FOWLER CITY COUNCIL MEETING  AGENDA APRIL 6, 2021 7:00 P.M. CITY COUNCIL CHAMBER 128 S. 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 City Council meeting via teleconference. Please note: when joining the meeting you will be asked your name which will be used to identify  you during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis is requested that any member of the public attending while on the teleconference to have his/her/their phone set on' "mute" to eliminate background noise or other interference from Any writing or document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such writings and documents may be posted on  telephonic participation.  the City's website at! www.fowlercivy.org. Meeting called to order Roll call  1. 2. 3.  Public Presentations - (This portion of the meeting reserved for persons desiring to address the Council on any matter not described on this agenda. Presentations are limited to 5 minutes per person and no more than 15 minutes per topic.) With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed. a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a 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 Council.  1    4.  Communications:  Approve Proclamation Recognizing United Health Center (UHC) for  50 Years of Service and Honoring Dr. Shankerman"  5.  Staff Reports  A) City Planner's Report  Presentation of the Audit Report for the City of Fowler Zoning Code  Update  B) City's Engineer's Report C) City Manager's Report  COVID-19 Update  D) Public Works Director's Report E) Finance Department Report  1)  Approve a consultant services agreement with Price Paige & Company, Accountancy Corporation (Price Paige), to provide professional consulting services for the City of Fowler's Finance Approve Budget Amendment Resolution No. 2496 to appropriate $80,000 to Price Paige for the FY 2018-19 year-end close of the City of Fowler's financial records and assistance with the preparation of the  Department in an amount not to exceed $80,000.  June 30, 2019 audit. Police Department Report G) Fire Department Report City Attorney's Report  F)  6. 7.  Consent Calendar Items on the Consent Calendar are considered routine and shall be approved by one motion of the Council. Ifa 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 Councimember objects to an item, then it should be removed and acted upon as a  separate item. A)  Ratification of Warrants - April 6, 2021 City Council Meeting - March 16, 2021  B) Approve Minutes of the City Council Special Meeting - March 16, 2021, and  2    C) Approve Resolution No. 2497 Approving Final Tract Map No. 6188 and D) Approve Resolution No. 2498,  A Resolution before the City Council of the City of Fowler County of Fresno, State of California Authorizing Application for and Receipt of Regional Early Action Planning (REAP)  Subdivision Agreement for Tract No. 6188  Grant Program Funds"  8.  Committee Reports (No action except where a specific report is on the agenda)  Mayor Cardenas Mayor Pro-Tem Rodriquez Councilmember Kazarian Councimember Mejia Councimember Parra  10. Adjournment  Next Ordinance No. 2021-02  Next Resolution No. 2499  CERTIFICATION: 1 Angela Vasquez, Deputy City Clerk of the City of Fowler, California, hereby certify  that thei foregoing agenda was, posted for public review on Tuesday, March 30, 2020.  Angela Deputy City Clerk DpawS  3    ITEM A  A  IA    City of Fowler City Council Proclamation Service and Honoring Dr. Shankerman"  "Recognizing United Health Center (UHC) for 50 Years of  WHEREAS, The City of Fowler would like to recognize United Health Centers (UHC) for their 50 years of excellent service to the community; and  WHEREAS, UHC undertook extraordinary efforts during this unprecedented time  ini response to the COVID-19 pandemic; and  WHEREAS, UHC staffworked diligently toi implement testing for the COVID-19 virus and rolled out the vaccine to as many individuals as possible, not just in the  City ofFowler but other communities across the County; and  WHEREAS, The City of Fowler would like to especially recognize Dr. Robert Shankerman, MD, ChiefMedical Officer at UHC for his dedicated countless hours  tot the community and the fight against the Coronavirus; and  WHEREAS, Like many other medical providers around the world, Dr. Shankerman, MD, lost his life to the Coronavirus on September 20, 2020, we will  be forever grateful for his service and sacrifice; and  WHEREAS, The City of Fowler appreciates UHC and all of the UHC staff for  their dedication and commitment to our community; and  NOW, THEREFORE, We, the City of Fowler City Council, do hereby proclaim that this Cityl honors and recognizes United Health Centers(UHO)fortheiz 50 years  ofexcellent service to the community.  Mayor, David Cardenas  AM    ITEM  5A  CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  TO: FROM: DATE: SUBJECT:  CilyofFowler Cily Council Dawn! E. Marple, Planning Consultant  April6,2021  Presentation oft the Audit Reportfort the Cily of Fowler Zoning Code Update  - Recommendation  Staff recommends that the City Council receive the report and presentation and provide  feedback oni the City of Fowler Zoning Code Audit Report.  II. Background & Purpose  The City of Fowler has initiated a comprehensive zoning code update. The primary role of the Zoning Code is to implement the goals and policies established in the General Plan. The Code establishes the regulations and procedures that guide development and ensure that it is consistent with the General Plan vision. Upon completion of the Code update, these regulations will be user-friendly and help the City and applicants to achieve the goals and policies of the The City of Fowler adopted its current Zoning Code in March of 2009 and last updated the Code in. June of 2017. Additionally, the City has a separate Subdivision Ordinance adoptedi in 1985that contains additional regulations and procedures governing the development of residential subdivisions. While there have been some updates to the Zoning Code since it was originally adopted, these updates have been drafted on a case-by-case basis in response to particular ssues.esulinginseverdlinstonces of similar yet contictingreguldtionsandintemalinconsistencies within the Zoning Code and between the Zoning Code and Subdivision Ordinance. These inconsistencies have made the Code complicated fort the public to navigate and difficult for City staff and decision makers to administer. The Code update will focus on streamlining the development process, adding clarity to established procedures, and ensuring compliance with An Audit Report was completed for the Fowler Zoning Code Update. This report analyzes the existing Fowler Zoning Code and makes recommendations on how the existing code can be improved upon. Through observation and analysis, the report is able to put together an idea of what a revised Fowler Zoning Code would look like. Based on the recommendations provided by the Audit Report, two outlines were created. An outline for a revision of Title 9 (Zoning Code) and a new Title 11 (Subdivision Code) were drafted. These outlines will serve as roadmaps for the revision and creation of their respective Titles. The outlines would guide the update process but  General Plan.  recent legislative updates as well as the City'sHousing Element.  would allow for adjustment as needed ifi issues arise during the process.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  III. Planning Commission Feedback Summary  Staff presented the Audit Report to the Planning Commission on March 4, 2021. During the presentation of the Audit Report, staff explained that the Zoning Code Update is proposing to modify the entitlement process by creating a minor and major level of conditional use permit and site plan review. This modification would allow for a more streamlined process, and in retum encourage economic development within Fowler. Currently all conditional use permits are required to come before the Planning Commission for consideration; however, the proposed minor conditional use permits would bel held to a Director level approval and have more defined standards allowing the approval of them to be more uniform than those of a major conditional use permit. More complex projects would fall under a major conditional use permit and would still result in coming before the Planning Commission for consideration. The Planning Commission provided feedbacks stating that theyl like to: see all conditional use permits and arel looking forward to seeing what types of projects would fall under the minor and major categories. A workshop where staff could display and receive added feedback on the proposed master use table was proposed in order to gauge the comfort level with the uses that would be reviewed under the Further within the presentation of the Audit Report, Chairman Melon brought forth thei idea that a "tiny home village" could be ani innovative way to solve the affordable housing problem that the City has. Staff made the recommendation that the adoption and implementation of a zone smaller than the current minimum of 5,000 square feet lot size for residential development could also act as a solution to the affordable housing issues. The City currently is having a hard time achieving the density standards outlined in the General Plan because there is not a residential zone district that would allow for parcels under 5,000 square feet. The Planning Commission provided feedback and suggested that a type of affordable housing village similar to the Downtown Clovis cottage home product. In addition, the Commission provided feedback and expressed hesitance towards the implementation of smaller lot zone districts, although thought that areas could be: zoned to allow for a tiny home or cottage home.Sidffindicated that low and very lowi income housing needs are not being met, and a solutioni is needed to solve the issue. Confirmation of the Audit Report by the City Council will confirm how the existing code can be improved andi initiate the next phase of work, Phase 3: Drafling. The consultant team will work on defining the rules and regulations of the Cityi into a new document thati is easier for the user to use and will streamline the process of searching for information within the City code. A draft form of the proposed items willl be Peenednopcichaorgn late summer of 2021 andi be presented  minor and major categories.  IV. Next Steps  for adoption in the fall of 2021. V. Attachments A. Audit Report B. Title 9 Zoning Code Outline . Title 11 Subdivision Code Outline    CITY OF FOWLER  Callformia  ZONING CODE UPDATE  AUDIT REPORT  FEBRUARY 2021  Prepared For: 1285.5'"STREET FOWLER, CA93625  CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT  Prepared By: P&PPLANNNG PROVOST & PRITCHARD CONSULTING GROUP 286 W. CROMWELL: AVENUE FRESNO,CA93711  EST 1968  PROVOST& PRITCHARD CONSULTING GROUP Anf Employee OwnedCompary    City of Fowler Zoning Code Update  Audit Report  TABLE OF CONTENTS Introduction and Purpose.. Whati is the zoning Code?.. What Zoning Codes Do. What Zoning Codes Don'tDo. Why is the zoning Code being updated?. What are the objectives oft the zoning Code update?. Approach and Organization.. Considerations ini the Audit Report Analysis General Plan Consistency. Compliance with. State and Federal Law., Best Practices Audit Report Organization.. How will this Audit Report be used?. Audit Report Analysis. Code Usability and Accessibility Summary Observations Recommendations Permit Processing and Administration. Summary Observations Recommendations Zones. Summary Observations Recommendations General Development Regulations.. Summary Observations Recommendations Specific Use Regulations. Summary Observations Compliance with State and Federal Law. General Plan Land Use Designation Descriptions.  10 10  Appendix A.  A-1 Page li  February 2021    City of Fowler Zoning Code Update  Audit Report  NIRODUCTION AND PURPOSE  The City of Fowler has initiated a comprehensive zoning code update. The primary role oft the Zoning Code ist toi implement the goals and policies establishedi int the General Plan. The Code establishes the regulations and procedures that guide development and ensure that iti is consistent with the General Plan vision. Upon completion of the Code update, these regulations will be user-friendly and help the City and applicants to The City of Fowler is currently undergoing a general plan update. The update process is estimated to be complete in 2022 and will be a comprehensive update, replacing all current General Plan elements as well as adding additional elements and policies to reflect necessary legislative updates. The Zoning Code may ultimately need to be updated after the General Plan update is complete. However, updates to the Code implemented during this update process will layt thet foundation fort future amendments to the Code, should they ber required for consistency with the goals and policies of the updated General Plan.  achieve the goals and policies of the General Plan.  WHAT IS THE ZONING CODE?  The Zoning Code is one of the primary implementing documents of the General Plan, as it establishes standards for the creation of new parcels, the types of buildings and uses that are allowed on parcels, and  the physical and operational standards that buildings and uses must comply with.  What Zoning Codes Do  As the primary implementing tool for the General Plan, the Zoning Code establishes regulations and procedures guiding development and ensuring consistency with the General Plan vision. Zoning codes: Establish zones. Each land use designation identified in the General Plan needs at least one implementing zone. The zone dictates how a property can be used and developed. Iti is the primary implementation tool for determining consistency with the intent of the General Plan land use designations. Zones are applied to properties and approved on a zoning map as part of a zoning Determine what uses can go onap property. Each: zone has al list of allowed uses that are permitted within that zone. The allowed usel listings also determine the type of approval that is required prior Define application procedures. The processing procedure for each type of application is established sO users of the code, including the public, City staff, and decision-makers, understand the expectations and requirements associated with development review and approval. Establish standards of development. Standards of development include both physical property development standards (e.g., setbacks, height, parking requirements) and operational standards (e.g., hours of operation, lighting standards, noise impacts) of permitted uses on a property. The standards can be designated by: zone, general use type (e.g., residential, commercial, industrial), or by specific use type (e.g., accessory dwelling units, manufactured housing, temporary uses).  ordinance.  to establishing: a particular use.  February 2021  Page 11    City of Fowler Zoning Code Update What Zoning Codes Don't Do  Audit Report  Understanding what zoning codes don't do is equally important as understanding their purpose. Zoning X Donote establish thev vision or policies fort the community. These are determinedi through the General X Do not change policies of the General Plan. The processes and regulations established in the  codes:  Plan process.  ordinances must be consistent with the General Plan.  Do not change the zoning requirements adopted in specific plan areas. Specific plans are tools used to allow a customized set of development standards to be legally adopted for as specific property or area. As such, specific plans are adopted with their own: standards for development. Changes tot the zoning code would not affect previously: adopted specific plans unless the plans require compliance withregulations in place att thet time of proposed development. Currently, there are nos specific plans Do not contain guidelines. Zoning codes are local laws that establish objective and enforceable rights, responsibilities, standards, requirements, and procedures. They are required and compuisory. Guidelines, while very useful and important in the development review and approval process, are subjective statements of preference and desirable and negotiable outcomes, not  adopted in Fowler.  compulsory standards and requirements.  WHY IS THE ZONING CODE BEING UPDATEDA  The City of Fowler adopted its current Zoning Code in March of 2009 and last updated the Code in. June of 2017. While there have been some updates since the code was originally adopted, these updates have beendrafted ona acase-by-case basisi inr response top particular issues, resultinginseveral instances of similar yet conflicting regulations and internal inconsistencies. These inconsistencies have made the Code complicated for the public to navigate and difficult for City staff and decision makers to administer. The Code update willf focus on streamlining the development process, adding clarityt to established procedures, and ensuring compliance with recent legislative updates as well as the City'sHousing Element. WHAT ARE THE OBJECTIVES OF THE ZONING CODE UPDATE? The Zoning Code update was initiated to revise the regulations affecting land use and development  consistent witht the General Plan. Specifically, the objectives of this update are to:  Prepare codes that are user-friendly and easy to navigate. Implement programs that encourage and streamline housingp production. Streamline and define development review processes.  Comply with State law.  February 2021  Page 11    City of Fowler Zoning Code Update  Audit Report  APPROACH AND ORGANIZAIION This Audit Report (Report) presents an analysis of the existing Zoning Code. The analysis included here represents summary observations of the existing code, with recommendations that identify a preferred More detailed analysis will be conducted during preparation of the Code. Consultation with City staff will occur as specific issues arise. Staff may consult with City decision-makers, as needed, during preparation  approach in preparing the Draft Zoning Code.  of the Draft Zoning Code as well.  CONSIDERAIIONS IN THE AUDIT REPORT ANALYSIS  Thea analysis conducted as part oft this Reportconsidered: manyi inputs including! key updates cited in arecent SB 2 funding program application, updates required for consistency with the adopted General Plan, a review for compliance with State and Federal law, as well as best practices. These considerations informed the summary observations included in this Report and the recommendations for moving forward in the Code update process. Additional stakeholder input willl be gathered during subsequent steps of the update  process.  Keyl Issues  General Plan Consistency  Compliance with Laws  Best Practices  Audit Report Analysis  General Plan Consistency  As the primary implementation document of the general plan, it is necessary to ensure the zoning code contains standards consistent with the general plan. Zoning code consistency withi the general plan is also legally required by Government Code Section 65860. In the event the zoning code becomes inconsistent due to an amendment of the general plan, local jurisdictions must reflect those changes ini the: zoning code within a "reasonable" timeframe. Fowler's Zoning Code will be reviewed for consistency with existing General Plan policies, land use designations, and density and intensity standards to ensure consistency  moving forward.  Compliance with State and Federal Law  In California, it is generally left to cities and counties to determine how to best regulate land uses and development in their jurisdiction. However, there are certain exceptions that require local regulations to be either consistent with or preempted by State or Federal law. Updates to permit procedures, zones and allowed uses, definitions, general development regulations, and specific use regulations will be required for consistency with applicable laws and willl be addressed as part of the Code update process.  February 2021  Page 11    City of Fowler Zoning Code Update Best Practices  Audit Report  Many oft the observations and recommendations included in this Report are reflective of best practices in preparing and administering codes. These are primarily exhibited in the organizational recommendations  and willl be considered during drafting oft the Code. AUDIT REPORT ORGANZAIION  This Report summarizes general observations and identifies a set of recommendations organized around  the following topics:  Code usability and accessibility Permit processing and administration General development regulations Specific use regulations Compliance with State and Federal law  Zones  HOW WILL THIS AUDIT REPORT BE USED2  This Audit Report is a key step towards updating the Zoning Code. This Report will be distributed to the Planning Commission and presented at a City Councilhearing. An Annotated Outline will be prepared based on the recommendations contained in this Report and will be thel basis for preparation of the Draft Zoning Code. Staff may consult with decision-makers during preparation of the Code. The Draft Zoning Code will be presented to the public and decision-makers for review and comment as part of the update process  prior to adoption.  AUDIT REPORT ANALYSIS CODE USABILITY AND ACCESSIBILITY  Rules and regulations are not effective if people cannot find thei information they are looking for ori if they do not understand the rules and regulations. Given zoning's central role in shaping the community, the  Zoning Code should be logically organized, well-formatted, and easy to use. A user-friendly document should have thei following minimum features:  Atable of contents that provides descriptive chapter and section titles, sO a user can quickly find thei information they are looking for. Chapters are generally organized by topic. Headers and footers that allow readers to navigate the document. AC consistent organizational structure across chapters, creating predictability and increased awareness of where tot find similar information across like chapters or sections. An index of terms that is generally consolidated in one location for easy reference with cross- references for specialty terms defined elsewhere in the code.  February 2021  Page I1    City of Fowler Zoning Code Update  Audit Report  This section contains general observations about the existing organization, format, and usability, as well as  strategies for improving these aspects int the Code update. Summary Observations Observation 1: Lack of Tables and Graphics The existing Zoning Code includes very limited tables and graphics. Most of the information is currently presented int text and list format, including allowedu use listings and development standards. Much of this information can be condensed into table format or would benefit from the use ofag graphic toi illustrate the meaning ori intent of a standard or defined term. Tables are usefuli forr minimizing redundant information by consolidating repetitive items, such as allowed use listings and development standards (e.g., setbacks, height limits) across many zones. By providing information in a table form, consistency and  FIGURE 1: LOTT TYPES  Feu Sutilafidala" satatanaad  tI  Mmarir  differentiation across zones is easier to compare, understand and maintain. Consolidating information in onel location also minimizes the opportunity fori inconsistencies to arise overt time, as focused amendments are made to a use or standard in one location of the Code, rather than having to amend the standard in Incorporating graphics which illustrate design standards are very useful in showing the intent of defined terms, especially those related to building form, and make the Zoning Code and easier to understand.  multiple locations throughout.  Graphics mayi include plan views, elevations, or isometric views. Observation 2: Disjoinfed Chapter Groupings and logical progression toi the Code.  The organization of chapters does not prioritize accessibility and does not present information in an intuitive manner. The Zoning Code update process provides an opportunity to bring ap predictable structure  At typical code structure includes the following hierarchal organization:  Title. The Municipal Code is comprised of individual ordinances, or titles. Title numbering will be Article. The Titles are divided into articles that cover various topics. Articles may be adopted formally with assigned numbering within the overall code structure, but it is not necessary to do SO. Regardless of how articles are treated within the code, they provide important structure for how chapters of the code are organized. The article name identifies the topic around which like Chapter. Articles are divided into chapters. It is useful to group chapters that address like topics together sO that they may be numbered and listed consecutively in the table of contents. For example, all residential: zones should be grouped consecutively, followed by all commercial zones, sO on and so forth. This prevents chapters from getting "lost" in the overall structure of the code  dictated by the existing Municipal Code organization.  chapters are organized.  February 2021  Page 11    City of Fowler Zoning Code Update  Audit Report  and provides a more user friendly and efficient experience for both applicants and staff. The numbering of chapters ideally reserves space to accommodate new chapters as additions to the Code are adopted. Although this is not mandatory, it does help ensure that the organizational structure oft the code is not disrupted as new chapters may be adopted in the future. Sectlon. Chapters are divided into sections. Section titles should be descriptive enough to allow for  easy navigation of content.  Fowler'sZoning Code does not follow this hierarchy. Instead, articles function as chapters. In addition, the Zoning Code is separated from the rest of the municipal code. One goal of this update is to reorganize A large portion of the Code features inconsistent chapter and section formatting. This provides little predictability for the user, making it difficult to find thei information they seek, and to understand ifcertain standards or procedures apply, or if they were left out deliberately. In a user-friendly code, section numbering is standardized across like chapters, ensuring the same topics are covered in the same order, leading to predictability and intuitive navigation of the Zoning Code. Since Fowler's Code sections are not currently structured with much, if any, consistency, it is difficult to navigate to the relevant section and  information tot follow the preferred hierarchy listed above. Observation 3: Inconsistent Formatting  creates uncertainty for the user.  Example:  Articles 25 and 28 both cover permit procedures: Conditional Use Permits and Site Plan Review,  respectively. However, the section organizationi isi inconsistent across chapters.  Differenttopics: are covered ine eachArticle.. Article 250 covers eight topics while Article 260 covers Different section numbers reference the same information. Appeals are referenced in section  11.  five of Article 25 while Article 26 discusses appeals in section three.  Section Number .01 Purpose .02 Application Procedures .03 Notice of Planning Commission Hearing .04 Planning Commission Findings and Conditions .05 Appeal tot the City Council .06 Use Permit tol Runy with the Land .07 Unclassified Conditional Uses  Article 25 Conditional Use Permits  Article 26-Site Plan! Review  Purpose Application Procedures Appeals Design Review Conditions of Approval Use Permit Procedure Street Dedications and Improvements  .08 Conditional Use Permits for Liquor Stores, Bars, Night Building Permit Clubs, Convenience Stores, Retail Uses Selling Alcoholic Beverages for Consumption Either Non-Site or Off-Site; Book, Magazine, and Stationary! Stores; Theaters and  Auditoriums; Tattoo Parlors  .09 .10 .11 February 2021  Lapse of Sitel Plan Approval Revocation Site Plan tol Run with the Land  Page 11    City of Fowler Zoning Codel Update Recommenddtions  Audit Report  1. Integrate the use of tables for repetitive information, like allowed use listings and common 3. Adjust structure of the Zoning Code to use articles as organizing structure, with chapters to address 4. Reorganize section titles consistently, so the same topics are covered in the same order within  development standards. specific topics. similar chapters.  2. Integrate graphics where appropriate for ease of use and clarity.  PERMIT PROCESSING AND ADMINSIRAIION Ane effective Zoning Code provides predictabilityl inl how permitsa are processed. This includes identifying specific procedures for each  LEVEL OF REVIEW and efficient ando canl be approved! by  permit type, as well as identifying common processing procedures Over the Counter Reviews are: simple that may apply to all or most types of permit. Identifying common planning staff inp person, without processing procedures in one location eliminates redundancy, additional oversight. makes changes to those procedures easier to implement, and Staff Level Reviews are generally creates consistency for the user. Eachs step ini the process should! be approved by the Community The level of review required for each permit type also greatly Public Reviews applyt too complex, influences how much time (and therefore, effort and money) will subjective approvals carried out byt the be expended to approve a proposed development. Approvals that Planning Commission or City Council and license approvals) are generally the simplest and least expensive reviews. Next are the staff level reviews (i.e., permits that may be approved by the Community Development Director, which are not immediately handled at the counter but don't require a public hearing. Procedures that require public hearings before the Planning Commission or City Council take the longest. However, even the simplest approvals can become complicated without a clear procedure or standards to guide review and decision-making. The City of Fowler has thei following decision-making bodies and officers established.  Development Director and require additional processing time but dor not requirea public hearing. require public hearings.  clearly outlined so there is no ambiguityi in the requirements.  can be completed at the counter (e.g., building permit or business  Community Development Director. The Community Development Director may taket final action on ministerial and administrative permits. No public hearings are required. Discretionary decisions approved by the Community Development Director are subject to appeal to the Planning PlanningCommision. Thel Planning Commission is the decision-making body for most discretionary permits (e.g., conditional use permits and variances), among other permit types. Public hearings are required for Planning Commission decisions. Planning Commission decisions are subject to appeal toi the City Council. The Planning Commission also reviews and makes recommendations to the City Council on tentative tract maps, general plan amendments and zoning ordinance  Commission.  amendments.  February 2021  Page 11    City of Fowler Zoning Code Update  Audit Report  City Council. The City Council generally delegates authority for implementation of the Zoning Ordinance to either the Planning Commission or Community Development Director. However, it retains final decision-making authority for legislative decisions such as general plan amendments and zoning ordinance amendments, upon recommendation from the Planning Commission. The City Council also hears appeals on actions by the Planning Commission. Public hearings are This section contains general observations about the existing permitting procedures and administration of  required.  regulations, as well as strategies fori improving these aspects ini the Code update.  Summary Observations  Observation 1: Lack of Clear Administrative Responsibillies  Administrative responsibilities are not comprehensively discussed in Fowler's Zoning Code. The only discussion of administrative responsibility is found in Article Four, which outlines the Planning Commission's scope of authority. Not clearly identifying administrative duties requires applicants to read through all procedures, in various locations in the Code, to understand what decision-making body or Ina addition, the lack of clarity around administrative duties contributes to inconsistency in the way applications are processed and approved. In other terms, current practice is not always consistent with the responsibilities outlined int the Code. Consolidating the discussion ofadministrative duties and aligning approval procedures with current practice will ensure that City staff can accurately process applications and that applicants have a clear understanding of what the review process will look like before the  officer is responsible for processing their application.  application is submitted.  Observation 2: Permitted Uses Require Discretionary Actions "by-right" uses. This means they typically require ministerial demonstration of compliance with objective standards (e.g.,  Generally, cities and counties employ two types of approval processes: ministerial approvals and discretionary approvals. The desired uses for each: zone are allowed as permitted uses, oftenn referredt to as approvals whereby the necessary permits are issued upon MINISTERIAL V. DISCRETIONARY setbacks, height, parking requirements). These uses are Ministerial approvals are considered "by- generally approved by the Community Development Director. right" and permits arei issuedi ifa project The premise is that the zone is intended and designed to (e.g., setback, height, parking requirements). accommodate the permitted uses, which makes approval easy Ministerial. approvals arer not subject to Discretionary approvals, whereby the approving authority may requirements tol be addedt to a permit (e.g., considerf. factors other thanr minimum compliancer with objective the approving authority. Discretionary standards, typically focus on two aspects of a proposed approvals can be appealed.  APPROVALS  complies withs specific objective standards Discretionary: approvals allow for additional condition ofa approval): att the discretion of  and objective, with al low! level of review.  appeal.  development:1)t the physical design and improvements; and,2) thereby increasing risk and cost for such development.  the operational characteristics of the use. The discretionary aspect of such approvals generally requires more. scrutiny, more in-depth review and analysis, andi instills al level ofu uncertaintyin the approval process,  February 2021  Page 11    City of Fowler Zoning Code Update  Audit Report  InF Fowler, every new use established requires a Site Plani Review, with: some limited exceptions. Asaresult, the establishment of a permitted use is subject to a discretionary action, which is typically reserved for more complicated development applications. A review of how permitted uses are processed is necessary in order to streamline appliçation reviews while still ensuring consistency with Code requirements and Ina addition, while it is generally left to local jurisdictions to determine what type of action is required for various permit types, there are several uses regulated at higher levels of government that are required to be approved through a ministerial process. Accessory dwelling units and some communications uses are examples ofs such uses. In! Fowler, these uses alsor require Site Plan Review prior to approval. Since Site Plan Reviews are discretionary, the City lacks an appropriate permit review process for those uses required to  providing appropriate levels of notification.  bei ministerial actions. A1 truly ministerial review process should be established.  Observation 3: Applicabilily for Permifs is Unclear  Most articles pertaining to planning applications do not include clear applicability thresholds. This is demonstrated in Article 26, Site Plan Review, which outlines application requirements and timelines, but does not explicitly state when a Site Plan Review is required by an applicant. This is also the case in the remainder of the articles covering permit procedures (Articles 22-28) including, administrative approvals, conditional use permits, variances and minor deviations, and planned unit developments. Alternatively, site plan review applicability thresholds are often found in the zone regulations themselves. While this does establish applicability thresholds, it is not an intuitive location and leads to confusion and unnecessary time spent determining when as site plan review applies to a project. In bothi instances, either lack of or improperly located applicability thresholds can lead to confusion in determining the type of  application required for a project.  Observation 4: Some Chapters Contain Optional Guidelines  Ordinances are local laws that establish objective and enforceable rights, responsibilities, standards, requirements, and procedures. The regulations contained in ordinances are required and compulsory. Guidelines, whleveryuselulandi importantint the development reviewa and approval process, ares subjective statements of preference and desirable and negotiable outcomes, not compulsory standards and requirements. Article 16, Design Review, contains suggested design guidelines for multifamily, residential, and commercial uses, rather than compusolyregulations, Including such guidelines ina a Zoning Codei isr not ab best practice. Typically, such optional guidelines are contained in a separate document that may be  referenced by the Zoning Ordinance  Observation 5: Minimal Flexibility in Code Requirements  There are very limited provisions in place to review and approve minor exceptions to code requirements or confirm conformance with previous approvals at the staff level. Formalizing procedures that allow for some fiexibility in code requirements! is al best practice thata allows stafft to respond to special circumstances and changing markets without requiring amendments to the code. Procedures that are typically included  are:  February 2021  Page 11    City of Fowler Zoning Code Update  Audit Report  Similar Use Determinations. Allows for uses not listed on the allowed use table to be added and processed without requiring a text amendment. Fowler does not have a process for determining Minor Exceptions or Deviations. Allows for minor exceptions (typically a deviation of 10% or less) to select development standards to reasonably accommodate projects without requiring a variance. Fowler'sZ Zoning Code addresses minor deviations in Article 27, Section 8. Under current procedures, minor deviations are discretionary acts carried out by the Community Development Director. Should an application1 for minor deviation be denied, the applicantmayapplyforv Variance. Substantial Conformance Determinations. Allows for minimal changes in project designs to occur under a previously approved permit without requiring an applicant to start over with a new application. Fowler's Code does allow the Community Development Director to authorize minor modifications to approved Site Plan Reviews, however it is recommended that a universal substantial conformance determination process be implemented to help streamline the approval Code Interpretations. Allows for a designated review authority to make an official interpretation of the code without the need for an amendment to the code. Section 9-5.103 of Fowler'sZoning Code outlines procedures for code interpretations, stating that Planning Commission makes findings and recommendations to City Council for action. Requiring code interpretations to be made by the City Council does not provide flexibility at the staff level for responding to changing markets nor does it offer a meaningful alternative to a Zoning Code amendment, which also  similar uses.  process across all permit types.  requires City Council review and approval.  Recommenddtions  1. Reorganize and consolidate common permit procedures and approval authorityi in one location. 3. Determine which permit types and procedures can be eliminated, amended, or confirmed tor reflect 4. Review approval types to determine appropriate level of review and make approvals ministerial 6. Establish or revise existing procedures that add flexibility to the Code for determination at staff  2. Identify clear applicability standards for each type of permit.  current practice. where appropriate. level.  5. Separate Design Review Guidelines from the Zoning Code.  ZONES  The Fowler General Plan has 13 land use designations, each with a description of the types of uses and  development intended for the designation (see  February 2021  Page I1    City of Fowler Zoning Code Update  Audit Report  Appendix A). As the primary implementing tool, the Zoning Code needs to identify at least one implementing zone per General Plan land use designation. The General Plan land use designation description and density and intensity standards serve as the basis for the allowed uses and development standards int thei implementing zone. Each: zone establishes development standards and identifies the uses allowed within that zone. There are currently 21 different zones on the Fowler Zoning Map. The following figure provides an illustration of the relationship of a General Plan land use designation toan  implementingzone.  Land Use Designation  General Plan  Descption of Intent  Density and Intensity Standards  Implementing Zone  Zoning Code  Purpose and Intent  Use Listing  Type of Permit Required  Development Standards  This section contains general observations about the existing zones, allowed uses, and development  standards, as well as strategies fori improving these aspects in the Code update.  Summary Observations  Observation :Zone Districts Shouid be Reviewed for Consistency with the Generai Plan. The Fowler General Plan features a General Plan/Zoning Consistency Table as part ofi its land use element, which outlines each general plan land use designation, along withi intended density andi intensitystandards, andi its corresponding zone district. Ideally, land use designations found in the General Plan should have at least one equivalent implementing zone district. The following zoning districts referenced by the General  Plan are not present in the existing Code:  R-MP (Residential Mobile Home Park) MP (Business Park)  Newzones willl be established toi implement General Plan land use designations not currentiyimplemente. Each zone will have a stated purpose, allowed use listing, and development standards that are directly related to the description and density/intensity standards adopted for the General Plan land use There are: alsoz zone districts established within the Code that are not referenced byt the General Plan. These  designation.  zones willl be reviewed and revised ifr necessary.  P(Off Street Parking District) Form Based Code Area  February 2021  Page 11    City of Fowler Zoning Code Update  Audit Report  Ina addition, each zone will be reviewed for compliance with thei intent oft the land use designation outlined in the General Plan. A review of how density is calculated will be completed to ensure each zone's  development standards are consistent with land use designations. Observation 2: Allowed Use Listings are Too Specific  There are allowed use listings that appear to be unnecessarily specific (e.g., ice dispensers, poultry and rabbit butcher shops, luggage stores, scientific instrument stores, stamp and coin stores, etc.). Many of these uses have no functional or operational difference from broader terms, such as general retail, offices or manufacturing. Allowed use listings should be general enough to minimize specificity where possible. Uses that require special considerations or that have special permitting requirements or standards attached (e.g, through the specific use regulations) may bel listed but should generally be limited. Thea allowed usel listings willl ber reviewed to add or delete uses, consolidate uses, and determine appropriate  level of approval.  Observation 3: Allowed Use Listings are Repetitive with Minor Distinctions  In addition to being overly specific, the uses listed in the Code tend to be repetitive, with minor nuances that do not make them functionally different. This often leads to the same type of use falling within two different use listings, often with conflicting permit requirements. For example, "entertainment centers" and "gaming and entertainment centers" are functionally the same use; however, entertainment centers are permittedi int the C-2 (Community Commercial) district while gaming and entertainment centers require a conditional use permit ini the same zone. All uses should be reviewed to add, delete, or consolidate uses  where possible to avoid redundancy andi inconsistency.  Observation 4: Certain Uses Have Conflicting Permit Requirements  There are al handful of similar uses found to have different permitting requirements, even within the same zone district. This occurs even when there is no difference in the wording of allowed uses. For example, private lodges and clubs are listed as both a conditional and administrative use in the RM (Residential Inconsistencies like this are prevalent, with conflicts occurring throughout several zone districts. Conflicting permitting requirements make it difficult or impossible for applicants to anticipate the time and cost associated with developing their project without seeking confirmation on the appropriate process directly from the City. Uses should be reviewed to determine appropriate approval type andi inconsistencies should  Multifamily) district.  be eliminated. Recommenddtions  1. Establish new zones as needed to implement the General Plan Consistency Matrix. 2. Review zone districts for consistency" with General Plan policies. 3. Review and amend the allowed use listings for each: zone. 4. Eliminate antiquated, unused, and unnecessarily detailed usel listings. 6. Review permitting requirements for each use and eliminate inconsistencies.  5. Organize allowed uses into comprehensive tables for ease of reference, comparison, modification,  and maintenance.  February 2021  Page 12    City of Fowler Zoning Code Update  Audit Report  GENERAL DEVELOPMENT REGULATIONS  Clear, detaileds site planning and development standardsa are ani important component ofeyeryzoningcode. General development regulations augment the site-specific development standards associated with This section contains observations about existing regulations relative to general development standards,  individual zones (e.g., lot size, height, setbacks).  as well as strategies for improving these aspects in the Code update.  Summary Observations  Observation :: Development Standards Can be Consolidated for Ease of Reference The current Zoning Code contains development standards and operational: standards in multiple locations throughout the Code. General development: standards that apply to multiple zones: should be consolidated, ensuring repetition of standards is minimized. Cross-references should provide the link between the  allowed uses in each: zone andt the applicable general development standards. Observation 2: Not all General Plan Policies are Well Implemented  Fowler's General Plan contains many policies whichi impact the Zoning Code. Generally, these policies focus on density and intensity standards, community design, downtown preservation, economic development,  and land use compatibility.  Many of these concepts are carried out in the Zoning Code:  Density andi intensity standards in the Code are generally consistent witht the General Plan land use Community design and downtown preservation are addressed through the HB (Highway The Form Based Code. Area fosters downtown preservation by setting controls on building formi in Land use compatibilityisa addressed through buffer and screeningrequirements around potentially  designations.  Beautification) zone as well as the Form Based Code Area. order to create an economically viable downtown  harmful uses.  One policy area thati is not fullyi implemented is economic development. The structure of the Zoning Code, including poor organization and inconsistent allowed uses and permitting requirements contribute to unpredictability in the development process, which can inhibit economic development. Moving forward, General Plan policies will be addressed, and Code regulations will be reviewed and updated as needed to ensure thei intent of the General Plan is beingi implemented.  Recommendations minimize redundancy.  1. Consolidate all general development standards into one location for ease of reference and to 2. Review existing standards for consistency with thei intent of General Plan goals and policies.  February 2021  Page 13    City of Fowler Zoning Code Update  Audit Report  SPECIFIC USE REGULATIONS  Zoning codes often provide additional site planning, development, and operational standards fora a variety of specific land uses. Specific uses may warrant additional regulations for a variety of reasons, including compliance with State and federal laws, local preference on how specific uses are developed or operated, orinresponse to addressing issues in hows specific uses are operated and maintained. Specific use regulations are used as a strategy to increase predictability in the development review process and project  SPECIFIC USES thatr may warrant special regulation compliance with Statel law ora are of  implementation. Consistent development and operational standards Specific uses aret types of land uses applied to specific uses may also facilitate review of certain projects beyond the rules outlined by the at a lesser level of review (e.g., Community Development Director underlying zone district. Many review instead of Planning Commission review) or transition projects specific uses are subject to froma discretionary: approval toa a ministerial approval. This approach special concern tot the community. officials while still achieving the desired outcome and protections for specific uses and surrounding uses. Observation 1: Not. Al Stafe Regulaled Specific Uses are Covered in the Existing Code As described: above, specificuser regulations are used toi increase predictabilityi in the development process. Inaddition1 to uses which mayb be ofs special importance locally, there are many uses whichare: alsoregulated at higher levels of government. The State of California regulates specific uses including accessory dwelling units, telecommunication facilities, ands supportive housing. While design standards for theset types of uses may ber regulated att the state level, iti is still beneficial for local ordinances to address them as welli in order to clarify procedural process. Fowler's Coder regulates several specific uses which are regulated by the State  can reduce the administrative burden on the City staff and elected  Summary Observations  of California, including:  Attached housing Mobile Home Parks Accessory: and. Junior Accessory Dwelling Units The keeping of pigeons Telecommunication facilities Manufactured Homes  These usesv will be reviewed for consistency with State regulations, including allowed design standards and In addition, there are several State regulated uses not addressed in the existing Code. A review of these Observation 2: Specific Uses Should be Considered as a Mefhod fo Streamline Approvals Fowler's Zoning Code identifies several specific uses which are not regulated at the state level, including bed and breakfasts and mobile foody vendors. These are examples which have been determined at the local level to require additional operational oversight or specialized design standards. In doing so, it is possible to implement additional oversight while simultaneously increasing the level of predictability for the  approval type (ministerial versus discretionary).  uses will occur and willl bei integrated. as specific uses into the Code update.  February 2021  Page 14    City of Fowler Zoning Code Update  Audit Report  applicant and decreasing the level of review required for approval. This is beneficial because predictable standards and lower levels of approval are typically faster and less costly than the alternative. Moving forward, uses currently identified as conditional or administrative uses may will be reviewed to determine  which may benefit from having specific use regulations established.  Recommendations  1. Review specificusesi for consistencywithstathstateregulations, andi integrate additional State regulated  uses into the Code as necessary.  2. Determine which allowed uses may benefit from: specific use standards. COMPLIANCE WITH STATE AND FEDERAL LAW  In California, it is generally left to cities and counties to determine how to best regulate land uses and development in their jurisdiction. However, there are certain exceptions that require local regulations to be either consistent with or preempted by State or Federal law. Based on a preliminary review of the existing Code regulations, following are the items that will require updates of existing regulations or preparation of new regulations for consistency with applicable laws and will be addressed as part of the update process. Some of thei items identified belowa are currently included Fowler's Zoning Code; however, reviews willl be conducted of all existing language to ensure itr reflects thel latest legislative requirements. Additional items may be addressed during a more detailed review of existing regulations and preparation  oft the Draft Zoning Code.  Items to be/ Addressed  Definitlons. Definitions of various terms shall be updated for consistency with State and Federal law, including "accessory dwelling unit", "efficiency unit", "employee housing", "family", "mobile home unit", "multifamily residential unit", "single-family residential unit", "single room occupancy unit", transitional. and supportive Reasonable accommodation procedure. Local jurisdictions are required to provide a process to make reasonable accommodations in rules, policies, practices, or services when such accommodations. are necessary to afford an Solar energy systems. Localj jurisdictions are required to have a permit procedure in place that expedites small residential rooftop solar energy systems. These are typically limited to ministerial: approvals, unless af finding can be made based on substantial evidence that as specific, adverse impact on public health or safety would result. Approvals of solar energy systems for agricultural or commercial use are alsor required to bei non-discretionary. Permit streamlining. Local jurisdictions may not enactg growth management poliçies or prohibit or render infeasible housing development projects without making very specific findings. Localj jurisdictions may! hold no Density bonus provisions.. Jurisdictions are required to allow density bonuses for affordable housing Water efficlent landscaping. Localj jurisdictions are required to adopt the state's model water efficient landscape  housing", and' "target population".  equal opportunity to use ande enjoya a dwelling.  more than five hearings for certain applications and appeals. developments. Specific guidance on allowances are provided. ordinance (WELO) or a local version in compliance withi the WELO.  February 2021  Page 15    City of Fowler Zoning Code Update  Audit Report  Transitional ands supportive housing. Transitional and supportive housing shall be allowed in all zones that allow residential uses int the same manner as other residential uses are allowed int those zones. Residential care facilities. Residential care facilities serving six or fewer clients shall be al by-right (ministerial) use Employee Housing Act. Employee housing that serves six ort fewer persons shall bet treated as as single-family structure ands shall be allowed int the same manner: as other single-family: structures int thes same zones andi int the same manner of approval. Employee housing that consists of noi more than 36 bedsi ina a group quarters or12 units or spaces designed for use bya a singlet family or household shall be deemed ana agricultural land use and Manufactured homes and mobile homes. Localj jurisdictions shall allow thei installation of certified manufactured Accessory dwelling units (ADUS). Accessory dwelling units are required to be ministerial and recent legislation has further refined the allowances for localj jurisdictions tor regulate such units, including restrictions onr required parking ift the ADU meets certain criteria, standards for lot coverage, andl lot size. Thet time to process an application has been reduced from 120t to 60 days. Additionally, SB 68 now requires that one ADU and one Junior ADUI be allowed per lot with a single-family dwelling, ifcertain requirements are met. Adult-oriented business. Localj jurisdictions may regulate aduit-oriented businesses, including adopting specific standards that regulate the time, place, andr manner of operation of sexually oriented businesses. Specific Large family day care homes. Large family day care homes shall be allowed in any zone where residential uses are allowed. A permit may be required byt thel localj jurisdiction but must be reasonable and are limited int the Single room occupancy (SRO) units. Local jurisdictions shall allowf for the development of single room occupancy  allowed ina all residential zones.  shall bei treated int the same manner: as other agricultural: activities int the same: zone, homes on a foundation system onl lots zoned for conventional: single-family: structures.  guidance on what the ordinance may! limiti is provided. scope ofi issues that can be regulated.  units.  February 2021  Page 16    City of Fowler Zoning Code Update APPENDIX A  Audit Report  GENERAL PLAN LAND USE DESIGNATION DESCRIPTIONS  General Plan Land Use Desgnaton/Descripton  Density /Intensity 0.0-3.6du/ac  Low! Density Residentlal  Low density residential is characterized byl larger lots for single family residential development. Minimum lot size would be 10,000 square feet with lots sizes ranging from 10,000t to 12,000 square feet and larger. Iti is not envisioned that lots greater than one acre Medium low density residential is characterized primarily by single family homes witha minimum lots size of 7,000 square feetr ranging to 10,000 square feet.  ins size would be appropriate within the City limits. Medium Low Density Residential Medium Density Residentlal  3.7-5.5 du/ac  Lots as small as 5,000 square feet would be permitted. Mobile home parks and apartments 5.6-13.5du/ac within this density range will meet the needs of many households without thet financial means ort the desire to be homeowners. The most compatible zone districts are R-1-5,R-1-  6, R-1-7,R-2-A, and R-MP. High Density Residential  13.6-21.8 units per gross acre. The! high-density land use category provides for the! highest 13.6-21.8du/ac residential densities permitted int the City. Iti isi intended that this category utilize innovative site planning, provide on-site recreation, and bel located near major community facilities, business centers and streets of atl least collector capacity. Greater density for senior's housing only may be achieved: subject to a Conditional Use Permit. The most compatible Neighborhood commercial provides for a: 10-acre or smaller cluster of commercial uses serving convenience and commercial needs, buta also offering general merchandise, variety, and: specialty items. The neighborhood commercial center is intended tos serve the: smaller The community commercial designation provides an activity center oriented towards the downtown as permitted int the C-2 district. The designation is also appropriate outside the downtown in primary commercial districts where ai range ofr retail, financial, governmental, and entertainment activities occur. Community Commercial land use areas outside the downtown should be developed as unified commercial centers, except where the existing development pattern or parcelization makes iti impractical. Mixed use residential uses are also encouraged in Community Commercial locations by Conditional Use Permit where This designation provides for commercial areas witha a wide range of retail ands service activities along major traffic corridors as permitted in the C-3 district. Highway commercial uses as permittedi int the C-H district are permitted at thei interchange of major streets with  zone districts are R-2, R-3-A, andF R-3. Nelghborhood Commercial  40%  market area: surrounding thes site. Community Commercial  40%  appropriate. General Commerclal  40%  February 2021  Page IA-1    City of Fowler Zoning Code Update  Audit Report Density /ntensity  General Plan! Land Use Desgnation/Description  Highway 99 and Golden State Boulevard and are intended to provide for visitor-serving This designation provides for office development as permitted int the C-1 and C-2 zone districts. Commercial uses contemplated as part of this category include business: support This category establishes light industrial: areas where uses: such asf fabricating, assembly, research. and development, electronics, lowi intensity warehousing and other suchs similar industrial uses are: appropriate. All work, materials, ande equipment. storage are generally conducted indoors. Special landscaping, enclosures and others site development standards are appropriate. Industrial park development isi intended on larger parcels to create distinct districts of industrial, office, ands support uses. The M-1 and M-P districts are most Thel heavy industrial category allows those uses which require exposed or unenclosed processing and storage of uncovered materials ore equipment. The designation provides for manufacturing, fabrication, processing, assembling, wholesale ands storage uses, trucking terminals, and quasi-public and utility services structures and facilities. The M-2 designation This designation provides sites for permanent agriculture, as well as areas reserved for long This designation indicates areas owned and maintained by public or institutional agencies such as facilities owned byt the city, schools, hospitals, and other facilities. This designation determines areas of permanent open spaces, parks and/or areas  uses, includingrestaurants, lodging, and gasoline.  Office Commercial  50%  services ands support restaurant: and medical services.  Light Industrial  60%  consistent with this designation. Heavy Industrial  60%  in most consistent with this designation.  Agriculture term urbanization. Publlc Facllity  Not Stated Not Stated Not Stated  Parks & Open Space  precluded from major development.  February 2021  Page IA-2    Fowler Development Code Update Title 9 - Chapter Outline Updated 2-4-2021  CONSIDERATIONS FOR OUTLINE ORGANIZATION AND CONTENT The following considerations informed the organization and general content of this outline. These considerations were derived from some of the recommendations included in the Audit  Report. Topic Code Usability and Accessibility  Consideration  Use fables and graphics to minimize redundancies and dlustrate application and standards: and defined tems. Organize chapters in groups by topic. Use cross references to minimize redundancies. State and Federal laws.  Incorporate new regulations as needed for compliance with applicable  Permit Processing and Administration Zones:  Establish common application processing procedures. Consolidate and organize pemmit procedures. Consolidate zones where feasible,  Organize similar zones into related groups (e.g. residential, commercial, Organize allowed uses and development: standards: into) comprehensive tables: for ease of reference, comparison, modification, and Consolidate all general development standards info one location for ease Identify additional general development standards that should be addressed in the Code update to reflect the needs of Fowler. Consolidate all special use regulations into one location, for ease of Identify additional: specific uses that should be addressed in the Code Ensure that the code. meets the requirements: of state and federal  industrial). maintenance.:  General Development Regulations Specific Use Regulations Compliance with State and Federal: Law.  ofreference and to minimize redundancies.  reference and to minimize redundancies: update to reflect the needs of Fowler,  Provide Definitions. legislation,  Pagelof4    Fowler Development Code Update Title 9- Chapter Outline Updated 2-4-2021  TITLE 9: PLANNING AND ZONING Article 1: General Provisions (4 Chapters) Chapter 9.05: Purpose and Applicability Chapter 9.10: Administrative Responsibility Chapter 9.15: Rules and Interpretation Chapter 9.20: Enforcement of provisions in the Zoning Code.  This chapter will explain the purpose of the Zoning Code, authority relative to the Govemnment Code, and applicability of regulations (e.g.. new use/structure, change in use, existing This chapter will identify the City's designated planning agencies (e.g. City Council, Planning Commission, City Manager, and Community Development Director and establishes responsibility for administering the code. Committee responsibilities willl be handled separately. This chapter explains what the general rules of interpretation are (e.g.. rounding of numbers, This chapter willi include allrules, responsibilities, and procedures relative to the enforcement Article 2: Administration, Permits, and Procedures (16 Chaplers) Procedures are listedi in alphabetical order. These chapters will describe purpose, applicability, project review and action, required findings, expiration, appeals, amendments to applications, and other relevant sections. Sections will reference the procedures in Chapter 9.30when common application processing procedures apply. Chapter 9.25: Land Use and Development Approval Requirements This chapter willi include generaln requirements for development and newl land uses, identify allowable land uses and requirements for permits and entitlements, and list exemptions from requirements for permits and entitlements. Chapter 9.30: Common Application Processing Procedures This chapter will explain each component of the permit and entitlement process in general terms. At a minimum, components would include: Application Filing and Fees, Determination of Completeness, Application Review and Report, Public Hearing and Public Notice, Approving Authority, Appeals, Effective Date, New Application, Approvals to Run with Land,  development).  shall VS. should). This chapter also includes Code Interpretation process.  Time Limits and Extensions, Modification and Revocation. Chapter 9.35: Conditional Use Permit- Major and Minor (New) Minor CUPS will replace Administrative Use Permits moving forward. Chapter 9.40: Development Agreement (New) Chapter 9.45: General Plan Amendment (New) Chapter 9.50: Home Occupation Permit Willi include standards for home occupations. Chapter 9.55: Minor Deviation Chapter 9.60: Planned Unit Development permit process involved when processing a PUD. Chapter 9.65: Sign Permit Chapter 9.70: Similar Use Determination (New) requiring a text amendment.  Allows forr minor exceptions (typically a deviation of 10% or less) to: select development standards to reasonably accommodate projects without requiring a variance. This chapter shall cover permitted uses, standards, and regulations for PUD's, as well as the Allows for uses not listed on the allowed use table to be added and processed without  Page2of4    Fowler Development Code Update Title 9 - Chapter Outline Updated 2-4-2021 Chapter 9.75 Site Plan Review- Major & Minor (New) Chapter 9.80: Specific Plan (New) Chapter 9.85: Temporary Use Permit Chapter 9.90: Variance Chapter 9.95: Zone Clearance (New) Chapter 9.100: Zoning Code/Map Amendment Article 3: Zones (6 Chapters)  This chapter wille establish a ministeriai, streamlined review process for permitted uses. Will include pre-zone/onnexdlion, and rezoning/text amendments. requirements, and development standards. Each chapter willi include:  Base: zone chapters will describe purpose, description and intent, allowed uses and permit Asi single allowed use matrix with all of the land use classifications in the left column and all of the City's base zone districts across the topi row. The table will be populated with permit types for each allowed use (e.g., plot plan, conditional use permit, not permitted). References to the applicable specific use regulations chapters willl be included, as A: single development. standard matrix with all of zone development standards (e.g., setbacks, height, lot size) in the left column and all of the City's! base zone districts across the top row. The table will be populated with the applicable measurement of development standard. References to the applicable general development standards Individual zones within each use zone category willl be determined based oni the consistency This chapter will establish the City'sZoning Districts (consistent with the General Plan) and references the Zoning Mapi for designation and distribution of the City'sZoning Districts. Zoning Districts are listed and described in terms of base districts, overlay zoning districts, and any other special districts. This chapter may also include a General Plan and Zoning Consistency Table. This chapter will alsoi include the process of adopting a zoning map and the use of a  applicable, in the table.  chapters will be included, as applicable, in the table.  analysis.  Chapter 9.105: Establishment of Zones  land use classification system. Chapter 9.110: Residential Zones Chapter 9.115: Commercial Zones Includes form based codes. Chapter 9.120: Industrial Zones Chapter 9.130: Overlay Zones  Chapter 9.125: Ag, Public Facilities, Parks, and Open Space  This chapter will reiterate the purpose of establishing overlay zones and willl list all of the City's overlay zones (e.g.. Highway Beautification Overlay Zone) along with any special/unique allowed use and/or development standards applicable to each overlay district. Arficle 4: Site Development Regulations and Performance Standards (12 The following general development standard chapters will describe purpose, applicability, permit requirements and exemptions, development standards. Development standards will generally be organized by standards applicable to all zones and standards applicable by zone category (e.g., Residential, Commercial, Industrial, Agriculture, Public Facilities, Parks and  Chapters)  Open Space, Overlay).  Chapter 9.135: General Development Standards  Page3of4    Fowler Development Code Update Title 9 = Chapter Outline Updated 2-4-2021  This chapter will describe general development standards in terms of building site requirements, height measurements and exceptions, and setback requirements and  exceptions.  Chapter 9.140: Accessory Structures and Uses -Include sale of produce on agricultural properties. -Incidental uses (office and retail) Chapter 9.145: Dedications and Improvements Chapter 9.150: Density Bonuses, Incentives, and Concessions Chapter 9.155: Fences, Walls, and Screening Chapter 9.160: Landscaping Standards Chapter 9.165: Outdoor Lighting Standards Chapter 9.170: Parking and Loading Standards Chapter 9.175: Performance Standards wallsi in chapter 9.155. Chapter 9.180: Signs Regulations Chapter 9.185: Waste Facilities Chapter 9.190: Utilities  Includes air quality, noise, odor, and vibration standards. Noise could cross reference with  Arlicle 5: Specific Use Regulations (13 Chapters)  The following specific use regulation chapters will describe purpose, applicability, permit requirements and exemptions, development standards, and operational requirements. Additional findings for approval may also bei identified along with other relevant sections as  appropriate.  Chapter 9.195: Abandoned Service Stations Chapter 9.200: Accessory Dwelling Units Chapter 9.205: Adult Business Use Chapter 9.210: Alcohol Beverage Sales and Consumption Chapter 9.215: Auto-related Uses Includes auto repair shops and mobile food vending. Chapter 9.220: Drive-in and Drive-Through Uses Chapter 9.225: Farmer's Market Chapter 9.230: Cannabis Culdlon/Monuloclwing and Sale Chapter 9.235: Mobile Homes and Mobile Home Parks Chapter 9.240: Outdoor Sales, Display and Seating Chapter 9.245: Outdoor Storage Chapter 9.250: Recycling Facilities Chapter 9.255: elecommunication Facilities Arficle 6: Nonconforming Uses (1 Chapter) Chapter 9.260: Non-conforming Uses and Structures Article 7: Definitions (1 Chapter) Chapter 9.265: Universal Definitions definedi in one of the previous chapters.  This chapter will establish City policyf for treatment of legal non-conforming uses and structures, including limited expansion and the process to request special consideration.  This chapter willi include all specialized terms used throughout the Code (not otherwise  Total (53 Chapters)  Page4of4    Fowler Development Code Update Annotated Outline for Presentation v1  February 2021  CONSIDERATIONS FOR OUTLINE ORGANIZATION AND CONTENT The following considerations are recommended in order to create a new Title for Subdivisions that would optimize efficiency, ease of use, and reduce redundancy across the overall Fowler Municipal Code. These considerations were derived from some of the recommendations  included in the Audit Report. Topic General  Consideration  Use tables and graphics to minimize redundancies and illustrate applicalion and standards and defined terms. Organize chapters in groups by topic. Use cross references to minimize redundancies. State and Federal laws.  Incorporate new regulations as needed. for compliance with applicable  TITLE 11: SUBDIVISIONS  Procedure chapters (Article 2 and Article 3) will generally describe purpose, applicability, suomtidirequrements, review and action, findings, appeais, revisions, substantial conformance, and amendments, expiration and extensions, and other appicalionspec.ific requirements. Sections will reference the procedures in Title 9 (Planning and Zoning) as appropriate to minimize  redundancies in procedures.  Article 1: General Provisions (4 Chapters) Chapter 11.05: Purpose and Applicabillfy regudtions.including: exceptions. Chapter 11.10: Adminlstrative Responsibillty procedures, and general application processing. Chapter 11.15: Rules of Interpretation Chapter 11.20: Enforcement provisions in the Subdivision Code. Article 2: Maps Required (4 Chapters) Chapter 11.25: Tentative Maps Chapter 11.30: Vesting Maps Chapter 11.35: Common Interest Subdivislons Includes condominiums. Chapter 11.40: Final Maps and Parcel Maps Chapter 11.45: Cerlificates of Compliance  This chapter will explain the purpose of the Subdivision Code, authority relative to the Government Code as well as conformance to the General Plan, and applicability of This chapter willi identify the responsible authorties fori implementing the regulations,  This chapter explains what the general rules of nferpreldtionare  This chapter willi include all rules, responsibilities, and proceduresreldlive to the enforcement of  Article 3: Certificates, Adjustments, and Mergers (4 Chapters)  Page1of2    Fowler Development Code Update Annotated Outline for Presentation v1  February 2021 Chapter 11.50: Lot Line Adjustment Chapter 11.55: Lot Merger Chapter 11.60: Reversion to Acreage Chapters) Chapter 11.65: Design Standards  Article 4: Subdivision Design, Dedication, and Improvement Standards (4 This chapter will cover applicability and exclusions, general design requirements, street design, grades, alignments, intersections, alleys, lot and block design, required access, energy This chapter will cover applicability, easements, waiver of access, title insurance requirements for dedications, park and recreation fees and dedications (as applicable to subdivisions), and This chapter will cover applicability, required improvements (including off-site improvements), design and access, commencement of improvements, improvement plans, agreement, security required, acceptance, deferral and phasing ofi improvements, and: substantial  conservation, and other relevant desgnrequiremenls. Chapter 11.70: Dedications and Fees  payment of other fees and credits as they relate to subdivisions. Chapter 11.75: Parkland Dedication and Fees Chapter 11.80: Improvements  conformance. Release of securities will also be covered. Arficle 5: Definitions (1 Chapter) Chapter 11.85: Definitions  This chapter will include efinlions/desctplions of all applicable terms in Title 11.  Total (17 Chapters)  Page 2of2    ITEM  5E-1  FOWLER CITY COUNCIL  Consent Regular Item Workshop Closed Session Public Hearing ITEM NO: 5E-1  1908  REPORT TO THE CITY COUNCIL  April 6, 2021 FROM: SUBJECT  WILMA QUAN, City Manager  Actions pertaining to the Fiscal Year 2018-19 year-end close of the City of Fowler's financial records 1. Approve a consultant services agreement with Price Paige & Company, Accountancy Corporation (Price Paige), to provide professional consulting services for the City of Fowler's 2. Approve Budget Amendment Resolution No. 2496 to appropriate $80,000 to Price Paige for the FY 2018-19 year-end close of the City of Fowler's financial records and assistance with the  and assistance with the completion of the June 30, 2019 audit.  Finance Department in an amount not to exceed $80,000.  preparation of the June 30, 2019 audit.  RECOMMENDATION  Staff recommends approval of a consultant services agreement with Price Paige in an amount not to exceed $80,000 for professional consulting services for the FY 2018-19 year-end close of the City of Fowler's financial records and assistance with the June 30, 2019 audit preparation, authorizing the City Manager or her designee to execute the agreement on behalf of the City; and adoption of proposed Budget Amendment Resolution No. 2496 to appropriate $80,000 for this agreement.  BACKGROUND  Inc order to address the current state of the City's financial records it is recommended that Council approve a consulting services agreement with Price Paige and a related Budget Amendment Resolution appropriating an amount not to exceed $80,000. Finance Department staff has revealed that the City's financial statements have not been reconciled and an audit has not been finalized Because of the incomplete audit for FY 2018-19 due to the unreconciled bank accounts for eleven months (August 2018 through June 2019), the City has not collected $514,316 of Transportation Development Act (TDA) Article 8 streets and roads funds from the Fresno County Council of  since FY 2017-18.    Governments. ItIs staff's understanding that this $514,316 is available for disbursement once the City's TDA audits are up to date. In addition, the City has not received senior meal monies from Fresno Madera Area Agency on Aging (FMAAA) since FY: 2017-18. Staff has confirmed that the City will become eligible for those senior meal monies after the City has completed all outstanding audits for FY 2018-19, FY 2019-20, and FY 2020-21, with no issues for two consecutive years. Iti is estimated that the earliest the City will be eligible for the senior meal money through FMAAA will be FY 2021-22. In addition, the Finance Department staff is concerned that the City is unable to show appropriate match requirements for various outstanding grant opportunities without having completed Due to the urgency of this situation and the importance of having current financial statements and audits, it is recommended that Council confirm dispensing with the formal competitive purchasing process and award the consulting services agreement to Price Paige consistent with the City's Purchasing Policy, Section 7 - Exceptions to Purchasing Methods, Subsection I, which authorizes Council to waive the formal process when immediate commencement of services is in the best Staff believes Price Paige is uniquely qualified to begin work associated with the proposed scope of services immediately. Price Paige is uniquely qualified to perform this work because of their experience in dealing with the small cities in the San Joaquin Valley with similar circumstances; their long list of references who commend their work product; their familiarity with the City of Fowler's accounting system; and their established and good working relationship with the City's Independent As outlined in Exhibit A of the attached Consulting Services Agreement, Price Page proposes to:  audited financial statements for FY2018-19 and FY2019-20.  interest of the City.  Auditor.  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,  2019, audit;  function as a liaison with the City's external auditors; and prepare the City's bank reconciliations for all months in FY: 2018-19.  Itis anticipated that a contract amendment and related Budget Amendment Resolution will be brought forward to Council at a later date for work associated with FY 2019-20 and FY 2020-21. This additional scope of services will be negotiated between Price Paige and the City Manager after the  consultant gets a first-hand understanding of the true state of the City's finances.  FISCAL IMPACT  Rectifying the financial situation that currently exists within the City of Fowler is a critical element in moving the City forward as well as managing its day to day operations. The Finance Director has confirmed that there is sufficient General Fund and Water Fund balances to cover the not to exceed amount of $80,000 for this consultant services agreement. Once all the outstanding financial statements and audits are completed, it is anticipated that the return on investment will be achieved almost instantaneously due to the ability to recoup the outstanding TDA Article 8 monies of $514,316.  Attachments:  Consultant Services Agreement Budget Amendment Resolution    CITY OF FOWLER  ACCOUNTING CONSULTANT SERVICE. AGREEMENT  This Accounting Consultant Services Agreement ("Agreement") 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 as substantive part of this Agreement. This Agreement shall be effective on  April 6, 2021 ("Effective Date").  RECITALS  A. City desires to obtain non-audit accounting consultation services ("Services") more fully described in the proposal from Consultant attached as Exhibit A, whichi is incorporated herein by reference. B. Consultant is engaged in the business of furnishing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary toj perform the Services. C. City desires to retain Consultant, and Consultant desires to provide the City with the Services, on the NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and  terms and conditions as set forth int this Agreement.  Consultant agree as follows:  AGREEMENT  1.  Scope of Services. Consultant shall perform the Services described in thel Recitals and detailed in Exhibit A. Changes in thes scope of Services, including the work performed and/or deliverables produced, shall be made in writing and particularly describe the changes in Services, including payment/costs and  schedule/term, as applicable.  2.  Priority and Conflicts: Exclusions. Ifthe terms and requirements oft this Agreement conflict with Exhibit A, this Agreement shall control. No contractual terms and/or conditions found inl Exhibit A shall purport to waive, disclaim, or limit Consultant's liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services performed by Consultant. 3. 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 May 31, 2021 ("Completion Date"), unless extended beyond this date by mutual consent oft the Parties. This Agreement may be terminated prior to the Completion! Date pursuant to Section 171 herein. City and Consultant shall mutually agree on a: schedule for performance of the Services and completion of any deliverables. The schedule shall be subject to modification based on the City'so operational Payment for Services. City shall pay Consultant for the Services performed pursuant to this Agreement according to Consultant's standard hourly rate(s). The total amount paid by City to Consultant for The foregoing is inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. City shall pay Consultant for Services satisfactorily performed pursuant to this Agreement. Consultant shall  needs. City will notify Consultant in advance of any modification to the: schedule.  4.  the Services shall not exceed Eighty Thousand Dollars ($80,000).    submit monthly invoices to City containing detailed billing information regarding the Services provided and unless otherwise specified in Exhibit A, City shall tender payment to Consultant within thirty (30) days after Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services asi independent contractors and not as officers, employees, agents or volunteers of City. Consultant is engaged in an independently established trade, occupation, or business toj perform the Services required by this Agreement and is hereby retained to perform work that is outside the usual course of City's business. Consultant is free from the control and direction of City in connection with the manner of performance ofthe work. Nothing contained int this Agreement shall be deemed to create any contractual relationshipl between City and Consultant's employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant's employees or subcontractors, any Consultant Representations: Standard ofCare: Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified int the field for which Services are being provided under this Agreement and Consultant and any subcontractors. are now, and will be throughout their performance of the Services under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members oft their profession, shall use reasonable diligence and bestj judgment while performing the Services, and: shall comply with all applicable laws, regulations, and industry standards, including without limitation applicable law for properly safeguarding any financial data andi information obtained from City necessary to perform the Services.  receipt ofinvoice. 5.  claim or right of action against City.  6.  7. 8.  [Reserved]  Subcontractor Provisions. Consultant shall include ini its written agreements withi itss subcontractors, ifany, provisions which: (a)i impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) entitle City toi impose upon subcontractors the assignment rights found elsewhere in Power to Act on BehalfofCity. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalfof City except as may be expressly authorized in advance in writing from time to time by City and then only to 10. Record Keeping: Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft ofall reports upon reasonable request by City 11. Ownership and Inspection of Documents. All data, tests, reports, analyses, documents, records, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and  this Agreement. 9.  the extent ofs such authorization.  and ofall final reports prepared by Consultant under this Agreement.  2    all Work Product shall be turned overt to City promptly at City's request or upon termination ofthis Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval ofCity. This obligation shall survive termination oft this Agreement and shall survive 12. Confidentiality. All Work Product prepared and performed by and on behalfofConsultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information. acquired during performance ofthe Services, except to its agents, employees and subcontractors who need such confidential information in order toj properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to  for four (4)years from the date ofe expiration or termination oft this Agreement.  be bound to these confidentiality provisions.  13. [Reserved]  14. Conflicts ofInterest. Consultant warrants that neither Consultant nor any ofits employees have an improper interest, present or contemplated, in the Services which would affect Consultant's or its employees' performance of the Services and the Work Product produced. Consultant further warrants that neither Consultant nor any ofits employees have real property, business interests or income that will be affected by the Services. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person whoi is employed by the City or a member of 15. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors ini interest, in the event ofa default or breach by City for any amount which may become due Consultant or its successor, or forany breach ofany obligation under the terms oft this  any City Board or Commission.  Agreement. 16. [Reserved]  17. Termination of Agreement. This Agreement shall terminate as provided in Section 3, unless  terminated earlier pursuant to the following:  a.  Termination by City: For Convenience. City may at its discretion terminate this Agreement  for convenience and without cause upon ten (10) days prior written noticet to Consultant. Upon receipt ofa termination notice pursuant to this subsection, Consultant shall promptly discontinue all Services affected, upon ten (10) days prior written notice to the other party ofa a material breach, and a failure within that time Services satisfactorily performed prior to service oft the written notice oft termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value ofi its Services provided. However, in no event shall such payment when added to any other payment due under the applicable part oft the work exceed the total compensation ofsuch part as specified! Section 4. In the event of termination due to Consultant's failure to perform in accordance with the terms oft this Agreement through no fault ofCity, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by suchi failure.  unless the notice directs otherwise.  b.  Termination by City or Consultant: For Cause. Either party may terminate this Agreement  period to cure or commence reasonable steps to cure the breach.  C.  Compensation to Consultant Upon Termination. Consultant shall be paid compensation for  3    d.  Effect ofTermination. Upon termination of this Agreement, Consultant shall: (i) promptly  discontinue all Services affected, unless the notice oftermination directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant inj performing this Agreement, whether completed or in process. Consultant 18. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit B. 19. Indemnitya and] Defense. Consultant hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes ofaction, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) ofe every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Consultant ori its subcontractors relating to the performance of Services and the safeguarding of any financial data and information obtained from City necessary to perform the Services described herein to the fullest extent permitted by law, unless thei injuries or damages are the result ofCity's sole negligence or willful misconduct, subject to any limitations imposed by law. Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination ofthis Agreement for any items specified herein that arose or occurred during the term of this Agreement. 20. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Services under this Agreement, and unemployment and workers' compensation insurance, social security, or any other taxes upon the wages ofConsultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business license from City and pay the applicable business license fee to City during the term oft this Agreement. 21. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment ofany monies due Consultant from City under thet terms oft this Agreement to any other individual, corporation or entity. City 22. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one ofthe  may not refuse to provide such Work Product for any reason whatsoever.  retains the right to pay any and all monies due Consultant directly to Consultant.  following methods: a. delivery. b. ofacknowledgement. C. delivery. d.  Personally delivered to the party to whom it is directed. Service shall be deemed the date of Delivered by e-mail to a known address ofthe party to whom iti is directed provided the e- Delivery by ar reliable overnight delivery service, ex., Federal Express, receipted, addressed Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be  mail is accompanied by an acknowledgment ofreceipt by the other party. Service shall be deemed the date to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of  deemed delivered seventy-two (72) hours after deposit.  4    23. Entire Agreement. This Agreement, including the Exhibits and any other attachments, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to thes subject matter herein. This Agreement may be amended 24. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the  only by written instrument signed by both City and Consultant. parties hereto and their respective successors and assigns.  25. [Reserved]  26. Severability. Ini the event any term or provision oft this Agreement is declared to bei invalid or illegal for any reason, this Agreement will remain ini full force and effect and will be interpreted as though such invalid or illegal provision were not a part ofthis Agreement. The remaining provisions will be construed to preserve the intent and purpose oft this Agreement and the parties will negotiate in good faith to modify any 27. Applicable Law and] Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Thel language of all parts ofthis Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, Califomia. Consultant shall perform the Services required under this Agreement in the County of Fresno, California. 28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver ofany provision ofthis Agreement shall be deemed, or shall constitute, a waiver ofa any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver oft thes same provision. Failure ofeither party to enforce any provision ofthis Agreement shall not constitute a waiver oft the right to compel 29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon 30. Executioni in Counterparts. This Agreement may be executed in counterparts such that thes signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall 31. Alternative Dispute Resolution. Ifa dispute arises out oforrelating to this Agreement, or the alleged breach thereof, and ifsaid dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, buti in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall beari its own costs ofr mediation. Ifmediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute. Demand for mediation shall be in writing and delivered to the other party to this Agreement. A demand for mediation shall be made within reasonable time after the claim, dispute or other matter in question has arisen. Ini no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by  invalidated provisions to preserve each party'sa anticipated benefits.  enforcement oft the remaining provisions of this Agreement. any party not a signatory to this Agreement. bec deemed ai fully executed. Agreement.  California statues of limitations.  5    32. Non-Discrimination. Consultant shall not discriminate based on any protected class under federal or State lawi int the provision ofthe Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, buti is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual  orientation, marital status, and disability.  Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.  CONSULTANT Fausto By: Fausto Hinojosa, Audit Partner Date: March 29, 2021  CITY OF FOWLER By: Date:  Bxojpaa  Wilma Quan, City Manager  Party Identification and Contact Information:  Consultant Price Paige & Company Attn: Fausto Hinojosa Audit Partner 5701 N. Magnolia Clovis, CA93612 usto.zppepas.com (559)299-9540  City of Fowler Attn: Wilma Quan City Manager 128 S.5th Street Fowler, CA 93625 guanellowierus (559)834-3113  file: I: lwdocs:00250.00lagr00862121.DOC    EXHIBIT A  CONSULTANT PROPOSAL  7    PRICE PAIGE & COMPANY Accountancy Corporation The Place to Be  March: 3, 2021 Ms. Wilma Quan, City Manager City of Fowler 128 S.5St. Fowler, CA 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 the following:  for the year ended. June 30, 2019.  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, 2019 audit, and function as al liaison with the City's external auditors for any areas 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 year 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 Government Auditing Standards and such services will not be conducted in accordance with Govemment 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  inw which we assist.  the modified accrual to full accrual basis of accounting.  2019.  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    March 3, 2021 Page 2  Electronic Data Communication and Storage and Use of Third-Party Service Provider  Int the interest of facilitating our services to the City, we may communicate byf 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 that 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 int the electronic site with the original document.  standards. We also require all of our third-party vendors to dot 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 fort the year ended June 30, 2019, 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 of 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 will 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 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 of 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  original fee estimate. release date.  billed at the hourly billing rate for thei individual involved, plus out-of-pocket expenses.    March 3, 2021 Page 3  be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF AI 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. In no event will our firm be liable for incidental or consequential damages resulting from our performance on this engagement, even if we havel 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 aty your earliest convenience. This agreement will become effective Ifthe 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 to this letter.  Sincerely, 25 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    EXHIBIT B  INSURANCE REQUIREMENTS  Prior to commencement oft the Services, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit B. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Services pursuant tot this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant's performance of Services under this Agreement, and: for any additional period specified herein. Alli insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable  to the City. a.  Minimum Limits ofl Insurance. Consultant shall maintain the following types ofinsurance  with limits no less than specified:  (i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $1,000,000.00 per occurrence or claim and $1,000,000 in the aggregate. Said insurance shall be maintained for an additional period offive years following the earlier of completion of Consultant's Services under this (ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. IfCommercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate  Agreement or termination oft this Agreement.  limit shall be twice the required occurrence limit.  (iri) Worker's Compensation Insurance as required by the State of California. (iv) Automobile Liability Insurance in an amount not less than $1,000,000 per accident for (v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit oft the  bodily injury and property damage.  City, its officers, officials, employees, agents and volunteers.  IfConsultant maintains higher limits than the minimums shown above, the City shall be entitled to  coverage at the higher limits maintained. contain, the following provisions:  b.  Other Insurance Provisions. The general liability policy is to contain, or be endorsed to  (i) For any claims related to the Services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess ofthe Consultant's insurance and shall not  contribute withit.  8    (ii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification (in) Consultant grants tot the City a waiver ofa any right to subrogation which any insurer ofsaid Consultant may acquire against the City by virtue ofthey payment ofa any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver ofsubrogation, but this provision applies regardless of whether or not the City has received a waiver ofs subrogation endorsement (iv) Any deductibles or self-insured retentions must be declared to and approved by the City of Fowler. The City may require the Consultant to purchase coverage with al lower deductible or retention or provide proof fofability to pay losses and related investigations, claim administration, and defense expenses insurance coverages, including the required endorsements prior to commencing Services under this Agreement; and the production ofs such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant's right to be paid any compensation under this Agreement. City's failure, at any time, to object to Consultant's failure to provide the specified insurance or written evidence thereof(either: as to the type or amount of such insurance), shall by this section, City may (but is not required to) purchase such insurance on behalfo of Consultant, and the Consultant shall pay the cost thereoft to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay fors such insurance performed int this Agreement, the Consultant shall cover the subcontractor, and/or require eachs subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special  oft the coverages: required herein.  from the insurer.  within the retention. C.  Evidenceo ofCoverage. Consultant shall deliver to City written evidence of the above  not be deemeda waiver ofC City's right toi insist upon such insurance later.  d.  Maintenance of] Insurance. fConsultant fails to furnish and maintain the insurance required  with funds otherwise due Consultant under this Agreement.  e.  Subcontractors. Ifthe Consultant should subcontract all or any portion oft the work to be  subcontractor's insurance shall have thes same impact as described above.  f. circumstances. g.  Special Risks or Circumstances. The City reserves the right to modify these requirements,  Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements  int this section shall not in any way limit, in either scope or amount, thei indemnity and defense obligations  separately owed by Consultant to City under this Agreement.  9    BUDGET AMENDMENT RESOLUTION 2497  The City Council oft the City of Fowler does hereby amend the 2020-2021 Budget as follows:  SECTIONI- ADDITIONS  Account Number 100 -6030-5220 500 - 5000-5220 Total  Account Description  Amount $60,000.00 20,000.00 $80,000.00  Purpose:  To contract for accounting services from Price Paige & Company to  complete the staff audit requirements for the FY 2018-19.  SECTION II - SOURCE OF FUNDING  Account Number 100 General Fund 500 Water Fund Total  Account Description  Amount $60,000.00 20,000.00 $80,000.00  Impact: The accounting services will result in completing the FY 2018-19 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 Carlos Sanchez Finance Director  X Wima Quan City! Manager    The foregoing resolution was approved by the City Council ofthe City ofFowler on  TBD, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  APPROVED: X David Cardenas Mayor  ATTEST: X Angela Vasquez Deputy CityClerk    ITEM  7A  $    888 88888 8888 888 888 000 8K88 sos 998 SE  N MA NNU  888 888 8 8 8 888 88888 8888 888 888 8888 888 8 - d8 88 000 000 o o o 000 00000 0000 000 000 0000 000 o o 00    NAN 2 a 99 39 3  2 - me -  mmm   %    25  888 888 888 d8 8 8888 888 888 8 888 888888 000 000 000 o o 0000 000 000 o 000 000000  NN  a 06 5    8888888888 8 8 d0 d8 8888888888 8 8  888 8 o  0000000000 o o  0000000000 o    86619 oor  888 888888888888 8888888 8888888888888888 88888 000 000000000000 0000000 00000000000 000 00000  888888    88888 438888482A9  #88888888488888  8888 888 8 8 88888 38888888888888 8888888888888888 0000 000 o o 00000 000000000000000 0000000000000000  338-888888385 300400000    88#EBR888888888  8 3888888888888888 88 o 00000000000000000 00  800    0        ITEM  7B  MINUTES OF THE FOWLER CITY COUNCIL  SPECIAL MEETING MARCH 16, 2021  Mayor Cardenas called the meeting to order at 6:07 p. m. Roll call was taken.  Councilmembers Present: Cardenas, Rodriquez, Kazarian (arrived at 6:08 p.m.), Parra (Via  Teleconference)  City StaffPresent:  City Manager Quan, City Attorney Cross  PUBLIC PRESENTATIONS There were no public presentations. CLOSED SESSION  The meeting adjourned to a closed session at 6:09 p.m. to discuss:  Pursuant to Government Code Section 54957- - Public Employee Performance Evaluation  Title: City Manager  The meeting reconvened to open session at 7:04 p.m. with no reportable action taken.  ADJOURNMENT  Having no further business, Mayor Pro-Tem Rodriquez made a motion, seconded by Councilmember Mejia to adjourn. The motion carried and the meeting adjourned at 7:00 p.m.    MINUTES OF THE FOWLER CITY COUNCIL MEETING  MARCH 16, 2021  Mayor Cardenas called the meeting to order at 7:04 p. m. Roll call was taken.  Councilmembers Present: Cardenas, Rodriquez, Kazarian, Mejia, and Parra (via  Teleconference)  City Staff Present:  City Manager Quan, City Attorney Cross, Police Chief Alcaraz, Public Works Director Dominguez, Fire ChiefLopez, City Planner Marple, Deputy City Clerk Burrola, and Rebecca Molina  PUBLIC PRESENTATIONS There were no public presentations. COMMUNICATIONS  None.  STAFF REPORTS  Public Meeting to Consider Accepting the 2020 Annual Progress Report for the City of City Planner Marple reminded the council the annual progress report is due April 1,2021,in accordance with Government Code Section 65400. Ms. Marple noted the General Plan Update encountered slight delays due to COVID and not able to execute all of the public outreach that was intended in the year 2020, but completed the policy paper for both climate adaptation and Ms. Marple also highlighted completed 2020 projects which included: annexation of the Woodside Map at Sumner and Sunnyside; approval of Buford Travel Center Project which includes two drive thru restaurants, a sit down restaurant, and al hotel; Three Crowns Industrial City Planner Marple also mentioned staff continues to work with council, city manager, and EDC to attract businesses to Fowler. General plan update workshops will be held in April and May. Ms. Marple also reported, upon further review the completion of the General Plan and EIR will be Ms. Marple also reported that upon further review of the schedule of completion for the General Plan, the initial scheduled completion date was March of 2023. City Planner updated that she is now anticipating the new completion date of the General Plan and the EIR to be November of  Fowler General Plan and Housing Element  environmental justice; and the General Plan Policy Audit Report.  Park continues to facilitate their development.  November 2022 instead oft the initial March 2023.  2022.    Ms. Marple reviewed the Housing Element and annual progress report, mandated pursuant to the government code. The City of Fowler participated with the Fresno COG in the multyurisdictional housing element that covers the eight year period from 2015 to 2023. Fowler's regional housing needs allocation for the 8 year timeframe is 524 units. Thus far, Fowler is at 55 units and is still in need of 286 units to meet the unit allocation. Ms. Marple recommended the council approve resolution 2493 and accept the annual progress reports for submittal to both the office of planning Ms. Marple answered questions from the dais. Confirming the majority of residential building permits issued in 2020 were from the K. Hovnanian subdivision; Woodside Home and possibly KB Homes will possibly pull permits as well. Ms. Marple did note the concern Fowler is not meeting the low and very low allocations put forth by the state, but she and City Manager Quan havei ideas ofhaving partnership conversations with] Fresno County Housing Authority or self-help enterprises. The city has until 2023 to meet the aforementioned allocation numbers; then the city would receive new allocation numbers as part oft the sixth cycle housing element which can exist throughout the city in various zoning districts. Ms. Marple confirmed the smaller homes being built behind people's homes could be considered low income if they meet the criteria. There is currently one ADU (Accessory Dwelling Units) that has been issued this year and anticipate three  and research and the housing and community development department.  more applications coming in soon.  The Mayor opened the floor to public comments on the matter at 7:26 p.m. With no public comments, the hearing closed at 7:27 p.m.  A motion was made by Councilmember Kazarian to approve Resolution No. 2493, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Kazarian, Mejia, Cardenas, Public Meeting to Authorize the City Manager to Submit an Application for Regional Early City Planner Marple briefed the Council on the Regional Early Action Planning Grant Program (REAP). As part of the 2019/2020 budget act, the state allocated $125 million to regions for the REAP.Oft the $125 million Fresno COG was giving $1.1 million; $900,000 has been set aside for the Fresno COG Housing Planning Grants Program. The grant application was submitted to the Ms. Marple requested funds in the amount of $100,000 to facilitate the completion of the general plan to support efficient land use patterns and increase housing opportunities. Funds are also anticipated to be used for a sub-area traffic model pursuant to the vehicle miles traveled analysis and prepare traffic impact analysis guidelines for land use and transportation guidelines. Ms. Marple explained these guidelines will help facilitate the housing element to provide and  Rodriquez, and Parra. Noes: None. Abstain: None. Absent: None  Action Planning (REAP) Grant Funds  COG.  accommodate additional housing opportunities. The Mayor opened the public hearing. No public comments.    Ar motion was made by Mayor Pro Tem Rodriguez to approve Resolution No. 2493, seconded by Councilmember Kazarian. The motion carried by roll call vote: Ayes: Rodriquez, Kazarian,  Cardenas, Mejia, and Parra. Noes: None. Abstain: None. Absent: None.  CITY ENGINEER'S REPORT No report was given. CITY MANAGER'S REPORT COVID-19 Update  City Manager Quan said that according to her weekly call with the Fresno County Department of Public Health the Cityis currently at 977total positive cases. She mentioned that COVID Vaccines were opened up this week to anybody 16-64 years of age with underlying health conditions. City staff continues to post any vaccination clinics and availability on the city website; if anyone knows of any organizations offering vaccinations out in the community please let us know sO that it can be posted on the city website and we can get the word out. Mayor Cardenas mentioned because his place of business is next door to the United Health Center here in Fowler, the center will inform him when they have leftover vaccines available toward the end ofthe day. Councilmember Kazarian asked Councilmember Parra ifhe had any guidance as far as the age requirements and Mr. Parra stated that because ofthe refrigeration issue and the expiration date ofthe vaccine the leftovers are available to any age, but Moderna has the age limit of 18 and Pfizer's age limit is 16 year old. Mayor Cardenas wanted to conclude with announcing that United Health Center in Fowler would also be having a vaccine clinic Ms. Quan went on to discuss the American Rescue Plan and Fowler is ear marked to receive 1.278 million dollars. Ms. Quan has been in contact with the league and that money will allocated to the state and there will be an application process. She went on to explain that there will be two allocations of money given to cities that have a population ofless than 50,000 and the city would have to have a spending plan and spend it by December of 2024. Ms. Quan will keep everyone updated on this matter as she doesn'tbelieve they will have the guideline ready any time soon. She continued to explain that the American Rescue Plan is part ofthe COVID Relief Package that the President signed. Its Ms. Quan'su understanding this is very flexible spending SO a discussion in the Ms. Quan announced outgoing Deputy City Clerk Corina Burrola'sl last day will be Friday, March 19. Councilmember's individually thanked her for her outstanding service throughout her years Lastly City Manager Quan reported that she was nominated as the Vice Chair of the COG Policy Advisory Committee for this upcoming year and she is happy to represent the city of Fowler. The  tomorrow, March 17 from 10:00 a.m. to 1:00 p.m.  future will have to be had in regards to the allocation of these dollars.  here with the city.  council congratulated her.    PUBLIC WORKS REPORT  Public Works Director Dominguez opened his discussion with wanting the council'sconsensus: on reopening the public facility and specifically the city parks and restrooms. Ultimately the decision would be at the discretion of the city. Fresno County Public Health advised him that the city does need to take the necessary precautions and use of proper: signage. Hei mentioned the city does have the ability to sanitize the playground equipment and restrooms at least two times a week or more. Lastly, Mr. Dominguez reported the Panzak Park restroom remodel should be completed this Councilmember Kazarian voiced his opinion of wanting to open up the parks as long as proper protocols are being followed. He added hand sanitizer stations should be made available possibly Councilmember Mejia asked what the county's requirement were on how often they think the equipment should be sanitized on a weekly basis. City Manager Quan answered that it was up to Council unanimously agreed after proper signage and sanitizer stations are available that all city parks should reopen after final inspection of the Panzak Park walk through of the remodeled  Friday, March 19.  in the alley public seating area.  the discretion ofthe city based on staff capacity.  restrooms.  FINANCE DIRECTOR'S REPORT  City Manager Quan reported the job opening for the Finance Director position has been posted. The job posting will close March 26, 2021. She also stated she will have a Finance Item on the  upcoming April 6 council meeting. POLICE DEPARTMENT REPORT  Police ChiefAlcaraz explained how based on the 20/21 budget year he was planning onj purchasing two patrol vehicles however due to the COVID pandemic he scaled it back to purchasing and outfitting one patrol vehicle. It was brought to his attention that the San Joaquin Valley Air Pollution District had qualified the 2021 Ford Explorer Hybrid as a qualifying vehicle for their clean emission grant. He contacted SJVAPD and they were able to revise our application and submitted the application for two hybrid vehicles and approved them. Mayor Pro-Tem Rodriquez asked how old the patrol cars were that would be getting replaced and Chief Alcaraz said they are from 007201L.Councimember Parra agreed that the extra funding needed for the patrol vehicles should be taken out of Measure N funds. Mayor Cardenas asked if Chief Alcaraz has planned to surplus the two Crown Victoria vehicles when they receive the new cars. Chiefmentioned he may surplus them or keep them for hisl high visibility project, but onel he does want to keepasamemento  tol highlight this historic choice of vehicle in law enforcement.  Public comments opened at 7:58 p.m.    Member oft the community, Steve Barela, stated that Measure N should be utilized for the Fire and  Police Departments because that is what it isi intended for.  The public hearing closed at 8:00 p.m.  A motion was made by Mayor Pro-Tem Rodriquez to approve Resolution No. 2495, amending the 20-21 adopted budget to purchase and outfit an additional police department vehicle, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Rodriquez, Parra, Cardenas,  Kazarian, Mejia. Noes: None. Abstain: None. Absent: None.  FIRE DEPARTMENT REPORT No report was given.  CITY ATTORNEY'S REPORT  City Attorney Cross reported that in a future meeting he will need to give a Brown Act update. Councilmember. Parra mentioned that Mr. Cross does need to cover AB 12341 berauseitisrequired.  CONSENT CALENDAR  The consent calendar consisted of: A) Ratification of Warrants - March 16, 2021; B) Approve Minutesofthe City Council Special Meeting - March 16, 2021, and City Council Meeting-I March Mayor Pro-Tem Rodriquez made a motion to approve the consent calendar, seconded by Councilmember Mejia. The motion carried by roll call vote: Ayes: Rodriquez, Mejia, Cardenas,  16,2021  Kazarian, and Parra. Noes: None. Abstain: None. Absent: None.  COMMITTEE REPORTS  Mayor Cardenas made a recommendation to appoint Stephanie Mejia to fill the Recreation Commission vacancy. Councilmember Mejia recused himself and stepped out due to conflict of interest. Mayor mentioned they received three applications. Councilmember Kazarian brought up the subject of nepotism and to be mindful of how this could look to the public because Stephanie Mejia is Councilmembers Mejia'swife. Mayor assured Councilmember Kazarian that Mrs. Mejia isr more than qualified for the position. City Manager Quan wanted to add that she attended the last Recreation Commission Meeting and said that she was very impressed with Mrs. Mejia's work and volunteer involvement and thought she added a lot to the commission. Ms. Quan also confirmed with City Attorney Cross that the Recreation Commissioners do not receive a stipend and they are truly a volunteer. Mayor also brought up that Mrs. Mejia works for Sun-Maid as the event coordinator and very experienced in planning events and would be very beneficial to the Recreation Commission. Councimember Parra added that she is creative, organized, and has done great work with the community. Mayor wrapped up the discussion by asking if the members of    the council accepted his recommendation to appoint Stephanie Mejia to the Recreation Mayor Pro-Tem made a motion to approve the appointment of Stephanie Mejia to the Recreation Commission, seconded by Councilmember Parra. The motion carried by roll call vote: Ayes: Rodriquez, Parra, Cardenas, Kazarian. Noes: None. Abstain: Mejia. Absent: None Councilmember Kazarian reported that he has been meeting with EDC staff on economic Councilmember Mejia reported they have been working very hard on the city wide Easter Egg Scavenger Hunt coming up. Registration for the event opened in February and they had to close it early because they received over 600 participants sign up. They will continue to work on making Councilmember Parra reported that he has been working with City Manager Quan to insure the league to make sure there is a plan to distribute the 1.2 million dollars coming to the city. Mayor Cardenas reported that he had seen a banner on Main Street announcing United Health Center celebrated 50 years of service to the community. He stated he would like to give formal recognition and prepare a resolution for UHC recognize them for excellent service. Councilmember Parra suggested we could recognize Dr. Shankerman who lost his life to COVID.  Commission.  development in the City of Fowler.  itaC COVID safe event.  City Manager Quan suggested aj proclamation.  ADJOURNMENT  Having no further business, Mayor Pro-Tem Rodriquez made a motion, seconded by Councilmember Mejia to adjourn. The motion carried and the meeting adjourned at 8:26 p.m.    STAFF REPORT  DATE: APRIL 6, 2021  TO: RE:  MAYOR AND CITY COUNCIL TRACT 6188 FINALMAP  FROM: DAVID PETERS, CITY ENGINEER  REQUESTEDCOUNCILACTION: Agreement for Tract No. 6188 DISCUSSION:  Approve Resolution No. 2497 Approving Final Tract Map No. 6188 and Subdivision  The Council previously approved the Final Map and Subdivision Agreement for Tract 6188, a 76-lot subdivision in the northeast corner of the Adams Avenue / Armstrong Avenue intersection at the February 2, 2021 City Council meeting. At that time, the property was owned by Sunshine Raisin Corporation,a California Corporation. Immediately afterapproval of the Final Map and Subdivision Agreement, but before the Agreement was signed and the Map recorded, the property changed ownership from Sunshine Raisin Corporation to KB Homes South Bay Inc., a California Corporation. The previously approved Final Map signed by the previous owner cannot be recorded. Accordingly, the new owner has signed the new Final Map, which is the same in all respects as the previously approved Final Map signed by KB Homes has been involved in the development of the Final Map, improvement plans, and compliance with conditions of approval leading up to the approval oft the previous Final Map. KB Homes has submitted bonds and insurance certificates related to the project as required by the Subdivision Agreement. The approval of the Final Map (again) is needed simply because the ownership of the property changed before the previous Final Map was. recorded. Following approval of the Resolution by the City, the City Engineer shall deliver the Final Map and Subdivision Agreement to the Fresno County Recorder for recordation.  the previous owner, and substantially complies with the Tentative Map.  Attachments: 1. Resolution No. 2497 2. Subdivision Agreement 3. Final Map Tract 6188    RESOLUTION NO. 2497  ITEM  7C  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOWLER APPROVING FINAL TRACT MAP NO. 6188 AND. ACCEPTING STREET DEDICATIONS AND EASEMENTS, AND  APPROVING SUBDIVISION AGREEMENT FOR TRACT NO.6188  WHEREAS, KB Homes South Bay Inc., a California Corporation, the Owner and  Subdivider, has presented to the City Council of the City of Fowler, a Final Map of Tract No. 6188 for  approval by the City Council; and  WHEREAS, the City Engineer has verified that all the provisions of the Subdivision Map  Act and of Chapter 4, "Subdivisions," of the Fowler Municipal Code have been complied with, and that said Final Mapi is substantially the same as the Tentative Map thereof, as previously approved by the City  Council; and  WHEREAS, certain streets to be developed in Tract Map No. 6188 have been offered for WHEREAS, the Fowler Subdivision Ordinance requires that street dedications and WHEREAS, the City Council has determined it is in the best interests of the City at this WHEREAS, the public improvements and other conditions of approval ofTentative Tract  dedication to the City of Fowler; and  easements be accepted by the City Council; and  time to accept the streets and easements offered for dedication on the Final Tract Map No. 6188; and Map No. 6188 remain unfinished, and a Subdivision Agreement for Tract No. 6188 has been signed by the Owner and Subdivider which addresses the requirements for the timely completion of the public  improvements and other conditions ofapproval.  NOW THEREFORE, BE IT RESOLVED that the Final Map of Tract No. 6188 is  approved and the dedication of the streets and easements offered for dedication as shown on Final Tract Map 6188 is accepted, and the Subdivision Agreement for Tract No. 6188 is approved; and the Mayor, City Manager, City Engineer, and City Clerk are authorized and directed to sign such documents as necessary and proper to effectuate the approvals herein and recordation of the Final Map and Subdivision  Agreement. Dated: April 6, 2021  David Cardenas, Mayor  I,A Angela Vasquez, Deputy City Clerk of the City of Fowler, do hereby certify and attest that the foregoing resolution was duly passed and adopted at a regular meeting of the Fowler City Council held on  April 6, 2021 by the following vote:  Ayes: Noes: Absent: Abstain:  Councilmembers: Councilmembers: Councilmembers: Councilmembers:  Angela Vasquez, Deputy City Clerk  City of Fowler    CITY OF FOWLER SUBDIVISION AGREEMENT TRACT NO. 6188  THIS SUBDIVISION. AGREEMENT CAGREEMENT) is made. and entered into this  day of  2021, by and between KB Home South Bay Inc., a California Corporation  ("SUBDIVDER'). and the CITY OF FOWLER, al Municipal Corporation ("CITY").  RECITALS  A. Tentative Map No. 6188 (attached hereto as Exhibit "A") has been filed with City for a proposed division of land adjacent to the intersection of Sunnyside Avenue and Sumner Avenue which is located within the corporate limits of the City. This tentative map has been approved and is being developed in a single phase. SUBDIVIDER has requested that the CITY accept and approve the Final Map and the dedications delineated and shown on the Final Map for the use and purposes specified thereon and to otherwise approve the Final Map in order that B. The CITY requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of the streets and public improvements and easements as delineated and shown on the Final Map, and deems the same as necessary for the public use, and requires and deems as necessary for the public use that any and all streets, public improvements and easements delineated and shown on the Final Map shall be improved by the construction thereof and the installation of the improvements specified in this Agreement. C. Certain public improvements are required to be made by SUBDIVIDER in accordance with the approved tentative map of the Subdivision and have not yet been completed Section 66462 of the California Government Code provides, as a condition precedent to the approval of the Final Map, that the City shall require the SUBDIVIDER to enter into an D. The SUBDIVIDER and CITY enter into this agreement to perform and complete the work and matters as hereinafter described in this Agreement, in conformance with the City of Fowler Municipal Code, which Sections by this reference are incorporated into this Agreement  the same may be recorded as required by law.  agreement to complete said public improvements.  made a part hereof.  NOWTHEREFORE, it is hereby agreed as follows:  1. Improvements. SUBDIVIDER shall construct and install all public improvements in the Subdivision as identified on the Final Map and Improvement plans in accordance with all of the requirements and standards as set forth in the approval or conditional approval of the tentative map of the Subdivision, the Fowler Municipal Code, all applicable laws, codes and regulations as determined by the City Engineer and the terms and conditions of this Agreement (collectively "Work"). In accordance with the Fowler Municipal Code, all of the Improvements shall be completed no later than twelve (12) months after the recording of the Final Map and commencement of construction. The SUBDIMIDER shall notify the City Engineer in writing two weeks (14 calendar days) prior to the commencement of construction activities. The City Engineer will then document in writing the beginning of the construction period. Construction shall commence not later than 12 months after recordation oft the Final Map. Request to extend  Subdivision Agreement for Tract? No. 6188: rev KBI HomesPage 1    the time for completion of the Improvements must be in written form and received by the CITY not less than thirty (30) days prior to expiration of said twelve (12) month period and shall include facts to support the extension of time for completion as required by the City Engineer. Only the City Council shall have the authority to extend such time period. The extension period Within thirty (30) days after the SUBDIVIDER notifies the City Engineer that the required Work has been completed, the City Engineer shall inspect such' Work and, if the Work has been performed in the required manner and in accordance with this Agreement, the Final Map, the Fowler Municipal Code and all other applicable laws, codes and regulations, the City Engineer shall advise the City Council that the public improvements are ready for acceptance by the 2. Inspection. The CITY shall inspect all work in accordance with Section 16 of the Fowler Municipal Code, including the SUBDIVIDER'S conformance with the CITY's standard specifications and any and all applicable conditions, standards or requirements, including, without limitation, all conditions, standards or requirements identified at the preconstruction As part of the inspection process, SUBDIVIDER shall retain, at its sole cost and expense, a materials testing company to perform any testing or retesting of the Work as required by the City's Department of Public' Works and/or Building Official. The materials testing firm must be approved by the CITY before any testing or retesting begins. The City's Inspector shall designate the locations for compaction tests, and shall observe all testing procedures. In addition The SUBDIVIDER'S Engineer shall check the grade of all streets prior to surfacing and shall, prior to surfacing, provide written confirmation to the City's Department of Public Works that the street grades conform to the approved grades. Ini the case of asphalt concrete surfacing, the SUBDIVIDER'S Engineer shall, prior to surfacing, set grade stakes and shall be in attendance at SUBDIMIDER shall construct all required improvements in accordance with the applicable improvement plans and specifications. Where concrete curbs and gutters are required and where driveway approaches are not constructed at the time curbs and gutters are constructed, the curb CITY shall schedule a preliminary final inspection and a deficiency list shall be compiled and submitted to the SUBDIVIDER for correction. Upon completion of all corrections or additional work as outlined by the deficiency list, the SUBDIVIDER shall certify, in writing, that all corrections have been completed and request a final inspection. Upon finding that all items have been corrected and receipt of as-built improvement plans, the Subdivision shall be placed The completion of corrections indicated by the deficiency list shall not relieve the SUBDIVIDER from the responsibility of correcting any deficiency not shown on the deficiency list that may be subsequently discovered. Should the CITY require payment of additional engineering and inspection fees and costs for improvements constructed after the stated date of completion, the SUBDIMDER must pay said additional fees and costs prior to acceptance by  shall not exceed three (3) months.  CITY.  conference held prior to commencing the Work.  tos street areas, compaction testing shall be performed in building pad areas.  thet time all surfacing is performed.  and gutter shall be continuous.  on the City Council agenda for acceptance.  the City Council of the improvements.  Subdivision. Agreement for Tract! No. 6188: rev KBI HomesPage 2    3. Costs and Fees. The SUBDIVIDER shall be responsible for all costs and expenses associated with the Work, including, without limitation, the costs identified in the Improvement Cost Estimate attached hereto and made a part hereof and identified as Exhibit "C" to this Agreement. SUBDIVIDER agrees to all amounts identified on Exhibit "C" and agrees to pay when due, all amounts identified on Exhibit "C", including, without limitation, all CITY 66499 et. seq. of the California Government Code, and in such amounts as are required by the CITY, to guarantee the faithful performance of this Agreement including, without limitation, the construction of the Improvements and completion of the Work, and to guarantee payment to contractors, subcontractors, laborers, material men and other persons involved in the performance oft the Work. In the sole discretion of the CITY and with the written authorization of the CITY, the sureties provided by the SUBDIVIDER may be released in whole or in part in the  engineering and inspection fees.  4.  Security. SUBDIVIDER agrees to furnish security, which complies with Section  following manner:  (a) Faithful performance sureties, not in excess of ninety percent (90%) of the estimated costs of the individual items of the Improvements and Work, may be released, or the required surety amounts may be reduced, as work is (b) Forty-five (45) days after recordation of the Notice of Completion for the Subdivision, the sureties securing the payment to contractors and subcontractors, and to persons furnishing labor, materials, or equipment, may ber released if claims including, without limitation, stop notices, have not been (c) Twenty-Five percent (25%) of the total faithful performance surety, retained as the public improvement warranty, may be released one year after the Notice of Completion for the SUBDIVISION has been recorded. In the alternative, SUBDIVIDER shall provide CITY with new warranty security of not less than twenty-five percent (25%) of the Improvement Cost Estimate identified in Exhibit "C" hereto, which security shall have a term of one (1) year from the date of recordation of the Notice of Completion for the  satisfactorily completed and accepted by the CITY.  filed.  Subdivision.  The SUBDIVIDER shall furnish, in writing, proof of adequate security deposit to all utility companies for the installation of electricity, gas, telephone, cable television and any other utility which charges are not part of the improvement Cost Estimate set forth in Exhibit "C". No final map shall be signed by the City Engineer or recorded until all improvement securities required by the Fowler Municipal Code and this Agreement have been received and approved by the CITY. The form of securities shall be one or the combination of forms as be performed pursuant to this Agreement, SUBDIVIDER shall furnish the CITY with a certificate of insurance with as separate endorsement evidencing the following insurance coverages: Commercial and general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Such insurance shall include  approved by the CITY. 5.  Liability. As a condition precedent, and prior to commencement of the Work to  Subdivision Agreement for Tract? No. 6188 rev KBI HomesPage 3    products/completed operations liability, owners and contractors protective blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. The insurance shall name the CITY, its appointed and elected officials, officers, employees and agents and Peters Engineering Group as additional insureds; and be primary with respect to any insurance or self-insurance programs maintained by the CITY, and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees, agents or independent contractors of the SUBDIMIDER, and arising out of or in any way connected with the Work which is the subject of this Agreement. Such policy or policies of insurance shall specifically provide that the CITY shall receive at least thirty (30) days prior to written notice of any cancellation of such policy or policies. Any such notice shall be sent to the attention of the City Engineer. Notwithstanding an inconsistent statement in the insurance policy or certificate or subsequent endorsement attached thereto, the CITY shall be insured or named as an additional insured covering the Work which is the subject oft this Agreement, whether liability is attributable to the SUBDIVIDER or to the passive or active negligence of the CITY. The insurance shall be in effect on the date of this Agreement and shall expire no sooner than one year after the date of recordation of the Notice of Completion for the Subdivision. The cost of providing all required insurance shall be All such insurance shall provide coverage for SUBDIVIDER's obligations of indemnification as  borne solely by the SUBDIMIDER. set forth in paragraph 6 of this Agreement.  The expiration or proposed cancellation of any such insurance policy or policies, for any  reason whatsoever, shall constitute a material breach of this Agreement.  6.  Indemnification. SUBDIVIDER hereby agrees to and shall protect, indemnify,  defend and hold harmless the CITY and all officials, officers, agent, representatives and employees and Peters Engineering Group from and against any and all liability, loss, claims, expenses, or damages of whatsoever kind or character, including attorney's fees and costs of all types, in any way arising out of, or in any way related, directly or indirectly to the' Work to be performed pursuant to this Agreement or the acts or omissions of the SUBDIMDER, SUBDIVIDER'S independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the CITY or its officials, officers, employees, contractors, representatives, and agents while acting within the scope of their duties and regarding, in any way, the Work to be performed pursuant to this Agreement. These indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there is insurance policies covering the applicable damages, claims, or liability. This indemnification shall be binding upon the SUBDIVIDER whether or not there are any allegations of fault, negligence or liability of the parties indemnified hereunder and shall survive the completion of construction of the Improvements and completion of the Work. SUBDIMIDER agrees that the use of any and all public streets and improvements, which are part of the Subdivision, shall be, at all times prior to the final acceptance by the CITY, the 7. Permits and Compliance. Should SUBDIVIDER be required to perform any Work within any public rights-of-way or easements, which are located beyond the Subdivision limits, SUBDIVIDER shall satisfy any and all requirements necessary to obtain an encroachment  sole and exclusive risk of the SUBDIVIDER.  permit from the CITY or any other agency.  Subdivision. Agreement for Tract! No. 61881 rev KB HomesPage 4    The SUBDIVIDER shall install underground, all gas main services, telephone, cable television, and electrical lines, and all electrical transformers, splice boxes, pull boxes, and other SUBDIMDER agrees to make all financial arrangements with Pacific Gas and Electric, Southern California Gas, Comcast Cable, ATT, and any other applicable utility company, to guarantee the installation of all utilities and services to the Subdivision. Copies of all agreements and written evidence of these financial arrangements shall be furnished to the CITY along with a composite underground utility plan prior to beginning construction of the Improvements within the SUBDIMIDER shall make arrangements for the relocation of all overhead and underground public utility facilities along the frontages or that interfere with the construction of the Improvements. The SUBDIVIDER shall be responsible for the full cost of relocating such The SUBDIVIDER shall repair any damage to public streets or other public property or improvements, which results from, or is incidental to, the construction of the Improvements, or in lieu of making such repairs, the SUBDIVIDER shall pay tot the CITY the full cost of such repairs. Building permits for individual lots of the Subdivision may be issued after primary completion of the infrastructure improvements as approved by the City Engineer following inspection. Primary completion is defined as completion of all required improvements except No occupancy permit for any dwelling to be constructed within the Subdivision shall be issued until all required Work and Improvements are substantially complete subject to City Engineer approval. Substantial completion is defined as completion of all required improvements with only minor corrections known as punch list" items remaining. No inspections or approval by the City Engineer will be deemed acceptance by the City Council. Ina accordance with the Fowler Municipal Code, construction methods and materials for all Improvements shall conform to the standard plans and specifications of the CITY. Construction shall not commence until required improvements plans have been approved by the The Improvements shall be constructed in accordance with all applicable street, plumbing, building, electrical and zoning codes and any other applicable codes, rules or The SUBDIVIDER shall require contractors and subcontractors to provide and maintain barricades and warning signs to protect and warn the public of construction hazards. Traffic control shall conform to a traffic control plan approved by the City Engineer. Ifin the opinion of the City Engineer, proper barricades and warning signs are not being provided, the Contractor will be required to immediately stop work until proper traffic control is provided and approved by The SUBDIVIDER shall require all contractors and subcontractors to conform to the applicable provisions of the California Occupational Safety and Health Act ("OSHA"). On site inspection of the work will be requested of OSHA officials and all work subject to this Agreement  existing facilities providing service to within the limits of this Subdivision.  limits oft the subdivision.  utilities and facilities.  paving, sidewalks, landscaping and street lighting.  City Engineer and payment of all fees have been received by the CITY.  regulations of the CITY and the State of California.  the City Engineer.  Subdivision. Agreement for Tract No. 6188 rev KB HomesPage. 5    shall immediately stop if, in the opinion of the City Engineer, any such work is being performed in violation of OSHA, or when appropriate safety measures are not being utilized for the Work. SUBDIMIDER shall be responsible for obtaining an NPDES permit for construction sites in excess of one acre, and shall develop a dust control plan and erosion control plan to mitigate soil migration from the Subdivision. SUBDIVIDER shall be responsible for soil and erosion control throughout the one-year warranty period called for in this Agreement. The SUBDIMIDER shall sweep the streets and alleys periodically throughout the one-year warranty period, at a minimum The SUBDIVIDER and its contractors and subcontractors shall pay for any materials, provisions and other supplies used in, upon, for, or about the performance of the Work, and for any and all work or labor associated therewith and for all amounts due under the worker's compensation and the unemployment insurance acts and all other applicable laws or regulations of the State of California or the United States with respect to such work or labor, including, without limitation, as required by Section 3200 of the California Labor Code and The SUBDIVIDER shall provide and plant one street tree per lot at a location approved by the City's Building Official. The trees shall be planted at the time the dwelling unit on the lot is occupied and shall be selected from a street tree list provided by the CITY. Trees shall be furnished with root barriers and watered via a City approved irrigation system for each lot. The SUBDIVIDER shall install streetlights in the Subdivision. A streetlight plan shall be submitted tot the City Engineer for review and approval. Streetlights shall be LED and be furnished and installed in accordance with CITY, PG&E and Caltrans' standards. The street lighting system shall become the property oft the CITY upon completion and acceptance of the work, without further consideration to SUBDIMDER. SUBDIVIDER'S contract with PG&E ("PG&E" Contract") for the furnishing of electrical power to the Subdivision shall specifically state that all streetlights shall become the property of the City. Each street light shall be furnished with an electrical pull box and grounding rod. The SUBDIVIDER shall number the street light poles in accordance with PG&E requirements. The PG&E Contract shall identify a maintenance rate schedule for the streetlights of Fencing improvements shall be constructed in accordance with City Standards, with appropriate fencing offsets to be provided for sanitation and garbage collection service to each lot, including allowance for approved number and/or style of garbage cans, green waste, and recycling containers. Fencing improvements shall be constructed in such a manner as to eliminate any dirt strip between the fence and the adjacent alley. Where framing improvements face the alley, the SUBDIVIDER shall construct a concrete mow strip in accordance with City standards between the fence and the alley paving. When new homes abut existing homes, developer shall coordinate with the existing homeowners and make arranges for improvements to or replacement of fence The SUBDIMIDER shall furnish to the CITY a set of reproducible as-built plans for all street improvements ("Street Plans"). The Street Plans shall be original ink on vellum or mylar copies. The Street Plans shall include the location of all underground utilities, finished grades for all curb returns and building pads. The SUBDIVIDER'S engineer shall provide a copy of the tract, in digitized format (AutoCAD 2020 or equivalent format as approved by the City Engineer) to the  frequency of once per month.  Section 4200 oft the California Government Code.  LS2C.  between the homes.  City prior to final acceptance oft the improvements and' Work by the City.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 6    SUBDIVIDER agrees to install security devices, acceptable to the City of Fowler Public Works Department in order to protect streetlight and water meter facilities from vandalism. Prior to the acceptance of the Work and release of the security, the SUBDIMDER shall provide to the CITY a certification from its engineer that all work and the construction and installation of all Improvements conform with the approved plans for the Subdivision and the recommendations contained in the Preliminary Soils Reports. A certification shall also be furnished by the SUBDIVIDER'S engineer that all utility trenches have been uniformly compacted to the SUBDIMDER agrees that the City shall inspect all Work and Improvements. All of said Work and Improvements and materials shall be completed, performed and installed under the inspection of and to the satisfaction of the City Engineer. It shall further be the responsibility of SUBDIMIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which Work is to be started to allow for arrangements for appropriate and adequate inspection services. SUBDIVIDER'S failure to notify the City Engineer may cause inspection delays for which SUBDIVIDER will be solely responsible. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked or approved by the City Engineer or inspector. Any damage to the sewer system, water system, storm drainage facilities, concrete work, street paving, or any other improvements that occurs after installation shall be made good to the satisfaction of the City Engineer by SUBDIVIDER before final acceptance of completed work by the City Council. Defective work appearing after final acceptance shall be repaired/replaced under the warranty provisions herein. Upon final acceptance by the City Council of all Work and Improvements as provided herein, SUBDIVIDER shall warrant said Work and Improvements from any defects in materials or workmanship for a period of one (1) year following said acceptance, and a one-year warranty bond shall be furnished by SUBDIVIDER tot the City as herein provided herein. Landscape and Storm Drainage Maintenance District for the provision of maintenance of the landscape areas. The SUBDIVIDER shall provide a signed and notarized covenant and consent for annexation of the Subdivision to the Landscape Maintenance District. The SUBDIVIDER shall notify every potential buyer of lots within the Subdivision that the Subdivision is part of a Landscape Maintenance District. The SUBDIMIDER shall provide the City with a signed copy of SUBDIVIDER shall ensure that all solid waste is collected and disposed of by the City's contract agent, Waste Management, as required by Section 6-2.307 of the Fowler Municipal Code. If SUBDIVIDER uses persons or companies other than Waste Management for general clean up, SUBDIVIDER shall ensure that all solid waste is collected and disposed of by Waste The City Engineer is assumed to be a just arbitrator between CITY, SUBDIVIDER and SUBDIVIDER'S Contractor (herein "Contractor") and the entire work is under his jurisdiction to such end. It is his function to interpret the drawings and specifications; pass upon merits of  percentages specified in the City Standards.  8.  Other Conditions. The SUBDIVIDER shall annex the Subdivision to the City's  such notice indicating acceptance oft the notice by the buyer.  Management.  materials and workmanship.  Iti is agreed that all conditions of approval of the Tentative Map and any Site Plan Review  shall apply to and be included in the Agreement. Subdivision Agreement for Tract! No. 6188 rev KB HomesPage 7    9.  Scheduling. It shall be the responsibility of the SUBDIVIDER to coordinate all  Work performed by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability of one contractor or subcontractor operation delays another. In no case shall representatives of the CITY be placed in the position of making decisions that are the responsibility of the SUBDIVIDER. It shall further be the responsibility of the SUBDIVIDER to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the SUBDIVIDER to notify the City Engineer may cause delay for which the SUBDIVIDER shall be 10. Soil and Dust Control Provisions. The SUBDIVIDER is responsible for arrangement for and payment of all CITY required soil tests at locations as determined by the City Engineer. Payment for said tests shall be made directly by the SUBDIVIDER to the certified Adequate dust control shall be maintained by the SUBDIVIDER on all streets and areas, including, without limitation, undeveloped lots within the Subdivision and all streets outside of the Subdivision, from the time Work is first commenced until all work is completed. "Adequate dust control" as used herein shall mean the sprinkling oft the streets with water or approved dust palliative with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the Subdivision. Whenever, ini the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets, or other areas of the Subdivision, the City Engineer shall give notice to the SUBDIVIDER to comply with these provisions, or, at the election of the City Engineer, notice may be mailed to the SUBDIVIDER at his address on file with the City Engineer. If, within twenty-four (24) hours after personal service or within forty-eight (48) hours after mailing of notice, the SUBDIVIDER has not commenced to maintain adequate dust control or at any time thereafter fails to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any street or streets to be sprinkled with water or an approved dust palliative as may be deemed necessary by the City Engineer to eliminate the scattering of dust. Such dust control shall be performed by equipment and personal of the CITY or by contract as the City Engineer shall determine, and the SUBDIVIDER agrees to pay to CITY, upon receipt of the When the surfacing on any existing street is disturbed, SUBDIVIDER shall immediately replace the surfacing with temporary surfacing and permanently pave the existing street within fourteen (14) calendar days thereafter. All streets shall be maintained in a safe and passable condition at all times between the commencement of construction of Improvements and final 11. Reimbursement. If the City Municipal Code provides SUBDIVIDER with the right to receive cash reimbursement or Development Impact Fee credit because of the construction of certain Improvements or the oversizing thereof, SUBDIVIDER must request payment of the cash reimbursement or preparation of a reimbursement agreement, whichever is applicable, or the Development Impact Fee credit. Such request must be made in writing and received by the City Engineer prior to the date of final acceptance of all improvements by FOWLER City Council. SUBDIVIDER agrees that should it fail to make such written request by the date identified herein, SUBDIMIDER forever waives it's right to request and receive any reimbursement, reimbursement agreement or Development Impact Fee credit.  solely responsible.  testing firm oft the SUBDMDER'S choice.  billing therefore, the entire cost to the CITY of such dust control.  completion thereof.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 8    The following items are eligible for reimbursement related to this Subdivision:  a. 50% of eligible park improvement costs (estimated to be $203,497) to be credited 12. Prevailing Wage Laws, Rules and Regulations. SUBDIVIDER shall comply with and shall require all contractors to comply with all prevailing wage laws, rules and regulations applicable to the Subdivision, the Work and the Improvements. Unless otherwise advised in writing by the CITY, SUBDIVIDER shall be solely responsible for making any and all decisions regarding the payment of prevailing wages for any portion or aspect of the Subdivision, Work or Improvements, including, without limitation, any form of reimbursement by the CITY to the SUBDIVIDER or any contractor. Further, SUBDIVIDER will be solely responsible for the payment of any claims, fines, penalties, reimbursements, payments or any other actions that may be initiated against SUBDIMDER, any contractor, or the CITY as a result of failure to pay SUBDIVIDER shall defend, indemnify and hold harmless the CITY, Peters Engineering Group, its officials, officers, employees, representatives, agents and attorneys from and against any and all claims, damages, losses, judgments, liabilities, expenses and other costs, including, without limitation, litigation costs and attorney's fees arising out of, resulting from or in any way in connection with any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, the Work or the Improvements. SUBDIMIDER's obligation to defend, indemnify and hold the CITY harmless specifically includes, but is not limited to, any suit or administrative action against the CITY which claims a violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the SUBDIVIDER's obligations to defend, indemnify and hold the CITY, Peters Engineering Group, its officials, officers, employees, representatives, agents and attorneys harmless as set forth herein, shall include, but shall not be limited to, staff time, copying costs, court costs, the costs of any judgments or awards against the CITY for damages, losses, litigation costs or attorney fees arising out of any violation or claim of violation of any prevailing wage law, rule or regulation applicable to any portion or aspect of the Subdivision, Work or Improvements and costs of any settlement representing damages, litigation costs and attorney's fees to be paid to The CITY may, at any time, require the SUBDIVIDER to reimburse the CITY for costs that have been, or which the CITY reasonably anticipates will be, incurred by the CITY during the course of any action. SUBDIVIDER shall reimburse the CITY within thirty (30) days of receipt of an itemized written invoice from the CITY. Failure of the SUBDIVIDER to timely reimburse the CITY shall be considered a material breach of this Agreement. All of the provisions of this paragraph 12 shall survive the completion of construction of the Improvements 13. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding such matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or  towards park impact fees.  prevailing wages.  Subdivision, Work or Improvements.  other parties arising out of any such proceeding or suit.  and completion of the Work.  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 9    anyone acting on behalf of any party which are not embodied in this Agreement and no other 14. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 15. Attorneys' Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reasonable reliefto which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court in the County of Fresno, State of California for any 16. Successors and Assigns. The covenants and agreements contained in this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. This Agreement shall not be assigned by SUBDIVIDER without the express prior written consent of CITY, which consent may be withheld in the sole and  agreement, statement or promises shall be valid or binding.  proceeding arising hereunder.  absolute discretion of CITY. the laws of the State of California.  17. Governing Law. This Agreement shall be construed and governed pursuant to  18. Time of the Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the  day of  2021.  CITY OF FOWLER FOWLER CITY MANAGER  SUBDIVIDER  KB Home South Bay Inc, a California Corporation, it's Vice President  Gomes  By:  By:  Wilma Quan  APPROVED AS TO CONTENT:  ATTEST:  1  By:  By:  David Peters, PE City Engineer  Deputy City Clerk  Subdivision Agreement for' Tract! No. 6188r rev KBI HomesPage 10    EXHIBIT 'A' TENTATIVE TRACT MAP  Subdivision Agreement for Tract No. 6188 rev KBI HomesPage 11    EXHIBIT "B"  MPROVEMENT COST ESTIMATE  Estimated construction costs used in this Agreement are increased for projected inflation  computed to the estimated mid-point of construction.  ESTIMATED CONSTRUCTIONCOST  Site Preparation  Construction of all roughgrading, fencing, and wall improvements as shown on the approved improvement plans and in accordance with  City Standards and Specifications. Sanitary Sewer System and Specifications. Storm Drainage System  366,130.00  Construction of all sanitary sewerage facilities as shown on the approved improvement plans in accordance with City Standards  $  267,008.00 114.430.00  Construction of underground cross drains, storm sewerage conductor, $ and disposal facilities as shown on the approved improvement plan in accordance with City Standards and Specifications.  Water System  Install all water mains, hydrants, services and appurtenances as shown on the approved Improvement Plans in accordance with City  Standards and Specifications. DryUtilities  331.262.00  Install all gas, electric, telephone, cable, street lights, and other dry utilities as shown on the approved Improvement Plans in accordance with City and Utility Standards and Specifications.  494,000.00  Street Construction  Construct Type "B" asphalt concrete surfacing over Class 2 aggregate base, curb and gutter, sidewalk, wheelchair ramps, drive approaches, valley gutters, streetlights and misc. improvements as shown ont the approved Improvement Plans in accordance with  City Standards and Specifications. Total Estimate Construction Costs =  $ $  802.404.00 2,375,234.00  Subdivision. Agreement for Tract No. 6188 rev KBI HomesPage 12    SECURITY REQUIREMENTS  Performance Labor and Material Warranty Monumentation Security  $ $ $  2,375.234.00 1,187,617.00 593,808.50 10,000.00  PLANCHECK, AND INSPECTIONFEE  improvement Plan Check and Inspection Fees (3%)= $71,257.00  Less Previously Paid = $7,000.00  Total Due= $64,257.02  Actual plan check and inspections fees in excess of the total amount provided herein shall be invoiced to the Owner by the City for Payment prior to acceptance oft the improvements.  DEVELOPMENT FEES  All development fees are due and payable at the time of issuance of a building permit. Development fees will be determined using the fee schedule in effect at the time of payment.  Subdivision. Agreement for Tract! No. 6188 rev KB HomesPage 13    CMML CODE $ 1189  CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT  cther officer completing this certificate verifies only the identity of the individuai who signed the  Ar notary public which or this certificate is attached, and: not the truthfuiness, accuracy, or validity oft that document.  document to State of Califomia County of 0n_03/L/2621 personally appeared  ) )  Fasne Date -  before me, Laba4  Aitai-Mtypiz Here Insert Name and Title oft the Oficer Gomis  Ay of Signerts)  Zichy  basis of  evidence to be the person(s whose namelp_is/ayé  who proved to me on the subscribed to the within instrument and ort the entity upon behalf of which the personls,  satisfactory acknowledged to me that he/she/they executed the same in  signaturels on the instrument the person(s),  his/hgrtbgir authorized capacity(jes), andt that by! acted, his/pér/tpeir: executed the instrument.  under thel laws  Icertify under PENALTY OF PERJURY of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature.  BAA BOTROS 2135187  Notary Public  H  Place Notary Seal Above fraudulent.  this OPTIONAL information can deter aiteration of the document or  Though this section is optional, reattachment completing of this form to an unintended document.  Description of Attached Document Subdivisi'on Number of Pages: -13 Signer(s) Other'Than Named Above:  03/(/202!  Document Date:  Title or Type of Document: Capacityles) Claimed by Signer(s) Signer's Name: D Corporate Officer = Title(s): Partner - L Limited  Genera: Individual Trustee Other: Signer Is Representing: 02014 National Notary Association  AAAmiST  Signer's Name: Corporate Officer - Titie(s): Partner Limited Generai individual Trustee Other: Signer Is Representing:  A Attorney in! Fact Guardian or Conservator  E Attomey in Fact 3 Guardian or Conservator  www.NationalNotanog 1-800-US NOTARY (1-800-876-5827) Item #5907    BA    3AN3AV 30NV834W31 HIBON LAus2  2R AZ4acN  16 8 4  4 6 4 & 8 d&  & 3  8 s s 8 8  & &  2v3: LEEZCL  3.E2A0S) Irz  3AN3AV 9NO8ISA8V HIJON    CIFLZN  INVI  VIHIHON  AON  30N3AV  HIHON    9B99B9992092BE  E    ITEM STAFF REPORT  7D  CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  TO; FROM: DATE: SUBJECT:  CilyofFowler City Council Dawnl E. Marple, Planning Consultant  April6,2021  Public Meeting to Authorize the Cily Manageri to Submit a Revised Application for Regional  Early Action Planning (REAP) Grant Funds  - Recommendation  Staff recommends the City Council adopt Resolution No. 2498 authorizing the City Manager to submit a grant application to the Fresno Council of Governments (Fresno COG) requesting $125,000 for Regional Early Action Planning Grant Program (REAP) funds and execute any  agreements and documents necessary for the receipt oft funds.  I. Background & Project Description  Staff originally presented this item at the March 16, 2021 City Coundimeting.howeve, since that meeting Fresno COG has extended the grant filing deadline to. April 16, 2021. In addition to the extension of the deadline staff has received two proposals for the development of the Vehicle Miles Traveled (VMT) sub-area model. Staff had originally estimated this task at $25,000; however the two proposals camei in at$ $40,500 and $49,560, respectively. Therefore, siaffsrecommending that the REAP grant application be amended to allow for the increase in costs associated with the VMT: sub-area model. The authorization from Council on March 16, 2021 was for the: submittal of a grant application to Fresno COG in the amount of $100,000. With the increase in the VMT sub-area model task, staffi is revising the grant application to the Fresno COG andr requesting City Council to authorize the submittal of ar revised grant application! in the amount of $125,000. The 2019-20 Budget Act allocated $125 million to regions through the REAP Grant Program. REAP provides one-time grant funding to regional governments for planning activifies that will accelerate housing production and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation. Fresno Council of Govemments (Fresno COG) received $1,114,737.62, of which $900,000 has been set aside for the Fresno COG Housing Planning Grants The $900,000 will be distributed through a competitive regional program tol local govemnments for eligible projects. Funding distribution for the competitive program will depend on the quality and number of applications. However, depending on the number of applications received, itr may be a goal of the program that 35 percent of the funds be awarded to small cities (<100,000 population) and the County.Localj jurisdictions arel limited to three application submissions for this Staff submitted a grant application on Friday, March 5, 2021 to meet the Fresno COG submittal deadline, but will need to re-submit the grant application along with the Council approved  Program.  round of funding.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT resolution of grant authorization. Fresno COG anticipates a 30 to 60-day review and approval period of the grant, and should approve grant awards in late April 2021. Staff is estimating the General Plan Update to be completed by the Fall of 2023 and would expend the REAP fundsi in approximately 12 to 16 months from the date of the grant award. The grant funding must be Staff requested funds in the amount of $100,000 to complete tasks associated with the General Plan Update such as defining and selecting a preferred land use alternative, preparing a sub- area model for vehicle miles traveled (VMT), drafting the general plan elements and establishing The grant funds requested will assistinachieving: the overall objectives of the General Plan Update by accommodating additional housing opportunities to assist the City in meeting its Regional Housing Needs Allocation (RHNA), addressing Climate Adaptation and Environmental Justice, and streamlining future environmental review through the update of the associated Program  California  STAFF REPORT  expended by August 1, 2023.  traffic impact analysis guidelines for land use and ransportationg projects.  Environmental Impact Report (EIR). III. Environmental Review  The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a Approving a grant application is not a project under The California Environmental Quality Act (Section 21000, et. seq. of the Califoria Public Resources Code, hereafter CEQA) because the action has no potential for resulting in either a direct physical change in the environment, or a  potentially significant impact on the environment.  reasonably foreseeable indirect physical change in the environment.  IV. Attachments  A. Revised REAP Grant Application B. Resolution Number 2498    Fresno COG  Housing Planning Grants Program  FINAL GUIDELINES AND APPLICATION  January 2021    PROGRAM GUIDELINES  I.  Background  The 2019-20 Budget Act allocated $125 million to regions through the Regional Early Action Planning Grant Program (REAP). REAP provides one-time grant funding to regional governments for planning activities that willa accelerate housing production and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation. Fresno Council of Governments (Fresno COG) received $1,114,737.62, of which $900,000 has been set aside for the Fresno COG Housing Planning Grants  Program.  II. Program Purpose documents and process improvements that: 1. Accelerate housing production I. Available Funding  Provide competitive grants to local governments for the preparation and adoption of planning  2. Facilitate compliance to implement the sixth-cycle Regional Housing Needs Assessment. Approximately $900,000 willl be distributed through a competitive regional program to local governments for eligible projects. Funding distribution for the competitive program will depend on the quality and number of applications. However, depending on the number of applications received, it may be a goal of the program that 35 percent oft thet funds be awarded to small cities (<100,000 population) and the County. Local jurisdictions are limited to three application submissions for this round off funding.  IV. Schedule Below is the anticipated timeline. Draft Guidelines Released for Review Applications due Scoring Committee convenes Release staff recommendations Policy Board approves awards  Mons  Dae  October 30, 20201 to December 18, 2020  Policy Board adopts guidelines and application packet January 28, 2021  March! 5, 2021 March 23, 2021 April 2, 2021 April 22, 2021  Projects must be completed and submitted to FCOG August1 1, 2023  V. Eligible Applicants  Eligible applicants are limited to local governments of Fresno County (i.e. cities and county). However, local governments, as thel lead applicant, may partner with other forms of governments or entities where the proposal will have a direct effect on land-use or development within the participating  1    Fresno COG Housing Planning Grants Program FY 2020-2021  localities. This includes, buti is not limited to, partnerships with other localities, housing authorities, school districts, special districts, community-based organizations, or any duly constituted governing body of an Indian Reservation or Rancheria. Applicants must provide a signed letter of commitment  from the sub applicant with the application. VI. Eligible Activities  Eligible activities must demonstrate ar nexus toi increasing housing and accelerating production. Eligible activities may be part ofa larger planning effort (e.g., a comprehensive zoning code update) if proposed activities have not been completed prior to the project start date, are distinct, and demonstrate a nexus to accelerating housing production. Eligible activities are not necessarily jurisdiction-wide andi may include as smaller geography with a significant impact on housing production. Fore example, eligible activities mayi include a housing development-related project with as significant community level impact or planning or process improvement for a project with an ongoing community Eligible activities mayi include a variety of planning documents and processes, including, but not limited 1. Rezoning and encouraging development by updating planning documents and zoning ordinances, such as General Plans, community plans, specific plans, implementation of 2. Completing environmental clearance to eliminate the needi for project specific review; 3. Establishing housing incentive: zones or other area-based housing incentives beyond State Density Bonus Law such as aworkforce housing opportunity: zone pursuant to Article 10.10 (commencing with Section 65620) of Chapter 3 of Division 1 ofTitle 7 of the Government Code, oral housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of 4. Performing infrastructure planning, including for sewers, water systems, transit, roads, or other 5. Planning documents to promote development of publicly owned land, such as partnering with other local entities to identify and prepare excess or surplus property for residential 6. Revamping local planning processes to speed up housing production; 7. Developing or improving an accessory dwelling unit ordinance in compliance with Section 8. Planning documents fora a smaller geography (less than jurisdiction-wide), with a significant impact on housing production, including an overlay district, project level specific plan, or development standards modifications proposed fors significant areas of al locality, such as 9. Rezoning to meet requirements pursuant to Gov. Code Section 65583(c)(1), and other rezoning efforts to comply with Housing Element requirements, including Gov. Code Section 65583.2(c) 10. Upzoning or other implementation measurest toi intensify land use patterns in strategic locations,  impact beyond the project.  to, the following as set forth in Health and Safety Code section 50515.03(c):  sustainable communities' strategies, and local coastal programs;  Division 1 ofl Title 7 of the Government Code;  public facilities necessary to support new housing andi new residents;  development;  65852.2 of the Government Code;  corridors, downtown or priority growth areas;  (AB1 1397, Statutes of 2018);  such as close proximity to transit, jobs or other amenities;  2    Fresno COG Housing Planning Grants Program FY 2020-2021  11. Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Committee/Housing Community Development Opportunity Area Maps); 12. Establishing pre-approved architectural and site plans; 13. Preparing and adopting Housing Elements of the General Plani that include an implementation component to facilitate compliance with the sixth cycle RHNA; 14. Adopting planning documents to coordinate with suballocations under Regional Early Action Planning Grants (REAP) pursuant to Health and Safety Code Section 50515.02(f) that accommodate the development of housing andi infrastructure, and accelerate housing production in a wayt that aligns with state planning priorities, housing, transportation equity and 15. Zoning for by-right supportive housing, pursuant to Gov. Code: section 65651 (Chapter 753, 16. Zoning incentives for housing for persons with special needs, including persons with 17. Planning documents related to carrying out al local or regional housing trust fund; 18. Environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary (e.g., less than 15 percent of the total grant amount) and part of a proposed activity with a nexus to accelerating housing production; 19. Other planning documents or process improvements that demonstrate ani increase in housing related planning activities and facilitate accelerating housing production; and 20. Establishing Prohousing Policies pursuant to Gov. Code Section 65589.9(f)(2).  climate goals, including hazard mitigation or climate adaptation;  Statutes of 2018); developmental disabilities;  and  VII. Ineligible Activities  1. Activities unrelated to preparation and adoption of planning documents, and process improvements to accelerate housing production and facilitate compliance to implement the 2. Activities that obstruct or hinder housing production, e.g., moratoriums, downzoning, planning documents with conditional use permits that significantly impact supply, cost, approval certainty and timing, planned development, or other similarly constraining processes; and 3. Project specific planning documents that dor not have a significant impact on accelerating housing production or significant communityl level or reoccurring benefit beyond the project. 4. Fresno COG may consider proposals that are combined with larger proposals that have a positive housing component and the net effect on accelerating housing production is significant. For example, an applicant may propose combining an open-space designation, downzoning, or antidisplacement measures with by-right upzoning that has a significant net gain in housing  sixth cycle oft the RHNA;  capacity. VIll. Eligible Uses eligible activities;  1. Grant funds may cover the costs of temporary staffing or consultant needs associated with 2. Grant funds shall be used fort the costs of preparing and adopting the proposed activity;  3    Fresno COG Housing Planning Grants Program FY: 2020-2021  3. Ajurisdiction that receivest funds under this Program may use as subcontractor. The subcontract shall provide for compliance with all the requirements oft the Program. The: subcontract shall not 4. Eligible expenditures may be incurred and expended fort the project(s) subject to the terms and 5. Only approved and eligible costs incurred for work after February 2021, and completed during  relieve the jurisdiction ofi its responsibilities under the Program;  conditions oft the Agreement; and the grant term, will be reimbursable. IX. Ineligible Uses  1. Program grant funds may not be used for administrative costs of persons employed by the grantee for activities not directly related to the preparation and adoption of the proposed 2. Nor more than! 5 percent of the grant amount may be used for administrative costs for any proposed use, tol be approved by Fresno COG upon disbursement; and 3. Approved and eligible costs incurred prior to the application due date are ineligible.  activity;  X. Grant Timeline extensions will be granted.  Awarded projects can begin as soon as project recommendations. are approved byt the Fresno COG Policy Board. All work must be completed and submitted to Fresno COG by August 1, 2023. Not time  XI. Project Selection Process  Ascoring committee will evaluate and score the proposed projects. An agency may submit multiple project applications. Scoring committee representatives cannot score a project submitted by their own agency or organization. The scoring committee will recommend the award amount for each application. Ift the program is oversubscribed, projects that are receiving Local Early Action Planning (LEAP) grant funds as well willl be prioritized for funding. Any applications not funded during this round may be resubmitted for the next round of funding, which will be available in mid to late-2021. The selected project(s) will go through Fresno COG Transportation Technical Committee, Policy Advisory The scoring committee comprises one representative from each of the following entities:  Committee and Policy Board for endorsement. 1. Fresno Council of Governments 2. City of Fresno/Clovis 3. Eastside city 4. Westside city 5. County of Fresno  4    Fresno COG Housing Planning Grants Program FY: 2020-2021  XH. Scoring Criteria Project Summary 15 points maximum Accelerates Housing Production 20 points maximum 5p points maximum Application Completeness 5p points maximum Implementation Capacity 5p points maximum 50 points maximum  SCORING CRITERIA  Application provides sufficient detail regardingt the proposed project, including summary, overall objectives, andi major tasks ands subtasks and plans Application describes in detaill how the proposed project willa accelerate Application describes how the proposed project is consistent with Fresno  for adoption and/or implementation. housing production.  Consistency with Sustainable Communities Strategy  COG's2 2018 Sustainable Communities Strategy. Application is complete and provides sufficient detail. within the timeline and! budget provided.  Application describes in detail project readiness andi implementationc capacity  5    Fresno COG Housing Planning Grants Program FY: 2020-2021  XIL. Agreement  Grantees will enter into an Agreement with Fresno COG for distribution of funds. The Agreement will specify, among other things, the amount of funds granted, timeline for expenditure of funds, and the approved use of funds. Expenditure report dates and other requirements will also be identified ini the Grantees that request Fresno COG to payt the consultant directly' will be required to enter into at three-  Agreement.  partyagreement between Fresno COG, the grantee, and the consultant.  XIV. Accounting and Reporting  Fresno COG will monitor work and expenses to ensure the project is completed according to the contracted scope of work and project timeline. Monthly progress reports must be submitted to Fresno COG with detailed invoices for reimbursement or payment. The reports should describe the work that has been completed, a copy of any project deliverables, and ani invoice that provides as summary of work  completed by task, including staff/consultant hours.  A. Grant funds cannot be disbursed until the Agreement has been fully executed; B. The grantee willl be responsible for compiling and submitting alli invoices and reporting documents. Grantees will submit for reimbursements or payment directly to the consultant to The grantee must bill based on clear deliverables outlined in the Agreement or scope of work. Only approved ande eligible costs incurred for work after February 2021 are eligible; D. Work must be completed prior to requesting embunemen/payment, Grantees willl have three administrative options, which must be identified on the application Option. A: Grantee pays the consultant directly and invoices Fresno COG for reimbursement. This option is required for projects that are also utilizing LEAP funds. Option B: Grantee approves invoices and submits them to Fresno COG to pay the consultant directly. hree-partyagreement between Fresno COG, grantee, and Option C: Grantee approves invoices and submits them to Fresno COG to pay the consultant directly. Additionally, for local governments that have limited staff availability, Fresno COG staff assists grantee with project management, as specifiedi in an agreement. (Three-party agreement between Fresno COG, grantee, and consultant  Fresno COG based on actual costi incurred;  at the time of submittal:  consultant required.)  required.)  F. Projecti invoices will be submitted to Fresno COG byt the grantee on a monthly basis; G. Supporting documentation mayi include, but is not limited to: receipts, progress payments, H. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. Fresno COG may withhold 10 percent oft the Each recipient of funds under the Program shall expend those funds no later than August 1,  subcontractor invoices, time cards, etc.; grant until grant terms have been fulfilled; and  2023.  6    Fresno COG Housing Planning Grants Program FY 2020-2021  The grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the! budget and timeline. Separate <. The grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project, in accordance with generally accepted accounting The grantee agrees that Fresno COG or designated representative shall have the right to review and to copy any records and supporting documentation pertaining toi the performance oft the M. The grantee agrees to maintain such records for possible audit fora a minimum of three (3) years after final payment, unless al longer period ofr records retention is stipulated; N. Subcontractors employed by the grantee and paid with moneys under the terms of this Agreement shall ber responsible for maintaining accounting records as specified above; O. At any time during the term oft the Agreement, Fresno COG may perform, or cause to be performed, ai financial audit of any and all phases of the award. AtF Fresno COG's request, the awardee shall provide, at its own expense, at financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct P. Fresno COG mayr request additional information, as needed, to meet other applicable audit Q. Fresno COG mayr monitor expenditures and activities of an applicant, as Fresno COG deems  bank accounts are not required;  principles; Agreement;  audits during project implementation and over the project life;  requirements; and  necessary, to ensure compliance with Program requirements.  XV. Remedies of Nonperformance  A. In the event that iti is determined, at the sole discretion of Fresno COG, that the grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from Fresno COG to stop work, the grantee shall cease all work under the Agreement. Fresno COG has the sole discretion to determine that the grantee meets the terms and conditions after a stop work order, and to deliver a' written notice to the grantee to resume B. Both the grantee and Fresno COG have the right to terminate the Agreement at any time upon 30 days written notice. The notice shall specify the reason fore early termination and may permit the grantee or Fresno COG to rectify any deficiencylies) prior toi the early termination date. The grantee will submit any requested documents to Fresno COG within 30 days of the early There must be as strong implementation component for thet funded activity through this Program, including, where appropriate, agreement by the locality tot formally adopt the completed planning document. Localities that do not formally adopt the funded activity could D. Fresno COG may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with Program  work under the Agreement;  termination notice; and  bes subject to repayment of the grant.  requirements (Health and Safety Code section 50515.04(e).  7    Fresno COG Housing Planning Grants Program FY: 2020-2021  APPLICATION  Application Submittal Instructions  All grant application packages should be submitted electronically to Meg Prince, Senior Regional  Planner, at mpringePfresnorosors by! 5:00 PM on March. 5, 2021.  Required Application Documents  The application in PDF format including: Applicant Information Project Description Project Schedule and! Scope of Work Application Signature Page  Signed Letter of Commitment from! Sub Applicant (if applicable)  Board/Council resolution authorizing project application (due prior to Fresno COG Policy  Board meeting on April 22, 2021) Optional Supplemental Information  Graphics of Project Area (when applicable)  Letter(s) of Support Data    Fresno COG Housing Planning Grants Program FY2020-2021  Applicant information ProjectTitle Total Funding Request  Fowler General Plan Update and VMT Guidelines VI Option. A: Grantee pays consultant directly andi invoices Fresno COG for reimbursement. This optioni is required for Option B: Grantee sends approved consultant invoices to Fresno COG for direct payment toi the consultant. (Three- Option C: Grantee sends approved consultant invoices tol Fresno COG for direct payment tot the consultant. Additionally, for local governments that have limited: staff availability, Fresno COGs staff assists grantee with project management, as specified in an agreement. (Three-party  $100,000  projects also utilizing LEAP funds. party agreement required.)  Administrative Preference  agreement required.) City of Fowler  Primary Applicant Agency  Primary Contact Name and Title Dawn Marple, City Planner  Email Phone Address Sub Applicant Agency Contact Name and' Title Email  dmarple@ppeng.com (559) )834-3113 ext. 122 128 S. Fifth Street, Fowler, CA 93625  NA NA NA    Fresno COG Housing Planning Grants Program FY: 2020-2021  Project Description  1. Project Summary (500 words maximum)  Please provide a summary of the project, overall objectives, and description of the tasks and major sub- The City of Fowler is currently undergoing a comprehensive update to their General Plan. Itis anticipated that additional lands will be added to the Sphere of Influence following adoption of the General Plan, as facilitated through the update process. Additional lands are being considered to accommodate new growth, increase opportunities for housing diversity within the community, and provide additional communty-serving retail and employment opportunities - particularly on the west side of Hwy 99. An Environmental Impact Report is also being prepared in support of the General Plan Update and the City isi interested in streamlining future environmental analysis toi the extent feasible, including VMT analysis. The City also would like to establish VMT Guidelines for land use and transportation projects to facilitate future projects, in particular housing developments. The 1. Completion of the General Plan policy document, including outreach efforts, to support 2.0 Development of a sub-area traffic model for VMT analysis as part of the EIR technical 3. Preparation of Fowler Traffic Impact Analysis Guidelines for land use and transportation projects, to address consistency reviews with General Plan policy and CEQA analysis.  tasks.  project components include:  efficient land use patterns and increase housing opportunities.  studies.  The overall objectives of the General Plan Update include: that will assist the City in contributing to their RHNA allocation.  1.Accommodate additional housing opportunities, particularly more diverse housing stock 2. Update the General Plan to address additional requirements, including Climate 3.S Streamline future environmental review through the update of the associated Program  Adaptation and Environmental Justice.  EIR.    Fresno COG Housing Planning Grants Program FY2020-2021  2. Nexus to Accelerating Housing Production (300 words maximum) Please describe the nexus oft the proposed project to accelerating housing production. The General Plan Update was facilitate additional opportunities (through designation of additional land for residential development) for up to an additional 900 housing units. Streamlining the environmental review processes will also reduce processing timelines  by up to 4t to 12 weeks.  3. RTP/SCS Consistency (200 words maximum)  Please describe how the proposed project is consistent with Fresno COG's 2018 RTP/SCS. Outreach conducted to date as part oft the General Plan Update process has identified the  following planning priorities for consideration: More diverse housing options More retail options, including healthy food options Increase in parks, open space, and trails  Additional services west of Hwy 991 to serve existing residential communities  The City has also completed policy papers on environmental justice and climate adaptation, which resulted in recommendations to be considered as part of the update process to address mobility, equity, and resiliency within Fowler. Policies will also be updated to address complete The planning priorities above are guiding policy and land use decisions for the General Plan Update. An example is the potential addition of a new medium high density residential land use desgination. The above planning priorities align with the objectives of the SCS and would contribute overall to more efficient land use patterns, thereby reducing VMT and GHG emissions.  streets requirements within the mobility network.    Fresno COG Housing Planning Grants Program FY: 2020-2021 4. Plan! Implementation (200 words maximum) potential obstacles to successful implementation oft the plan.  Please describe the implementation strategies for the proposed planning project. Please identify any The General Plan wili include an! Implementation Work Plant that will identify actions needed toi implement identified goals and  policies, including: Responsible party Timeframe fori implementation Estimated cost ofi implementation, where appropriate Potential funding sources successfull implementation.  Funding may be aj potential obstacle toi implementation; however, thei intent oft thel Work Plani ist tos structure actions inay way that will facilitate thel budget planning process fore each Fiscal Year." This strategy will increase buy-in ont the part oft the community ando decision-makers in understanding the commitments beingr madet through the General Plan and reduce resistance to The General Plan Update process has also been conducting ongoing outreach as part oft the effort toe engage andi inform the community and decision-makers throughout the process so that the General Plani is truly a reflection oft the community's values  and representative oft their own vision fort thet future.  5. Project Schedule and Scope of Work  Please outline the tasks (high level and major subt tasks), budget, timeline, and deliverables ini thet table template provided below. If other funding is used, please note the: source and amount in the notes  column. Task  Est. Cost Begin Date End Date  Deliverable Sub-Area Model TIA Guidelines  Notes  Land Use Alternatives Analysis $20,000 Preferred Land Use Scenario $10,000 Preparation of Sub-Area Model] $50,000 DraRG GeneralPlanE Elements. Landi Use/Circuation $25,000 TIA Guidelines  3/2021 6/2021 4/2021 9/2021 11/2021  6/2021 Alternatives Summary Report 7/2021 Selection of Preferred Land Use PCICC Session 2/2022 DraftL Land Use and Circulation Elements  8/2021 2/2022  $20,000  TOTAL COST $125,000    Fresno COG Housing Planning Grants Program FY2020-2021  Application Signature Page  To the best of my knowledge, all information contained int this application is true and correct.  Ifawarded a grant, lagree that Iv will adhere to the program guidelines.  Wilma Quan  Signature of Authorized Official (Applicant)  Print Name  City Manager  April 6, 2021  Title  Date  Signature of Authorized Official (Sub Applicant)  Print Name  Title  Date    RESOLUTION NO. 2498 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY COUNCIL COUNTY OF FRESNO, STATE OF CALIFORNIA  AUTHORIZINGAPPLICATION FORAND RECEIPT OF REGIONAL EARLY  ACTION PLANNING (REAP) GRANT PROGRAM FUNDS  WHEREAS, the California Department of Housing and Community Development ("Department") has provided funding under the Local Government Planning Support Grants Program (LGPSGP) to the Fresno Council of Governments (Fresno COG) as authorized by law;and WHEREAS the Local Government Planning Support Grants Program funds provided to Fresno COG are: now available to cities in Fresno County under the Regional Early. Action Planning  (REAP) Grant Program; and by applicable law; and  WHEREAS the City wishes to apply for eligible REAP grant funds to be used as authorized WHEREAS the City Council ati its meeting on March 16, 2021 authorized the City Manager to complete and submit an application (Resolution No. 2494) and any necessary supporting materials  and information needed to request an allocation ofup to $100,000; and  WHEREAS the City wishes to amend their application for REAP grant funds from the NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOWLER 1. The City Manager is hereby authorized and directed to complete and submit an application and any necessary supporting materials and information needed to request an allocation ofu up to $125,000 2. The City, under the direction of the City Manager, is hereby authorized to use all such REAP funds awarded to the City only for eligible activities as authorized by applicable law, regulations, 3. The City Manager is authorized to enter into, execute, and deliver any agreement and other documents deemed necessary or appropriate to evidence and secure the REAP grant allocation ofup  previous application amount of $100,000 to $125,000.  RESOLVES AS FOLLOWS:  in REAP grant funds.  Department guidelines, and REAP grant agreement.  to $125,000 and the City of Fowler obligations related thereto.    Ihereby certify the foregoing resolution was duly and regularly adopted by the City Council of the City of Fowler at a meeting held on the 6th day of April 2021, by the following vote:  AYES: NAYS: ABSTAIN: ABSENT:  Mayor  Attest:  City Clerk