure and Related Facilities in order toj provide a level ofs service for additional growth and development that is comparable to the existing public services and facilities. The fee for each oft the categories of] Essential Infrastructure and Related Facilities may be used to acquire land and equipment, expand and improve existing facilities, and construct and install new facilities and equipment in each oft the respective categories of  Essential Infrastructure and Related Facilities.  E. The City Council further finds that funding of the costs of] Essential Infrastructure and Related Facilities, including capital equipment based on studies adopted by the City or associated with a Capital Improvement Program accomplishes the goals and purposes set forth in this Chapter and that the use of revenues generated by the fee for projects and outlays set forth in studies adopted by the City or associated with a Capital Improvement Program is warranted and  justified.  6    3-8.04  Relationship between the need for the additional public facilities and the type  ofd development.  For all ofthe Essential Infrastructure and Related Facilities, the City Council is committed to maintaining the same level of public facilities and services and the same facilities-to-population relationship which existed on the date ofthe most recent amendment ofthis Chapter or to achieve al level-of-service desired by the City for new development in order to ensure that, to the extent that growth oft the City occurs in the future, there will be an adequate level of public facilities and services. The City Council determines that a reasonable relationship exists between the need for additional public facilities, equipment and operations for which the fee is designed toj pay, and the type of development project for which the fee isi imposed for the A. The City Council finds that newi residential development, including newi mobile home park development, results in significant increases in City population and that such residential development adversely affects the public acimtues-to-popuation relationship which existed on the date oft the adoption and any amendment oft this Chapter. The City Council has further determined that because residential development results in significant increases inj population, such development results in the need for Essential Infrastructure and Related Facilities. B. The City Council finds that new commercial and industrial developments, including public facilities development, result in ai need for additional public services which, in turn, ultimately result in a need for additional government and public facilities and equipment for  following reasons:  Essential Infrastructure and Related Facilities.  3-8.05  Amount off fee.  The fee shall be established by resolution adopted by the City Council, based upon the Justification Studies, as those studies and reports may be subsequently amended or supplemented, and upon a determination that there is ai reasonable relationship between the amount of the fee and the cost of the public facility or portion attributable to development of which the fee is imposed. The amount oft the respective fees established pursuant to this Chapter Ifthe developer requests and the City agrees to allow the developer to dedicate land, acquire equipment or install facilities that are part oft the Capital Improvement Program in lieu ofall or a portion ofa particular fee(s), the value oft the dedicated land and/or actual cost ofthe equipment and/or installation of facilities may be credited against the respective fee(s) for Essential Infrastructure and Related Facilities and other development fees contained in this Chapter that  shall be rounded up to the nearest whole dollar.  would be collected as a result oft the development.  3-8.06  Inflationary adjustments.  The fee established by this Chapter may be adjusted each calendar year to account fori inflation based on the National Average Construction Cost Index as published by the Engineering News  7    Record, or similar construction cost indexes. Such increase shall be subject to City Council review and approval by resolution, and is not deemed an increase in the amount ofthe fee subject to the provisions ofs Sections 66000, et seq., ofthe California Government Code.  3-8.07  Payment of fee.  Any owner or developer applying for al building permit for commercial or industrial development, including public facilities use, shall be assessed and shall pay the fee in conjunction with payment for the building permit subject to the provisions ofGovernment Code Any owner or developer applying for al building permit for residential development shall be assessed and shall pay the fee in conjunction with the payment of the building permit, subject to the provisions of Government Code Section 66007, or where not authorized, upon the earlier of In the case of parcel maps or subdivisions, the fee shall be paid on a lump sum basis, as follows: A. When the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first, that portion oft the fee shall be paid which represents payment for each oft the following: general facilities; law enforcement facilities, and fire department B. Asa condition of filing the final subdivision map, that portion ofthe fee shall be paid which represents payment for each ofthe following: storm drainage facilities, water supply facilities, wastewater facilities traffic facilities, groundwater recharge facilities, and parks and  Section 66007.  the final inspection or the date the certificate of occupancy is issued.  facilities.  recreation facilities 3-8.08  Exempted activities.  Any owner or developer engaging in development activities which satisfy the following criteria  shall not be required toj pay the fee:  A. An alteration which does not increase the floor area ofas structure; addition ofa dwelling unit as defined by the Uniform Building Code;  B. An addition to a single family residential dwelling unit which does not constitute the  C. Completed structures;  D. Structures under construction for which a valid building permit is in force upon the effective date oft the ordinance codified in this Chapter unless such building permit contains an  express condition requiring the payment of this fee;  8    E. Construction within a subdivision which is covered by a development agreement entered into between the developer and the City under Government Code Section 65864, et seq., which agreement is in full force and effect and expressly prohibits the imposition of additional police,  fire and general governmental fees; and  F.  Building permits for projects with a vesting tentative map approved prior to the effective date oft the ordinance codified in this Chapter, provided that the vesting tentative map did not require the payment ofa fee to mitigate such impacts or include a condition for mitigation for  impacts on police, fire and general governmental services or facilities.  Ifany residential structure in existence at the time of the adoption oft the ordinance codified in this Chapter is destroyed by fire, explosion, act ofGod or act of public enemy to the extent of more than one-halfthe value thereof, any rebuilding after the date of such destruction shall not be subject to the fee imposed by the Chapter provided the area ofs such structure is not increased by more than 10 percent. For the purposes oft this Chapter, the value shall be determined by the City building inspector based upon the cost ofreplacement.  Additions to existing commercial or industrial structures shall be subject to the fee Nothing in this Chapter shall prohibit these regulations from applying to such projects if existing entitlement expire and/or the applicant applies for a new approval subject tot the provisions oft this Chapter. The City Manager or his or her designee may issue regulatory  established by the Chapter.  guidelines to administratively implement this Section.  Ini the event of any reduction or adjustment ini the fee granted pursuant to this Section, any later change in the use, zoning or land use designation for the property involved shall subject the owner to payment of the then applicable fee for such new uses, zoning or land use  designation, whether or not a building permit is required.  3-8.09  Fee modification or reduction.  A. The developer of any project subject to the fee established by this Chapter may apply to the City Council foral reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts oft the project and either the amount oft the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the City Clerk not later than ten (10) calendar days after notification oft the amount oft the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The City Council shall consider the application within sixty (60) days after the filing of the fee adjustment request. The decision of the City Council shall be final. No building permit shall be issued for the project until the final decision pursuant to this Section has been made. No application for aj project shall be considered final or complete for purposes oft the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this Section  9    has been made.  B. Notwithstanding the provisions of subsection A ofthis Section, aj project proponent or applicant may; pay the fee "under protest" and receive a building permit. An application for reduction or adjustment pursuant to subsection A ofthis Section shall be filed within ten (10) calendar days after payment under protest and if not so filed, any objection shall be deemed waived. Ifareduction or adjustment is made after payment pursuant to this subsection, the applicant shall be refunded the amount by which the fee is reduced or adjusted. C. The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by aj preponderance oft the evidence, that a reasonable relationship or nexus is lacking between the fee, or facilities or services to be financed by the fee, and the particular D. Ini the event of any reduction or adjustment in the fee granted pursuant to this Section, any later change in the use, zoning or land use designation for the property involved shall subject the owner to payment of the then applicable fee for such new uses, zoning or land use  project.  designation, whether or not al building permit is required.  3-8.10  Accounting for funds.  A. Pursuant to Government Code Section 66006, the City Council directs that each oft the fees collected hereunder shall be maintained in a fund separate from the City's General Fund and  separate from each other in the following special accounts:  1. 2. 3. 4. 5. 6. 7. 8. 9.  General Facilities necessary for the administration of the City;  Law Enforcement Facilities and Equipment;  Fire Protection and Suppression Facilities and Equipment;  Storm Drainage Facilities; Water Supply Facilities; Wastewater facilities Traffic Facilities;  Groundwater Recharge Facilities; and Parks and Recreation Facilities.  B. The City shall use the funds SO deposited into these special accounts (along with interest  10    earnings thereon) for the costs of public facilities as specified herein and only for the category of C. Ifthe fee paid by an owner or developer for aj particular development has been retained by the City for five (5) or more years, and City has not committed that fee to costs for public facilities, then the City Council shall make findings describing the continuing need to retain the fee each fiscal year thereafter. Ift the City Council does not make such findings, then the City shall refund the collected fees as appropriate, along with the interest, ifany, which those funds  improvements for which the funds were deposited in that particular account.  have generated since they were collected.  3-8.11  Annual findings.  A. Each year, during the budget review process, the City Council shall review the status of compliance with this Chapter and the degree to which fees collected pursuant to this Chapter are mitigating the impacts of newi industrial, commercial and residential development projects and B. For each ofthe accounts established by this Chapter, the City shall, within 180 days after the close ofe each fiscal year, make available to the public all oft the following information:  new development entitlements.  1. Al briefdescription oft the type of fee in the account or fund.  2. 3. 4. 5.  The amount oft the fee.  The beginning and ending balance for the fiscal year in that account; The amount oft the fees collected and the interest earned.  An identification of each public improvement on which fees were expended and the amount ofthe expenditures on each improvement, including the total percentage oft the cost oft the public improvement that was funded with the fees. An identification of an approximate date by which the construction oft the public  6.  improvement will commence if the City determines that sufficient funds have been collected to  complete financing on an incomplete public improvement.  7. 8.  A description of each interfund transfer or loan. Code out of that account during the fiscal year.  The amount of refunds made pursuant to Section 66001(e) oft the Government  C. The City Council shall review the information described in subsection B, above, at the next regularly scheduled public meeting oft the Council, not less than fifteen (15) days after the  information. required by that subsection is made available to the public.  11    D. Five (5) years after the effective date oft the initial ordinance which adopted this Chapter, and every five (5) years thereafter, the City Council shall consider a report by the City Manager reviewing the fee formulae established to implement the provisions of this Chapter and their bases to determine whether any adjustments in the fee formulae are warranted. Section 2. Section 902 of the Fowler Subdivision Ordinance titled Park and Recreation Fees  isl hereby amended to read as follows:  SECTION 902 PARK. AND RECREATION FACILITIES  1.  Authority and Definitions. The provisions of this section are enacted pursuant to the authority granted by Section 66477 ofthe Government Code of the State, also known as the Quimby Act. The park and recreational facilities for which the dedication of land and/or the payment ofai fee is required by this section are in accordance with the recreational element ofthe General Plan. The requirements oft this Section are separate and distinct from the requirement to pay ai fee for parks and recreational facilities pursuant to Chapter 8 ofTitle 3 of the Fowler Municipal Code (Development Impact Fees) and any amendments to that Chapter. Except where the context otherwise requires, the definitions given in this section govern the A. The term "developer" includes every person, firm, or corporation constructing a new dwelling unit, directly or through the services ofany employee, agent, independent contractor, or B. The term "new dwelling unit" includes each structure of! permanent character, placed ina a permanent location, which is planned, designed or used for residential occupancy, including, but not limited to, one-family, two-family, and multi-family dwellings, apartment houses and complexes and mobile home spaces, but not including hotels, motels, and boarding houses for C. The term "subdivision" includes any type of construction, land division ori improvement ofland which provides for dwelling units identified under the provisions of Section 66424 ofthe California Government Code. "Subdivision" shall also include any increase in the number of D. The term "city service area" shall refer to the geographical area ofbeneficial use ofone ormore parks. The boundaries of said service areas shall be determined by resolution adopted by E. The term "park service area" shall refer to the geographical area of beneficial use of one  construction oft this Chapter.  otherwise.  transient guests.  mobile home spaces.  the City Council of the City of] Fowler. park, as determined by the City of Fowler.  F.  The term "land value" means fair market value ofal buildable acre ofl land, as determined  12    by the City ofl Fowler City Council.  2.  Dedication ofl land, payment of fees, or both. Asac condition oft the approval ofa final map or parcel map, the subdivider shall dedicate land, pay ai fee inl lieu thereof, or both, at the option oft the City, for park or recreational purposes at the time and according to the standards  and formula set forth in this section.  3.  General standards. Itis hereby found and determined that the public interest, convenience, health, welfare, and safety require that three (3) acres of property for each 1,000 persons residing within the City shall be devoted to local public park and recreational purposes. Formula for Dedication ofLand. Where a park or recreation facility has been designated in the Land Use Element oft the General Plan oft the City, and is to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs oft the residents oft the subdivision, the developer shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs oft the residents ofthe subdivision. The amount of land to be provided shall be determined pursuant to  4.  the following formula.  The formula for determining acreage to be dedicated shall be as follows: Average No. of X park acreage standard = minimum acreage  Persons/Unit  1,000 population  dedication/DU  Example for single-family dwelling unit (DU):  3.23 X 3.0 1,000  .00969 acres/DU  The following table of population density has been established pursuant to Section 66477(b) of  the Government Code:  Park Land Dedication Formula Table  Average Population Types of Dwellings Single-Family Detached Duplex Multi-Family Mobile Homes  Acreage/DU Density/DU 3.23 2.5 2.5 3.23  (3.23 acre std.)  .00969 .0075 .0075 .00969  13    Dedication oft the land shall be made in accordance with the procedures contained in subsection For the purpose oft this section, the number of new dwelling units shall be based upon the number of! parcels indicated on the tentative or parcel map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area: zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area sO zoned shall equal the maximum allowed under that zone, including any applicable density increases. In the case of ac condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully inj place prior to the The developer shall, without credit: (1) provide full street improvements and utility connections including, but not limited to, curbs, gutter, street paving, traffic control devices, street trees, street lighting and sidewalks tol land which is dedicated pursuant to this section; (2) provide for fencing along the property line oft that portion ofthe subdivision contiguous to the dedicated land; (3) provide improved drainage through the site; and (4) provide other minimal improvements which the City determines to be essential to the acceptance oft the land for The land to be dedicated and the improvements to be made pursuant to this section shall be reviewed at the tentative map stage in accordance with the criteria set forth in subsection (11)  (13) hereof.  date on which the parcel or final map is filed.  recreational purposes.  and approved by the City Engineer.  5.  Formula for Fees In Lieu ofLand Dedication.  A. General Formula. Ifthere is no park or recreation facility designated ini the Land Use Element oft the General Plan to be located in whole or in part within the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the subdivision, the developer shall, in lieu of dedicating land, pay a fee prescribed for parks in subsection 7 hereof, and in an amount determined in accordance with the provisions of subsection 91 hereof. B. Fees in Lieu ofLand: 50 Parcels or Fewer. Ifthe proposed subdivision contains fifty (50) parcels or fewer, the subdivider shall pay a fee equal to the land value, costs ofoff-site improvements oft the portion oft the local park required to serve the needs of residents of the proposed subdivision as prescribed in subsection 7 hereof, and in an amount determined in However, nothing in this section shall prohibit the dedication and acceptance of] land for park and recreation purposes in subdivisions of fifty parcels or fewer, where the developer proposes such dedication voluntarily and the land is approved by the City Council of the City of Fowler. Criteria for Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, the developer shall both dedicate land and pay a fee in accordance with the following  accordance with the provisions of subsection 9 hereof.  6. formula:  14    When only aj portion oft the land to be subdivided is proposed on Land Use Element oft the General Plan as the site for park purposes, such portion shall be dedicated for park purpose and a fee computed pursuant to the provisions ofs subsection 7 hereof shall be paid for the value of any additional land, costs ofoff-site improvements that would have been required to be dedicated pursuant to subsection 4 hereof, and in an amount determined in accordance with the provisions  ofsection 91 hereof. 7.  Amount of Fee in Lieu ofLand Dedication. When ai fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value oft the amount of land which would otherwise be required for dedication pursuant subsection 4 and in an amount determined in accordance with the provisions of subsection 71 hereof. The fee shall be  determined by the following formula:  DUS X DU people where:  Pop X 1,000  3.0 acres  X Buildable Acre  FMV  in-lieu fee  DUS = Number of dwelling units as defined in subsection 4  Pop = population per dwelling unit  DU  FMV = fair market value, per buildable acre. as determined by subsection 8  Buildable Acre = at typical acre of the subdivision, with a slope less than 10%, and located in other than an area on which building is excluded because of flooding, easements, or other Fees to be collected pursuant to this section shall be reviewed by the City Manager or his/her designated representative to ascertain ift they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the City Manager.  restrictions.  8. 9.  Determination of Fair Market Value. The fair market value per buildable acre shall be determined from time to time by resolution adopted by the City Council oft the City of Fowler.  Formula for Park Development Fees.  A fee shall be paid for park development by the developer of each new dwelling unit irrespective ofwhether the developer is required to dedicate land or pay fees in lieu ofland dedication as set forth in subsection 4 and subsection 7. This fee shall be used to pay for those improvements including, but not limited to, off-site improvements such as streets, curbs and gutter, sidewalk, street lights, extensions of water and sewer services, storm drainage, parking lots, security lighting, landscaping and installation for recreational facilities which are not required by  15    subsection 4 and subsection 7. The fee shall be determined by the following formula:  Pop X DU Where: Pop = DU (see subsection 4)  3.0 acres 1,000 people  X  DC acre =  $/unit  Population per dwelling unit  DC = Development cost per acre of park and recreational facilities. Development costs per acre Fees to be collected pursuant to this section shall be reviewed by City Manager or his/her designated representative to ascertain ift they comply with the formula set forth above. If compliance is found, then City Manager or his/her designated representative shall approve the 10. Determination of Park Development Cost Per Acre. The development cost per acre of parkland shall be determined from time to time by resolution adopted by the City Council of the The fee established by resolution oft the City Council may be adjusted on an annual basis to account for inflation based on the National Average Construction Cost Index as published by the Engineering News Record, or other similar construction cost indexes. The amount oft the fee established pursuant to this Section shall be rounded up to the nearest whole dollar. Such increase is not deemed an increase ini the amount of the fee and subject to the provisions of 11. Determination ofLand or Fee. Whether the City accepts land dedication or elects to require payment ofa fee in lieu thereof, or a combination oft both, shall be determined by A. The natural features, access, and location of land ini the subdivision available for B. The size and shape of the subdivision and land available for dedication;  shall be determined as set forth in subsection 10.  fees.  City of Fowler.  Section 66000 of the California Government Code.  consideration of the following:  dedication;  C. The feasibility of dedication;  D. The compatibility of dedication with the Land Use Element oft the General Plan; and  E.  The location of existing and proposed park sites and trailways.  12. Credit for Private Open Space. No credit shall be given for private open space in the  16    subdivision. 13.  Procedure. At the time oft the approval oft the tentative map or parcel map, the City  shall determine the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final map or parcel map, the subdivider shall dedicate the land/or pay the fees as previously determined by the City Council oft the City of] Fowler. Open space covenants for private park or recreational facilities shall be submitted to the City prior to the approval oft the final subdivision map or parcel map and shall be recorded  contemporaneously with the final subdivision map or parcel map.  14. Commencement of development. At the time of approval oft the final subdivision map, the City shall specify how and when it will use the land or fees or both to develop park or The City Finance Director shall report to the City Council at least annually on income, 15. Exemptions. The provisions ofthis section shall not apply to subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, a condition may be placed on the approval ofs such parcel map that ifa building permit is requested for the construction ofa a residential structure or structures on one or more oft the parcels within four (4) years, the fee may be required to be paid by the owner of each such parcel as a condition to the The provisions ofthis section shall not apply to industrial subdivisions, to condominium projects or stock cooperatives that consist oft the subdivision of airspace in an existing apartment building that is more than five (5)years old when no new dwelling units are added, or to parcel maps fora subdivision containing less than five (5) parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential development or use. 16. Disposition ofFees. Fees determined pursuant to subsection 7 and subsection 9: shall be paid to the City Finance Director and shall be deposited into the subdivision park trust fund, or its successor. Money in said fund, including accrued interest, shall be expended solely for acquisition, development, or expansion of parkland ori improvements related thereto. Any fees collected under this chapter shall be committed within five (5): years after the payment ofsuch fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. Ifsuch fees are not committed, they shall be distributed and paid to the then record owners oft the subdivision in the same proportion that the size of their lot bears to the The City Finance Director shall report to the City Council at least annually on income,  recreational facilities.  expenditures, and status of the subdivision park trust fund.  issuance of such permit.  total area ofall lots within the subdivision.  expenditures, and status of the subdivision park trust fund.  17    17. Developer-Provided Park and Recreation Improvements. After the City Council determines that land is required for dedication and/or in-lieu fee payment by the developer, the developer may apply to the City Manager or his/here designated representative for permission to construct specified park and recreation improvements on land ofs said developer required for dedication or on other land within the same city service area to be developed as a park. Ifthe City Manager or his/her designated representative grants the developer permission for construction of specified parks and recreation improvements on said land, the City Manager or his/her designated representative shall fix the dollar value of the parks and recreation improvements approved by said Department. The dollar value of park and recreation improvements provided by the developer ini the manner described herein shall be credited against  the fees required by this Section.  Section 3.  Ifany section, subsection, sentence, clause or phrase oft this ordinance is for any reason held to be unconstitutional ori invalid, such decision shall not affect the validity of the remaining portions oft this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereofirrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared  unconstitutional or invalid. Section 4.  This ordinance shall go into effect and be in full force and operation from and after thirty  (30) days after its final passage and adoption.  The foregoing ordinance was introduced at a regular meeting of the City Council oft the City of] Fowler held on May 18th, 2021, and passed and adopted at a regular meeting ofthe City  Council of the City ofFowler held on. June 15,2021, by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  APPROVE:  MAYOR, David Cardenas  ATTEST:  DEPUTY CITY CLERK, Angela Vasquez  18    ITEM  4F  FOWLER CITY COUNCIL  1908  ITEM NO: 4-F  REPORT TO THE CITY COUNCIL  June 15, 2021 FROM: SUBJECT  David Peters, City Engineer  Actions pertaining to use of SB1 Local Streets and Road Maintenance and Rehabilitation Account 1. Consider and approve Resolution No. 2506 designating Fresno Street from 5th Street to  funds for fiscal year 2021-22.  7th Street as the 2021-22 SB1 Local Streets and Roads project.  RECOMMENDATION  Staff recommends the City Council approve Resolution No. 2506  BACKGROUND  In April 2017, the California State Legislature passed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. As part of the Bill, specific transparency and accountability provisions must be met to ensure that the public is aware of the projects that have been completed utilizing In 2019 all City streets were evaluated and rated as part of a pavement management system update. The pavements have been evaluated to determine their Pavement Condition Index (PCI). The PCI scale ranges from 100 (new road) to 0 (gravel road). Typically, street maintenance  SB 11 funds.  strategies are aligned with the following PCI scale:  PCI Range 100-85 85-70 70-50 50-25 25-0  Resurfacing Treatment No Treatment Slurry Seal Cape Seal or Thin Overlay Thick Overlay Reconstruction  Each year, the City is required to update and provide a list of proposed projects to receive funding  from the Road Maintenance and Rehabilitation Account, also known as SB1.    Additionally, each year cities and counties must adopt via resolution a project list comprised of projects they anticipate funding with SB1 funds. The project lists must be submitted to the California Transportation Commission (CTC) by July 1st to be eligible for SB 1 funding for the For FY21/22, the City is expected to receive $129,093 from the SB1 fund. Candidate projects were identified utilizing the pavement condition index (PCI) identified for each roadway segment and the funding levels available in the current fiscal year. Larger PCI values represent better  following fiscal year.  condition roads and lower PCI values represent poorer condition roads.  The candidate projects for FY 21-22 are:  Project Fresno Street 7th Street 7th Street  Description  Location  PCI 24 29 30  Resurface roadway 5th Street to 7th Street Resurface roadway Modesto Street to Adams Ave Resurface roadway Vine Street to Fresno Street  Staff is recommending that Fresno Street from 5th Street to 7th Street be selected as the project  for FY21-22. FISCAL IMPACT  Approving the resolution will allow the City of Fowler to remain eligible to receive SB1 Local Streets and Roads Maintenance funds. A competitive process will occur and a contract brought forward  for City Council consideration.  Attachments:  Resolution No. 2506    RESOLUTIONI NO.2506  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING Al LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BYSB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF2017  WHEREAS, Senate Bill 1 ("SB 1"), the Road Repair and Accountability Act of2017 (Chapter 5, Statutes of2017), was passed by the Legislature and signed into law by the Governor in April 2017: in order to address the significant multi-modal transportation funding  shortfalls statewide; and  WHEREAS, SB 1 includes accountability and transparency provisions to ensure the residents of the City ofFowler ("City") are aware ofthe projects proposed for funding in the  community and which projects have been completed each fiscal year; and  WHEREAS, the City must include al list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account ("RMRA"), created by SB 1,i in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project'sc completion, and the estimated useful life oft the  improvement; and  WHEREAS, the City will receive an estimated $129,093 in RMRA funding in Fiscal WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1;  Year 2021-22 from SB 1; and  and  WHEREAS, the City has undergone a robust public process to ensure public input WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one ()streets/roads within the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at-risk" condition and this revenue will help us increase the overall quality of our road system and over the next decade  into our community's transportation priorities/the project list; and  will bring our streets and roads into a "good" condition; and  WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a: focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have  significant positive co-benefits statewide.    NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the Cityo of  Fowler, State ofCalifornia, that:  1. The foregoing recitals are true and correct.  2. The following list of proposed projects will be funded in-part or solely with fiscal year 2021-22 Road Maintenance and Rehabilitation Account revenues:  Project Fresno Street Rehabilitation  Description  Location Street ******  Estimated Anticipated Useful Life Construction 10-15Yr  Year of 2022  Resurface roadway 5th Street to 7th  THE FOREGOING RESOLUTION of the City Council of the City of Fowler was duly passed and adopted at a regular meeting of the Fowler City Council held on the 15th day of  June 2021, by the following vote:  Ayes: Noes: Absent: Abstain:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    ITEM  5A  FOWLER CITY COUNCIL  908  ITEM NO: 5-A  REPORT TO THE CITY COUNCIL  June 15, 2021 FROM: SUBJECT  Margarita Moreno, Finance Director  Resolution No. 2504 Adopting FY 2021/22 Operating Budget and Resolution No. 2505. Adopting the  Fiscal Year 2021/22 Appropriations Limit  RECOMMENDATION  Council to take the following actions by separate motions:  1. Adopt Resolution No. 2504 approving the Fiscal Year 2021/22 operating budget. 2. Adopt Resolution No. 2505 establishing the Appropriations Limit for Fiscal Year 2021/22.  BACKGROUND  The preliminary budget for Fiscal Year (FY) 2021-2022 was presented to City Council during a workshop on June 1, 2021. The proposed final budget for FY: 2021/22 is submitted for Council's consideration. The final budget including all fund types is projected to total $12.5 million. The budget reflects the Council's goals and objectives and provides the necessary funding sO that the organization maintains core public service levels. A copy of the budget document in enclosed herein as to Resolution No. 2504. The proposed FY 2021/22 budget is presented for Council's review and adoption. The total City-wide proposed budget for FY 2021/22 is $12,476,499 and expenditures by  fund type are summarized below: General Fund Special Revenue Funds Enterprise Funds Debt Service Funds Public Financing Authority Successor Agency Total Budget  $5,529,137 $2,704,065 $3,360,486 $ 344,984 $ 392,096 $ 145,731 $12,476,499    Budget highlights for the FY 2021/22: New Admin Asst (CSO/Code/Fire) New Admin Asst ramngwalerfrmance,  New Maintenance Worker funded in General Fund reimbursed 75% from the Utility Users Tax  (UUT)  New Camera Project $150,000 funded by Measure N and COPS grant 2New Police Vehicles $65,000 each funded by Measure N and COPS grant New Police Facility design & engineering funded by Measure N $200,000 and Law New park funded by Parks and Recreation Facilities Impact Fees of $45,000 on 5th New shade structure, BBQ pits, and tables for Donny Wright Park funded by Parks and  Enforcement Impact Fees $200,000  street/Harris Ct.  Recreation Facilities Impact Fees of $23,000 A brief summary of each fund type is provided below:  General Fund  The General Fund accounts for core public services such as Police, Fire, Parks and Recreation, Administration and Finance. The General Fund is primarily funded from general tax revenues with the largest source coming from sales tax and property taxes. During the June 1st Council workshop the proposed General Fund revenues over expenses reflected a slight deficit of $85,525. A transfer in from UUT to General Fund was needed to balance the budget resulting in a balanced budget of  revenues $5,529,137 and expenditures at $5,529,137.  Special Revenue Funds  The proposed Special Revenue Funds for Fiscal year 2021/22 total $2.7 million. The Special Revenue Funds are used to account for restricted revenues such as the UUT, District Sales Tax  (Measure N), Gas Tax, COPS grant, Street Funding and Impact fees.  Enterprise Funds  The Enterprise Funds include Water Utility fund, Water Well Maintenance, Groundwater Recharge CID, and TCP. Revenues to cover expenses in these funds come primarily from user fees. The total  proposed budget for all Enterprise Funds is $3.4 million.  Appropriation Limit  Proposition 4 approved by the voters in November 1979 added California Constitution, Article XIIIB. Article XIIIB requires cities to adopt annual appropriation limits as part of their budget adoption process. The City's appropriations limit is adjusted annually based upon inflation and population Resolution No. 2505 enclosed herein reflects the annual appropriation limits for FY: 2021/22 and  growth. The calculated appropriation limit for FY: 2021/22 is $10,348,459.  respective backup documentation. Joint Meeting of Public Finance Authority Also included is Resolution No. PFA 2021-01.    FISCAL IMPACT  The adoption of the proposed City of Fowler Fiscal Year 2021/22 budget sets for the appropriations  for the delivery of municipal services.  Attachments:  -Resolution No. 2504 Adopting the FY 2021/22 Budget  -Resolution No. 2505 Adopting the Appropriation Limit for FY2021/22  -Resolution No. PFA 2021-01 Adopting the Fowler Public Financing Authority FY 2021/22 Budget    ITEM  5Aii  RESOLUTION No. 2504  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER, ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY, SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, AND AS THE BOARD OF THE PUBLIC FINANCING AUTHORITY, ADOPTING THE FINAL ANNUAL BUDGET OF THE CITY OF FOWLER AND PROVIDING FOR THE APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL BUDGET FOR THE 2021/2022  FISCAL YEAR  WHEREAS, the City Manager has prepared and submitted to the City Council a proposed budget WHEREAS, the City Council as the legislative body of the City has reviewed and modified the WHEREAS, the City Council has determined that it is necessary for the efficient management of the City that certain sums of revenue oft the City be appropriated to various departments, offices, agencies NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler as follows: Section 1: A certain document on file in the office of the Finance Director of the City of Fowler being marked and designated "City of Fowler - Annual Budget - Fiscal Year 2021/2022" as prepared by the City Manager and amended by the City Council, is hereby adopted as the Final Budget for the Section 2: The following sums of money are hereby appropriated from the revenue oft the City of Fowler for activities of the City, including transfers and capital projects during the 2021/2022 fiscal year.  for the 2021/2022 fiscal year, starting July 1, 2021; and  proposed budget; and and activities of the City.  2021/2022 Fiscal Year, commencing July 1, 2021.  General Fund Special Revenue Funds Enterprise Fund Debt Service Funds Public Financing Authority Successor Agency Total Budget  $5,529,137 2,704,065 3,360,693 344,984 392,096 145,731 $12,476,499  THE FOREGOING RESOLUTION of the City Council of the City of Fowler was duly and regularly introduced, passed and adopted at a regular meeting of the City Council on the 15th day of June 2021,  by the following vote: AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    ITEM  5Aii  RESOLUTION No. 2505  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021/2022 PURSUANT TO ARTICLE XIIB OF THE CALIFORNIA CONSTITUTION  WHEREAS, Article XIIIB of the California Constitution requires cities to adopt annual WHEREAS, Government Code Section 7910 requires each local government to establish its appropriation limit by resolution each year atar regularly scheduled meeting or ar noticed special meeting; WHEREAS, the annual adjustment factors used in determining the appropriations limit requires  appropriations limits; and  and  arecorded vote of the City Council; and  WHEREAS, the City Council has calculated the appropriations limit on the worksheet attached hereto as Attachment A and determined that said appropriations limit for fiscal year 2021/2022 be  established in the amount of $10,348,459; and  WHEREAS, the Finance Director has made available to the public for the previous fifteen days NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fowler that the appropriations limit for the fiscal year 2021/2022 is hereby set at $10,348,459 and that a copy of the  the documentation used in the determination of the appropriations limit.  Appropriation Limit calculation worksheet is attached hereto as Attachment A.  BE ITF FURTHER RESOLVED THAT the City of Fowler has used the change in California's per capita personal income and the City of Fowler's population growth as annual adjustment factors for determining the Appropriations Limit, but that these factors may change in the future should other THE FOREGOING RESOLUTION of the City Council of the City of Fowler was duly and regularly introduced, passed and adopted at a special meeting of the City Council on the 15th day of. June, 2021,  pertinent information become available.  by the following vote: AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Mayor  ATTEST:  Angela Vasquez, Deputy City Clerk    City of Fowler Appropriation Limit Fiscal Year 2021-2022  Article XIIIB of the California Constitution requires an annual calculation of the City's appropriation limitation. The City's General Fund Expenditure may not increase beyond the relation to changes in per capita income and population  change.  Population % Change  Factor  Population 01-01-2020 Population 01-01-2021 Percent Change 2020-2021  6,436 6,601 2.56%  2.564  Per Capita Personal Income  California per Capita Personal Income  5.730  Growth Factor  Population Change XI Per Capita Change  1.0256  X  1.0573  1.0844  Fiscal Year 2021-2022 Appropriation Limit Calculation  Fiscal Year 2020-2021 Appropriation Limit  $9,542,974 1.0844 $10,348,459  Growth Factor  2021-2022 Appropriation Limit    OA  DEPARIMENTOF "FINANCE OFFICEOFT THED DIRECTOR  Gavin Newsom - Governor  State Capitol-Room 1145-Sacromento: CAeraitmR-mwdicce  May: 2021 Dear Fiscal Officer:  Subject: Price Factor and Population Information  Appropriations Limit  California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) tot transmit an estimate of the percentage change in population tol local governments. Each local jurisdiction must use their percentage change in population factor for. January 1,2021,in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2021-22. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2021-22 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and: state institutionalized populations and military populations. Some special districts must establish an annual appropriations limit. Califoria Revenue and Taxation Code section 2228 provides additional nformation regarding the appropriations limit. Article XIII B, section 9(C) of the California Constifution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following websle:htp/leginto.lolvecogvloVlacesicodesxhim. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data. Given the stay-at-nome orders due to COVID-19, Ifyouhave any questions regarding this data, please contact the Demographic Research Unit at  Population Percent Change for Special Districts  appropriations limits. Population Certification  will certify the higher estimate to the State Controller by June 1, 2021.  growth in the coming years may be substantially lower than recent trends.  (916)323-4086. KEELY MARTIN BOSLER Director By: /s/ Erika Li Erika Li Chief Deputy Director Attachment    May 2021  Attachment A  A.  Price Factor: Article XII B: specifies that local jurisdictions: select their cost of living factor to compute their appropriation limit by a vote of their govering body. The cost of living factor provided herei is per capita personal income. If the percentage change inj per capita personali income is selected, the percentage change to be  used in setting the fiscal year 2021-22 appropriation limit is:  Per Capita Personal Income  Fiscal Year (FY) 2021-22  Percentage change over prior year 5.73  B.  Following is an example using sample population change and the change in Califoria per capita personal income as growth factors in computing a2021-22  appropriation limit. 2021-22:  Per Capita Cost of Living Change = 5.73 percent Population Change = -0.46 percent Per Capita Cost of Living converted to aratio: Population converted to ar ratio: Calculation of factor for FY 2021-22:  5.73+100 =1.0573 100 -0.46+100 =0.9954 100 0573X09954-1.0524    Fiscal Year 2021-22  Attachment B  Annual Percent Change in Population Minus Exclusions* January 1, 20201 to January 1, 2021 and Total Population, January 1,2021 Percent Change Population Minus Exclusions :  County City Fresno Clovis Codlinga Firebaugh Fowler Fresno Huron Kerman Kingsburg Mendota Orange Cove Parlier Reedley Sanger San. Joaquin Selma Unincorporated County Total  Population Total. 1-1-2021 121,834 16,748 8,126 6,601 546,770 7,404 16,118 13,084 12,448 9,581 15,828 26,087 27,353 4,145 24,487 170,067 1,026,681  2020-2021 2.60 0.43 1.13 2.56 0.62 1.47 1.23 1.59 0.19 0.20 0.20 0.44 0.72 0.19 0.34 -0.52 0.68  1-1-20 118,741 12,627 8,035 6,436 543,079 7,297 15,922 12.879 12,424 9,562 15,797 25,974 27,157 4,137 24,405 169,978 1,014,450  1-1-21 121,834 12,681 8,126 6,601 546,466 7,404 16,118 13.084 12,448 9,581 15,828 26,087 27.353 4,145 24,487 169,102 1,021,345  *Exclusions include residents on federal militaryi installations and group quarters residents in mental  insfitutions, state and federal correctional institutions and veteran homes.  state    ITEM  5Aiv  RESOLUTION No. PFA 2021-01  AF RESOLUTION OF THE FOWLER PUBLIC FINANCING AUTHORITY, COUNTY OF FRESNO, STATE OF CALIFORNIA, ADOPTING THE PUBLIC FINANCING. AUTHORITY. ANNUAL BUDGET AND APPROPRIATING REVENUE OF THE AUTHORITY FOR  THE 2021/2022 FISCAL YEAR  WHEREAS, the Executive Director has prepared and submitted to the Fowler Public Financing WHEREAS, the Board as the legislative body of the Public Financing Authority has received and WHEREAS, the Board has determined that it is necessary for the efficient management of the Public Financing Authority that certain sums of revenue of the Public Financing Authority be appropriated tovarious departments, offices, agencies and activities oft the Public Financing Authority. NOW, THEREFORE, BE IT RESOLVED by the Board of the Public Financing Authority as follows: Section 1. A certain document on file in the office of the Finance Director of the Public Financing Authority being marked and designated "Public Financing Authority = Annual Budget - Fiscal Year 2021/2022" said document as prepared by the Executive Director, amended by the Board, is hereby Section 2. The following sums of money are hereby appropriated from the revenue of the Public Financing Authority for activities of the Board, including transfers and capital projects during the 2021/2022  Authority Board a proposed budget for the 2021/2022 fiscal year, starting July 1, 2021; and  modified this proposed budget; and  adopted for the Fiscal Year, commencing July 1,2 2021.  fiscal year.  Public Financing Authority  $392,096  THE FOREGOING RESOLUTION of the Board of the Public Financing Authority was duly and regularly introduced, passed and adopted at a special meeting of the Agency Board on the 15th day of June, 2021,  by the following vote: AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  David Cardenas, Chairman  ATTEST:  Wilma Quan, Secretary    ITEM  6Aii  FOWLER CITY COUNCIL  1908  ITEMNO: 6-A(inl)  REPORT TO THE CITY COUNCIL  June 15, 2021 FROM: SUBJECT  WILMA QUAN, City Manager  Actions pertaining to Fiscal Year 2019-20 and Fiscal Year 2020-2021 year-end close of the City of Fowler's financial records and assistance with the completion of the June 30, 2020 and June 30, 2021 1. Approve the First Amendment to the Accounting Consultant Services Agreement with Price Paige & Company, Accountancy Corporation (Price Paige), to provide professional consulting services for the City of Fowler's Finance Department in an amount not to exceed $150,000. 2. Approve Budget Amendment Resolution No. 2507 to appropriate $150,000 for FY 2019-20 and FY 2020-21 year-end close of the City of Fowler's financial records and assistance with the  audits.  preparation of the June 30, 2020 and June 30, 2021 audits.  RECOMMENDATION  Staff recommend approval of the First Amendment to the Accounting Consultant Services Agreement with Price Paige in an amount not to exceed (NTE) $150,000 for professional consulting services for the FY 2019-20 (NTE $80,000) and the FY 2020-21 (NTE $70,000) year-end close of the City of Fowler's financial records and assistance with the preparation of the June 30, 2020 and June 30, 2021 audits, authorizing the City Manager or her designee to execute the agreement on behalf of the City; and adoption of proposed Budget Amendment Resolution No. 2507 to appropriate $150,000 for this  amendment. BACKGROUND  The City Manager informed Council in March 2021 that the City's financial statements have not been reconciled and an audit has not been finalized since FY 2017-18. As such, on April 6, 2021, Council approved a consultant services agreement with Price Paige in the amount of $80,000 to provide professional consulting services for FY 2018-19 year end close of the City's financial records and assistance with the preparation of the June 30, 2019 audit. Atthat time, and as noted ini the staff report, Staff anticipated that a contract amendment and related Budget Amendment Resolution would be    brought forward to Council at a later date for similar work associated with FY: 2019-20 and FY 2020- Price Paige has done an exemplary job with the FY 2018-19 year end close. A few highlights of their  21.  work thus fari includes:  $849,917 ($351,490 ofFY 2019 funds and $498,427 of prior-year funds) of surplus, pass- through, and administrative funds were identified in the Successor Agency fund which was reclassified to the General Fund. Iti is estimated that there are an additional $220,073 of The COPS grant fund (Fund 206) was closed and $226,966 was transferred to the General The Fresno Council of Governments (FCOG) has withheld $540,376 of Transportation Development Act (TDA) funds ($14,400 of Article 3 and $525,976 of Article 8) some of which is payable to the City as of June 30, 2021. $184,000, $265,524, and $90,852, will become available to the City at the conclusion of the FY 2018-19, FY 2019-20 and FY 2020-2021  surplus funds in the Successor Agency fund for FY: 2020.  Fund to align with police expenditures.  audits, respectively.  Similar to Price Paige's original scope of services for FY2 2018-19, Exhibit A oft the attached Amendment outlines Price Paige's scope of services for FY 2019-20 and FY 2020-21. This scope is summarized  below:  assist the City in the year-end close of its financial records by performing reconciliations of balance sheet and income statement balances in preparation of the City's June 30, prepare the City's bank reconciliations for all months in FY 2019-20 and FY 2020-21.  2020 and June 30, 2021, audit;  function as a liaison with the City's external auditors; and  In addition, and as noted in the April 2021 staff report, the City has not received senior meal monies from the Fresno Madera Area Agency on Aging (FMAAA) since FY 2017-18. Staff confirmed the City will become eligible for those senior meal monies after the City has completed two consecutive timely audits without significant issues. It is estimated that the earliest the City will be eligible for the senior meal money through FMAAA will be FY 2023-24. In addition, until this work is complete and the City can provide audited financial statements, there continues to be concern that the City is unable to show  appropriate match requirements for various grant opportunities.  FISCAL IMPACT  Accurate audited financial statements are critical to informed decision-making and required for most grant funding opportunities. The discovery and the reclassification of the Successor Agency funds and transfer of COPS grants funds to the General Fund are greater than the not to exceed amount of $150,000 for this Amendment. Once all outstanding financial statements and audits are complete, Staff anticipate the return on investment will be achieved almost instantaneously due to the City's ability to  receive the outstanding TDA Article 8 disbursement.  Attachments:  First Amendment to the Accounting Consultant Service Agreement  Budget Amendment Resolution No. 2507    ITEM  6Aiil  CITY OF FOWLER FIRST. AMENDMENTTO  ACCOUNTING CONSULTANT SERVICE. AGREEMENT  This First Amendment to Accounting Consultant Services Agreement ("Amendment") is entered into between the City of Fowler, a California general law city ("City") and Price Paige & Company ("Consultant") with respect to the following recitals, which are: a substantive part ofthis Amendment. This  Amendment shall be effective on  2021 ("Effective Date").  RECITALS  A. City and Consultant entered into that certain Accounting Consultant Service. Agreement dated April 6,2021 ("Agreement") to provide non-audit accounting consultation services ("Services") for the year B. Consultant satisfactorily performed its responsibilities as identified in the Agreement.  ending. June 30, 2019.  C. City desires to retain Consultant to perform the same Services for the years ending. June 30, 2020 and June 30, 2021, and Consultant desires to provide the City with the Services, on the terms and conditions as NOW, THEREFORE, in consideration oft the promises and mutual agreements herein, City and  set forth in Agreement, as amended by this Amendment.  Consultant agree as follows:  AGREEMENT  1. 2.  Change in Scope of Services. Consultant shall perform the Services for the years ending. June 30, Term of Agreement: Commencement of Services; Schedule. Consultant shall begin performing the Services upon notice from the City on or after thel Effective Date, unless otherwise instructed by City, and continue with the Services until satisfactorily completed, as determined by City. Consultant shall complete the Services not later than March: 31,2022 ("Completion Date"), unless extended beyond this date by mutual Payment for Services. City shall pay Consultant fort the Services performed pursuant to this Agreement according to Consultant' 's standard hourly rate(s). The amount paid by Cityt to Consultant for the Services shall not exceed Eighty Thousand Dollars ($80,000) for the year ending June 30, 2020 and Seventy AIIOther' Terms Remain in Effect. Except as expressly set forth herein, all other terms ofthe Agreement shall remain unchanged andi in full force and effect, including all capitalized terms defined in the Agreement unless otherwise defined int this First Amendment, and the Agreement shall bei interpreted sO as to  2020 and. June 30, 2021, which are more fully described in) Exhibit A.  consent of the Parties. 3.  Thousand Dollars ($70,000) for the year ending June 30, 2021.  4.  give full force and effect to this First Amendment.  [Signature Page Follows]    Now, therefore, the City and Consultant have executed this Amendment on the date(s) set forth  below. CONSULTANT By:   CITY OF FOWLER By: Date:  and Consulting Partner  Wilma Quan, City Manager  Date: 6/9/21  Party Identification and Contact Information:  Consultant Price Paige & Company Attn: Joshua Giosa Audit and Consulting Partner 5701 N. Magnolia Clovis, CA93612 Josh@ppepas.com (559)299-9540  City of] Fowler Attn: Wilma Quan City Manager 128S. 5th Street Fowler, CA 93625 guancllowlcrcais (559)834-3113  AOAIVPMAPSAnOe  2    EXHIBIT A  CONSULTANT PROPOSAL  3    PRICE PAIGE & COMPANY Accountancy Corporation The Place to Be  May 24, 2021 Ms. Wilma Quan, City Manager City of Fowler 128 S.5th St. Fowler, California 93625 Dear Ms. Quan:  This letter confirms the engagement of Price Paige & Company by the City of Fowler (the' "City") as of and The professional consulting services we currently expect to provide include thet following:  for the year ended June 30, 2020 and year ending June 30, 2021.  1) We will assist the City in the year-end close of its financial records by performing reconciliations of balance sheet and income statement balances, as deemed necessary, in preparation of the City's June 30, 2020 and 2021 audits, and function as a liaison with the City's external auditors 2) We will prepare all journal entries necessary for the City to convert its financial statements from 3) We will prepare the City's bank reconciliations for all months in the fiscal years ended June 30, 4) We will provide the City with additional consultation as agreed-upon with City management. The scope, timing and extent of the additional consultation will be discussed prior to the All workpapers or other documents used by us during this engagement will be maintained in segregated files, and such originals and all copies will be returned to you upon the completion of our engagement. You agree to oversee all nonaudit services as they relate to Measure C and Transportation Development Act activity and account balances by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. These nonaudit services do not constitute an audit under Govemnment Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could  for any areas in which we assist.  the modified accrual to full accrual basis of accounting.  2020 and ending June 30, 2021. commencement of any work.  be construed as assuming management responsibilities.  570 N. Magnolia Avenue, Suite 100  Clovis, CA 93611 tel 559.299.9540 fax5 559.299.2344  www-ppepas.com    May 24, 2021 Page 2  Electronic Data Communication and Storage and Use of Third-Party Service Provider  Int thei interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors' secured portals or clouds. Electronic data thati is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.  standards. We also require all of our third-party vendors to do the same.  third-party service providers during this engagement.  Engagement. Administration, Fees and Other  We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as retrieving supporting documents and schedules, as requested by us. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our Itis our policy to keep records related to this engagement for a minimum of seven years after the report Our fee for the accounting consultation to assist the City in providing the above services will be $80,000 for the year ended June 30, 2020 and $70,000 for the year ending June 30, 2021, which is based on expected hours required to perform the service at our standard hourly rates. Our standard hourly rates vary according to the degree ofr responsibility involved and the experience level of the personnel assigned to! your consulting engagement. Our billing rates are reviewed annually and, where appropriate, adjusted for any increases due to inflation and other factors. We willi issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred. Our fee estimate is based on anticipated cooperation from your personnel and assumption that unexpected circumstances will not be encountered during the services listed. If significant time is necessary, we will discuss it with you before we incur additional costs. The fees for these services will be billed at the hourly billing rate for the individual Ifany dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation.  original fee estimate. release date.  involved, plus out-of-pocket expenses.  The costs of any mediation proceeding shall be shared equally by all parties.    May 24, 2021 Page 3  All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result ofy your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER FEES CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FORI RESOLUTION. If information becomes known that would make our continued involvement in this engagement inappropriate, or parties involved change, we reserve the right to withdraw from this engagement. In addition, we will refuse to perform any requested act that we deem a violation of law, public policy, or our professional ethical standards, and may, as a result, withdraw from the engagement without penalty. Inr no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we have been advised of the possibility of such damages. Ift these terms are in accordance with your understanding and meet with your approval, please return a signed copy via email or regular mail at your earliest convenience. This agreement will become effective Ift the need for additional services arises, our agreement with you will need to be revised. It is customary  when your return the signed copy to us.  for us to describe these revisions in an addendum tot this letter.  Sincerely,  251 Fausto Hinojosa, CPA CFE Price Paige & Company RESPONSE:  This letter correctly sets forth the understanding of the City of Fowler, California.  Management Signature  Title  Date    ITEM  6Aii2  BUDGET AMENDMENT RESOLUTION 2507  The City Council oft the City ofF Fowler does hereby amend the 2020-2021 Budget asf follows:  SECTIONI-AI-ADDITIONS  Account Number 100-6030-5220 Total  Account Description  Amount $150,000.00 $150,000.00  Purpose:  Toc contract for accounting services from Price Paige & Company to  complete the staff audit requirements for the FY 2019/20 & FY2020/21.  SECTIONII- SOURCE OF FUNDING  Account Number 100 General Fund Total  Account Description  Amount $150,000.00 $150,000.00  Impact: The accounting services will result in completing the FY 2019-2020 and FY 2020-2021 annual audit earlier at a continuous fast pace. This will provide the audited statements required by the City's current debt disclosure compliance  requirements and future debt requirements.  REVIEWED: X Marqarita Moreno Finance Director  X Wima Quan City Manaqer    The foregoing resolution was approved by the City Council oft the City ofFowler on  June 15, 2021,6 by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  APPROVED:  X David Cardenas Mayor  ATTEST:  X Anqela) Vasquez Deputy City Clerk